SMTOWN

Article 1 (Purpose)

The purpose of these terms and conditions is to set forth the terms and conditions under which SM Entertainment Co., Ltd. (hereinafter, referred to as “Company”) provides the membership service and members use the service after joining membership through a given procedure and stipulate other requirements.

Article 2 (Effect of Terms and Conditions)

1. ①These terms and conditions become effective as they are presented on the service screen or notified to the Member through e-mail or other possible methods in accordance with Article 32 of the Telecommunications Business Act.
2. ②The Company may change these terms and conditions, and the revised terms and conditions will become effective as they are announced or notified.

Article 3 (Other Related Laws and Regulations)

Facts which are not mentioned in the terms and conditions hereunder shall follow the Framework Act on Telecommunications and other related laws.

Article 4 (Definitions)

Definitions of terms used in the terms and conditions are as follows.

1. ①Member: Customer who signed the Membership Contract with Company and customer who signed up for membership through homepage
2. ②ID (E-mail): E-mail address applied for when signing up for membership
3. ③Password: A combination of a word that the Member created in order to protect his or her information

   Individual services of MUSIC NATION SMTOWN

   Service Providing Brand	Service Homepage
   SMTOWN	www.smtown.com
   SMTOWNnow	now.smtown.com
   EXO-L	exo-l.smtown.com
   MUSIC NATION SMTOWN	membership.smtown.com
   SMTOWN@coexartium	www.smtownland.com

Article 5 (Membership Sign-up Procedure, Consent of Company, Conclusion of Terms and Conditions)

1. ①Membership application is made by filling up the online application form.
2. ②The Company approves the membership application when the applicant applies for membership by accurately providing the required information on the application form in Paragraph 1. However, the Company may defer its approval of the application in each of the following cases.
   1. 1.Technical difficulties in approving the application;
   2. 2.If the applicant used unreal name or another person’s name;
   3. 3.If the applicant provided false information for the required information when signing up for membership;
   4. 4.If the applicant has the intention of harm the peace, order, or good customs of the society;
   5. 5.If the applicant does not satisfy the conditions for application set forth by the Company;
   6. 6.If the applicant had lost the membership status previously by these terms and conditions; however, not if the Company approved the Member’s membership application among the Members whose membership was revoked at least one year ago; and
   7. 7.If the Company has sufficient reasons to defer the approval of the application.
3. ③In the event the user presses “Join” through the registration procedure, the user is deemed to have agreed with these terms and conditions.

Article 6 (Contents of Service)

The Company provides the Member using overall facilities of the Company with services including discounts, and details of the service will be posted separately on the homepage.

Article 7 (Obligations of Company)

The Company does not disclose the personal information of the Member obtained in relation to the services provided to the third party without the Member’s consent. However, this does not apply if requested by a national agency in accordance with the provisions under related laws such as the Telecommunications Business Act, if required by criminal investigation, if requested by Korea Internet Safety Commission, or if requested through due process of related laws.

Article 8 (Obligations for Management of Member’s ID and Password)

1. ①The Member shoulders all responsibilities for the management of ID (e-mail) and password.
2. ②The Member shoulders all responsibilities for the consequences of neglecting the management of the ID (e-mail) given to the Member and the password and of illegal use.
3. ③In the event the ID (e-mail) is used illegally, the Member shall immediately notify the Company of the illegal use.

Article 9 (Change of Member’s Information)

1. ①The Member may peruse and change his or her own personal information. However, personal information such as real name cannot be changed for the management of services.
2. ②In the event the information provided when signing up for membership changes, the Member shall reflect the change online.
3. ③The Company is not responsible for any possible disadvantage arising from the failure to notify the company of changes in Member’s information.

Article 10 (Obligations of Member)

1. ①The Member shall observe matters notified by the Company such as related laws, provisions under these terms and conditions, user guide, and cautions and shall not engage in any act that disturbs the Company’s operation.
2. ②The Member shall not engage in any profit making activity using the services of the Company without prior consent of the Company.
3. ③The Member shall not use the information obtained through the use of Company’s services in the form of copying, reproducing, modifying, translating, publishing, or broadcasting the information or other ways or provide it to the third party without prior consent of the Company.
4. ④The Member shall not engage in any of the following activity in relation to the use of Company’s service.
   1. A.Illegal use of another Member’s ID (e-mail)
   2. B.Any act intended for a criminal act or other acts related with a criminal act
   3. C.Any act that harms good custom or other social order
   4. D.Defamation of character or humiliation
   5. E.Any act of infringing another person’s rights such as intellectual property
   6. F.Any act of hacking or spread of computer virus
   7. G.Any act of transmitting contents intended for advertisement against the will of another person
   8. H.Any act that disturbs or possibly disturb stable operation of the services
   9. I.Any act of providing the mobile telephone number registered under another person’s name as a part of the Member’s personal information or providing his or her own mobile telephone number to be registered as a part of another person’s personal information
   10. J.Any act breaching other related laws

