1. Agreement between TVLogic and the User
1.1 In this document:
(a)"We", "us", or "TVLogic" means TVLogic Co., Ltd, whose principal place of business is at 12F, ACE HIGH-END TOWER 8, Gasan-Dong, Geumchoen-Gu, Seoul 153-802, Korea; and
(b)"User" means a user of TVLogic¢¥s product, application, software, services, websites and other related services provided by us or any third party designated by us (collectively and excluding any services provided to such user by us under a separate written agreement) the "Services").
1.2 The User¢¥s use of the Services is subject to the terms and conditions set out below and any other terms and conditions applicable to the User from time to time, including but not limited to, TVLogic¢¥s privacy policy and all other documents referred to in this document (all such terms and conditions collectively constituting the "Agreement").
1.3 The User should read the Agreement carefully. The Agreement is a legally binding agreement between TVLogic and the User in relation to the Services and the User¢¥s use of the Services.
2. Acceptance of Agreement
2.1 The User must accept the terms of the Agreement in order to use the Services, and may not use the Services otherwise.
2.2 Subject to Clause 2.3, the User will accept the terms of the Agreement by clicking to accept or agree to the Agreement via the user interface for the Services.
2.3 Any purported acceptance of the terms of the Agreement by any of the following persons will not be valid, and such persons may not use the Services: (a) any person who is not of legal age to form a binding contract with TVLogic, or (b) any person who is barred from receiving the Services, in each case, under the laws of any country.
3. Translation of the Agreement
The User acknowledges and agrees that any translation of the English language version of the Agreement provided by TVLogic to the User is provided for the User¢¥s convenience only, and that the English language version of the Agreement will take precedence over the translation in the event of any contradiction between them.
4. The Services
4.1 The Services are provided to the User by TVLogic and in some cases, by TVLogic¢¥s subsidiaries on behalf of TVLogic.
4.2 The User acknowledges and agrees that there may be non-material changes to the form and nature of the Services provided from time to time without prior notice to the User.
4.3 The User acknowledges and agrees that TVLogic may (in its sole discretion) suspend or cease providing the Services (or any part of the Services) to a specific User or all Users without prior notice to the User.
4.4 The User acknowledges and agrees that TVLogic may disable the User¢¥s access to the User¢¥s account for the Services, in which case, the User may be prevented from accessing the Services, the User¢¥s account details and any files or other content contained in the User¢¥s account.
4.5 The User acknowledges and agrees that TVLogic may, at any time and in its sole discretion, set a limit on the number of transmissions the User may send or receive through the Services or on the amount of storage space used for the provision of the Services (or any part of them). Without limiting TVLogic¢¥s rights under Clause 4.3 and Clause 4.4, TVLogic may suspend the User¢¥s access to the Services if the User exceeds any such limit.
4.6 The User may stop using the Services at any time without prior notice to TVLogic.
5. Using the Services
5.1 The User agrees to use the Services for personal and non-commercial purposes only and subject to those purposes being permitted by (a) the Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.2 The User must not access (or attempt to access) any of the Services other than through the interface for the Services made available by TVLogic. Without limiting the foregoing, the User must not access (or attempt to access) any of the Services through any automated means (including scripts or web crawlers).
5.3 The User must comply with all instructions made available to the User in connection with the Services.
5.4 The User must not engage in any activity that causes interference with or disruption to the Services or any servers or networks that are connected to the Services.
5.5 The User must not reproduce, duplicate, copy, sell, trade or resell the Services (or any part of them).
5.6 The User is solely responsible for any breach of the User¢¥s obligations under the Agreement and for the consequences of any such breach, including any loss or damage which TVLogic or any third party may suffer. TVLogic will have no responsibility to the User or to any third party in respect of such breach.
5.7 To the extent permitted by law, for any Service that may require consent of the User before such Service is available to the User, the User, by consenting to it, shall be solely responsible for any loss or damage that may raise from using such Service and TVLogic will have no responsibility and liability to the User or to any third party in respect of the use of such Service by the User.
5.8 Some Services may offer location-based services or functionality by collecting, storing, transmitting or processing User location data that the User may provide upon consenting to the use of such Services. The User recognizes that such location-based Services may be inaccurate or incomplete and shall not be used for emergency or life saving purposes. To the extent permitted by law, the User shall be solely responsible for any loss or damage that may raise from using such Services and TVLogic will have no responsibility and liability to the User or to any third party in respect of the use of such Services by the User.
