Kakao Comprehensive Terms of Service
Chapter 1. Welcome!Article 1. Purpose and Definition
- Kakao Service refers to any service that the Company provides under the brand of Kakao (ex. KakaoTalk, KakaoStory, etc.). Provided, however, that even with product name containing Kakao, if such product is provided by Kakao Affiliates other than the Company, it shall constitute no part of the Kakao Service herein.
- Daum Service refers to any Daum branded services provided by the Company (ex. Daum Portal Service)
- Melon Service refers to any service that uses Melon brand provided by the Company (ex. Melon Service)
- Individual Service refers to any brand-level service including Kakao Service, Daum Service, Melon Service that composes the Comprehensive Services.
- Sublevel Service refers to a particular sublevel service that is part of any Individual Services. (ex. paid services in each Individual Service, KakaoTalk Service in the Kakao Service, Café and Mail Service in the Daum Service, MelonTicket Service in the Melon Service)
- ① This Comprehensive Terms of Service shall be posted in the relevant pages of the Comprehensive Service or via other methods and shall enter into force between the Parties that have consented hereto.
- ② The Company, if deemed necessary, can modify this Comprehensive Terms of Service within the scope not contravening the relevant laws and regulations. In such case, the amended contents shall be announced or notified by the Company at least fifteen (15) days prior to the effective date. If the foregoing modification unavoidably operates to your disadvantage, the Company shall individually transmit the notice thereon, at least thirty (30) days prior to the effective date, to your email address via email or to your mobile phone number via KakaoTalk or text messages (unless you have any email address, other electronic methods including electronic notice or pop-up message in the Service shall be applied.)
- ③ Unless you explicitly refuse to accept the aforementioned modification within a set period, from the date of announcement or notification hereby to seven (7) days after the effective date, the Company shall presume your consent thereto.
- ④ You can terminate the Service Agreement by representing your refusal for this revised Comprehensive Terms of Service. With regard to termination effect of individual paid-coupons in the Melon Service, the relevant provisions of Melon Paid-Service Comprehensive Terms of Service shall apply.
- ⑤ This Comprehensive Terms of Service remains in force from the date when you consent hereto until the date when you withdraw therefrom, provided, however, that part of the provisions hereof may remain effective after the foregoing withdrawal.
Any matters that are not prescribed herein shall be pursuant to the relevant laws and regulations, or Operation Policies and Rules of Individual Services comprising part of the Comprehensive Service, Terms and Conditions of Sublevel Services in each Individual Service, and Kakao Operation Policy and Rules, etc. (hereinafter collectively, the "Guiding Principles"). In case of any conflict arising between this Comprehensive Terms of Service and the Guiding Principles, the Latter shall be applied.
Chapter 2. The Comprehensive Service AgreementArticle 4. Formation of Agreement
- ① The Kakao Account is required to subscribe to the Comprehensive Services. Please create your Kakao Account, unless you have one.
- ② The Comprehensive Service Agreement shall come into effect at the moment when the Company verifies and approves your Kakao Account Information after you consent to this Comprehensive Terms of Service.
- ① Any applicant pursuant to the Article 4. shall be permitted in principle to sign up for the Comprehensive Service by the Company; Provided, however, that the Company may withhold or refuse its approval thereof, if a case falls under any of the following subparagraphs. In particular, any user aged under 14 years can sign up for this Comprehensive Service only with consent of a legal representative (ex. parents)
- 1. Provided that you have attempted to sign up for the Comprehensive Service by using a third party’s name, email address or personal information
- 2. Provided that there is no sufficient capacity to provide the Comprehensive Service
- 3. Provided that any technical issue is detected in providing the Comprehensive Service
- 4. Provided that the Company admits the financial or technical needs thereof
- 5. Provided that any Member whose qualification has been suspended attempts to arbitrarily terminate and reuse the Comprehensive Service Agreement within the period of such regulatory measures
- 6. Provided that any attempt to contravene the relevant laws and regulations or Guiding Principles set forth by the Company occurs
- ② Provided that you turn out to have signed up for the Comprehensive Service against the foregoing conditions, the Company may impose proper restrictions by immediately suspending use of the Comprehensive Service or deleting your Kakao Account.
