KKBOX ONE 利用規約

KKBOXONE (hereinafter referred to as the "Product") is a subscription-based service product under the KKBOX services, operated and provided by a specific entity (as specified in Section 11 of these Terms, hereinafter referred to as the "Company") pursuant to these "KKBOXONE Terms of Use" (hereinafter referred to as these "Terms").

By accessing and/or using the Product, you are deemed to have read, understood, and agreed to all the terms and conditions herein, which constitute a legally binding agreement between you and the Company. If you do not agree to be bound by any of the terms in the Terms, please do not use the Product.

The Product is intended solely for KKBOX members and is not intended for children. If you are a minor, both you and your parents (or guardians) must comply with these Terms. You may download or use the Product only after your parent or legal guardian has read, understood, and agreed to all the terms and conditions herein. If you continue accessing and/or using the Product after these Terms have been modified, it is deemed that you and your parents (or guardians) have read, understood, and agreed to accept the revised Terms.

Section 1. Definitions

1. Product: means the subscription-based service product provided by the Company via website and mobile applications ("App"). Currently, the Product is categorized into the following two types based on target audience and content (functions and benefits shall be subject to what is actually made available on the platform):
   1. FANKLUB: means an online space designated for interaction between artists and fans. Members may join the FANKLUB of their preferred artists to browse free content at no cost, or purchase the "Super Fan" status to enjoy exclusive interactive features and benefits.
   2. BRANDKLUB: means an online space designated for partner brands to interact with members and provide benefits. Members may purchase the "Brand Member" status to enjoy exclusive interactive features and benefits.
   
   The Product may encompass various service types, and you agree that the Company has the right to add, delete, or update such services, and that any changes to the services will not affect the agreement between you and the Company under these Terms.
2. User: means any natural person, legal entity, or other organization that browses, accesses, or uses the Product, regardless of whether they have completed the registration of membership.
3. Member: means a User who has completed the membership registration process.
4. Member Account: means the online account issued by the Company to identify your member identity after you have provided the required information in accordance with the procedures designated by KKBOX and completed the registration.
5. Member Content: means any information, communications, merchandise, text, photographs, videos, pictures, music, audio recordings, and/or other items created, provided, or transmitted by the Member through the Product, whether tangible or intangible.
6. Artist: means an individual or entity that has entered into a FANKLUB cooperation agreement with the Company.
7. Artist Content: means any games, information, communications, merchandise, text, photos, videos, pictures, music, audio recordings, and/or other items provided by an Artist through the Product, whether tangible or intangible.
8. Partner Brand: means an individual or entity that has entered into a BRANDKLUB cooperation agreement with the Company.
9. Partner Brand Content: means any games, information, communication, merchandise, text, photos, videos, images, music, audio recordings, and/or other items provided by a Partner Brand through the Product, whether tangible or intangible.
10. Content: means any games, information, communications, products, text, photos, videos, pictures, music, audio recordings and/or other items displayed in the Product, including Member Content, Artist Content, and Partner Brand Content.
11. Additional Terms: means the "KKBOX Terms of Use," the "KKBOX Privacy Policy," and any other terms, policies, or regulations established for the provision of the KKBOXONE services (collectively referred to as "Additional Terms").

Capitalized terms or other specific terms not defined in these Terms shall have the meanings assigned to them in the applicable Additional Terms. In the event of any conflict or inconsistency between the definitions of a term in these Terms and in any Additional Terms, the definition set forth in these Terms shall prevail.

Section 2. Provision of the Product

1. The Company solely acts as a system platform providing the Product. Upon Members' paid acquisition of exclusive status in FANKLUB or BRANDKLUB, any transaction terms, return/exchange policies, or other terms relating to services, merchandise, or benefits provided by the respective Artists or Partner Brands shall be formulated and borne solely by such providing parties. The Company merely provides information display spaces and channels for paid subscription qualifications, and is not the seller or co-seller of such merchandise, nor does the Company act as an agent for any third party in connection with merchandise sales.
2. The Product may contain links to websites, platforms, or services operated by third parties (collectively, "Third-Party Website"). These links are provided for the convenience of Users and Members and may be set up by Partner Brands, advertisers, Artists, or other authorized content providers. Their content, products, services, data collection, or use may not be under the Company's control.
3. You understand and agree that:
   1. If the link requires the Company to transmit your information (whether the information is defined as personal data under the law), the Company will obtain your prior permission. However, when you click the link or purchase a service from a third-party website, you agree and authorize the Company to transmit the information you have requested to such third parties. If you do not agree to said transfer, you should cease using the service immediately and notify the Company.
   2. The legal relationship between you and the third party shall be governed by the terms of use and privacy policy of the Third-Party Website, and shall not involve the Company or these Terms.
   3. The Company does not guarantee the correctness, security, legality, or quality of such third-party websites, nor does it assume any express or implied warranty or liability in respect of the information, products, or services provided by Third-Party Website.
   4. You should assess the risks and consequences of interacting with a Third-Party Website, including but not limited to downloading content, submitting personal information, or conducting transactions.

