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Terms of Use

Effective Date April 25, 2023

 

NEW ID Co., Ltd. and its affiliates and subsidiaries (collectively “NEW”, “we”, “us” or “our”) provides interactive services to audiences worldwide. These Terms of Use, together with the Arbitration Agreement, govern your use of our websites, applications, and other products and services (collectively, the “Services”). Please read these Terms carefully before using the Services.

 

By using our Services, you acknowledge and accept these Terms and agree to be legally bound by them, whether or not you have created an account with us. These Terms of Use are effective as of the Effective Date stated above or thirty (30) days after our notice to you, if required by the applicable law. Not using our Services is your sole remedy if you do not agree with our Terms of Use.

 

Please also read our Privacy Policy that provides information about our practices concerning your Personal Information you provide us, or we may collect through our Services.

 

 

YOU AGREE TO THE CLASS ACTION WAIVER DESCRIBED IN SECTION 13 TO RESOLVE ANY DISPUTES WITH US.

 

 

1. ELIGIBILITY; COMPATIBILITY; CHANGES

1.1 Eligibility. You must be at least thirteen (13) years of age or older (the “Minimum Age”) to use our Services. If you are under the Minimum Age, you may use our Services if and only if you have the permission to use our Services from your parent or legal guardian, your use of our Services is subject to your parent or legal guardian’s supervision and control, and your parent or legal guardian reads these Terms of Use with you. Certain areas of our Services require you to be a certain age to access. When you use or attempt to use such areas of our Services, you certify that you are at least the required age and satisfy all other eligibility requirements of such Services and agree to all of the terms and conditions described in these Terms of Use. If you are not yet the required age for such areas, you do not satisfy any of other eligibility requirements, or you do not agree with all of the terms and conditions in these Terms of Use for any reason, please discontinue using the areas and/or Services (as applicable) immediately. If you are a parent or legal guardian of a child under the Minimum Age, you are subject to these Terms of Use when you allow your child to use our Services. You are also responsible for your child’s activity on our Services. You acknowledge that you may be exposed to certain content that you may find objectionable while using our Services, and you are responsible for determining whether the content on our Services is suitable for you or, if applicable, any child using our Services under your supervision and control. Some content on our Services may not be suitable for individuals under the Minimum Age.

 

1.2 Compatibility. By using our Services, you agree that we do not take responsibility or otherwise warrant the performance of your device for our Services, including the continued compatibility with our Service.

 

1.3 Changes. We reserve the right for future changes of these Terms of Use. We encourage you to review our Terms of Use (including any Additional Terms thereof) and our Privacy Policy for your awareness and understanding of the most current version. The most version of our Terms of Use (together with the Effective Date) will be posted from each of our Services. We may change these Terms of Use for reasons including, but not limited to changes in law or in our Services. Changes to our Terms of Use will be effective immediately, or otherwise required by law, thirty (30) days after the notice by posting the updated Terms of Use on our Services. Your continuing use of our Services after the change is deemed as your acknowledgement and acceptance for all changes. For the avoidance of doubt, if certain areas of our Services direct you to a link for a separate terms and conditions, such terms and conditions will also apply to your use of applicable areas of our Services.

 

 

2. ADDITIONAL TERMS

Your use of certain Services including, but not limited to terms and conditions for contests, sweepstakes, or other promotions or activities, may be subject to additional terms and conditions (the “Additional Terms”) such as voting rules, or certain age and/or geographic restrictions. You are responsible to comply with such Additional Terms we provide. We will provide any Additional Terms, including for or related to features of our Services that are provided by third parties, by posting them on the applicable Services. Such Additional Terms will be incorporated by reference into these Terms of Use. If there is any conflict between these Terms of Use and any of such Additional Terms, The Additional Terms shall prevail only for the particular areas of the Services or the use thereof.

 

 

3. INTELLECTUAL PROPERTY; LICENSE

3.1 Any audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (the “Content”) are protected by intellectual property and other applicable laws including, but not limited to trademark, trade secret, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. Except as specifically provided herein, we reserve all rights in and to our Services and the Content.

