1. ACCEPTANCE OF TERMS
Welcome to Kumyoung. Kumyoung("we" and "us", as the case may be) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at Kumyoung Web Site ( www.kumyoung.ph ).
2. DESCRIPTION OF SERVICE
Kumyoung currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, various content and branded programming through its network of properties ( the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Kumyoung to provide the Service. You also understand and agree that the Service is provided "AS-IS" and that Kumyoung assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Kumyoung has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kumyoung has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Kumyoung is concerned about the safety and privacy of all its users.
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Kumyoung, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Kumyoung does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kumyoung be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.Harm minors in any way;
c.Impersonate any person or entity, including, but not limited to, a Kumyoung official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d.Forge header or otherwise manipulate identifiers in order to disguise the origin of ant Content transmitted through the Service;
e.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreement);
f.upload, post, email, transmit or otherwise make available Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Right") of ant party;
g.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as shopping mall ) that are designated for such purpose;
h.upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i.disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j.interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k.intentionally or unintentionally violate any applicable local, national or international law.
l."stalk" or otherwise harass another; or
m.collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
5. Kumyoung PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy.
6. Membership Account, Password and Security
You will receive a password and account designation upon completing the membership registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Kumyoung of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Kumyoung cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Kumyoung shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside.
9. INDEMNITY
You agree to indemnify and hold Kumoung, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Kumyoung ID), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Kumyoung may establish general practices and limits concerning use of the Service. You agree that Kumyoung has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Kumyoung reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Kumyoung reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Kumyoung reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kumyoung shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Kumyoung , in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Kumyoung believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Kumyoung may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Kumyoung may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Kumyoung shall not be liable to you or any third-party for any termination of your access to the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kumyoung has no control over such sites and resources, you acknowledge and agree that Kumyoung is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kumyoung shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. Kumyoung'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Kumyoung or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Kumyoung grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Kumyoung for use in accessing the Service.
16. TRADEMARK INFORMATION
Kumuoung, Kumuoung logo, Kumuoung.com(.net), Kumuoung.ph , the Kumuoung.com(.net) and Kumuoung.ph logo and product and service names are trademarks of Kumyoung Co. Ltd. Without Kumyoung's prior permission, you agree not to display or use in any manner, the Kumyoung Marks.
17. NOTICE
Kumyoung may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Kumyoung and govern your use of the Service, superceding any prior agreements between you and Kumyoung. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Kumyoung shall be governed by the laws of the Philippines without regard to its conflict of law provisions. You and Kumyoung agree to submit to the personal and exclusive jurisdiction of the courts located within Manila, Philippines. The failure of Kumyoung to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
19. COPYRIGHTS and COPYRIGHT AGENTS
Kumyoung respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Kumyoung's Copyright Agent the following information:
1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.a description of where the material that you claim is infringing is located on the site;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Kumyoung's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: sjw@kumyoung.net
20. VIOLATIONS
Please report any violations of the TOS to our Company ( sjw@kumyoung.net ).
