Terms of Use of Pinkfong Integrated Services
Article 1 (Purpose)
The purpose of these Terms of Use (these “Terms”) is to set forth the rights, obligations and responsibilities of The Pinkfong Company, Inc.(the “Company”) and the Users in connection with the use of Internet-related services, including e-commerce, digital contents and other service provided by the Pinkfong Integrated Services, including Pinkfong Store website/mobile application services, Pinkfong TV mobile application services, Pinkfong Homeschool Play mobile application services, Pinkfong interactive mobile application services, Pinkfong mobile application services, and SEALOOK SHOP website, and Pinkfong Plus Subscription Services (individually the “Pinkfong Service,” and collectively the “Pinkfong Services”) operated by the Company.
Article 2 (Definitions)
The terms used herein shall be defined as follows. Terms not defined herein shall have the meanings ascribed thereto under the relevant laws:
1. Pinkfong Services means the Pinkfong Store website (https://store.pinkfong.com), Pinkfong Store mobile application services, Pinkfong TV mobile application services, Pinkfong Homeschool Play mobile application services, Pinkfong interactive mobile application services, Pinkfong mobile application services, SEALOOK SHOP website, and Pinkfong Plus Subscription Services;
2. User means any person who accesses the Pinkfong Services, consents to these Terms and the Privacy Policy and uses the services provided by the Company;
3. Member means a user who signs up for the Pinkfong Services by accessing the Pinkfong Services operated by the Company and by entering into a service user agreement in accordance with these Terms, and is granted a User ID, and who is continuously provided with information on the Pinkfong Services and can continue using them as provided by the Company;
4. Non-member means a person who uses the services provided by the Company without signing up as Member;
5. ID means email address selected by the Member and approved by, and registered with, the Company for the identification of such Member and his/her use of the Pinkfong Services; and
6. Password means combination of English letters and numbers set by the Member himself/herself and registered with the Pinkfong Services for his/her identification and the protection of his/her rights and interests, and confidentiality.
Article 3 (Stipulation, Explanation, and Amendment of Terms)
1. The Company shall display these Terms on the welcome page of the Pinkfong Services so that the Member can check them at his convenience; provided, however, that the specific terms hereof may be made available to the User linked to another webpage.
2. The Company may amend these Terms to the extent the relevant laws, including the Act on the Regulation of Terms and Conditions, Digital Signature Act and Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., are not violated.
3. If the Company intends to amend these Terms, the effective date and reasons for the amendment shall be specified, and notified at least 7 days prior to the effective date until the day prior to the effective date on the notice section of the Pinkfong Services website, along with the current Terms; provided, however, that if such amendment is unfavorable to the User, the notice thereof shall be made with a grace period of at least 30 days or longer. If any amendment hereof unfavorable to the User is notified with a grace period of less than 30 days, such amendment shall become effective upon 30 days after such notification.
4. If the Company amends these Terms, such amended Terms shall apply only to agreements executed after the effective date thereof, and agreements executed before such date shall be governed by the original Terms; provided, however, that if the User who already executed an agreement sends the Company his/her intention to be governed by the amended Terms within the period of notification thereof under Paragraph 3 of this Article and obtained the Company’s consent thereto, the amended Terms shall apply.
Article 4 (Terms/Conditions of Use on Services)
These Terms shall apply to all Pinkfong Services provided by the Company; provided, however, that the Company may separately establish, and obtain the Member’s consent to, individual terms and conditions of use for each Pinkfong Service provided by the Company according to its details. In this case, for a Pinkfong Service with separate terms and conditions of use to which the Member’s consent was obtained, such terms and conditions shall prevail over these Terms.
Article 5 (Other Rules)
Matters not stipulated herein shall be governed by Guidelines for Consumer Protection in Electronic Commerce, Etc. of the Fair Trade Commission and relevant laws or commercial practices in Korea.
Article 6 (Provision, Modification and Suspension of Pinkfong Service)
1. The Company shall provide the User with services under these Terms and terms on each Pinkfong Service.
2. In the event of any of the following, the Company may modify or suspend the provision of its services:
a. In case of unavoidable reasons such as repair/replacement or failure of service facilities, communication interruption, etc. or during hours prescribed under the Telecommunications Business Act;
b. If the telecommunications business operator suspends telecommunications services;
c. If it is impossible to use services normally due to national emergency, power outage, failure of service facilities, excessive service traffic, etc.; or
d. If the Company gives the Member advance notice as necessary for its release of new programs, etc.
3. If the Company is unable to provide its services due to change of business items, abandonment of business, merger with other companies, etc., it shall give the Member notice thereof.
Article 7 (Establishment of Pinkfong Service User Agreement)
1. The User shall be deemed to have consented to these Terms by reading them and clicking the ‘consent’ button when applying for the service.
2. The user agreement shall be established upon the Company’s acceptance of a prospective user’s application for use of its service after consenting to these Terms.
Article 8 (Signing Up)
1. A Member shall be registered as Member by expressing his/her intention to consent to these Terms, and signing up after filling out his/her personal information according to the form set by the Company.
2. Upon signing up in accordance with the preceding Paragraph, the Company may require the Member to verify his/her identity through a specialized agency.
