Updated: Nov 8, 2021

Terms of service

FanArcade Service Terms of Conditions of Use

Article 1 (Objective)

The purposes of these terms and conditions are to regulate rights, obligations, responsibilities, and other necessary matters in relation to the usage FanArcade services provided by Sunniest (hereinafter referred to as ‘the company’

Article 2 (Definition)

① Definitions of terminologies used in these terms and conditions are as follows.

  1. ‘Services’ refers to the Fanarcade services(hereinafter, referred to as ‘Services’) to be used by ‘members’ through any devices (including wired and wireless devices such as PC, TV, or mobile devices, etc.).

  2. ‘Members’ refers to users who access the ‘Services’ of the Company, enter into a contract with the Company in accordance with these Terms, or use the Sevices provided by the Company.

  3. ‘FanArcade account’ refers to a login account necessary for using the ‘services’ based on email address and password. FanArcade account may be required for some ‘services’.

  4. ‘Post’ refers to text, photos, videos, files, and links in the form of signs, texts, voices, sounds, images, and videos posted on ‘Services’ by ‘members’.

  5. ‘Contents’ means creative works such as videos, emoticons, and characters provided to members by the company through these services.

② The definitions of terminologies used in these terms and conditions follow relevant laws and regulations and other general commercial practices except the definitions specified in Paragraph 1.

Article 3 (Posting and amendment of terms and conditions)

① ‘The company’ posts the contents of these terms and conditions, company name, location of business places, name of the representative, business registration number, contact information (telephone, email address, etc.) in the FanArcade service in order for ‘members’ to notice. Provided, however, the details of these terms and conditions only can be viewed to ‘members’ through connected pages. ② ‘The company’ may amend these terms and conditions within the range that does not violate relevant laws such as ‘Regulations of Standardized Contracts Act’, ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as ‘Ace on Information and Communications Network’)’, 'Act on the Protection, ‘Content Industry Promotion Act’, Use, etc. of Location Information. ③ In case when ‘the company’ amends these terms and conditions, it shall state the date of application and reason of amendment, together with the existing terms and conditions, and publish them in the form of Paragraph 1 from 15days prior to the day before application of the amendment. Provided, however, if any amendments are unfavorable to members, then it will be published 30 days before the effective date, and it will also be clearly notified again through electronic methods including email, electronic messages in ‘services’ or consent screen for a certain period of time. ④ If ‘members’ use the ‘services’ of ‘the company’ continuously after the published effective date in the previous paragraph, it will be considered that the members agree to the amended terms and conditions. If any ‘members’ do not agree to the amended terms and conditions, the ‘members’ may freely terminate the ‘services’ agreement anytime.

Article 4 (Interpretation of terms and conditions)

① Any matters and interpretations not specified in these terms and conditions shall follow relevant laws or commercial practice. ② These terms and conditions may be provided in Korean, English, and some other languages for the convenience of users. If any translated terms and conditions are different from the Korean version of these terms and conditions, then the Korean version of terms and conditions will be preferably interpreted and applied.

Article 5 (Sign-up)

① For the sign-up process, a person who wishes to become a ‘member’(hereinafter, ‘applicant for membership’) shall enter member information from designated by ‘the company’, and consent to the terms and conditions, and complete the authentication process with a telephone number in order to apply for membership. And when the company approves the application, the sign-up for membership is completed. ② ‘The company’ will generally accept the application of the ‘applicant for membership’ and approve the use of ‘service’. Provided, however, ‘the company’ may not accept the application or terminate the service agreement later in the following cases.

  1. In case any applicant’s membership was permanently suspended before under these terms and conditions, Provided, however, if the members obtain approval of ‘the company’ for rejoining, it will be exceptional.

  2. In case any applicants use the name of other people

  3. In case any applicants enter false information or do not enter the information required by ‘the company’

  4. In case it is impossible to approve due to any faults of users or the application violates any regulations

  5. In case the ‘services’ are used wrongfully or used to pursue profits in ways other than purposes or methods specified by ‘the company’

  6. In case the application violates related and regulations or commits offenses against public morals or fine customs

  7. In case the application violates these terms and conditions or it is confirmed that the application is illegal or wrongdoing, and ‘the company’ reasonably determines that it is necessary

③ ‘The company’ may request to verify real name and identification through institutions by the types of ‘members’ in the application specified in Paragraphs 1, 2, and 3. ④ ‘The company’ may hold off the approval when facilities related to services are not sufficient or there are any technical or operational issues. ⑤ If the application for membership is not allowed or held off according to the prior paragraph, ‘the company’ shall generally notify the applicant for membership. ⑥ ‘The company’ may apply differentials on usage hours, the number of usages, and service menu for ‘members’ by grades of membership under the company’s policies. ⑦ ‘The company’ may put a limit on use or restriction for ‘members’ by grades and age pursuant to the ‘Promotion of the Motion Pictures and Video Products Act’ and ‘Juvenile Protection Act’, etc.

