- The following describes the terms under which KMP Media® Co., Ltd. (“KMP"), offers you access to KMPlayer(collectively the “Player”) and the content and services at http://www.kmpmedia.net, http://www.kmplayer.com, http://www.kmpmedia.co.kr and other services it may become available from time to time (collectively the "Services").
THIS IS A LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES. BEFORE CLICKING ON THE "I AGREE" BUTTON OR USING OUR SERVICES, YOU SHOULD READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON OR DOWNLOADING PLAYER AND/OR USING ANY OTHER CONTENTS FROM OUR WEBSITE, OR OTHERWISE USING THE SERVICES IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND KMP MAY REFUSE ACCESS TO THE SERVICES FOR NONCOMPLIANCE ISSUES WITH ANY PART OF THIS AGREEMENT.
IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO A LEGAL AGREEMENT UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR A LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THE TERMS OF THIS AGREEMENT ON YOUR BEHALF.
- Media Player. In order to use KMPlayer offered by KMP, you could be prompted to install a plug-in developed by us and/or Pandora TV (KMP’s Parent Company). We may, time to time, upgrade or replace related technology if it is believed that it will offer a better service to our users.
- Information Control.
KMP does not control the content provided by other parties, whether by its customers or other users, which is made available through the Services. You must use caution and common sense when using the Services. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, or content that may be inaccurate, or deceptive. You agree to use the Services at your sole risk and that KMP shall have no liability to you of any kind for content whether that of KMP or third parties, that may be found to be offensive, indecent, or objectionable, inaccurate or deceptive, in any manner.
- Your Information.
- You are solely responsible for Your Information. Your Information may not:
be false, inaccurate, misleading or fraudulent;
infringe anyone's copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy;
violate any law, statute, ordinance or regulation;
be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing;
promote any commercial product the sale of which you stand to benefit from;
contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way;
create liability for TV or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
You grant KMP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, and database rights associated with Your Information, in any media now existing or later invented within the confidentiality and privacy terms in this Agreement.
Upon registration for the Services, you will choose a login and a password. Only one login per account is permitted. You may not create multiple accounts. With regards to your password, you understand that you are solely responsible for maintaining its confidentiality, and KMP recommends that you choose one that is at least 8 characters in length and a mix of numbers and letters. You shall be solely and fully responsible for all activities that occur under your account. KMP shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen, it is your responsibility to notify KMP so that the missing password can be deactivated and a new one assigned.
- GRANT OF RIGHTS.
You grant KMP and its affiliates, successors, assigns, and licensees a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, license to do the following with any and all content in all forms and media now known or hereafter developed, that you upload to the Services, or otherwise provide to KMP (collectively "Your Content"): reproduce, use, create derivative works based upon, publish, publicly perform, publicly display, transmit, and/or otherwise exploit Your Content, and create derivative works based upon Your Content. You own the copyright in any of Your Content that is created by you (provided it is not created for an employer or as part of a "work for hire" arrangement). You can choose to keep Your Content private from other KMP users, in which case the other KMP users have no right to use Your Content. However, if you do choose to make Your Content available to other KMP users through the KMP website, you agree to allow them, free of charge and for personal use, to view your content on or through the Website, on other electronic communication media (e.g. mobile phones), for the entire period in which your content is hosted on the Website. If you wish to use another user’s content for any other purpose, including in particular for commercial use, you are responsible for obtaining the necessary authorization in advance.
- PROHIBITED USES.
Improper Conduct. You agree that you will not: (a) impersonate any other individual, including without limitation another user or and KMP staff member; (b) engage in harassment of any form, including without limitation through improper language or excessive frequency or size of messages; (c) send messages of any kind to any individual who has stated or in any other way demonstrated that he or she does not wish to receive messages; (d) copy or post any personal messages sent to you via the Services; (e) engage in advertising to, or solicitation of, any other users of the Services to buy or sell any products or services through the Services (f) use the Services for any unlawful purpose; or (g) otherwise use the Services in a deceptive, abusive or otherwise disruptive manner. You are solely responsible for your interactions with other users of the Services. KMP reserves the right, but has no obligation, to monitor disputes between you and other users.
- Copyright Infringement.
You agree that you will not use the Services to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of KMP, its end users, or any other any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SERVICES TO CREATE DERIVATIVE WORKS OF ANY KIND BASED ON OTHER PARTIES' MATERIALS OR UPLOAD OR DOWNLOAD ANY SUCH MATERIALS, EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, OR UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH MATERIALS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE WHICH RIGHTS ARE NECESSARY AND WHO HAS PROPER AUTHORITY TO PROVIDE SUCH RIGHTS. You agree to indemnify, defend and hold harmless KMP, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the “KMP Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, Your Content, and any other content of any kind that you create using the Services or upload in any way, infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind.
