Effective Date: June 11, 2017
These terms of service (“Terms”) apply to any users (“Users” or “You”) using the live streaming broadcast service (“Campal”) owned and provided by NJOVY. (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. BY ACCESSING AND USING Campal, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF Campal.
The purpose of these Terms is to set forth the respective rights, obligations and responsibilities of the Company and You with regard to Your use of Campal either by downloading the service application (the “Campal App”) from Google Play Store or Apple App Store (“Application Store(s)”) or by accessing the service website provided by the Company. Please note that these Terms govern the legal relationship between You and the Company, and that Your relationship with the Application Stores are subject to the respective terms and conditions of the Application Stores.
The Company reserves the right to modify these Terms from time to time, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of Campal and/or the Campal App after the effective date of a change to these Terms will constitute Your acceptance of the change. However, changes that benefit Users or changes due to legal reasons may become effective immediately.
Any matters that are not stipulated in these Terms shall be governed by the relevant laws and regulations, the Company’s Terms of Service of individual services, and the operation policies and rules set forth by the Company.
(a) When the Company contacts the Users in relation to Campal, it will do so by posting on an appropriate space on the Company’s website, by using the information supplied by the Users, or by any other method that the Company reasonably believes to be appropriate.
(b) If there is any change to the information that a User entered when registering for service membership, the User must modify such information or notify the Company of the same, and the Company shall not be liable for any disadvantages resulting from the User’s failure to do so.
(a) Unless stipulated otherwise by law or contract, all exclusive and proprietary ownership rights in Campal, Campal App, service website, these Terms, Privacy Policy, User Guidelines and any related documentation and information (collectively, the “Company Assets”) belong solely to the Company.
(b) The Company Assets are protected by copyright laws and other relevant laws, including international intellectual property laws and treaties. The Company Assets include trade secrets and exclusive information that are confidential and proprietary to the Company, and You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and exclusive information.
(c) Any new releases, modifications, and enhancements to the Company Assets belong solely to the Company and (if applicable) its licensors. There is no implied license, right, or interest granted to You with regard to the provision of Campal and the Campal App, and the Company hereby expressly reserves all rights in the Company Assets, and any contents thereof, which are not expressly granted to You hereunder.
(a) The Company grants You a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use a copy of the Campal App, in object code format, only on Your personal computer or mobile device (collectively, “Device”) for the sole purpose of personally using Campal. You only obtain a license to use the object code version of the Campal App, and You do not have any right whatsoever in the original source code of the Campal App. You may only use the Company Assets for the sole purpose of personal use of Campal.
(b) If You use the Campal App in a manner that exceeds the scope of the license granted to You under these Terms, the Company may revoke or cancel the license it has granted to You at any time. The Company will notify You without delay of the reason for revocation/cancellation of the license, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Campal).
You hereby grant the Company a free license to access, collect and use, in accordance with relevant laws and regulations as well as the Company’s Privacy Policy, the address books, contact lists, and unique phone identifiers (IMEI, Unique Device ID, etc.) contained in the Device to which You have downloaded the Campal App in order to use Campal.
By uploading or otherwise providing Content (as defined under Article 4, Section 1, Chapter 5) on Campal, You hereby grant the Company and its affiliates a non-exclusive, perpetual, unlimited, royalty-free, worldwide, sub-licensable, irrevocable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or otherwise use or create derivative works in connection with Your Content in accordance with the above license.
(a) You only obtain a limited license to use the object code version of the Campal App.
(b) You shall not use the Company Assets for any commercial purposes.
(c) You shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Company Assets.
(d) You shall not sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the Company Assets to any third party, and any attempt by You to take such action shall be void.
(e) You shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Company Assets, in particular Campal and the Campal App, by any means whatsoever.
(f) You shall not remove, obscure, or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Company Assets, or any contents thereof.
(g) You shall not destroy, disable or circumvent any copyright protection or other digital rights management mechanism put in place for the protection of the copyrights and other intellectual property rights of the Company Assets.
(a) The service use agreement between You and the Company is concluded when You register for service membership in accordance with the procedures set by the Company prior to using Campal and the Company accepts Your registration.
(b) In registering for service membership, You must enter only true and accurate information. You will be responsible for any disadvantages and/or legal liability resulting from Your entering of false information.