To protect your rights, the Company recommends that you read the terms of use and privacy policies of Third-Party Websites carefully before accessing them.

Section 3. User Obligations and Responsibilities

In principle, the Product is required to be used with a Member Account; however, some functions or services may be viewed or used without a Member Account. Regardless of whether you possess Member status, when you browse, access, or use the Product, you become a User of the Product and shall be deemed to have agreed to comply with these Terms and all Additional Terms.

1. Obligation to Provide Accurate Information: While registered as a Member, you agree to provide correct, complete, and factual personal information during registration. You may update your information via informed access at any time. The Company is entitled to suspend or terminate your right to use the Product at any time should any information you provided be false, not updated, or contain any misleading content. You shall further be liable for damages incurred by the Company or any other third party in the case that the information you provided is not your own information or incorrect information.
2. Obligation to Safeguard Member Account:
   1. The Member Account is for personal use only, and may only be used to access the Product and Content in accordance with these Terms. You shall not illegally reproduce, distribute, sell, publicly transmit, or otherwise hand over to a third party the Product or Content for their use.
   2. You are obliged to safeguard your Member Account details, passwords, and other relevant information. You shall be liable for any and all acts and/or activities, including all related fees, carried out under your Member Account.
   3. If you discover any unauthorized use or unusual access to your Member Account, you should report it to the Company immediately and protect your personal interests through appropriate legal means. If necessary, the Company will ask you to provide the relevant personal data and have the right to take charge of the account in dispute.
   4. If your negligence or consent to any third parties' use of your Member Account causes unlawful use of such account or passwords and damages to the interests of the Company or other users, you shall be responsible for the relevant legal liabilities and/or compensation for such damages.
   5. The Company authorizes a single set of Member Account credentials to be used on multiple personal devices (e.g., mobile phones, computers, tablets, etc.); provided, however, that login and usage are limited to a single device at any given time. Members may manage device transfers through the mechanism provided by the Company. The Company reserves the right to adjust the management mechanism, transfer frequency limit, and methods thereof.
3. Obligation to Comply with Intellectual Property Rights:
   1. When using the Product, you may browse, transmit, publish, or upload Content therein, including but not limited to text, pictures, photos, links, images, and videos. You warrant that all Content provided by you is your original work, does not infringe upon any third party's intellectual property rights, or has been lawfully authorized, and you shall be responsible for all consequences arising from the Content you transmit, publish, or upload. Except for the limited rights granted under these Terms, you acquire no other rights to the Content by virtue of using the Product.
   2. You grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use any and all Content you provide, including but not limited to reproduction, adaptation, editing, display, publication, distribution, and public transmission. If such Content is published or shared, even if deleted afterward, it shall remain licensed as above, and neither the Company nor any third party shall be obligated to delete it.
   3. The Company may delete Member Content without prior notice should the Company receive a report that such Content infringes the intellectual property rights of others.
   4. The Product is intended solely for personal, non-commercial use. You shall obtain the relevant rights from the Artist, Partner Brands, or Content provider if you intend to use the Product in public or in other public settings. Any unauthorized public use of the Content may result in disputes or legal action, and the User or Member shall indemnify the Company and its affiliates against any liability arising out of such disputes.
   5. The Product is strictly limited to use within the purpose and scope of the subscription service. You may not use any part of the Content to engage in any activity, directly or indirectly, in connection with machine learning, artificial intelligence technology, or related software, methods, programs, or systems, including but not limited to training, development, enhancement, testing, or other applications.
4. Suspension and Termination of Membership:
   1. A membership may be suspended or permanently terminated, and the account permanently disabled or deleted, for the following reasons:
      1. You apply or express an intention not to maintain Member status;
      2. You violate the rules related to the Member Account;
      3. The Company reasonably finds your violation of the law, these Terms, or any Additional Terms, or acts pursuant to instructions from competent authorities;
      4. You fail to complete the verification process after registration; the account remains unused or inactive for a prolonged period, or the Company detects that the Member Account is being used by a third party without your consent, and account ownership cannot be verified.
   2. You acknowledge that the Company may announce or update these Terms at any time, and your Membership rights shall be bound by such updated Terms.
   3. If you voluntarily delete your Member Account, or if the Company deactivates or deletes your Member Account, you will not be able to use the Product in accordance with these Terms; however, the terms under which you have licensed, authorized, represented, warranted, undertaken, or disclaimed under these Terms shall not be affected by such termination.