Chapter 3. Use of the Comprehensive ServicesArticle 6. Provision of Diverse Services
- ① If this Comprehensive Terms of Service comes into existence, Kakao Service, Daum Service, and Melon Service that constitute the Comprehensive Services shall be available at your convenience, and extra service agreement for an Individual Service is unnecessary.
- ② Provide that, some sublevel services are available only when users consent to separate Terms and Conditions, enter additional information required, and complete verification procedures set forth by the Company via email address or text messages. Melon Service is also made available with the completion of identity verification via domestic only mobile phones when users log on for the first time.
- ③ Users can terminate the Individual Services or Sublevel Services that constitute the Comprehensive Services, utilizing features provided in the related Service Pages. In such event, history of individual service use, personal postings, etc., other than any information that should be restored for a certain period of time as prescribed in the relevant laws and regulations, shall be deleted without delay. Provided, however, that any posting uploaded by a third-party via sharing or clipping function, or any comment or posting that you have added to other user's postings shall not be deleted. Please make sure that you have deleted the foregoing postings before your withdrawal of the Service. If any notice is separately transferred to inform that reactivation of such Individual or Sublevel Services can be restricted for a certain period of time, users shall make sure that they understand the aforementioned circumstances herein.
- ④ Termination of Individual Services or Sublevel Services under the foregoing provisions hereof shall be applicable only to such Individual Services or Sublevel Services, but to other services constituting part of the Comprehensive Services. If any user wishes to terminate the entire Comprehensive Services, he/she shall terminate the Comprehensive Service Agreement as prescribed in the Article 13 hereof.
- ⑤ The Company provides diverse Services that users can enjoy on the Internet or through their mobile devices, such as a social networking service, bulletin board service, online contents provision service, and location-based service, etc. You may download the Service from your smartphone and application store and install it on your PC or use it by accessing the relevant web page. As the Company offers various Services from moment to moment, any detailed content thereof shall be separately notified. In this regard, your generous understanding will be needed. Please refer to the detailed instructions for use of each Service in the application store, the Q&A center for each Service, and the relevant guidelines and notifications.
- ⑥ The Company hereby grants you a personal, worldwide, non-assignable, non-exclusive and royalty-free license necessary for your use of Services. However, please assure that the Company grant you no right to use the Company's trademarks and logos.
- ⑦ In order to improve level of the Service, the Company may update software required to activate the Service. Such update contains functions of adding important features or removing insignificant features. Please update your software regularly so that you can enjoy Services to the fullest extent possible.
- ⑧ In order to provide a better service, the Company may publish in the Comprehensive Service, or send to your registered contacts various notifications, messages, advertising materials and other information with regard to your service use; Provided, however, that commercial information shall be transmitted only upon a receiver's prior consent.
- ⑨ If you encounter any system error while using the Service, please contact the Customer Center at any time.
- ⑩ If you use a registered wireless Internet provided by telecommunications service providers, not Wi-Fi wireless Internet, while using the Comprehensive Service, please assure that you may be separately charged by any of the foregoing service providers. Any data communications fare incurred during your use of the Comprehensive Service shall be paid to such provider at your cost and under your responsibility. For further information, please contact the mobile carrier that you have subscribed to.
- ① The Company exerts every effort in providing the Comprehensive Service 24/7/365. If a case falls under any of the following subparagraphs, all or part of the Comprehensive Service may be restricted or suspended by the Company.
- 1. Regular or provisional check for equipment maintenance of the Comprehensive Service equipment
- 2. Service disruption due to blackout, equipment failure, or traffic overload
- 3. Any case that the Company can no longer maintain all or part of the Comprehensive Service, due to changes in circumstance including termination of Partnership Agreement, the government order/restriction, etc.
- 4. Natural disaster, national emergency, or other force majeure events
- ② Service suspension due to any of the foregoing causes shall be notified or announced in the method prescribed in the Article 17, provided that any cause that the Company is unable to predict or control (ex. Disc/server failure or system down without the Company's negligence) will make an exception of such prior notification or announcement. However, even for such exceptional cause, the Company will exert its utmost effort to recover the Service at the earliest possible time.
- ① If a posting contains any breaching content under the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter "the Act on Information and Communications Network"), the Copyright Act, and any other governing laws and/or regulations, the legitimate holder of right may request for suspension and deletion of such posting, and the Company shall take a necessary action under the relevant laws and regulations.
