TUNEGEM Terms of ServiceGeneral regulations - all users
1. Your Relationship With UsWelcome to Tunegem App(the “Platform”), which is provided by K-pop Factory CO., Ltd. (hereinafter referred to as "KPF").
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the platform and our related websites, services, applications, products and content (collectively, the “Services”). For purposes of these terms, “you” and “your” means you as the user of the services. Our services are provided for private, non-commercial use.
The terms form a legally binding agreement between you and us. Please take the time to read them carefully.
Additional terms and conditions shall become effective once you agree to them and send the relevant service use request to our service department. In the event of a conflict between the provisions from your jurisdiction and the remaining provisions of this agreement – provisions from your jurisdiction take precedence. If you do not agree to the additional terms and conditions, you can not access or use this service.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these terms and that you agree to these terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You understand and agree that we will treat your access or use of the services as acceptance of the terms from that point onwards. If you do not agree to these terms, you cannot access or use our services.
You should print off or save a local copy of the terms for your records.
3. Changes to the TermsThe terms may be amended occasionally to the extent that it does not violate relevant laws and regulations, for instance when we update the functionality of our services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. If KPF changes this agreement, it shall specify the date and reason for the modification, and a notification will appear during the initialization of this platform no later than 7 days before the date of application. In the event of significant or adverse changes to these terms and conditions, KPF shall provide prior notice to the user with reasonable effort. The amended terms and conditions shall take effect no earlier than 30 days after notice has been given. However, changes to new functions of services that improve your convenience or changes due to legal reasons may be implemented immediately.
If you do not explicitly express your refusal to the announced changes of the terms and conditions within the above period, it will automatically be assumed that you agree to the changes.
You should look at the terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these terms, which reflect the effective date of such terms. Your continued access or use of the services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using the services.
4. Your Account with UsTo access or use some of our services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at email@example.com.
You agree that you are solely responsible (to us and others) for the activity that occurs under your account. (Except for cases caused by intentional or gross negligence of the Tunegem app.) We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our services and would like to delete your account, press "Delete Account" in the "My Account" menu under the settings tab. Once you delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
5. TerminationWe reserve the right to temporarily or permanently suspend or terminate your user account or impose limits on or restrict your access to parts or all of the Services with or without notice at any time for any or no reason including:
- if the content you upload is included in any of these cases :
glorification or justification of crimes, violence, juvenile delinquency, etc, containing harmful content that can expose juveniles to threatening behavior, any video that exposes juveniles to sexualized content and violent content, violent content, use of swear words, slurs, or other coarse languages, use of aggressive or shameful expressions, use or horror sound effects that create a disturbing atmosphere, consumption of alcohol, tobacco, e-cigarettes, etc, the use of illegal drugs of the misuse of other harmful substances, any dangerous activity that can be imitated, the use of weaponry, etc. is exposed, words or actions that depict suicide, school violence, bullying, juvenile delinquency, criminal technology or illegal activities, words or actions that depict physical violence, abuse, murder, etc., discriminatory language, actions, or symbols that promote hate against any gender, race, religion, sexual orientation, etc.
- if we reasonably believe you violate, or we have objective grounds to reasonably believe you are about to violate, the Terms, including any incorporated agreements, policies, or any applicable laws or regulations;
- if activities occur on your account which, in our sole discretion, would or might cause damage to or impair us or our Services or infringe or violate any third party rights (including intellectual property rights);
- in response to requests by law enforcement or other government agencies under valid legal process;
- due to unexpected technical or security issues or problems; or
- if there are extended periods of inactivity in your account.
If we permanently suspend or terminate your user account, we will notify you in advance in order to allow you time to access and save your information and content unless we have reason to believe that continued access to your account will cause damage to us or our Services, or violate requests by law enforcement or other government agencies, applicable laws or regulations or third party rights.
Subject to any statutory rights you might have, if your account is temporarily or permanently suspended or terminated, access to your username, password, and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should make backups of any content you value.