(c) The Company will accept Your registration for service membership pursuant to Paragraph (a) without delay, but may not accept Your registration in any of the following cases. If any of the following cases are found to be true after the Company’s acceptance of Your registration of service membership, the Company may immediately take appropriate restrictive measures, such as suspending Your service account or deleting Your Content and personal information. The Company will notify You without delay of such restrictive measures and the reasons therefor, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Campal):
i. Your service membership was created using a false or another person’s name;
ii. You entered false information or omitted information requested by the Company;
iii. You are a child under the age of 13; or
iv. Other instances in violation of relevant laws, regulations or standards set by the Company.
(a) Campal may not be used in any jurisdiction where such a type of services is prohibited.
(b) Campal is intended solely for users who are thirteen (13) years of age or older. Any attempt to access or use Campal by anyone under the age of thirteen (13) is strictly prohibited and shall be considered a material violation of these Terms.
(c) You hereby affirm that You fully understand these Terms and are able and competent to comply with these Terms. You may only use Campal if You are deemed capable of understanding and complying with these Terms.
You shall not engage in any illegal activities with respect to the Company Assets, including the following acts, and in the event You commit or attempt to commit such acts, You may be subject to civil and/or criminal charges in accordance with relevant laws and regulations.
(a) You shall not use the Company Assets for any illegal purpose or any purpose not explicitly authorized herein.
(b) You shall not engage in any acts that cause impairments to Campal by damaging, disabling or overburdening the Company Assets.
(c) You shall not transmit worms, viruses, or any code of a destructive nature using the Company Assets.
(d) You shall not display, transmit or share any Content that is hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory toward another person or group of persons
(e) You shall not alter another website so as to falsely imply that it is affiliated with the Company and/or the Company Assets.
(f) You shall not use the Company Assets or falsely imply that You are affiliated with the Company and/or the Company Assets for any commercial purpose.
(g) You shall not use or access any of Campal by any means other than through the interface provided by Campal.
(h) You shall not commit or engage in any acts that are in violation of these Terms, User Guidelines, etc.
The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of Campal, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier.
(a) The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy at http://www.rancam.com/agreement/campal/privacy.
(b) In principle, You agree to the application of Korean law regarding the processing of personal information of Campal. However, if You are residing in a country that excludes the application of Korean law, the laws of such country shall apply to the processing of personal information instead.
Any comments, suggestions, or feedback relating to Campal and/or the Campal App (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to Campal and/or the Campal App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.
You are not allowed to assign any rights or obligations hereunder. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party.
(a) You use Campal under Your own responsibility and shall be fully responsible for all acts and consequences thereof arising within Campal. When You register a password for the use of Campal, You must strictly manage it under Your own responsibility in order to prevent misuse. The Company may regard any and all acts made using Your registered password as Your own.
(b) The Company may change all or parts of Campal at any time if it deems it necessary to improve the performance or security of Campal, to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of Campal’s system. In such case, in principle, a prior notice shall be given to the Users regarding any material changes or suspensions that adversely affect the Users. However, if prior notice is not reasonably possible, if measures are needed to improve the security or compatibility of Campal, or if it is necessary for the prevention of abusive acts or compliance with legal requirements and so on, such notice may be given ex post facto. If the Company cannot disclose the reasons or contents of any change, etc. in detail, the Company will explain the reason thereof.
(c) The Company provides customized services and advertisements to Users by using User information such as service use records. This means that advertisements may be included as part of Campal provided by the Company. You may sometimes have to view unwanted advertisements using Campal. Such advertisements contribute to the Company’s ability to provide You with Campal free of charge by default and furthermore serves as a foundation for the Company to invest in research and development in order to better serve Users. Meanwhile, in order to provide better service, the Company may display on Campal or directly send to the Users’ e-mail addresses various information, including notices in relation to the use of Campal, administrative messages and other advertisements.
(d) The Company employs its utmost efforts to provide the best service to the Users. However, Campal may be temporarily suspended due to maintenance of facilities, regular and/or irregular inspection for repair, or other substantial reasons; in such case, the suspension will be notified in advance on the Campal service screen, unless there is are urgent circumstances such as compliance with legal requirements or maintenance of service security, etc.
Campal may include services and/or content provided by third-party service providers affiliated with the Company. The responsibility for such services and/or content lies with the third-party service providers. In addition, the service terms and conditions of the third-party service providers may apply to such services and/or content. As such, please refer to the service terms and conditions and privacy policy of the applicable third-party service providers as necessary.
The Company may place advertisements of the Company and/or third parties within Campal.
The content of service includes, but is not limited to, text (e.g. dialogues, comments and scripts), audio (e.g., music or other sounds), pictures, photos, video, branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials provided by You, Campal and/or third parties (collectively, “Content”).