- ② If any cause that is deemed to constitute infringement or to breach other Policies and Guidelines of the Company, the Company may take tentative measures against such posting pursuant to the relevant laws and regulations even without any request from a rightful person.
- ③ Detailed procedures to impose such measures shall be subject to the Company's Infringement Report Procedure within the extent set forth by the Act on Information and Communications Network and the Copyright Act.
- ① You can upload in the Comprehensive Service any contents including photos, texts, information, video, opinions or proposal on the Comprehensive Service or the Company (hereinafter, the "Postings"). Any intellectual rights or copyright thereof naturally belongs to a rightful person.
- ② If you post any content in the Comprehensive Service, such content may be exposed to the Individual Services constituting part of the Comprehensive Service, and you are deemed to have granted to the Company a worldwide and permanent license to use, store, copy, modify, publicly transmit, display and distribute such content within a necessary scope. For the record, the rights granted to the Company hereunder shall be used only to operate, improve and promote the Comprehensive Services, and develop new services. Some Services may offer ways to access or remove any content that you have provided. Furthermore, some Services provide functions to limit the scope of information that the Company can utilize.
- ③ You should obtain essential rights to grant to the Company a license on any content that you have provided to the Company. For any matter caused thereby, the Content Publisher shall take the entire responsibility. Furthermore, you must not disclose or upload any contents that are lewd or violent, or against good social morals, public manners, laws and regulations.
- ④ The Company may delete or reject any posting if deemed to be unjustifiable under the relevant laws and regulations, lewd, harmful to the Youth, discriminative, conflictive, impersonating and suffusing, and/or to fall under any of commercials, promotional materials, Spams, and other postings that attempt to transfer or transact one's Account; Provided that the Company is in no duty to examine all of such contents herein. If your rights have been infringed by other person, please contact the Customer Center to request for suspension of such posting. For further standards and procedures thereon, you can refer to the Kakao Operation Policy.
- ⑤ Some contents that the Company has not retained may be displayed in the Comprehensive Service. For such contents, the providing entity shall solely take the entire responsibility. Even if you use the Comprehensive Service, it shall not be construed that you have any right for other person's contents. You must separately obtain a permission from such owner of the foregoing contents to utilize them.
- ① Most of Individual Services that constitute the Comprehensive Services are provided free of charge, however, part of Sublevel Services in each Individual Service may be priced. For example, you can exchange messages with your friends free of charge on KakaoTalk, but need to purchase some emojis, etc. to be sent to your friends. You can use Daum Mail free of charge but need to purchase Premium Mail. For Melon Service, search function including artist information, real-time digital ranking is serviced free of charge; however, sound source shall be provided as part of paid-services with an exception of one-minute version.
- ② If you use the Company's Paid Service, you need pay for the fee. Payment methods provided by the Company may include mobile phone payment, credit card payment, telephone payment, account transfer, deposit without a bank note, electronic payment means, etc. Each Paid-Service may require a different payment method. In case of monthly payment, it will make every month, unless you suspend the use of relevant Service and request for cancellation of monthly payment.
- ③ The Company may request for your additional personal information required to proceed payment, and you must such information in a precise and timely manner.
- ④ Any matter that is not prescribed herein shall be stipulated in each Sublevel paid-service's terms and conditions in the Individual Services. (ex. Kakao Paid-Service's Terms and Conditions, Melon Paid-Service's Terms and Conditions, etc.) In case of any conflicts between the content herein and any provisions of each Sublevel Service's Terms and Conditions, the Latter shall override this Comprehensive Terms of Service.
- ① If you operate mail order service or brokerage service in use of this Service, you shall comply with obligations under the Electronic Commerce Consumer Protection Act (hereinafter, the "Electronic Commerce Act").
- ② If any dispute regarding electronic commerce arises between you and other user in operating such mail order service or brokerage service, the Company shall operate a proxy system where the other Party can request for remedy.
- ③ Furthermore, the Company shall verify your identity by providing a feature to enter personal identity, etc. pursuant to the Electronic Commerce Act, and shall cooperate to settle any dispute arising between you and other person by offering personal identity information upon any request from dispute settlement organization, Fair Trade Commission, Mayor or Governor, or head of Si/Gun/Gu, etc.