Article 6 (Changes in Member Information)

① ‘Members’ can read and amend their personal information anytime through ‘My profile’ in ‘Services’. However, email account cannot be amended, and terminal ID Mo. (device ID or IMEI) and telephone numbers used for ‘service’ management only can be amended upon the procedures determined by ‘the company’ such as device change and re-authentication after changing telephone number. ② If any information entered when applying for membership is changed, ‘members’ may amend it online or notify ‘the company’ of the changes through email, etc. ③ If any disadvantages occur since members do not notify the changes specified in paragraph 2, ‘the company' is not responsible for that.

Article 7 (Obligations to protect personal information)

The company’ will make efforts to protect the personal information of 'members pursuant to any relevant laws including ‘Act on information and Communication Network’. For the protection and the use of personal information, related laws and the Privacy Policy of ‘the company’ shall apply.

Article 8 (Obligations on the management of member accounts)

① ‘Members’ are responsible for the management of the ‘account’ of ‘members’. and they shall not allow any third parties to use it. ② If there is any concern/event of information leakage for a certain ‘account’, then ‘the company’ may restrict usage of such ‘account’. ③ If ‘account’ is hacked or ‘members’ acknowledge that any third parties use their account, then it shall be immediately notified to ‘the company’ and the ‘members’ shall follow the instructions of ‘the company’. ④ In case of Paragraph 3, if ‘members’ do not notify the ‘the company’ of the fact, or even though it is notified to ‘the company’, any disadvantage occurs since the members do not follow the instructions of the ‘the company’ then ‘the company’ is not responsible for that.

Article 9 (Obligations on the management of member accounts)

① In case ‘the company’ notifies ‘members’, it may be notified to email address or electronic message in the services unless otherwise specified in these terms and conditions. ② In case of notification for all ‘members’, ‘the company’ can post it in the ‘website’ of ‘the company’ or ‘Notice’ on ‘service’ for more than seven days, and it can replace the notification specified in Paragraph 1. However, any matters that significantly affect to the transaction of any members will be notified individually.

Article 10 (Obligations of the company)

① ‘The company’ does not conduct any action prohibited by these and conditions or an offense against traditional custom, and makes best efforts to provide ‘services’ continuously and stably. ② If ‘the company’ admits that any opinions or complaints from ‘members’ related to the ‘services’ are reasonable, then it shall address the issues. The process and result of addressing opinions or complaints raised by members shall be delivered to ‘members’ through a bulletin board or email.

Article 11 (Member’s obligations)

① ‘There is no tolerance for objectionable content or abusive ‘Members’. Members’ are not allowed to do the following.

  1. Registration of false information when applying or changing

  2. Illegal use of other’s information

  3. Changing information posted by ‘the company’

  4. Collecting personal information and account information of other ‘members’

  5. Any acts to use the services to transmit advertisement for profits without the prior consent of ‘the company’

  6. Any acts to copy, disassemble or emulate the ‘services’ through reverse engineering, decompiling, disassembling, and other processing activities 7. Any acts to interrupt normal ‘services’ of the company bt creating a heavy load on the server of ‘the company’ by using the ‘services’ in a different from normal usage method (e.g. Automatic connection program, etc.).

  7. Any acts to grant access authority to any other third parties

  8. Infringement of intellectual property rights of the third party, including copyrights of actors, artists, and influencers (hereinafter referred to as ‘ARTIST’) in the company’ and services

  9. Any acts to defame the reputation of ‘the company’ or any third party or interrupt businesses

  10. Any acts to disclose or post obscene or post obscene or violent messages, video, or other information that are offensive against public order and good morals

  11. Any acts to use the ‘services’ for profits without consent of ‘the company’

  12. Any other illegal activities or wrongdoings

② ‘Member’ shall observe related laws, regulations of these terms and conditions, instruction for use and cautions notified in relation to ‘services’, and notifications of ‘the company’, and shall not conduct any acts interrupting the business of ‘the company’.

Article 12 (Provision of ‘Service’, etc.)

① The company currently provides the following services to ‘members’.

  1. Shopping search service

  2. Posting

  3. Any other services additionally developed by ‘the company’, or provided to ‘members’ through affiliate agreements with other companies ② The company may request authentication through mobile phone, sign-up process in order to provide the ‘services’.