 

3.2 Subject to your compliance with these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of our Services in accordance with the terms and conditions set forth in these Terms of Use. We own and retain all rights to our Services. The Services are protected by intellectual property laws including, but not limited to trademark, trade secret, copyright, and other applicable laws. Except expressly authorized by us in writing, you may not either directly or through use of any software, device, internet site, web-based service or other means, or encourage others:

 

  • to download, stream capture, store in a database, archive or otherwise copy any part of our Services or the Content;

  • to upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of our Services or the Content;

  • to license or sublicense all or any p[art of our Services or the Content: or

  • to exploit any part of our Services or the Content in any way.

 

3.3 Except as expressly permitted herein, you are strictly prohibited from creating any derivative works, or electronic and/or physical materials that are derived from or based in any way on our Content, including, but not limited to montages, mashups, videos, translations, samplings, wallpaper, desktop themes, fonts, icons, greeting cards, and merchandise.

 

 

4. ADVERTISING

The Services we provide is supported by advertising. By using the Services, you agree to receive advertising from us and our partners.

 

 

5. THIRD-PARTY CONTENT

Our Services may integrate, be integrated into, or be provided in connection with third party websites, platforms, services, applications, platforms and/or content (each, a “Third Party Platform”) or contain third party content (including advertisements). Unless expressly indicated otherwise, we do not endorse or evaluate third party content, products, services or websites; we do not assume responsibility for third parties’ products, services, actions or omissions; and we have no liability whatsoever for goods and services you may obtain from or through other services even if you were directed or linked to such a service through our Services. If you connect to our Services through a Third Party Platform (e.g., social media) or navigate to a Third Party Platform from our Services, the Third Party Platform will collect your information separately from us. You should review the applicable Third Party Platform’s privacy policies before using their services to understand how they are using your information and your rights in relation to such information.

 

From time to time, you may communicate with, receive communications from, be re-directed to, interact with or participate in or use the services or obtain goods and services of or from, third parties, such as our advertisers, sponsors or promotional partners (collectively, the “Advertisers”) as a result of your use of our Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

 

 

6. TERM AND TERMINATION

6.1 These Terms of Use will continue to apply to you until terminated by either you or us. You agree that we, in our sole discretion, and without penalty, may suspend, restrict, discontinue or bar your access to our Services at any time without prior, including in the event(s) of your actual or suspected unauthorized use of our Services and/or Content, your engagement or assistance in violating the rights (including intellectual property rights) of us, or other third-party, or your non-compliance with these Terms of Use.

 

6.2 If we suspend or discontinue your access to our Services, you agree that we will have no liability or responsibility to you or any third-party. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.

 

6.3 You may discontinue use of our Services at any time. Your only remedy with respect to any dissatisfaction with: (i) our Services; (ii) these Terms of Use; (C) any of our policy or practice in operating any part of our Services; or (D) any Content, is to discontinue using the Services.

 

 

7. PROHIBITED CONDUCT

Notwithstanding anything to the contrary herein, you agree not to do, or assist others to do, the following:

 

7.1 copy, retransmit, archive, “rip”, record, reproduce, publish, license, disseminate, display or perform to the public, make available to the public, broadcast, re-use, re-post, offer for sale, exploit, transfer, broadcast, circulate or distribute all or part of the Content or otherwise access or make any use of our Service which is unauthorized, not permitted by applicable law or which otherwise infringes the intellectual property rights in our Services, or any part of it;

 

7.2 circumvent or disable any content protection system or digital rights management technology used in connection with our Services to control download, stream, capture, copying, linking, framing, reproduction, access to, or distribution to the Content;

 

7.3 use, reproduce, publish or display our Services and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to us, or any third-party associated with or appearing in any of the Content;

 

7.4 impersonate or misrepresent your affiliation with any person or entity, falsely claim an affiliation with any person or entity, misrepresent the identity, or perform any other similar fraudulent activity;

 

7.5 alter or remove any copyright, trademark or other intellectual property rights notices or other proprietary rights contained in our Service;

 