“Hearts” are an electronic form of currency that can be used within Campal for purchasing digital goods only usable within Campal.
“Items” can be purchased using Hearts for Your own use or as gifts sent to other users. Items can be purchased from the Item Store within Campal and can be converted to Hearts or Credits based on the conversion rate and policies announced separately by the Company.
“Credits” are an electronic form of goods that can be exchanged to cash based on the exchange rate, date of payment and policies announced separately by the Company.
The Company may offer additional services, such as discounts for a certain period of time, provision of a certain number of Hearts and/or Items and so on, and relevant features on a subscription basis if You pay certain set prices (“Subscription Services”).
Renewal and Cancellation of Subscription Services
Subscription Services are renewed automatically. If You do not wish to renew, You must cancel Your Subscription Services twenty four (24) hours prior to the expiration of Your current subscription period.
Changes to Subscription Services
The Company reserves the right to suspend or change the contents of Subscription Services with reasonable prior notice. In addition, changes to Subscription Services that are unfavorable to the Users will take effect at least thirty (30) days after the Company notifies the Users of such change. However, if the Company cannot give prior notice due to unavoidable circumstances, such as the occurrence of a bug, device defect, or security issues, changes may be implemented without notice.
Your continued use of the changed Subscription Services will constitute Your acceptance of and agreement to such change.
You can purchase Hearts for the purpose of using the same within Campal.
If You purchase any Subscription Services, Hearts and/or other fee-based services (collectively, “Products”), You hereby agree to pay all charges to Your account, including taxes and fees applicable to the Company and You.
You agree to abide by any relevant terms of services of the Application Stores and to perform any contractual obligations resulting therefrom.
You agree that if You purchase any Products through an Application Store, all payment related questions, issues and/or complaints shall be handled in accordance with the relevant Application Store’s terms of service for payment processing. The Company is not authorized to intervene with regard to the foregoing, and in no event will the Company have any responsibility in connection with the same.
The Company cannot change the settings of Your Device. If You, based on Your own judgement, purchase Products, such as Subscription Services, Hearts and/or Items, by setting up simple payment functions that omit authentication procedures on Your Device, the Company cannot be involved in such process and shall not be held liable for the same.
You are responsible for all claims arising in connection with Your account, unless Products are purchased as a result of the leaking of Your personal information due to the Company’s intentional misconduct or gross negligence.
The Company shall not be held liable for any purchases made by third parties as a result of theft of Your name or personal information, including purchases made by third parties caused by Your careless exposure of Your information or failure to use the password setting functions of Your Device or the Application Stores.
Please be careful not to allow Your acquaintances, children or family members to use Your Device to purchase any Products. Except as otherwise provided under relevant laws, You will be liable for payment of, and the Company shall not assume any liability for, the purchase of Products by any of Your acquaintances, children or family members without Your consent or against Your will.
Products such as Subscription Services, Hearts, Items, etc. may not be exchanged for cash, property or other economic benefits other than Credits or services and/or content designated by the Company. Terms and conditions for the exchange of services and/or content shall be determined by the Company and displayed on Campal.
The Products may be used only on the account that acquired such Products and cannot be transferred to another account except through methods as acknowledged by the Company.
The consumable products (Hearts, Credits) have to be used in five fiscal year. Otherwise, the company will dispose unused consumable products due to inactivity.
Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase:
2. RefundsUnless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase:
i. Products that are in the possession of any Users whose use of Campal has been suspended due to a violation of these Terms or illegal acts;
ii. Products which have been used in whole or in part (e.g., already converted into Items);
iii. Products that were purchased more than five (5) years ago;
iv. Products that remain at the time of one (1) year from Your last use of Campal; and
v. Products that are in the possession of any Users who have terminated use of Campal or removed the Campal App.
You may discontinue future Subscription Services at any time. Please note that if You choose to cancel Your Subscription Services after the subscription period commences, a penalty (10% of the charges corresponding to the remaining subscription period) will be incurred for cancellation, as well as any third party payment processing fees and costs proportional to the amount of subscription period that has lapsed. In addition, at the time of cancellation, if You have already used any Hearts and/or Items that You received as part of the Subscription Services, the costs for such used Hearts and/or Items may be deducted from the amount that is refunded to You. When Subscription Services have been duly cancelled, Hearts and/or Items that were granted as part of such Subscription Services may be reclaimed by the Company.
In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. Therefore, We recommended that You check the respective refund provisions and policies of such third parties.