③ The company may divide the ‘services’ by certain ranges, and designate available time by each range separately. Provided, however, the details are noticed in advance in such a case. ④ ‘The company’ may temporarily suspend the provision of ‘services’ if there is maintenance, replacement, breakdown, or communication interruption, etc. of information and communication facilities like computers, etc., or in case of other reasonable cause regarding the operation. In this case, ‘the company’ shall notify ‘members’ in the method specified in Article 9 [Notifications to members]. Provided, however, if there is any reason that ‘the company’ cannot notify it in advance, it may be notified later. ⑤ ‘The company’ may conduct regular checkups if necessary for the provision of the ‘services’, and such regular checkup hours shall be notified on the ‘services’ screen.

Article 13 (Change in ‘Service’)

① ‘The company’ may change or suspend the whole or part of ‘services’ provided for the operational and technical necessities, if there are significant reasons such as difficulties in providing ‘services’ and a decrease in profitability due to decreased usage, deteriorated profitability, a necessity for transformation to next-generation ‘service’ because of technical advance, changes in company’s policies in relation to the provision of ‘services’ ② ‘The company’ may amend, suspend or change the whole or part of ‘services’ provided for free when it is necessary for the policies and operation of the company, and it does not compensate the ‘members’ separately unless otherwise there are any special rules in any relevant laws. This also applies to contents, etc. provided for free. ③ If any contents, use method and hours of ‘services’ have been changed or ‘services’ are suspended, The contents, reason, and date of the ‘services’ to be amended or suspended will be notified for a certain period in a manner that ‘members’ can fully acknowledge such as ‘website’ of ‘the company’, ‘Notification’ screen in the ‘services’ or other official massages, etc. before the change or suspension.

Article 14 (Provision of information and advertisement)

① 'The company may post information related to the 'services on the FanArcade services screen, official message and its homepage, etc. ② ‘The company’ may publish an advertisement to the company or any third parties in these ‘services’. ③ These services may include ‘services’ or ‘contents’ provided by other businesses affiliated with the company. The businesses providing these ‘services’ or ‘contents’ have responsibilities on the services or contents, and the Terms of Conditions of Use prepared by the businesses may be applied.

Article 15 (Copyrights of members ‘posts’)

① The copyrights of ‘posts’ posted by ‘members’ in the ‘services’ will be protected by the Copyright Act. Members shall provide worldwide, permanent, non-exclusive, and free licenses to ‘the company’ to use the ‘posts’ as follows. The scope of use and allowance of the licenses above is as follows.

  1. Using, editing, saving, copying, revising, transferring, exhibiting, publicly demonstrating, publishing, and distributing ‘posts’ by the company and subcontractors in order to operate, improve and enhance ‘services’, and develop new services

  2. Creating and distributing edited works, secondary works of ‘posts’

  3. Providing it to report or broadcast the contents of the 'posts to mass media or communication companies upon the consent of the members for the purposes of promotion for the company or ‘services’

  4. The company uses 'posts as search results in the ‘services’

  5. Using it for promotional materials such as IR

② Despite the preceding Paragraph, if the company uses the posts of ‘members’ for commercial purposes (e.g. Providing posts to third parties and receiving monetary consideration) other than the purposes specified in the preceding Paragraph, then it has to obtain the consent of the user in advance ③ ‘Posts’ in these ‘services’ may have an editing function for various ‘members’ to use and edit their ‘posts’. ④ Even though ‘members’ terminate the agreement of use or the agreement is terminated by Article 19, the licenses shall survive within the range to operate, enhance, improve and promote ‘services’, and develop new services. ⑤ If ‘the company’ integrates services operated by the company based on ‘service’ operating policies, changing the location of posting ‘posts’ or sharing between services can be elected to provide services without changing the contents. of ‘posts’, and this shall be notified in advance.

Article 16 (Management for ‘posts’ of members)

① ‘Posts’ of ‘members’ shall not infringe rights such as the copyrights of the third party without prior consent. The company shall not be responsible for any infringement of copyrights and damages that occurred to third parties due to this. If the ‘posts’ of members include any content violating relevant laws including ‘Act on information and Communication Network’ and ‘Copyright Act’, etc., Right holders may request to suspend the posting of the ‘posts’ and delete it according to procedures specified in any relevant laws, and ‘the company’ shall take actions pursuant to any relevant laws. ② Detailed procedures according to this Article shall follow the ‘Request to suspend posting service’ prepared by ‘the company’ within the range specified in the ‘Act on Information and Communications Network’, ‘Copyright Act’, etc. ③ ‘The company’ may refuse or delete some ‘posts’ pursuant to relevant laws, if there are some factors to be acknowledged as an infringement of rights or the posts violate of the right holders specified in the preceding Paragraph for that, the company can take the actions. However, ‘the company’ has no obligation to review all the ‘posts’.