Section 4 Prohibited Usage

1. When using the Product, you shall comply with these Terms, any applicable Additional Terms, netiquette, and relevant laws and regulations. Pursuant to these Terms or Additional Terms, the Company may take actions against you, your Member status, and Content, including but not limited to: suspending or deleting your Member status, suspending or completely denying all or part of your right to use the Product, and hiding or deleting your Member Content. You further agree that the Company may entrust or authorize third parties (including but not limited to Artists and Partner Brands) to perform such management.
2. When using the Product, you shall not engage in the following acts:
   1. violate the rights and interests of children and teenagers, including but not limited to disseminating sexual images, or assisting or promoting the humiliation, cyberbullying, or harassment of minors;
   2. transmit or publish Content that is abusive, defamatory, harassing, bullying, infringing upon the reputation of others, indecent, pornographic, violent, offensive, discriminatory, hateful, or otherwise contrary to law, public order, or good morals;
   3. publish any regulated professional advice, including but not limited to medical advertisements, medical advice, financial advice or services, or legal advice, without prior written consent of the Company;
   4. post any unauthorized, deceptive, or harmful impersonation, including but not limited to intentionally impersonating another person's name or identity without permission;
   5. transmit or post links to illegal information, including, but not limited to pirated software, illegal file downloads, gun trafficking, prohibited or controlled drugs, false, criminal or other prohibited information, as well as hoax content or computer viruses;
   6. engage in malicious flooding, publish a large number of repeated messages or letters, make disturbing remarks, or abuse the reporting mechanism;
   7. transmit or publish Content or any form of files that infringe upon others' intellectual property rights, such as trademark rights, copyrights, patent rights, or other rights;
   8. disclose personal information (including but not limited to portrait, real name, telephone number, and address) or private information (such as diaries, letters, or personal photos) without the consent of the relevant person;
   9. phish other Member Account passwords;
   10. reproduce, modify, sell, license, transfer, or exploit the Product for any commercial or unlawful purpose; or transmit or publish commercial advertisements, text, links, or pictures without the prior written consent of the Company;
   11. modify, reverse engineer, decode, simplify to a form understandable to the common person, disassemble, or prevent/hinder other users from using the Product, and spread viruses or other programs that may damage the operation of other people's computers;
   12. engage in any activity that may disable, overburden, interfere with, or impair the normal operation, integrity, or appearance of the Product or any other services, systems, or products provided by the Company;
   13. use data mining, robots, or other similar data gathering or retrieval tools to scrape or collect data from the Product;
   14. use the Product or any part of its output to research or develop products, models, or services that compete with the Company, or otherwise compete with the Company;
   15. use any part of the Product as input data for machine learning or AI model training;
   16. make false reports or objections;
   17. any other act that we deem in violation of these Terms, Additional Terms, or other inappropriate acts.
3. The Content you access shall be restricted in accordance with its license and relevant laws and regulations, and shall not infringe upon the rights and interests of any third party. The following acts shall not be carried out:
   1. making unauthorized use of the Content;
   2. uploading or transmitting Content without authorization;
   3. using the Content for news, advertising, or other commercial purposes without the prior written consent of the Company.
4. Member Content must not contain:
   1. the password of your Member Account or another's password known to you;
   2. content that is insulting, defaming, slandering, or otherwise infringes upon the rights and interests of the Company or third parties (including Artists, Partner Brands or any other third parties);
   3. false, incorrect or misleading content;
   4. content that infringes on the copyright, trademark, trade secret, patent, or other proprietary or privacy rights of others;
   5. content that violates public order and morals (including obscenity, sexual innuendo, abuse, vulgarity, violence, or nudity);
   6. content that may cause persistent fear or anxiety in others;
   7. content involving acts prohibited by law (including fraud);
   8. content involving trade secrets or state secrets;
   9. content intended to abet or assist in a crime;
   10. content intended to encourage, abet or assist in self-harm or suicide;
   11. content prohibited by other laws or deemed inappropriate by the Company.