If a User is a minor (under nineteen (19) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be canceled even if it was made without the consent of the legal representative.
(a) While using Campal, You can create, transmit or share Content as a caller (a “Host”), callee (a “Guest”) or a viewer.
(b) All Content that is created, transmitted or shared in Campal shall not be in violation of relevant laws and regulations, these Terms, and User Guidelines.
(a) A Host or a Guest may receive Items as gifts from any Users participating in a call session.
(b) A Host or a Guest may exchange Credits to cash based on the exchange rate, date of payment and policies announced separately by the Company. However, in relation to any Items (or any Hearts and/or Credits that such Items are converted into) that a Host received as gifts, in the event that there is a request for cancellation/refund of the purchase of such Items or other dispute regarding compensation of damages, the Company reserves the right to temporarily suspend the exchange of Credits to cash for a period deemed necessary.
(a) You acknowledge and agree that You are solely responsible for any Content that You create, transmit or share through Campal. Unless otherwise stipulated under applicable law, the Company will not be responsible in any way in connection to the Content that is transmitted or shared through Campal.
(b) You agree to pay for all royalties, fees, and any other money owing to any person by reason of any of Your Content.
(c) With regard to Your Content, You represent and warrant the following. In the event You violate any of the following representations/warranties, You may be subject to criminal and/or civil liability, and the Company reserves all rights and remedies against You in order to minimize any damages that may occur to the Company and/or third parties resulting therefrom:
i. You are the sole creator and owner of, or have the necessary rights to transmit or use the Content; and
ii. The Content that You transmit, share or display does not and will not: (i) contain information related to any intellectual property or proprietary right, trade secret, personal information, etc. of a third party; or (ii) infringe, violate, or misappropriate any intellectual property or proprietary rights, trade secret, moral right, privacy right or any other right of a third party.
Despite the Company’s efforts detailed in Section 3 below, it is physically impossible for the Company to control all of the Content that the Users encounter in the process of using Campal and the Campal App. Therefore, You should use Campal at Your own risk and understand that by using Campal, You may be exposed to Content that is offensive, pornographic, indecent, or otherwise objectionable. Unless otherwise stipulated under applicable law, the Company expressly disclaims any and all liability in connection with any and all Content created, transmitted or displayed using Campal and without any involvement of the Company. You hereby release and discharge the Company from any and all claims and/or disputes arising out of or relating to such Content.
If You download the Campal App from an Application Store, You acknowledge and agree that the Application Store is a third party beneficiary of these Terms, and that, upon Your acceptance of these Terms, the Application Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary hereof. You agree that Your license to use Campal and/or the Campal App is conditioned upon Your compliance with all applicable third-party terms of agreement, including those of any Application Store, as may be applicable.
(a) If Your use of Campal is dependent upon the use of bandwidth owned or controlled by a third party, You acknowledge and agree that You must obtain consent from the relevant third party for such use and that the Company will not be liable in any way with regard to the foregoing.
(b) You must own or have the legal right to control the use of the Device to which You are downloading the Campal App and/or through which You are accessing the website that provides Campal. You must delete the Campal App and related personal information from the Device if You intend to sell, assign or otherwise cease to have the legal right to control use of the Device. You will be solely responsible for any problems that may result from Your failure to delete the same.
If You have purchased Hearts and used them to gift Items to other Users, the cancellation and refund of such gifts must be resolved with the gift recipient.
Unless the law stipulates otherwise or there is a final ruling of a court or a similar judgement that dictates otherwise, the Company shall not cancel any Items that You have already gifted and shall not assume any liability in connection therewith.
These Terms also apply to Your use of any third-party software or technology that is incorporated in Campal.
Campal does not constitute common telecom service as classified under relevant laws. Therefore, due to physical limitations, the Company does not support or carry emergency call services to any type of medical institutions, law enforcement agencies, etc. for the Users. Please note that Campal is not a replacement for Your primary telephone service.
If You use Your native SMS application to deliver messages or invitations to people who are not registered users of Campal and with whom You choose to communicate, the third party providing such SMS services may charge You additional fees for such use.
Campal may include links or references to other websites and/or services provided by third parties (collectively, “Reference Sites”) solely for the convenience of the Users. The Company is not liable for any representations and/or warranties regarding any such Reference Sites, and ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage You to read the terms and conditions and privacy policy of any Reference Sites that You visit. In addition, Your correspondence or business dealings with advertisers found on or through Reference Sites are solely between You and such advertiser.