  1. In case the posts put an offense against public order and good morals, or laws. (e.g Obscene or violent contents)

  2. In the case of damaging other’s reputation

  3. In case of the posts maliciously slander and defame the ‘services’ or ‘stars’ repeatedly

  4. In case portrait rights and intellectual property rights are infringed

Article 17 (‘Services’ Ownership of Rights)

① All right such as copyrights and intellectual rights for the ‘Services’ belongs to ‘the company’. However, the 'posts of ‘members’ and creative works of the third party provided according to affiliate agreement will be excluded. ② All copyrights and other intellectual property rights for all trademarks, ‘service’ mark, logo, etc. related to the ‘service’ provided by ‘the company’ such as the design of ‘services’ provided by ‘the company’, texts made be ‘the company’, script, graphic, transmission between ‘members’ shall be owned by ‘the company’ or ‘the company’ has ownership or use right pursuant to the laws in Korea and other foreign countries. ③ ‘The company’ is non-exclusive and not possible to grant and re-permit regarding the ‘contents’ provided by the company, and provides users right of use limited to purpose using this ‘Service’. If customers use any content with separate service conditions, such as usage fees and usage period, the customers shall follow the Terms of Conditions of Use. Even though the services indicate ‘Purchase’, ‘Sales’ on the screen, Intellectual property rights and other rights regarding these contents provided to customers are not transferred(yielding, etc.) to customers, and only use right is granted to the customers. ④ ‘Members’ cannot copy, transfer or distribute texts, script, or graphics created by ‘the company’ between members or to non-members in the matter not allowed in the service except the contents clearly allowed to do so. This also applies to using, copying, transmitting, or distributing information about ‘members’ obtained from the services for profits.

Article 18 (Termination of membership, etc.)

① Termination by ‘members’

  1. ‘members’ can terminate the agreement of use at any time through the settings screen in the ‘services’.

  2. The ‘members’ who have terminated the agreement, many signs up again as ‘members’ pursuant to the regulations specified by ‘the company’.

② Termination by the company

  1. ‘The company’ may terminate the agreement of use in case any of the following reasons occurred to ‘members’. A. In case members infringe any right, honors, credits, or legitimate profit of ‘the company’, other ‘members’ or third parties, or commit an offense against Korean laws or public order and good morals B. In case members conduct any actions to promote distrust with any unconfirmed facts for ‘goods, etc.’ sold by ‘the company’ C. In case members conduct actions or try to interrupt smooth operation of ‘services’ provided by the company D. In case it is determined that refusal of providing 'services is necessary based on reasonable judgment of ‘the company’.

  2. The agreement of use will be terminated when ‘the company’ notifies the ‘member’ of the intention of termination. In this case, ‘the company’ notifies the intention of termination to the ‘member’ through email, telephone, or other methods registered by ‘member’.

③ If the agreement of use is terminated/canceled, the following information will be deleted, and not restored when signing up again.

  1. My profile information: Phone number, profile picture, name, message and etc.

  2. Account: FanArcade account (email address)

  3. Message: Conversations, contents given to/received from friends

  4. Contents related to Optional Service: Conversation, contents, etc. provided by the Optional Service.

  5. All other information saved in devices by users

④ If the agreement of use is terminated for the responsibility of any party, the party in responsibility must compensate for damage proved by the other party.

Article 19 (Restriction on use, etc.)

① If any ‘members’ do not ‘services’ for more than one year, the company’ shall separately store the information of the members and converts the accounts into inactive accounts to restrict the use, or withdraw the users who do not use FanArcade account’ pursuant to the Act on Promotion of Information and Communications Network Utilization ② ‘The company’ may restrict usage of ‘service’ by steps such as warning, temporary suspension, and permanent suspension if ‘members’ fall under any of the following cases.

  1. In case false information is registered when applying for membership

  2. In case a member undermines the order of electronic commerce by interrupting others to use the ‘services’ or illegally using information, etc. 3. In case a member uses ‘the company’ to conduct actions prohibited by these terms and conditions or commits an offense against public order and good morals

③ Despite the preceding paragraph, ‘the company’ may suspend accounts permanently if the company founds illegal use of other’s names and payment information that violates the Resident Registration Act, or illegal communication, hacking, or distribution of malicious programs that violate the copyright Act and the Act on Promotion of Information and Communications Network Utilization. If any accounts are permanently suspended according to this paragraph, all kinds of benefits also disappear, and ‘the company’ will not compensate this separately. ④ If names used in the ‘services’ by ‘members’ cause an offense against public morals or traditional custom or it may be restricted. ⑤ If using the ‘services’ are permanently suspended according to this Article, the registration of membership will be erased after retaining information necessary to identify members for a certain retention period. In this case, ‘members’ will be notified according to Article 9, and given an opportunity to explain before erasing the registration of membership. At this time, if ‘the company’ accepts that such objections raised by the ‘members’ are reasonable, ‘the company’ shall resume the ‘members’ to use the ‘services’ again.