Section 5 Payment Policy

For relevant payment policies, please refer to the link.

Section 6 Intellectual Property Right

1. All Content and technology involved in the Product, including but not limited to system architecture, code, modules, algorithms, interface design, trademarks, trade names, graphic and audio-visual works, databases, documents, and service processes, and their ownership, copyrights, patent rights, trade secrets, and other intellectual property rights, belong to the Company or its licensors. Except as provided by law or with the prior written permission of the Company, you shall not modify, publish, transmit, distribute, reverse engineer, disassemble, or engage in other similar conduct with respect to the Product. You expressly understand that you are licensed to use the Product only as provided by the Company in accordance with these Terms; in addition, the Company does not grant you any rights to the Product or Contents, and if you violate this Section and cause damage to the Company or any third party, you shall be responsible for and compensate for the damages incurred (including but not limited to attorney's fees and litigation costs).
2. By providing Member Content, you grant the Company all the rights necessary for the Product, including but not limited to the rights of reproduction, adaptation, public transmission, distribution, public display and translation. This license shall be perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable.
3. At the same time, you also grant other Users or Members permission to copy, share, and otherwise use your Member Content (e.g., share messages) in any way permitted by the Product. This license shall also be perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable.
4. The aforementioned license includes, but is not limited to, authorizing the Company and its affiliates to use such Content for the purpose of improving service quality, promotion, research, business analysis, algorithm training, internal operations, cross-service integration, or other legitimate business purposes.
5. You agree that the Company may delete your Member Content at any time in accordance with reasonable judgment, and such deletion may be without notice to you. This includes, but is not limited to, cases where your Member Content violates the law, these Terms, Additional Terms, etc. You understand and agree that the Company may retain a copy of any content you delete, and that even if the Company deletes your Member Content, it will not affect the license you granted to the Company.
6. You acknowledge and agree that you may browse, access and use the Product, Artist Content, and Partner Brand Content solely in accordance with these Terms. The Company does not, under or through these Terms, grant or transfer to you any license, right, or assignment, whether paid or unpaid, with respect to the aforementioned Artist Content or Partner Brand Content.

Section 7 Liability

1. The Product is provided on an "as is" and "as available" basis and, to the fullest extent permitted by law, neither the Company nor its affiliates, licensors, suppliers, service providers, nor agents make any warranties of any kind regarding the provision of the Product.
2. In addition, the Company does not guarantee:
   1. the merchantability, quality, or non-infringement of the Product and any goods or services;
   2. any implied warranties arising from the course of dealing, course of performance, or usage of trade;
   3. the non-infringement or legal compliance of content created, published, uploaded, or transmitted by Members or Users (including but not limited to Member Content);
   4. uninterrupted, error-free, or virus-free operation of the Product (including the absence of Trojan horses or other harmful elements);
   5. the safety, security, or non-loss of any content;
   6. the accuracy, reliability, or completeness of the information generated through the Product;
   7. any responsibilities, settings, legality, non-infringement, conduct, or representations of network providers (including but not limited to telecommunications systems, Internet, communication policies and firewall settings), third-party service providers, or other Members or Users;
   8. the quality, defect-free nature, safety, delivery, or after-sales return and exchange obligations of any third-party goods or services displayed, sold, or provided through the Product (including but not limited to the FANKLUB of various Artists or BRANDKLUB of Partner Brands).
3. Except as expressly prohibited by law, you acknowledge and agree that under no circumstances will the Company be liable for: third-party websites; human or systematic errors, omissions, delays and losses that may be contained in the Product (including but not limited to the possibility of accidental loss of data); any consumer disputes, customer service complaints, returns, exchanges, or refund disputes arising from merchandise transactions between you and Artists, Partner Brands, or any third parties (collectively, "Transaction Disputes"); any copyright, intellectual property or other legal disputes involving any content; any losses of any form; and any indirect, special, punitive, incidental, consequential or exemplary damages incurred by you.
4. Unless otherwise required by law or caused by our willful misconduct or gross negligence, you understand and agree that our liability to you for damages arising from your use of the Product shall be limited to the total subscription fee actually paid by you to the Company for the Product in the most recent twelve (12) months before the date of the dispute.
5. Except as otherwise provided in these Terms, you shall be liable to compensate the Company, its affiliates, representatives, employees, principals, agents, or contractors for damages or expenses incurred due to reasons attributable to you, or your violation of these Terms or any Additional Terms.