You may terminate Your use of Campal at any time by uninstalling and deleting the Campal App from Your Device. If You wish to delete Your account, You may do so through “More > Settings > Delete Account.” IF YOU HAVE SUBSCRIBED TO ANY SUBSCRIPTION SERVICES, YOU MUST TERMINATE YOUR SUBSCRIPTION SERVICES BEFORE DELETING YOUR ACCOUNT. Any and all liability that occur as a result of Your failure to do so will be Your sole responsibility.
In the event that a Host violates Article 1, Chapter 4 of these Terms, or commits illegal acts such as piracy, theft of name, fraudulent use of credit cards, fraud, defamation, violation of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes and/or the Act on the Protection of Children and Youth Against Sexual Offenses, the Company may, at the discretion of the Company, restrict or deprive the Host of his/her authority to conduct live broadcasting. The Company will notify the Host without delay of such measures, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Campal).
(a) If the Company determines that any of the following has occurred, or that there is sufficient probability that it may occur, the Company may limit Your use of Campal and/or suspend, temporarily or permanently, Your account. Unless applicable laws stipulate otherwise, the Company shall not be liable with regard to such limitation and termination of service provision:
i. If You use Campal and/or the Campal App in a manner that exceeds the scope permitted under Chapter 2, or You are in breach of Article 2, Chapter 3 and/or Article 1, Chapter 4 of these Terms;
ii. If You commit illegal acts such as piracy, fraud, defamation, violation of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes and/or the Act on the Protection of Children and Youth Against Sexual Offenses, etc.;
iii. If You commit or engage in account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase, payment or exchange;
iv. If any purchase of Products has been cancelled pursuant to Article 3, Section 2, Chapter 5;
v. If You infringe a third party’s intellectual property rights, moral rights, propriety rights, etc.; or
vi. If the Company reasonably deems that You have committed an act that is immoral in light of social norm.
(b) The Company will notify You without delay of the reasons for any such suspension or termination of service provision, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Campal).
(c) The Company may delete Your account information after prior notice to You, which may result in termination of the Service Use Agreement in relation to Campal, if You have not logged on or accessed Campal for a period that is specified under relevant laws and regulations, these Terms, or the Company’s separate operation policies related to Campal. However, if the Company is unable to notify You (e.g., You did not provide a valid e-mail address to the Company at the time of registration for service membership), Your account may be deleted without notice.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF Campal AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF Campal AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO Campal. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.
(a) Campal is provided to You "AS IS" and "AS AVAILABLE" with no warranties. The Company hereby disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
(b) ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF Campal, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any issues by uninstalling the Campal App from Your Device and ceasing Your use of the same.
(c) THE COMPANY DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT Campal AND/OR THE Campal APP WILL BE WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not liable in any way to remove or correct any such defects and provide Campal to You.
(d) THE COMPANY DOES NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH Campal AND/OR THE Campal APP WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
(a) EXCEPT FOR DIRECT DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF Campal AND/OR THE Campal APP. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the Company is liable for damages regarding the purchase of Products by You, such as when the Product is purchased due to the leakage of Your personal information resulting from the Company’s intentional misconduct or gross negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.
(b) ABSENT THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal damages arising from Your access to and/or use of Campal; (ii) damages caused by a third party’s illegal access and/or use of the Company’s server; (iii) damages caused by a third party’s interruption of transmission to and from the Company’s server; (iv) damages caused by a third party’s transmission or dissemination of malicious programs; (v) damages caused by omission or destruction of transmitted data; and (vi) defamation.
(c) YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, OR RECEIVE CONTENT THROUGH Campal AND/OR THE Campal APP AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSION, DISPLAY, OR RECEIPT OF CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 9) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 9) SET FORTH HEREIN.
The Company makes no representations that Campal is appropriate or available for use in any location outside Korea. Those Users who access or use Campal and/or the Campal App from other jurisdictions are entirely responsible for compliance with all local laws.
The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
These Terms represents the complete agreement concerning the matters covered between the Company and You. If any provision of these Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
You acknowledge that the obligations made hereunder to the Company are of a unique and irreplaceable nature. Your violation of such obligations may cause irreparable harm to the Company, which may not be replaced by monetary damages alone, and thus, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You.
These Terms are drafted originally in Korean. If there are any discrepancies between the Korean and English versions of these Terms, the interpretation under the Korean version shall prevail.
In principle, these Terms are governed by the laws of Korea, and You consent and agree to the exclusive jurisdiction of the Tokyo District Court of Korea with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply.
Additional Information: To receive information or technical support for Campal, please mail to support@rancam.com.
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