Article 20 (Limitation of Liability)

① If ‘the company’ cannot provide the ‘services’ due to any force majeure such as war, incident, emergency, or any technical defect not soluble by current technology, it is exempted from liability. ② ‘The company’ disclaims any responsibilities on reliability and accuracy of the information, material, and fact posted in relation to the ‘services’. ③ ‘The company’ is exempted from liability on the transactions between ‘members’ or between ‘members’ and any third parties through the ‘services’. ④ ‘The company’ disclaims responsibility for the usage of free ‘services’ unless otherwise related laws specify special regulations. ⑤ ‘The company’ has no obligation to monitor the contents and quality of products or goofs advertised through service screens or linked websites by third parties. ⑥ ‘The company’ and the officers and employees, and agents of ‘the company’ disclaims any responsibilities for the following damages.

  1. Damages from false or inaccurate information about ‘members’

  2. Personal damage occurred from the connection to ‘services’ and usage of the ‘services’ regardless of the nature or details

  3. Damage occurred from any kind of illegal connection or usage of server by any third parties

  4. Damages occurred from all kinds of illegal interruption or discontinuing activities by third parties against transmission to or from the server

  5. Damages occurred from all kinds of viruses, spyware, and other malicious programs illegally transmitted, distributed(regardless of whether it is direct/undirect) through the ‘services’ by third parties

  6. Damages occurred from error, omission, missing, or destruction of transferred data

  7. Various civil/criminal liabilities incurred from defamation of character or other illegal activities between ‘members’ in the course of registering or using the ‘services’

Article 21 (Overseas usage)

The company does not guarantee the quality or availability of ‘services’ if any members try to use the ‘services’ out of the territory of Korea, they shall determine whether to use the services or not upon their judgment and responsibilities. In particular, the ‘members’ shall be responsible for observing local laws and regulations in the course of the ‘services’.

Article 22 (governing Laws and Jurisdiction)

These terms and conditions are regulated and interpreted by Korean laws, and if any disputes regarding these ‘services’ occur between ‘the company’ and ‘members’ and it turns into a lawsuit, the court designated in the procedure pursuant to related laws will take jurisdiction.

Article 23 (Relationship between the connected “Company” and the connected “Company(Shop mall”)

① If the upper “Company” and the lower “Company(Shop mall)” are linked by a hyperlink (eg, the hyperlink includes text, pictures, and moving images), the former is called the “Company” and the latter the connected “Company(Shop mall)” (website) is called.

② If the connected “Company” indicates that the connected “Company(shop mall)” is not responsible for guarantees for transactions performed with users by the goods independently provided by the connected “Company(Shop mall)”, either on the initial screen of the connected “Company(Shop mall)" on the pop-up screen at the time of connection. We are not responsible for any warranty for that transaction.


Personal Information Collection and Usage (Required)

Division

​Items

​Purpose of collection and use

​Retention and usage period

​Membership Registration

E-mail address, password, profile information (nickname, profile picture)

​- User identification, member management and service use - Prevention of illegal use of services - Identification process according to membership service

Upon withdrawal from membership

Membership Registration

E-mail address

- Member benefits, changes to terms and conditions, delivery of notices, handling of inquiries/consultations and complaints

​Upon withdrawal from membership


You have the right not to agree to the collection and use of essential items, but if you don’t agree, you will not be able to sign up for membership.

Personal Information Collection and Usage (Required) – 1:1 inquiry

E-mail addresses are collected for members’ inquires/consultations and complaints, and will be destroyed one month after membership withdrawal. If you don’t agree, inquires/ consultations will not be accepted.



By selection [Agree] below, you agree to the optional collection of personal information.


1. Items of personal information we collect

Location of residence, date of birth, gender

2. Purpose of collection and use of personal information

- Customer information analysis, information guidance, and related marketing activities to provide customized benefits.

3. Retention period of personal information

- Destroy immediately after withdrawal of consent or upon withdrawal of membership

[In case of separate storage according to internal standards]


Users have the right to refuse to consent to the collection and use of the above personal information, and in case of refusal, the use of some functions of the service may be restricted.

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