If you no longer want to use our Services, you can request the deletion of your account through the functionalities provided on the Platform. You can also contact us at: firstname.lastname@example.org. We will provide you with further assistance and guide you through the process of the deletion of your account. Please be aware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
6. Your Access to and Use of Our ServicesYour access to and use of the services is subject to these terms and all applicable laws and regulations. You may not:
- access or use the services if you are not fully able and legally competent to agree to these terms or are authorized to use the services by your parent or legal guardian;
- make unauthorized copies modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the services or any content included therein, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
- distribute, license, transfer, or sell, in whole or in part, any of the services or any derivative works thereof
- market, rent or lease the services for a fee or charge, or use the services to advertise or perform any commercial solicitation;
- use the services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- interfere with or attempt to interfere with the proper working of the services, disrupt our website or any networks connected to the services, or bypass any measures we may use to prevent or restrict access to the services;
- incorporate the services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts, or limit access to the Services at our sole discretion;
- use automated scripts to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the services;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- use or attempt to use another’s account, service, or system without authorization from KPF, or create a false identity on the services;
- use the services in a manner that may create a conflict of interest or undermine the purposes of the services, such as trading reviews with other users or writing or soliciting fake reviews;
- use the services to upload, transmit, distribute, store or otherwise make available in any way
- files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
- any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
- any private information of any third party, including addresses, phone numbers, email addresses, number, and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
- any material which does or may infringe any copyright, trademark, or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful, or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities, or self-harm;
- any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass, or upset people;
- any material that contains a threat of any kind, including threats of physical violence;
- any material that is racist or discriminatory, including discrimination based on someone’s race, religion, age, gender, disability, or sexuality;
- material that, in the sole judgment of KPF, is objectionable or which restricts or inhibits any other person from using the services, or which may expose the platform, the services, or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these terms, or otherwise harmful to the services or our users. Unless the content is offensive or inappropriate, or otherwise deemed harmful to this service and its users, we will not delete or block your legal grounds to access it.
Our automated systems can analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
7. Virtual Items (GEM)You can only buy virtual GEM (“GEM”) with monetary value if you are aged 15(or the age of majority in your jurisdiction) or older. The price of GEM will be displayed at the point of purchase with a pop-up. All charges and payments for GEM will be made as a fixed fee, which is irrelevant to the currency. You will be responsible for the payment of any GEM you purchase. Once your purchase has been completed, your user account will be credited with the appropriate number of GEM. GEM can be used to purchase the TUNEGEM premium report services. GEM cannot be exchanged for cash or any other form of credit. GEM can only be used on the platform as part of our services. To inquire about a refund, please contact the app store where the in-app payment was made.
8. Payment TermsIf a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact email@example.com or the app store where the in-app payment was made.
9. Intellectual Property RightsWe respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the services, you agree not to violate or infringe someone else’s copyrights. We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access if in our sole opinion to the account that violates or potentially violates the intellectual property rights of any person, or any copyrights.
10. ContentA. Tunegem Content
As between you and KPF, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on the services, and all intellectual property rights related thereto (the “Tunegem Content”), are either owned or licensed by KPF, it being understood that you or your licensors will own any user content (as defined below) you upload or transmit through the services. Use of the Tunegem content or materials on the services for any purpose not expressly permitted by these terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and GEM, etc. except as specifically permitted by us in these terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any user content (defined below) or your use of any musical works or audiovisual clips or others made available to you on or through the services, including in any user content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any user content within the Services or on any third party service ( e.g., you cannot claim User content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the services, including to download the platform on a permitted device, and to access the Tunegem content solely for your personal, non-commercial use through your use of the services and solely in compliance with these terms. KPF reserves all rights not expressly granted herein in the services and the Tunegem content. You acknowledge and agree that KPF may terminate this license at any time for any reason or no reason. You acknowledge and agree that when you view content provided by others on the services, you are doing so at your own risk. The content on our services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content of our services.
We make no representations, warranties, or guarantees, whether express or implied, that any Tunegem content (including user content) is accurate, complete, or up to date. Where our services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the services (including user content).
B. User-Generated Content
Users of the service may be permitted to upload, post, or transmit (such as via a stream) or otherwise make available content through the service including any text, photographs, user videos, and the musical works embodied therein. This includes videos that incorporate locally stored voice, music sources, demonstrations, ambient noise, user content, etc. from your music library. Users of the service may also produce additional user content, including collaborative content created with other users. They may also extract user content produced by other users to the extent permitted by this service. Users of the services may also overlay music, graphics, stickers, virtual Items, and other elements provided by KPF(“Tunegem Elements”) onto this user content and transmit this user content through the services on the platform. The information and materials posted by other users on the services (including through the use of the GEM) and user content that includes Tunegem Elements have not been verified, approved, or do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit user content through the services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your user content, including user content that includes Tunegem elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any user content will be considered non-confidential and non-proprietary. You must not post any user content on or through the services or transmit to us any user content that you consider to be confidential or proprietary. When you submit user content through the services, you agree and represent that you own that user content or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the services, to transmit it from the services to other third party platforms, and/or adopt any third-party content.
You or the owner of your user content still own the copyright in user content sent to us, but by submitting user content via the services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the services and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your user content in any format and on any platform, either now known or hereinafter invented. To the extent permitted by law, to provide services, and to improve and promote the platform, we may use, modify, adapt, duplicate, publish, and/or transmit user content. Other users of the services and other third parties may use, modify, adapt, duplicate, publish and/or transmit the above content when in accord with our licensing agreements for the same reason of preceding purpose above.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your user content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this section include, but are not limited to, the right to reproduce voice, performances, music source, mechanical reproduction, etc. that are contained in user content all on a royalty-free basis. This means that you are granting us the right to use your user content without the obligation to pay royalties to any third party, including, but not limited to the related copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), RPO(e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of user content.
