Terms of Use (revised – January 4, 2013)

 

1.     Your use of the Kpoplive.me site (hereinafter referred to as “Kpoplive.me”) is subject to the terms and conditions set out in this Terms of Use. Collectively, this legal agreement is referred to below as the “Terms of Use”.

 

2.     In order to use Kpoplive.me, you must first :

a.     register an account with Kpoplive.me; and

b.    agree to these Terms of Use.

You may not otherwise use Kpoplive.me.

3.     You can accept these Terms of Use by actually using Kpoplive.me. In this case, you understand and agree that Kpoplive.me will treat your use of the Kpoplive.me as acceptance of these Terms of Use from that point onwards.

 

4.     You may not use Kpoplive.me and may not accept these Terms of Use if :

a.     you are less than 18 years old or not of legal age (under the laws of the country in which you are resident or from which you use Kpoplive.me ) to form a binding contract with us; or

b.    you are a person barred from receiving Kpoplive.me under the laws of the country in which you are resident or from which you use Kpoplive.me.

5.     We may make changes to these Terms of Use from time to time, without notice to you. You understand and agree that if you use Kpoplive.me after the date on which the revised Terms of Use have been uploaded onto the Kpoplive.me website, we will treat your continued use of Kpoplive.me, as acceptance of the updated Terms of Use.

 

6.     Kpoplive.me is a piece of non-commercial research work which is constantly evolving. You acknowledge and agree that :

a.     the form and nature of Kpoplive.me can change from time to time without prior notice to you; and

b.    we have the sole discretion to stop (permanently or temporarily) providing Kpoplive.me (or any features therein) to you, without prior notice to you.

7.     You agree to use Kpoplive.me only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software).

 

8.     By using Kpoplive.me, you warrant and undertake to us that you will not :

a.     share your account login information with anyone; to allow access and use of Kpoplive.me, nor permit anyone to use your Kpoplive.me account;

b.    use (or attempt to use) Kpoplive.me :

·         by any means other than through the interface that is provided by us, unless you have been specifically and expressly permitted to do so in writing by us; and/or

·         automated means of access (including but not limited to the use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on Kpoplive.me;

c.     engage in any activity that interferes with or disrupts Kpoplive.me;

d.    reproduce, duplicate, copy, sell, trade or resell Kpoplive.me for any purpose.

9.     You further warrant and undertake that you are solely responsible for (and that we will have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

 

10.  By using Kpoplive.me, you acknowledge and agree that certain personal and usage data will be captured and logged and you hereby give your consent to us to share such information with our affiliates and/or licensors for research purposes (such as usage patterns, artiste popularity based on demographics, content recommendation, and user interface design, etc.). You may at anytime, inform us by sending an email through the Kpoplive.me feedback interface, if you do not wish for your personal data to be disclosed accordingly.

 

11.  You understand that all content and/or information (including but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images); referred to below as the “Content”, which you may have access to as part of, or through your use of Kpoplive.me, are the sole responsibility of the person (or webpage) from which such Content originated.

 

12.  You understand that by using Kpoplive.me you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use Kpoplive.me at your own risk.

 

13.  You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using Kpoplive.me and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

 

14.  You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to Kpoplive.me, including any intellectual property rights which subsist in Kpoplive.me (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that Kpoplive.me may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.

 

15.  Nothing in these Terms of Use gives you a right to use any of our trade name(s), trade mark(s), service mark(s), logo(s), domain name(s) and/or other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Kpoplive.me.

 

16.  Kpoplive.me may include hyperlinks to other web sites or content or resources. We may have no control over any web sites or resources which are provided by companies or persons other than us. For avoidance of doubt, Kpoplive.me has no affiliation to any other website(s) that may offer content on Korean pop culture.

 

17.  Unless you have been expressly authorized to do so in writing by us, you agree that in using Kpoplive.me, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

 

18.  You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Kpoplive.me (including any software supplied by us for use with Kpoplive.me, referred to in these Terms of Use as “Software”) or any part thereof.

 

19.  You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

 

20.  The Software which you use may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop Kpoplive.me and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of Kpoplive.me.

 

21.  These Terms of Use will continue to apply until the account which you have registered with Kpoplive.me is terminated :

 

a.     By you, by sending us a termination request via the Kpoplive.me feedback interface;

b.    By us, due to any breach of any warranty which you have given under these Terms of Use and /or any breach of any terms and conditions hereunder; or

c.     due to cessation of the availability of Kpoplive.me.

 

22.  NOTHING IN THESE TERMS OF USE, SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

23.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF Kpoplive.me IS AT YOUR SOLE RISK AND THAT Kpoplive.me IS PROVIDED "AS IS" AND “AS AVAILABLE”. IN NO WAY DO WE (INCLUDING OUR AFFILIATES AND/OR LICENSORS), REPRESENT OR WARRANT TO YOU THAT:

a.     YOUR USE OF Kpoplive.me WILL MEET YOUR REQUIREMENTS,

b.    YOUR USE OF Kpoplive.me WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

c.     ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF Kpoplive.me WILL BE ACCURATE OR RELIABLE, AND

d.    THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF Kpoplive.me WILL BE CORRECTED.

24.  ANY MATERIAL ACCESS AND/OR OBTAINED BY YOU THROUGH THE USE OF Kpoplive.me IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

25.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM Kpoplive.me SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

26.  WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

27.  SUBJECT TO OVERALL PROVISION IN PARAGRAPH 23 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING OUR AFFILIATES AND/OR LICENSORS) SHALL NOT BE LIABLE TO YOU FOR:

a.     ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SEARCH ENGINE, OR OTHER INTANGIBLE LOSS;

b.    ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE 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 Kpoplive.me;

·         ANY CHANGES WHICH WE MAY MAKE TO Kpoplive.me, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF Kpoplive.me (OR ANY FEATURES WITHIN Kpoplive.me); AND/OR

·         THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF Kpoplive.me.

 

28.  OUR LIMITATIONS OF LIABILITY TO YOU AS MENTIONED ABOVE, SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

 

29.  You acknowledge and agree that :

a.     we are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources;

b.    we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources; and

c.     our affiliates and licensors shall be third party beneficiaries to these Terms of Use and that such other legal entities shall be entitled to directly enforce, and rely upon, any provision of these Terms of Use which confers a benefit on (or rights in favor of) them.

30.  No failure or delay by us in exercising any right, power or privilege under this agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any subsequent exercise in law, in equity or otherwise.

 

31.  Except as expressly set out in this legal agreement, a person who is not a party to this agreement, has no right under The Contracts (Rights of Third Parties) Act Cap 53B to enforce any term of this agreement.

 

32.  These Terms of Use, and your relationship with us under these Terms of Use, shall be governed by the laws of Singapore without regard to conflict of laws. Any and all disputes arising from the use Kpoplive.me and/or the Kpoplive.me website shall be resolved by final and binding arbitration in Singapore conducted in the English language, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (‘SIAC Rules’) for the time being in force, which rules are deemed to be incorporated by reference into this Clause. The arbitral tribunal shall consist of one (1) arbitrator determined by us.

 

33.  Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

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