Terms of Service

Effective Date: May 23, 2021

Article 1 (Purpose)

  1. These terms and conditions ("the Agreement") define the rights, obligations, responsibilities, and other necessary matters between “Black Tangerine” (hereinafter “the Company”) and service users in relation to the use of the services provided by the Company.

  2. You agree that the laws of the Republic of Korea shall apply to the use of this service. However, for users residing in the European Union, the United States (California), Brazil, and other jurisdictions with specific legal requirements, the applicable local laws such as GDPR, CCPA, LGPD, and COPPA will also apply in relation to the collection and use of personal data.

  3. The Company’s Privacy Policy governs all information you provide to the Company. By using the service, you agree to the collection, processing, and use of your information in Korea and/or other countries, as described in the Privacy Policy. As part of service provision, the Company may send certain communications, such as service announcements and administrative messages. These communications are considered part of the service and your account, and you may not opt out of receiving them.

Article 2 (Definitions)

The following terms are defined for the purposes of this Agreement. Any terms not defined shall be interpreted according to relevant laws or service-specific guidelines. If not covered by laws or guidelines, general business practices will apply.

  1. Black Tangerine refers to the virtual business place that the Company establishes using computers and other information technology equipment to provide users with goods or services ("Goods"). It also refers to the cyber mall operated by the Company through the Black Tangerine website and app services.

  2. User refers to those who use the services provided by the Company without registering as members (non-members).

  3. Member refers to a user who agrees to this Agreement and uses the services provided by the Company.

  4. Service User refers to both non-members and members.

  5. In-App Currency refers to virtual currency provided by the Company that can be purchased by members according to the terms outlined in this Agreement.

  6. Content refers to various types of digital information provided by members or by Black Tangerine.

  7. Children's Personal Information refers to personal information collected from users under the age of 13 (in the United States, as per COPPA) or under 16 in the European Union, for which parental consent is required under local laws.

Article 3 (Provision and Amendment of Terms)

  1. The Company shall make the contents of this Agreement available to service users via the Company’s website or other appropriate means to ensure that they can easily understand it.

  2. The Company may amend this Agreement within the scope permitted by relevant laws, including but not limited to the GDPR, CCPA, LGPD, COPPA, the Act on the Regulation of Terms and Conditions, and other relevant international regulations.

  3. When amending the Agreement, the Company shall announce the amendment's application date and reason at least 30 days before its effective date. For changes to important provisions regarding the rights or obligations of members, the Company will also notify members via the email addresses registered with their accounts at least 30 days in advance.

  4. If the Company provides notice or notification in accordance with the previous clause and informs the member that failure to express rejection by the effective date will be considered acceptance, the member will be deemed to have agreed to the amended terms if they do not explicitly express their objection.

  5. If a member disagrees with the amended terms, the Company may not apply the amendments to that member, and in such cases, the member may terminate the service use agreement.

  6. By agreeing to this Agreement, members agree to regularly review updates or changes to the Agreement and the Company’s policies via the Company’s website or mobile application. The Company shall not be liable for any damages incurred by members due to their lack of awareness of such changes.

Article 4 (Provision and Modification of Services)

  1. The Company provides the following services:

① Multimedia services
② Advertising services
③ Other tasks determined by the Company

  1. The Company only provides information on Goods for transactions between service users and partner companies. The Company is not responsible for the information provided by the partner companies or for any sales-related activities.

Article 5 (Service Interruption)

  1. The Company may temporarily suspend service provision due to maintenance, replacement, malfunction, or communication disruptions of information and communication equipment such as computers or broadcasting systems.

  2. In the event of a temporary service suspension due to the reasons stated in the previous clause, the Company shall compensate users or third parties for any damages unless the Company can prove that it was not responsible for the event.

  3. If the Company can no longer provide the services due to a change in business operations, a discontinuation, or a merger, the Company shall notify members as specified in Article 8.

Article 6 (Membership Registration)

  1. Users can apply for membership using one of the following methods. However, the Company may establish separate registration methods depending on the service or medium offered.

① Completing the Company’s membership registration form and agreeing to the terms of service
② Other methods as determined by the Company

  1. The Company shall approve membership applications unless one of the following applies:

① The applicant was previously disqualified from membership under Article 7, unless the Company has granted permission for re-registration.
② The registration contains false information, omissions, or errors.
③ The Company deems that technical issues hinder membership registration.

  1. Membership is considered effective once the Company’s approval reaches the applicant.

  2. Members must notify the Company of any changes to their registration information within a reasonable time, using methods such as modifying their account information.

Article 7 (Membership Withdrawal and Disqualification)

  1. Members may request withdrawal from membership at any time, and the Company shall immediately process the withdrawal. However, upon withdrawal, all benefits such as accrued points will be forfeited.
  2. If a member has paid fees related to the services, any refunds will be processed in accordance with applicable laws, including international laws such as GDPR and CCPA.
  3. In the event of service termination or suspension, the Company shall make reasonable efforts to notify members and provide an opportunity to retrieve content. If a group administrator terminates access, users or group members may no longer access content shared within the group or workspaces.
  4. Upon membership withdrawal, member information will be deleted immediately unless otherwise required by law, including GDPR's right to erasure and CCPA’s right to deletion.

Article 8 (Notifications to Members)

  1. The Company may send notices to members via email, mobile SMS, or social media accounts that the member has registered with the Company.

  2. For large-scale notifications to all service users, the Company may post notices on the service platform for at least seven days rather than sending individual notifications. However, the Company will provide individual notice for matters that significantly affect a member’s transaction or account.