Section 8 Changes to These Terms

1. To the extent permitted by law, the Company may modify these Terms at any time without prior notice to you, and such updated terms shall constitute a legally binding agreement between you and the Company regarding the Product. If you wish to continue using the Product, you must agree to the updated Terms; your continued use of the Product shall also be deemed as your acceptance of such updated Terms.
2. If you do not agree to the modification of these Terms, you may immediately stop using the Product.
3. You agree to check this page from time to time to ensure you comply with any updates to these Terms.
4. You agree that the Company reserves the right of final interpretation of these Terms and Additional Terms.

Section 9 Modification and Termination of Features

1. The Company reserves the right to modify the content of the Product and its underlying services as necessary.
2. The Company may suspend the provision of the Product if any of our facilities and/or equipment require maintenance, repair, replacement, or malfunction, or for any other commercial reasons.
3. If necessary, the Company may conduct periodic inspections of the provision of the Product and suspend the provision of the Product to you during the periodic inspections.

Section 10 Notice

1. The Company may notify you via announcements, website updates, the email address you provide to the Company, or any other contact method you provided upon member registration. You agree that such notices shall become effective upon dispatch by the Company and shall be deemed immediately served.
2. All notices from you to the Company shall, depending on the specific content, be given through the channels and methods instructed by the Company in order to be deemed legally served and effective.

Section 11 Entity

1. The Product is provided to you by the following entities according to the territory in which you register as a Member. The entity corresponding to your registration territory shall be the "Contracting Entity" and shall be your contracting party under these Terms:
   • Taiwan: KKBOX Taiwan Co., Ltd
   • Hong Kong: KKBOX Hong Kong Limited
   • Japan: KKCompany Japan LLC
   • Singapore: KKBOX International Limited Singapore Branch
2. You understand and agree that, unless otherwise expressly provided in these Terms, the Contracting Entity corresponding to the territory in which you registered as a Member shall be solely responsible for liabilities arising from your use of the Product. Any notice you give to the Company under these Terms shall be directed to the applicable Contracting Entity.
3. However, in addition to the provision and liability of the foregoing features, all Content provided or generated by you via the Product, your access to and use of the Product, and your license, authorization, representation, warranty, undertaking, indemnity, and release of liability under these Terms are made to the Company and its affiliates, associates, partners, and their respective assigns or licensors (collectively, Affiliates).
4. For the avoidance of doubt, any license, authorization, representation, warranty, undertaking, indemnity, or release provided by you under these Terms is intended to benefit the Company and its Affiliates and may be relied upon by them. However, unless otherwise expressly provided in these Terms or required by applicable law, the Contracting Entity corresponding to your registration territory shall be the sole entity responsible for liabilities to you arising from the provision of the Product.

Section 12 Governing Law and Dispute Resolution

1. The interpretation and application of these Terms, as well as any disputes arising out of or related to the use of the Product, shall be governed by the laws of the Republic of China (Taiwan), and the provisions on choice of law in the applicable laws of foreign-related civil laws shall not apply.
2. If you have any dispute with us regarding these Terms, it shall be resolved through good-faith negotiation. If the negotiation fails, you agree that the Taipei District Court of Taiwan shall be the court of first instance. However, if there are other mandatory provisions in law, they shall be handled in accordance with those provisions.

Section 13 Other

1. If any provision of these Terms is deemed invalid for any reason, it will not affect the other provisions.
2. The title of these Terms is for inquiry purposes only and should not be used as a restriction on the interpretation of the contents of these Terms.
3. Depending on the content, behavior, and services you use or provide through the Product, you may be subject to applicable Additional Terms, which we may update from time to time. You agree to review the relevant pages from time to time to ensure that you are aware of the latest applicable terms and specifications. These Terms, together with the applicable Additional Terms, constitute the entire agreement between you and us regarding your use of the Product. In the event of any conflict or inconsistency between these Terms and any Additional Terms, these Terms shall prevail, unless the applicable Additional Terms expressly state that they are intended to prevail over the conflicting provision of these Terms.
4. The Chinese version of these Terms shall be the sole and official version; any other language version is for reference and translation only. All interpretations shall be in accordance with the Chinese version.