The Services defined herein are provided by Kaon group Co., Ltd., located at 884-3, Seongnam-daero, Bundang-gu, Seongnam-si, Gyeonggi-do, 13517, Republic of Korea, its affiliates and subsidiaries. This document may refer to the service provider as “Kaon group,” “we,” “us,” or “our.”
These are the rules and restrictions that govern your use of our website(s), products, services, mobile applications, and other software (collectively, the “Services”). Please read these Terms carefully before using the Services, because they affect your legal rights and obligations (e.g., requiring arbitration and no class action relief and limiting our liability). You acknowledge and agree that, except for physical Kaon group products that you may have purchased such as routers, the Services are licensed, not sold, to you.
1. Acceptance of the Terms of Service
These Terms of Service (the “Terms”) are a binding contract between you and Kaon group (the “Agreement”). If you do not agree to and accept all of the Terms, you do not have the right to use the Services. By using the Services in any way, you agree to the Terms. The Terms shall remain in effect as long as you use the Services. The Terms also incorporate Kaon group’s Privacy Policy.
2. Change to the Terms of Service
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this website (http://www.kaon group.com). You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on this website. You should visit this page regularly to review the current terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity
The Services are directed to a general audience for adults. We will assume (and by using the Services you warrant that) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Services if applicable laws prohibit such use.
4. Account Registration
In order to use the Services, you may be required to sign up for an account. To sign up for an account, you must provide a verifiable email address and a password. It is a condition of use of the Services that all the details you provide be correct, current and complete.
5. Fees
We may require payment of fees for certain features of the Services. You may elect, but are not obligated, to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new charges after providing ten days prior notice to you. This notice may be delivered by email to you or by posting it on the Services. Your continued use of the features following such notification constitutes your acceptance of any change to the fees.
6. Changes to the Services
The Services may change over time, as we improve them. At any time, we may suspend, discontinue, limit types of use, or restrict access to all or part of the Services. Some such changes to the Services may render certain hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice.
7. Trademarks and Copyrights
The Services and materials incorporated by Kaon group in the Services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (collectively, “IP Rights”). Some of the IP Rights as well as characters, logos, trade dress, symbols, emblems, designs, designations, slogans, color combinations, insignias or other images incorporated by Kaon group in the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Kaon group or others (collectively “Marks”). Kaon group respects the intellectual property rights of others and asks users of the Services to do the same.
8. Your Use of Material
Your right to make use of the Services and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Services for any purpose not permitted by these Terms may be a violation of the IP Rights and/or Marks protected by law and these Terms and is prohibited.
You are prohibited from using the IP Rights and/or Marks except as specifically permitted in these Terms.
Subject to these Terms, Kaon group grants you a limited, non-exclusive and non-transferable license to download, install, and use Kaon group’s mobile applications and its other software in connection with the Services for your personal, non-commercial use on a single device owned or otherwise controlled by you. You acknowledge and agree that Kaon group’s mobile applications and its other software are provided under license, and not sold, to you. You do not acquire any ownership interest in any applications or software under these Terms, or any other rights thereto other than to use such applications and software in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Kaon group reserves and shall retain its entire right, title, and interest in and to its applications and software, including all IP Rights therein, except as expressly granted to you in these Terms.
You may access and display Material and any other content displayed on the Service only in connection with your non-commercial, personal use on personal devices (e.g., computer, tablet or mobile phone). The Material, Marks, and all other content on the Services may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Kaon group. Any authorization to copy Material granted by us in any part of the Services for any reason is subject to your keeping intact all copyright and other proprietary notices. Using any Material or Marks on any other website, app or networked computer environment is prohibited. Also, modifying, translating, adapting, or otherwise creating derivative works and improvements, decompiling, decoding, reverse engineering, disassembling, or otherwise reducing the code used in any software in connection with the Services into a readable form in order to examine the source code or construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
9. Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON USER FORUMS, BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THE SERVICES (“FORUMS”) ARE NOT NECESSARILY THOSE OF KAON GROUP, ITS SUBSIDIARIES, AFFILIATED COMPANIES, PARENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND PARTNERS (COLLECTIVELY, “THE KAON GROUP GROUP”). THE KAON GROUP GROUP DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF KAON GROUP GROUP. THE KAON GROUP GROUP MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN THE KAON GROUP GROUP’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT BELOW.