7.6 use our Services for any commercial (including but not limited to any advertising or solicitation) or illegal purpose, public performance or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;

 

7.7 circumvent, block or otherwise impair any advertisements in our Services, or create or distribute tools designed to block advertisements in our Services;

 

7.8 use technology or other means to access, index, frame or link to our Services (including the Content) that is not authorized by us (including by removing, bypassing, circumventing, altering, disabling, damaging, thwarting or otherwise interfering with (i) security-related mechanisms of our Service, or (ii) any other features that enforce limitations on the use of our Services or Content;

 

7.9 reverse engineer, decompile, disassemble or otherwise attempt to discover, use any software, source code, or other products or processes accessible through our Services or any part thereof (including any application programming interface (API)), or create derivative works of our Services, Content, or any part thereof, except to the extent permitted by applicable law;

 

7.10 use any data mining, data gather or extraction method in conjunction with any part of our Services;

 

7.11 use “crawling” or any automated means (including web robots, web scutters, scraper and indexers) to view, access or collect information from us, other users or any part of our Services; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent; or

 

7.12 use or interfere with any part of our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any user’s enjoyment of our Services, including uploading or otherwise disseminating any worms, viruses, Trojan horses, adware, spyware, or other malicious, disruptive or corrupted files, data, code or programs.

 

 

8. WARRANTY DISCLAIMERS

8.1 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

8.2 ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITIONS THAT: (A) USE OF OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM SUCH USE OF OUR SERVICES; AND (B) OUR SERVICES AND FEATURES CONTAINED THEREIN ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THEWILL NOT LIMIT ANY NON-WAIVERABLE WARRANTIES OR CONSUMER PROTECTION RIGHTS THAT YOU MAY BE ENTITLED TO UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE.

 

8.3 THE INDEMNIFIED PARTIES DO NOT WARRANT THAT OUR SERVICES AND FEATURES CONTAINED THEREIN WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

 

9. LIMITATIONS OF LIABILITY AND DAMAGES

9.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE OURI SERVICES, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

9.2 YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE AVAILABLE AND OFFERED OUR SERVICES AND ENTERED INTO THESE TERMS OF USE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE OUR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

 

9.3 THIS SECTION 9 OF THE TERMS OF USE APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

 

10. ENTIRE AGREEMENT

10.1 Other than as stated in this Section 10 or as explicitly agreed upon in writing between you and us, the latest version of Terms of Use constitutes all the terms and conditions you and us agree upon, and supersedes any prior agreement under a prior version of Terms of Use, whether written or oral. For avoidance of doubt, our customer service representatives are not authorized to modify these Terms of Use, either verbally or in writing.

 

10.2 Except as otherwise required by law, the controlling language of these Terms of Use is the English language.

 

 

11. NO WAIVER

11.1 Our decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy with respect to any party.

 

11.2 Even if we act in a way that appears to you to be inconsistent with these Terms of Use or fail to enforce any provision thereof, our actions shall not be deemed a waiver or constructive amendment of such provision nor of the right to enforce such provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

 

 

12. GOVERNING LAW

These Terms of Use and all claims arising from or related to your use of our Services will be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law principles. You and us agree to submit to the exclusive jurisdiction of the Seoul Central District Court. Both you and us waive any objection to venue or forum non conveniens with respect to any such dispute or claim and agrees not to assert any defense or challenge based on forum non conveniens in any legal proceeding related to such dispute or claim. Regardless of any statute or law to the contrary, you must file any claim related to use of our Services or these Terms of Use within one (1) year of the events first giving rise to such claim. OTHERWISE, YOU WILL WAIVE THE CLAIM.

 

 

13. CLASS ACTION WAIVER

Where permitted under applicable law, you and us agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purposed class or representative proceeding. Further when permitted under applicable law, unless both you and us agree otherwise, the court may not consolidate another person’s claim with your claims, and may not otherwise preside over any form of a representative or class proceeding.

 

 

14. CONTACT US

If you have other questions or comments regarding these Terms of Use or seek general assistance on our Services, please contact us by email at support@its-newid.com.

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