6. Passwords and account security
6.1 The User is responsible for maintaining the confidentiality of the User¢¥s passwords for all accounts used by the User to access the Services. The User acknowledges and agrees that the User is solely responsible to TVLogic for all activities that occur under all such accounts.
6.2 The User must notify TVLogic by email to webmaster@tvlogic.co.kr immediately upon becoming aware of any unauthorized use of any of the User¢¥s passwords or accounts.
7. Registration Data
7.1 The User may be required to provide information about himself or herself in order to access the Services (for example, when registering to use the Service or any part of them), or in the course of using the Services.
7.2 The User agrees to provide accurate, current, and complete information required to register to use the Services and at other points as may be required in the course of using the Services ("Registration Data"). The User further agrees to maintain and update the User¢¥s Registration Data as required to keep it accurate, current, and complete. TVLogic may terminate the User¢¥s rights to any or all of the Services if any information provided by the User is false, inaccurate or incomplete.
7.3 The User agrees to the use of the User¢¥s Registration Data in accordance with TVLogic¢¥s privacy policy. TVLogic¢¥s privacy policy sets out TVLogic¢¥s data protection practices and describes how TVLogic will treat the Registration Data and will protect the User¢¥s privacy when using the Services.
7.4 Upon obtaining consent from the User, TVLogic may disclose the User¢¥s Registration Data to a third party.
8. Content rights
8.1 The User acknowledges that all content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is the sole responsibility of the originator of such Content. Such Content may include content in the form of advertisements or other sponsored Content.
8.2 The User acknowledges and agrees that the Content may be protected by proprietary or intellectual property rights of third parties (such as advertisers and sponsors or their agents who provide such Content to TVLogic). The User must not modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part).
8.3 TVLogic may (but is not obliged to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services.
8.4 The User acknowledges that he or she uses the Services understanding the risk that he or she may find some Content to be offensive, indecent or objectionable.
9. TVLogic¢¥s proprietary rights
9.1 The User acknowledges and agrees that TVLogic (or TVLogic¢¥s licensors) owns all legal right, title and interest in and to the Services, including all intellectual property rights (existing anywhere in the world and whether registered or not) which subsist in the Services.
9.2 The User acknowledges that the Services may contain information which is confidential to TVLogic and agrees not disclose such information without TVLogic¢¥s prior written consent.
9.3 Nothing in the Agreement gives the User any right to use any of TVLogic¢¥s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. To the extent that the User is entitled to such use under a separate written agreement with TVLogic, such use must be in compliance with that agreement, any applicable provisions of the Agreement, and TVLogic's brand feature use guidelines as updated from time to time.
9.4 The User must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which affixed to or contained within the Services.
9.5 The User must not use any trade mark, service mark, trade name, logo of any person in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Advertisements
TVLogic may change the manner, mode and extent of advertising on the Services without providing notice to the User.
11. Third Party Content
11.1 The Services may include links to other websites, content and resources. TVLogic may have no control over such websites, content or resources which are provided by third parties ("Third Party Content").
11.2 The User acknowledges and agrees that TVLogic is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or available via Third Party Content.
11.3 The User acknowledges and agrees that TVLogic is not liable for any loss or damage that may be incurred by the User as a result of the availability of any Third Party Content, or as a result of any reliance placed by the User on the completeness, accuracy or existence of Third Party Content, including any advertising, products or other materials on or available via Third Party Content.
11.4 As a result of, or through using the Services, the User may from time to time use a service, purchase goods, or download a piece of software, which is provided by a third party. The User¢¥s use of such other services, goods or software may be subject to separate terms between the User and the relevant third party. In such case, the Agreement does not affect the User¢¥s legal relationship with that third party.
12. Changes to the Agreement
TVLogic may make changes to the terms of the Agreement from time to time for security, commercial or legal reasons. When these changes are made, the User will be notified separately and will be prompted to consent to or decline the newly revised terms of the Agreement. The User may end this Agreement at any time if he or she does not agree to the amended terms of the Agreement.
13. Termination of the Agreement
13.1 The Agreement will remain in force until terminated by either the User or TVLogic in accordance with this Clause 13.
13.2 The User may terminate this Agreement at any time by (a) providing notice in writing to TVLogic at the address set out in Clause 1; and (b) closing all of the User¢¥s accounts for the Services used by the User, where TVLogic has made this option available to the User.