3. In the event of any of the following, the Company may arbitrarily refuse to recognize the Member registration, or terminate Member rights:
a. If the Company conducts real-name verification procedures and confirms the Member’s name is not his/her real name;
b. If the Member’s ID(email address) is identical with that of an existing Member;
c. If the Member is proved to be a person younger than age 14 or equivalent minimum age in the relevant jurisdiction who registered without his/her legal representative’s consent;
d. If the Member uses an email address in another person’s name or enters false information required for application for use;
e. If the Member applies for re-use within three months after the Company terminates a user agreement with him/her;
f. If the Member attempts to use the service for unlawful purposes or profit;
g. If the Member applies for the service for a purpose that may violate relevant laws or undermine social wellbeing and order or public welfare;
h. If facilities are insufficient due to the Company’s service operation or there is technical failure; provided, however, that the Company may withhold acceptance of use until such event is cured; or
i. If the application for use otherwise violates these Terms or is confirmed to be illegal or improper; or
j. If the application for use fails to meet the requirements set by the Company.
Article 9 (Termination of Pinkfong Service)
1. The User may terminate his/her Pinkfong Service user agreement according to the procedures under these Terms and terms of each Pinkfong Service.
2. If the Pinkfong Service use agreement is terminated, all data on the User, including his/her information and postings, shall be deleted except to the extent the User’s information is kept under relevant laws and the Privacy Policy.
Article 10 (Obligation of Company)
1. The Company shall use its best efforts to provide the Pinkfong Services continuously and stably at a commercially reasonable level under these Terms.
2. The Company shall use its best efforts to ensure the security of the User’s information by always taking administrative/technical safety measures for the User’s personal information, including his/her credit information.
3. The Company shall use its best efforts to maintain order in e-commerce via fair and prudent business operation and shall not engage in any conduct undermining social order and public welfare.
4. The Company may cooperate with a request for materials required to help consumer-activities by consumer-protection organizations and public institutions or under related laws.
Article 11 (Obligation of Member)
1. The Member shall observe these Terms, user guidelines, relevant laws, caution notice on the Pinkfong Service(s), caution notice on individual Pinkfong Service to the Member, etc. and shall not interfere with the Company’s business operation.
2. The Member shall not engage in any of the following conducts. If the Member engages in any of the following conducts, the Company may suspend the provision of the Pinkfong Services or terminate its Pinkfong Service user agreement with the Member:
a. To register false information when applying for, or modifying, membership subscription;
b. To unlawfully use the Pinkfong Services by using another Member’s ID and Password;
c. To use the Pinkfong Services by using another person’s payment information, including account/credit card numbers, without that persons’ permission;
d. To change information published by the Company without authorization, or use for profit or non-profit purposes, or provide to a third party, information obtained from the use of the Pinkfong Services without the Company’s permission;
e. To infringe intellectual property rights of the Company or a third party, including copyright;
f. To damage the reputation, or interrupt business operation, of the Company or a third party;
g. To disclose or publish obscene or violent messages/images/sounds or other information undermining public welfare and social order on the Pinkfong Services; or
h. To engage in any other conduct in violation of relevant law or the Company’s rules.
Article 12 (Protection of Personal Information)
1. The Company shall observe applicable laws, including the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Personal Information Protection Act, to protect the User’s personal information, and shall establish a privacy policy and appoint a chief privacy officer and publish and operate them under relevant laws for the protection and use of personal information.
2. The Company shall not use information provided by the User for any purpose other than the operation of the Pinkfong Services or provide it to a third party without the User’s consent; please refer to our privacy policy for details
Article 13 (Indemnification)
1. The Company shall be exempted from the liability for the provision of the Pinkfong Services if it cannot provide them due to natural disaster or any other similar force majeure event.
2. The Company shall not be liable for a failure to use the Pinkfong Services due to a reason attributable to the User.
3. The Company shall not be liable for lost profits of the User expected from the use of the Pinkfong Services, special/punitive damages for the Pinkfong Services or damages caused by materials obtained via the Pinkfong Services. Furthermore, in no event shall the Company be liable for reasonably unforeseeable losses or damages.
4. The Company shall not be liable for the reliability, accuracy, etc. of information, materials or facts published by the Member.
5. The Company shall not be liable for any transaction, etc. between the Users or between the User and a third party via the Pinkfong Services.
6. The Company shall not be liable for any damage caused by the leakage of the Password due to a reason attributable to the User.
Article 14 (Dispute Resolution)
1. The Company shall operate a help desk to receive reasonable opinions or complaints of the User and compensate for any damage caused thereby.
2. If the Company deems a complaint or problem raised by the User reasonable, it shall address such problem first; provided, however, that if it cannot be addressed promptly, the reason for such failure and a schedule to address it shall be immediately notified to the User.
Article 15 (Governing Law; Jurisdiction)
1. The interpretation hereof and any dispute between the Company and User shall be governed by the Korean law.
2. A lawsuit between the Company and User in connection with the use of the Pinkfong Services shall be filed with a court of competent jurisdiction under the Civil Procedure Act.
Addenda
Article 1 (Effective Date)
These Terms shall enter into force on May 16, 2025 and replace any previous Terms.
(View the previous version of Terms).