10. Submissions, Postings and Emails
Kaon group is interested in hearing from you regarding your questions or comments about our Services. However, the Kaon group Group does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of the Kaon group Group
11. Invited Submissions
From time to time, areas on the Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Services to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL.
12. Our Use of Content
Kaon group will consider anything you provide to us and/or contribute to the Services as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on the Services, in which event those Additional Terms will determine how we will treat your Invited Submissions. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services.
13. User Content License
Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some of our Services’ features, other users may be able to request email notifications of your new public content or publish their own comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular users. By posting or uploading any content to the Services (including posts, responses) and/or providing any communication or material to Kaon group (collectively, “User Content”), you automatically and irrevocably:
- (1) Grant and assign to Kaon group a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by Kaon group and/or by any person authorized by Kaon group, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals)
- (2) Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
- (3) Appoint Kaon group as your agent with full power to enter into any document and/or do any act Kaon group may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
- (4) Warrant that you have the rights to and are the owner of the User Content and entitled to enter into these Terms;
- (5) Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person, and that Kaon group shall not be liable for any use or disclosure of such User Content.
14. Claims of Infringement
Kaon group respects the intellectual property of others and we require 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 Kaon group with 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 interest that You claim has been infringed;
- (3) a description of where the material that You claim is infringing is located on the Kaon group website;
- (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 are authorized to act on the copyright or intellectual property owner’s behalf.
15. Restrictions on Use
During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.
Your use of the Services is subject to the following additional restrictions. You may not use the Services or interact with the Services in a manner that:
- (1) Infringes or violates the intellectual property rights or any other rights of anyone else;
- (2) Violates any law or regulation;
- (3) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- (4) Jeopardizes the security of your account or anyone else's;
- (5) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- (6) Violates the security of any computer network, or cracks any passwords or security encryption codes or otherwise incorporates any disabling code designed to permit improper use, access, deletion or modification of software or hardware programs or systems or improperly to disable, deactivate, damage or shut down such programs or systems;
- (7) Sends, creates, or replies to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engages in “spamming” (i.e., unsolicited emailing for business or other purposes);
- (8) “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
- (9) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- (10) Copies or stores any significant portion of the content;
- (11) Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services; or
- (12) Undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person, including placing malware on the Services.
16. Third-Party Services
You accept that Kaon group is not responsible for the risks you take associated with links or connections to third-party applications or services. You understand that such third-party services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to the Services. We encourage you to be aware of such agreements when you connect third-party services to the Services. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party websites, applications, or services that you may be exposed to when you interact with the Services. Your interactions with third-party organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You agree that we shall not be responsible for any liability for any loss or damage associated with any such interactions.
17. Termination
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your User Content in the event that you stop using the Services. You understand and agree that we may retain copies of such User Content indefinitely. In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important User Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Kaon group.
18. Product Specifications, Pricing, Typographical Errors
We do our best to describe every product or service offered on the Services as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Kaon group shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from Kaon group is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
19. Security
Any usernames and passwords used for the Services are for individual use only. You shall be responsible for the security of your username and password (if any). Kaon group shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Kaon group considers insecure, Kaon group will be entitled to require your username or password to be changed and/or terminate your account.
20. Violation of Security Systems
You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, disabling code, virus, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Kaon group reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
21. Investigations
Kaon group reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. Kaon group may seek to gather information from the user who is suspected of violating these Terms and from any other user. Kaon group may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Kaon group believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Kaon group will fully cooperate with any law enforcement authorities or court order requesting or directing Kaon group to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE KAON GROUP GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE KAON GROUP GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE KAON GROUP GROUP OR LAW ENFORCEMENT AUTHORITIES.
22. Warranty Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS PROVIDED BY THE WARRANTIES THAT MAY ACCOMPANY CERTAIN KAON GROUP PRODUCTS, THE SERVICES AND ALL THE MATERIALS, INFORMATION, WEBSITES, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT RELATED TO THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE KAON GROUP GROUP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE KAON GROUP GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE KAON GROUP GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, ABILITY TO MEET YOUR REQUIREMENTS OR OTHERWISE. THE KAON GROUP GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE KAON GROUP GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL KAON GROUP BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO KAON GROUP IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
23. Risk of Loss; Insurance
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES, AND EXPENSES ARISING OUT OF SUCH USE. KAON GROUP IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE, OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES, OR ANY OTHER FORM OF LOSS, DAMAGE, OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS, OR (II) THE SERVICES.