13.3 TVLogic may terminate this Agreement at any time if:
(a) the User has breached any provision of the Agreement (or has acted in manner which clearly indicates that the User does not intend to, or is not able to comply with the provisions of the Agreement);
(b) TVLogic is required to do so by law (for example, where the provision of the Services to the User is, or becomes, unlawful);
(c) the partner with whom TVLogic offered the Services to the User has terminated its relationship with TVLogic or ceased to offer the Services to the User;
(d) TVLogic is transitioning to no longer providing the Services to users in the country in which the User is resident or from which the User uses the Services; or
(e) the provision of the Services to the User by TVLogic ceases to be commercially viable (in TVLogic¢¥s opinion).
13.4 Nothing in this Clause 13 affects TVLogic¢¥s rights in relation to the provision of Services under Clause 4.
13.5 Upon termination of the Agreement, all of the legal rights, obligations and liabilities that the User and TVLogic have benefited from, been subject to, or which have accrued during the term of the Agreement or are expressed to continue indefinitely, will be unaffected by such termination.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING THIS CLAUSE 14 AND CLAUSE 15, EXCLUDES OR LIMIT TVLOGIC¢¥S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER¢¥S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND TVLOGIC¢¥S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USER¢¥S USE OF THE SERVICES IS AT THE USER¢¥S SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, TVLOGIC, THE TVLOGIC AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE USER THAT:
(a) THE USER¢¥S USE OF THE SERVICES WILL MEET THE USER¢¥S REQUIREMENTS;
(b) THE USER¢¥S USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(c) ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF THE USER¢¥S USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO THE USER AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 THE USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER¢¥S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER¢¥S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY THE USER FROM TVLOGIC ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14.6 TVLOGIC EXPRESSLY DISCLAIMS 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.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO CLAUSE 14.1, THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TVLOGIC, THE TVLOGIC AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO THE USER FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT 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 SERVICES, OR OTHER INTANGIBLE LOSS;
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
o-(i) ANY RELIANCE PLACED BY THE USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING IS MADE AVAILABLE ON OR VIA THE SERVICES;
o- (ii) ANY CHANGES TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM);
o- (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USER¢¥S USE OF THE SERVICES;
o- (iv) THE USER¢¥S FAILURE TO PROVIDE TVLOGIC WITH ACCURATE ACCOUNT INFORMATION; OR
o- (v) THE USER¡¯S FAILURE TO KEEP THE USER¡¯S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
15.2 THE LIMITATIONS ON TVLOGIC¢¥S LIABILITY AS SET OUT IN CLAUSE 15.1 WILL APPLY WHETHER OR NOT TVLOGIC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE ARISING.
16. General
16.1 The Agreement (including all documents comprising the Agreement and all documents referred to in the Agreement) constitutes the whole agreement between the User and TVLogic and governs the User¢¥s use of the Services and supersedes any prior agreements between the User and TVLogic in relation to the Services.
16.2 The User agrees that TVLogic may provide the User with notices (including notices relating to changes to the Agreement), by email, ordinary mail, or postings on or via the Services.
16.3 The User agrees that if TVLogic does not exercise or enforce any legal right or remedy which is set out in the Agreement, or which TVLogic has the benefit of under any applicable law, this will not be construed as a formal waiver of TVLogic¢¥s rights or remedies and that such rights or remedies remain available to TVLogic.
16.4 If any provision of this Agreement is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the Agreement without affecting the remaining provisions of the Agreement, which will continue to be valid and enforceable.
16.5 The User acknowledges and agrees that each TVLogic affiliated company shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce, and rely upon, any provision of the Agreement which confers a benefit on (or rights in favor of) them. Subject to the foregoing, no other person shall be a third party beneficiary to the Agreement. For the purposes of the Agreement, an affiliated company of TVLogic is any company, corporation, firm, partnership or other entity that controls TVLogic, is controlled by TVLogic or is under common control with TVLogic; the term "controls" and "controlled" meaning the ability to direct the management of the relevant entity.
16.6 The User may not transfer, assign, charge or otherwise dispose of the Agreement, or any of the User¢¥s rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement, or any of our rights or obligations arising under it, at any time during its term.
16.7 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
16.8 The Agreement and the User¢¥s relationship with TVLogic under the Agreement shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions. The User and TVLogic agree to submit to the non-exclusive jurisdiction of the competent courts in the Republic of Korea to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, the User agrees that TVLogic may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.