Specific Rules for Musical Works and Recording Artists.
If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these terms in your user content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must grant the royalty-free license(s) outlined in these terms to your content or obtain the consent of such music publisher regarding binding these terms. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the services complies with any contractual obligations you may have to your record label, including if you create any new recordings through the services that may be claimed by your label.
All of the rights you grant in your user content in these terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for user content posted or used on such third party service via the services.
Waiver of Rights to User Content.
By posting user content to or through the services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such user content. You also waive any rights of privacy, publicity, or any other rights of a similar nature in connection with your user content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or concerning any user content you post to or through the services.
We will not disclose your identity to any third party unless specifically permitted by law or with agreement from you. Only, We also have the right to disclose your identity to any third party who is claiming that any user content posted or uploaded by you to our services constitutes a violation of their intellectual property rights or their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our platform and may refuse to cut, edit, or post the user's content if, in our opinion, your post or your user content does not comply with the standard set out at “Your Access to and Use of Our Services” above. Besides, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any user content (i) that we consider violating these terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. We do not guarantee the accuracy, integrity, appropriateness, or quality of any user content, and under no circumstances will we be liable in any way for any user content. You control whether your user content is made publicly available on the services to all other users of the services or only available to people you approve. To restrict access to your user content, you should change the setting.
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties. (Except for cases caused by intentional or gross negligence of the Tunegem app.) If you wish to file a complaint about information or materials uploaded by other users, contact us at firstname.lastname@example.org
KPF takes reasonable measures to expeditiously remove from our services any infringing material that we become aware of. It is KPF’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the services who repeatedly infringe copyrights or intellectual property rights of others.
While our staff is continually working to develop and evaluate our product ideas and features, we take pride in paying close attention to the interests, feedback, comments, and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending feedback to us, you agree that:
KPF has no obligation to review, consider, or implement your feedback, or to return to you all or part of any feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any feedback you send confidentially or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody feedback, whether in whole or in part, and whether as provided or as modified.
11. Due to service changes and outagesKPF may temporarily suspend the provision of this service for repair or replacement if there is a significant failure or communication loss that affects the operation of the information and communication facilities. KPF may also change the details of the service if necessary and may suspend this service to better manage KPF services.
12. Pre-notification of restrictions of service useWe will promptly notify you of any changes that will be made against you (including all delays or restrictions on the use of the service, termination, and deletion of accounts, removal, disapproval, and blocking of content). However, notice may be prohibited for legal reasons or if it is reasonably determined to cause harm to users, third parties, KPF, or its affiliates (e.g. if notification violates an order of law or regulatory authority thus obstructing an investigation.)
13. IndemnityYou agree to defend, indemnify, and hold harmless KPFand each of KPF’s respective officers, directors, employees, agents, and advisors from all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these terms or arising out of a breach of your obligations, representation, and warranties under these Terms.
14. EXCLUSION OF WARRANTIESNOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU CONCERNING THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES, OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
15. LIMITATION OF LIABILITYNOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
- (I)ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II)ANY LOSS OF GOODWILL; (III)ANY LOSS OF OPPORTUNITY; (IV)ANY LOSS OF DATA SUFFERED BY YOU; OR (V)INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO KPF IN CONNECTION WITH THIS SERVICE FROM THE LAST 12 MONTHS.
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT, AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
16. Other Termsa. Relevant laws and jurisdictions.
These terms and conditions shall be governed by the laws of the Republic of Korea, and the Seoul Central District Court shall be the jurisdictional court of the first trial for disputes between you and KPF.
b. Entire Agreement.
These terms constitute the whole legal agreement between you and KPF and govern your use of the services and completely replace any prior agreements between you and KPFin relation to the services.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
d. Age limit.
This service is only for people over 14 years of age. By using this service, you confirm that you are at or above 14 years of age. If you are between the ages of 14 and 19, you must have obtained consent from your parents or guardians to use the service or to subscribe to and create an account for the service. If we find out that a person under the age of 14 is using this service, we will terminate the account of the user concerned.
The SHARELINE(Home feed) video sharing function for users under the age of 16 is set to ‘off’ to protect their personal information. In other words, users under the age of 16 can use the Vocal Analysis Assessment Service on this platform, but others cannot follow or view the personal information of users under the age of 16. Users under the age of 16 can obtain parental consent in order to turn on this function.
e. No Waiver.
Our failure to insist upon or enforce any provision of these terms shall not be construed as a waiver of any provision or right.
We do not guarantee that our services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our services. You should use your own virus protection software.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms, and the remaining provisions of the terms will continue to be valid and enforceable.