Kaon group is or may be the seller of various goods and services available on the Services. All items purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Kaon group’s delivery to the carrier.
24. Indemnity
You agree to indemnify and hold the Kaon group Group harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), (b) your violation of these Terms, and (c) your intentional infringement of third-party intellectual property rights. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
25. Choice of Law; Arbitration
- (1) These Terms and the relationship between You and Kaon group will be governed by the laws of the State of California without regard to its conflict of law provisions. This shall not limit the protection afforded to You by provisions that cannot be derogated from by agreement by virtue of applicable law. To the extent possible under Your local law, any dispute arising from or relating to the subject matter of this Agreement will be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND KAON GROUP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- (2) Notwithstanding the foregoing, Kaon group will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
26. Reservation of Rights
Kaon group reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any related software, facilities, and services, with or without notice and/or to establish general guidelines and limitations on their use.
27. Local Regulation
Kaon group makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
28. Export Regulation
The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
29. U.S. Government Rights
The Kaon group’s mobile application and other software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
30. Third-Party Sites
The Services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Kaon group, and you acknowledge that (whether or not such sites are affiliated in any way with Kaon group) the Kaon group Group is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Kaon group Group or any association with its operators.
Kaon group cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Kaon group since the third-party sites are owned and operated by independent retailers. Kaon group does not endorse any of the merchandise purchased from any third-party site, nor has Kaon group taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Kaon group does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
31. Updates
Kaon group may from time to time in its sole discretion develop and provide updates to its Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, if any, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: a) the Services will automatically download and install all available Updates; or b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
32. Assignment
You may not assign, delegate, or transfer these Terms, this Agreement or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Kaon group’s prior written consent. We may transfer, assign, or delegate these Terms, this Agreement and our rights and obligations without consent.
33. Additional Terms and Conditions
The following additional terms apply to our applications available via the Apple, Inc. (“Apple”) App Store (the “Apple Application”):
- (1) The Apple Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services;
- (2) Both you and Kaon group acknowledge that the Terms are concluded between you and Kaon group only, and not with Apple, and that Apple is not responsible for the Apple Application or the content;
- (3) You will only use the Apple Application in connection with an Apple device that you own or control;
- (4) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
- (5) In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Application.
- (6) You acknowledge and agree that Kaon group, and not Apple, is responsible for addressing any claims you or any third-party may have in relation to the Apple Application;
- (7) You acknowledge and agree that, in the event of any third-party claim that the Apple Application or your possession and use of the Apple Application infringes that third-party’s intellectual property rights, Kaon group, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
- (8) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- (9) Both you and Kaon group acknowledge and agree that, in your use of the Apple Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- (10) Both you and Kaon group acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
The following additional terms apply to our applications available via the Google Inc. (“Google”) Google Play store (the “Android Application”):
- (1) Notwithstanding anything to the contrary in this Agreement, if you use the Android Application you hereby acknowledge and agree that (i) the Android Application relies in part on functionality provided by Google (the “Google Functionality”), (ii) any information provided by you via the Android Application may be shared with Google in connection with your use of the Google Functionality, and (iii) all such information shall be handled by Google in accordance with the then-current Google Privacy Policy (currently available at http://www.google.com/privacy.html), as may be amended by Google from time to time;
- (2) You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Android Application;
- (3) In the event of any failure of the Android Application to conform to any applicable warranty, including those implied by law, you acknowledge that Google has no warranty obligation whatsoever with respect to the Android Application;
- (4) You acknowledge and agree that Kaon group, and not Google, is responsible for addressing any claims you or any third-party may have in relation to the Android Application and that Google will not be liable to you for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Android Application.
34. Miscellaneous
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. You and Kaon group agree that these Terms, in the form of this Agreement and the Privacy Policy incorporated herein are the complete set of understanding between both parties and that they supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms; it being understood that the terms of express warranties accompanying the purchase of Kaon group products are in addition to such Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Kaon group in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Kaon group agree there are no third-party beneficiaries intended under this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
35. Contacts
The following Kaon group entity is responsible for delivering the Services:
Kaon group Co., Ltd.
Thus, if You have any questions, complaints, or claims with respect to the Services, You may contact us at the following addresses (as applicable):
Kaon group Co., Ltd.
884-3, Seongnam-daero, Bundang-gu, Seongnam-si,
Gyeonggi-do, 13517, Republic of Korea
Corporate Office Phone: 82-31-724-8500
Corporate Fax: 82-31-724-8997