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Terms of Use

Kaonmedia Co., Ltd. (the “KAON,” “we” or “our”) grants you access to its website, accessible via www.kaonmedia.com (the “Site”), conditioned on your acceptance of these Terms and Conditions of Use (“Terms of Use”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

For the purposes of these Terms of Use, “Content” means, collectively, any content, including, without limitation any text, software, source code, applications, specifications, images, audio files, articles, and other information or content available through the Site.

You are also subject to the applicable KAON policy on information collected from you through the Site (“Privacy Policy”). KAON reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. USE OF SITE. NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Site is for your noncommercial use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use within your organization in support of KAON’s products and services. No other use of the Content is authorized. You may not(a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site.

2. DISCLAIMER

KAON makes no warranties or representations about the accuracy or completeness of the Content or the content of any site or External Sites (defined below). KAON may change the programs or products mentioned at any time without notice. Mention of non-KAON products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

THIS SITE AND ANY CONTENT, PRODUCTS OR SERVICES PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KAON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KAON DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KAON DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO KAON THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

3. TRADEMARKS

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to KAON or other third parties. You may not display or reproduce the Marks other than with the prior written consent of KAON or such third party which may own the Mark, and you may not remove or otherwise modify any Mark notices from any Content.

4. COPYRIGHTS

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the copyright laws and are the sole property of KAON and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with KAON’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, KAON grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by KAON’s licensors may be subject to additional restrictions.

5. THIRD-PARTY LINKS

This Site may contain links to other sites on the Internet that are owned and operated by third parties other than KAON (the “External Sites”). These linked sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that KAON sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL KAON, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF KAON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH:

• THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, INCLUDING ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE;
• ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE;
• ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
• ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT.

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KAON, its affiliates, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use this Site, or any violation by you of these terms and conditions.

8. APPLICABLE LAWS

Your use of this Site shall be governed in all respects by the laws of Republic of Korea, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the Seoul Central District court located in the Republic of Korea. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. KAON’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. KAON may assign its rights and duties under this Agreement to any party at any time without notice to you.

KAON makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.

9. GENERAL

KAON may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KAON as a result of these Terms of Use, our Privacy Policy or any use of the Site. KAON’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use, or our Privacy Policy is in derogation of KAON’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by KAON with respect to such use. These Terms of Use, and our Privacy Policy constitute the entire agreement between you and KAON with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and KAON with respect to the Site. We may provide notice to you hereunder by posting announcements to the Site.