Article 11 (Provision of Information and Posting of Advertisement)

1. ①The Company may provide its Members with a variety of information by posting it on the website or by other means in operating its services.
2. ②The Company may post advertisement and so forth through website, e-mail, and SMS in relation to the operation of its services.

Article 12 (Commissioning of the Management of the Personal Information)

In principle, the Company shall handle and manage the collected personal information. However, if necessary, such can be commissioned to subcontractors in whole or in part, and the details of the subcontractors can be found in the ‘Privacy Policy’ section of the Company service homepage.

Article 13 (Suspension of Service Provision)

The Company may suspend the service provision in one of the following cases.

1. ①If it is inevitable for the repair and maintenance of service;
2. ②If the key telecommunications service operator specified in the Telecommunications Business Act suspends the telecommunications services; and
3. ③If there are reasons for which the Company cannot provide the service.

Article 14 (Deletion of Postings and Contents)

The Company may delete the postings or contents of the service without prior notice or consent if such postings and contents breach the provisions under Article 10 or are expired according to Company’s policy on the retention period for postings and contents.

Article 15 (Rights and Responsibilities Relating to Contents Posted)

The Member who posted contents holds absolute rights and responsibilities for the contents including the copyright.

Article 16 (Termination of Use Agreement and Restriction of Use)

1. ①In the event a Member wishes to terminate the Use Agreement, the person himself or herself shall request the Company for termination until one day before the intended date of termination through the website service (two days before the holiday begins if the intended date of termination is a legal holiday).
2. ②The Company may terminate the Service Use Agreement if the Member violates Article 10 or other provisions under these terms and conditions and does not remedy faults.
3. ③In the event the Member violates his or her obligations under these terms and conditions or disturbed the normal operation of services, the Company may restrict the use of services by the Member gradually from warning to temporary suspension, and permanent suspension.

Article 17 (Compensation Relating to Free Services)

The Company shall not be held responsible for any damage made to its member regarding the services provided for free unless the damage is attributed to the material fault of the Company.

Article 18 (Exemption and Compensation)

1. ①The Company shall not be held responsible for the contents of the information, data, and facts posted by its member and the accuracy and reliability of such, and the Member shall use services under his or her own responsibility and shall be held fully responsible for damages incurring from the data he or she posted or transmitted and for any disadvantage arising from the selection of the data and the use of services.
2. ②The Company shall not be held responsible for any transaction of items using the services between Members or between the Member and the third party in breach of the provisions under Article 10 also for the benefits expected in relation to Member’s use of services.
3. ③Each Member is fully responsible for all damages incurring from the negligence in managing and using his or her Member ID (e-mail) and password or their illegal use by a third person.
4. ④In the event that the Company is held responsible for the Member or the third party due to the Member’s breach of Article 10 and other provisions under these terms and conditions and that the Company receives damages therefrom, the Member who violated these terms and conditions shall fully indemnify the Company for all damages caused thereof and exempt the Company from all damages.

Article 19 (Limitation on Liabilities)

1. ①The Company is exempted from the responsibilities to provide services if it is unable to provide them due to natural disasters or other uncontrollable events.
2. ②The Company shall not be held responsible for the troubles in using services attributed to the member’s fault.
3. ③The Company shall not be held responsible for the reliability and accuracy of the information, data, and facts that the member posted in relation to the Company’s services.
4. ④The Company is exempted from any responsibility for the transactions made between members or between the member and the third party using the Company’s services.
5. ⑤The Company shall not be held responsible for the use of services provided for free unless otherwise specified by special clauses under related laws.

Article 20 (Governing Law and Jurisdiction)

1. ①Any litigation filed between Company and Member shall be governed by the laws of the Republic of Korea.
2. ②Any litigations arising from the dispute between Company and Member shall be filed to the competent court according to the Civil Procedure Act.

Addendum

1. ①These terms and conditions are effective from October 12, 2016.