Article 9 (Protection of Personal Information)

  1. The Company collects the minimum amount of personal information necessary to provide the services.

  2. The Company does not collect personal information at the time of membership registration, unless required by law.

  3. When collecting, using, or sharing personal information, the Company shall inform users of the purpose and obtain consent in advance, in compliance with GDPR, CCPA, LGPD, and other applicable laws.

  4. Personal information shall only be used or shared within the scope of the specified purpose, and any new purposes or third-party sharing shall also require the user’s consent unless required by law.

  5. Users have the right to access, correct, or delete their personal information, and the Company shall process such requests in compliance with local regulations, such as GDPR’s right to data portability and CCPA’s right to deletion.

  6. The Company is responsible for managing and protecting personal information to prevent loss, theft, or unauthorized access or use.

  7. The Company or third parties receiving personal information shall delete the information once the purpose of collection or sharing is achieved.

  8. The Company will ensure that data subjects under the GDPR, CCPA, and other applicable laws have the right to withdraw consent and opt out of data collection and processing at any time.

Article 10 (Obligations of the Company)

  1. The Company shall not engage in acts that violate the law or public decency and will make its best efforts to provide stable services according to this Agreement.

  2. The Company shall ensure that service users’ personal information is protected through secure systems.

  3. The Company is responsible for compensating users if they suffer damages due to false advertising or other illegal practices by the Company.

  4. The Company shall not send unsolicited advertising messages to users without their consent.

Article 11 (Obligations of Members Regarding IDs and Passwords)

  1. Members are responsible for managing their IDs and passwords.

  2. Members must not allow others to use their IDs or passwords.

  3. If a member discovers that their ID or password has been stolen or used by others, they must immediately notify the Company and follow its instructions.

Article 12 (Obligations of Service Users)

  1. Service users must not engage in the following actions:

① Providing false information during registration or application
② Stealing another person’s information
③ Impersonating Company employees or misusing Company resources
④ Altering information posted by the Company
⑤ Posting unauthorized information or programs
⑥ Infringing on the intellectual property rights of the Company or third parties
⑦ Damaging the reputation or interfering with the business operations of the Company or third parties
⑧ Posting obscene or violent messages, images, or content against public decency
⑨ Posting advertisements or promotional content without the Company’s permission
⑩ Violating the Company’s operational policies
⑪ Using the service for unauthorized commercial purposes
⑫ Engaging in any other illegal activities that violate this Agreement or relevant laws.

  1. The Company is not responsible for the consequences of violations by service users, and if damages are incurred by the Company, users are liable for compensation.

Article 13 (Responsibilities of Members)

  1. Members are responsible for their own use of the services and any content they create or upload. The Company is not liable for claims arising from user-generated content.

  2. Users are responsible for any data charges incurred from using the service, and for any consequences arising from making their content accessible to others.

  3. The Company reserves the right to review, edit, or delete user-generated content at its discretion but has no obligation to do so.

  4. Members retain ownership of their content but grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, distribute, and display such content as part of the service.

Article 14 (Relationship with Partners)

Members may engage in activities with partner companies, but any agreements or disputes with partner companies are the responsibility of the member, and the Company is not liable for resolving such issues.

Article 15 (Restrictions on Transfer of Service Use Rights)

Members may not transfer, assign, or offer their service use rights or obligations to third parties without the Company’s prior consent.

Article 16 (Content Creation Guidelines and Restrictions)

  1. Members agree to follow the Company’s community guidelines, which may be updated from time to time.

  2. The content should meet the following guidelines:

① Images that show fashion items
② Full-body images clearly showing the top and bottom
③ Images where body shape can be recognized
④ Minimum resolution of 375x500 pixels

  1. If a member’s content violates intellectual property rights or relevant laws, the rightful owner may request its removal. The Company will notify the member of such requests.

  2. The Company may take actions, such as holding or deleting content, if it determines the content violates the Agreement or laws.

Article 17 (Member Grades)

The Company may assign different grades to members based on their activities and offer different benefits or services accordingly.

Article 18 (Intellectual Property Rights and Restrictions on Use)

  1. The Company retains ownership of all intellectual property rights related to the content it creates.

  2. Members may not use the Company’s intellectual property for commercial purposes without the Company’s prior consent.

  3. The Company may use or allow partner companies to use content created by members without compensation.

Article 19 (Dispute Resolution)

  1. The Company operates a grievance-handling system to address complaints and compensate users for damages.

  2. The Company shall prioritize handling user complaints but may inform users if a quick resolution is not possible.

Article 20 (Jurisdiction and Governing Law)

  1. Any disputes between the Company and users related to electronic commerce shall be governed by the laws of Korea and the competent court where the user resides, or the Seoul District Court if the user’s residence is unclear or the user lives abroad.

  2. However, for users in the EU, California, Brazil, and other regions with specific legal frameworks, applicable local laws such as the GDPR, CCPA, and LGPD will govern personal data disputes.

Article 21 (In-App Currency System)

  1. In-app currency is accumulated based on usage of the service and may have different validity periods or amounts.

  2. In-app currency cannot be converted into cash and may be revoked if obtained through fraudulent activity.

  3. In-app currency automatically expires after the specified period and cannot be refunded.

  4. In-app currency will be deleted upon membership withdrawal or disqualification.

Article 22 (Prize Distribution)

If the Company distributes prizes, users must request the prize within three months from the date of the prize draw. The Company may specify different notification procedures for prize distribution.

Article 23 (Advertising Content)

  1. Members must label content created with benefits received from partners as "advertising content."

  2. If content is uploaded from a seller/model account, it must be labeled as "advertising content."

  3. Members are responsible for resolving disputes related to advertising labels and are liable for damages to the Company.

Contact: cocon@blacktangerine.kr