- Interference and Unauthorized Access.
You agree that you will not: (a) attempt to circumvent user authentication or the security of any KMP account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy KMP's web pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or (d) take any action that imposes an unreasonable or disproportionately large load on KMP's infrastructure, including without limitation "denial of service attacks." If you in any way violate any system or interfere with network security you may incur criminal or civil liability. KMP will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- PROPRIETARY MATERIALS.
The Services contain copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, software, photographs, graphics, images, music and sound (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein, and/or solely for your personal, non-commercial use. Specifically, you may use the Proprietary Material for your personal, non-commercial use, and use the Proprietary Material available through the Services, and/or send such Proprietary Material to your own mobile device, or to third parties for personal use only, subject to your compliance with the terms and conditions of this Agreement. Except as expressly set forth in this Agreement (or as otherwise specifically authorized in writing by KMP), you may not authorize, encourage or allow the Proprietary Material obtained by you to be reproduced, modified, derivate, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise KMP promptly if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively "Marks") hereunder, shall accrue solely to the respective owners of such Marks. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY KMP AND ITS LICENSORS.
You agree that any information submitted by you through any forum provided by KMP is considered non-confidential and non-proprietary, unless specifically stated otherwise in this Agreement. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. While KMP is pleased to hear from users of the Services, company policy prohibits KMP from accepting or considering creative ideas, suggestions or materials other than those it has specifically requested. With this policy KMP seeks to avoid any potential future misunderstandings that may occur when projects developed by employees, licensors, or contractors of KMP, by and for the sole use of KMP, might seem to others to be similar or identical in nature to their own creative work and/or submission(s). If, despite this request, you submit to KMP any creative material, including, but not limited to, ideas, suggestions or other information, you acknowledge and agree that such submission(s) are considered, and shall remain, the property of KMP. You further agree and acknowledge that KMP shall not be liable for the use or disclosure of such submission(s), that KMP shall be subject to no obligations (including, but not limited to, any obligation of compensation whatsoever to you) with respect to the use or disclosure of such submission(s), and that KMP shall own exclusively all rights to the submission(s), including, but not limited to rights now known or hereafter existing and rights of every kind and nature throughout the universe. Because of the open nature of the Internet, common sense would dictate, and KMP would recommend, that you not submit any information you consider confidential.
- COPYRIGHT INFRINGEMENT CLAIMS PROCEDURE.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward to KMP the information described in its Copyright Infringement Policy in accordance with the procedures described in the policy.
- DISCLAIMER OF WARRANTIES.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND KMP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KMP DOES NOT WARRANT OR GUARANTEE THAT (1) THE SERVICES ARE COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICES WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (5) THE FUNCTIONS OR SERVICES KMP PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KMP IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SERVICES, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES.
Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.
- LIMITATION OF LIABILITY.
THE KMP ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE KMP PRODUCTS, YOUR PARTICIPATION IN THE KMP PARTNER PROGRAM OR USE OF ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE KMP PARTNER PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT KMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KMP'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KMP FOR THE KMP PRODUCTS OR PARTICIPATION IN THE KMP PARTNER PROGRAM.
You acknowledge that KMP permits Your Participation relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain and of the allocation of risks between the parties. KMP shall no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to KMP's infrastructure or connectivity to the Internet, or failure of any Syndication Site or third party distribution partner, (each a "Force Majeure Event"). . Upon the occurrence of a Force Majeure Event, KMP will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.
- GENERAL TERMS AND CONDITIONS; Termination.
Without limiting other remedies, KMP may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services if: (a) you breach this Agreement or any of the documents it incorporates by reference; (b) KMP is unable to verify or authenticate any information you provide to it; or (c) KMP believes that your actions may cause legal liability to any person or entity.
You agree to indemnify and hold each KMP Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys' fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of another party.
- Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
- Governing Law; Venue.
This Agreement and its validity, construction and performance will be governed in all respects by the laws, and in the courts of the Republic of Korea, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.
- Changes and Cancellation.
KMP may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. KMP may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Services.
- Reservation of Rights.
KMP reserves the right to refuse access to the Services for any reason.
KMP may modify and/or amend this Agreement at any time by posting the modified and/or amended terms on the Services, which will become effective immediately when posted. By continuing to use the Services after KMP posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of KMP.