① The Comprehensive Services can be used at any time, but none of the following subparagraphs shall be performed by any Member during his/her use of the Comprehensive Service.
- 1. Enter false fact while subscribing or modifying the Service use; appropriate or unjustifiably use other's Kakao Account and Password; use other's name; or perform identity verification via text message (SMS) without consent of a registered person.
- 2. Copy, distribute or commercially utilize any information obtained from the Company's Service Information without prior consent of the Company.
- 3. Privately use any sound source obtained via downloading or streaming in the Service, or play such sound source in public or profit-making places including business sites, stores, etc.
- 4. Defame or impair other's reputation
- 5. 게Upload lewd materials on the notice board or connect (link) obscene sites
- 6. Infringe on copyright or other rights of the Company or a third-party(Activities that injure a third-party's copyright, local and abroad, including any attempt to access the Service on purpose or by means and methods to deceive the Company, even after the Company has taken prevention measures to technically block IPs.)
- 7. Post false information about the Company or any third party in the Service
- 8. Disseminate to others any information, sentence, figure, or voice against public order and/or good morals and manners
- 9. Register or circulate materials containing computer viruses that cause malfunction of equipment, and/or destroy or disrupt information, associated the Comprehensive Service
- 10. Transmitting information that can interfere or impede a stable Service operation in bad faith, or commercial information or Spam Mail against recipients' explicit refusal of reception
- 11. Copy, alter, distribute, sell, transfer, lend, secure or allow others to use the Service or part of software thereof without the Company's consent; and/or copy, disassemble, imitate or transform the Service including reverse-engineering of software aforementioned or any attempt to extract source code
- 12. Personate a false identity of other person and/or misrepresent the relationship with other person
- 13. Collect, store, disclose other user's personal information
- 14. Circulate false information to provide oneself or others with proprietary benefits, or to damage others
- 15. Gamble properties or conduct speculation business
- 16. Circulate any information to arrange prostitution or mediate lewd act
- 17. Interfere other's daily life by having utterance, sound, writing or video clip arousing shame, revulsion or fear continuously reached to him/her
- 18. Transmit or publish any information (including computer program) prohibited by relevant laws and regulations
- 19. Upload a post, or transmit email or KakaoTalk message by disguising or personating officer or administrator of the Company or Partner companies or appropriating other's name
- 20. Post any material that contains software virus, other computer code, file or program designed to disrupt or destroy normal operation of computer software, hardware, and electronic communication devices; and/or transmit the foregoing via email or KakaoTalk message
- 21. Harass other users by stalking, excessive filing of false or malevolent reports, etc.
- 22. Improperly use the Comprehensive Services (ex. Repeat unjust activities more than twice to withdraw the Comprehensive Services or Paid-Services within less than one (1) month after signing up or purchasing such services.
- 23. Violate other existing laws and regulations, the Comprehensive Terms of Service, and/or any detailed Service instructions provided by the Company.
- ② Users shall neither transfer to other person nor put up as collateral any right or status hereunder.
③ As prescribed in the following subparagraphs, part of the Comprehensive Services may be restricted depending on age or status of users.
- 1. A user aged under 19 years (exclusive of a person who rings in the New Year of 19 years old) shall be prohibited to use any material declared "Harmful to Youths" under the Youth Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
- 2. Any person aged 19 years or older are allowed to use the foregoing "Harmful to Youths" only after his/her name, age and identity verifications as prescribed in the Youth Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. Without such verification, the aforementioned services shall be restricted to use.
- ④ Unless you abide by the relevant laws and regulations, or any Terms and Conditions or Policies provided by the Company, the Company shall be able to investigate into your breaches, delete the postings in question temporarily or permanently, restrict all or part of Individual Services constituting the Comprehensive Services continuously or temporarily, or limit the reactivation of the Comprehensive Services or some Individual Services.
- ⑤ The Service Use shall be restricted temporarily or permanently, depending on the accumulated number of violation; provided, however, that lewd postings, gambling promotions, emergent risk or any explicit unlawful activities required to be prohibited under the relevant laws and regulations shall be restricted permanently without delay, regardless of the accumulated number of violation.
- ⑥ Any matters stipulated herein or other details on the use of Comprehensive Services are further elaborated in Kakao Operation Policies
- ① If you withdraw from the Kakao Account, the Comprehensive Service Agreement shall terminate automatically.
- ② You can apply for termination of this Service Agreement at any time in use of menu provided in the Service. The Company will take actions accordingly in a swift manner as prescribed under the relevant laws and regulations.
- ④ Any posting that has not been deleted under the foregoing provision shall be maintained in the Comprehensive Service within a necessary scope to provide normal service operation for other users.
- ⑤ Termination of Paid-Service Agreement shall be established upon your application and the Company's approval thereof. In case of refunded amount left, the Company shall process it accordingly; Provided, that each Terms and Conditions of Paid Service and/or the relevant Guiding Principles shall apply, if the both prescribe otherwise compared to this Comprehensive Terms of Service.
- ⑥ Unless you sign in or access some Individual Services for a certain period of time, the Company may discard or separately store your information, or restrict all or part of such Services or all or part of functions thereof. For more information, please refer to the detailed guidelines of each Individual Service.
- ⑦ Even with termination of the Comprehensive Service Agreement, you can re-apply for the subscription thereof to the Company; Provided, however, that reapplication of the Service Use that has been restricted due to users' breach of relevant laws and regulations, the Comprehensive Terms of Service and/or detailed guidelines hereof shall be limited for a certain period of time. Furthermore, an immediate use of some Individual Services constituting part of the Comprehensive Service shall be restricted as prescribed in the Article 6.3., even after approval of reuse is obtained.
Chapter 4. OthersArticle 15. Indemnification for Damage
- ① With regard to the Service, the Company must not assure or guarantee any specific matters that are not prescribed in this Comprehensive Terms of Service within the scope permitted under the relevant laws and regulations. The Company shall provide no warranty on credibility and accuracy of information, data and fact posted in the Service in a way that the Contents Provider (CP) offer or the Member write and shall take no responsibility for any loss occurred without the Company's negligence.
- ② The Company will compensate for any loss caused by its negligence, under this Comprehensive Terms of Service and the relevant laws and regulations; provided, however, that the Company shall take no responsibility for any loss occurred without its negligence as prescribed in the following subparagraphs. Furthermore, the Company shall take no liability for indirect, particular, consequential, disciplinary and punitive loss.
- 1. Any loss occurred in an uncontrollable state including natural disaster or equivalent force majeure
- 2. Service error due to reasons attributable to the Members
- 3. Personal loss arising from access to or use of the Comprehensive Service
- 4. Any loss originated from illegal access to or use of the Company's Server by a third party
- 5. Any loss originated from impeded transmission to or from the Company's Server by a third party
- 6. Any loss originated from transmission or spread of malware by a third party
- 7. Any loss arising from use of the Service by a third-party including damage or defamation caused by omission, deletion, destruction, etc. of transmitted data
- 8. Any other loss arising from acts of the Company that are not intentional or negligent
- ③ The Company shall take responsibility neither for any loss of expected profit from the Service use, nor for any damage caused by data from the Service
- ④ The Company shall have no obligation to intervene in any conflict between you and a third-party regarding the Service and take no responsibility therefor.
Furthermore, the Comprehensive Service implements Youth Policy to support for a safe Service use of the Youth and to protect them from any harmful information in the Internet space where people of all ages can access unconstrainedly. Any details hereof are prescribed in Youth Policy .Article 17. Notice and announcement
Communication with the Members is most valued by the Company. The Members can visit Customer Center and raise their opinions at any time. Notification for all Members shall come into force by being posted in the Service Notification for no less than seven (7) days. Any notification that may gravely affect your conditions shall be individually sent to your registered email address via email, or to your registered mobile phone number via KakaoTalk message or text message. (Unless any email address has been registered, other electronic methods including electronic note or pop-up message in the Service will be applied.)Article 18. Dispute Settlement
This Comprehensive Terms of Service or the Comprehensive Service shall be stipulated and executed under the laws and regulations of the Republic of Korea. In case of any disputes arising out of or related to use of the Comprehensive Service between the Parties concerned, the Company shall faithfully consult with the other Party hereto to resolve such issues. Unless the foregoing conflicts are settled, the Company may file a lawsuit to a competent court under the Civil Procedure Act.
- Notification Date: June 11, 2019
- Enforcement Date: June 11, 2019