Terms of Use

KOREANINDIE.COM
TERMS OF USE
Last updated on June 10, 2015

Welcome to KOREANINDIE.COM (the “Website”), which is owned and operated by Korean Indie, LLC, a California limited liability company (the “Company”). Please read these Terms of Use carefully as it is an agreement between the Company and you, the user.

I. BINDING EFFECT. By using the Website or any services provided in connection with the Website (the “Service”), you agree to abide by these Terms of Use, as they may be amended by the Company from time to time in its sole discretion. The Company will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Service on the Website. YOU AGREE THAT BY USING THE WEBSITE OR SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

II. PRIVACY POLICY. Please also review our Privacy Policy, which governs the use of personal information when you use the Website and the Service. The Privacy Policy is a part of these Terms of Use. By using the Website or the Service, you agree to the terms of our Privacy Policy.

III. THE COMPANY’S INTELLECTUAL PROPERTY.

A. COPYRIGHT NOTICE. All materials and content contained on this Website are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of the Company and/or the authors of those materials or content. You may not alter or remove any trademark, copyright or other notice from copies of the materials or content. You may only download material from the Website for your personal, noncommercial use.

B. TRADEMARKS. KOREAN INDIE and the KOREAN INDIE logo design are trademarks of the Company. These and other trademarks (including, but not limited to, album, artist, and band names), service marks, graphics, logos, and trade dress of the Company and its affiliates, suppliers, and licencors used on the Website may not be used without prior written consent of the Company or its applicable affiliate, supplier, or licensor. Without limiting the foregoing, no Company trademark, service mark, or trade dress may be used in connection with any product or service that is not of the Company, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits the Company.

C. COPYRIGHT INFRINGEMENT NOTICE AND AGENT. If you believe that the Website contains content that infringes upon your copyright(s), you may send a written notification of alleged copyright infringement to the Company’s designated Copyright Agent, who may be reached at:

Korean Indie, LLC
c/o Chris Park
PO Box 428
Millbrae, CA 94030
info@koreanindie.com

Pursuant to the Digital Millennium Copyright Act (“DMCA”), your written notification of alleged copyright infringement must contain the following:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Website;
d. Your address, telephone number, and email address;
e. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

If your written notice fails to comply with the DMCA requirements listed above, it may be invalid and thus insufficient to put the Company on notice of your claim.

IV. USER CONDUCT AND CONTENT.

A. USER CONTENT. You grant the Company a license to use the materials you post to the Website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website, you are granting the Company, its affiliates, officers, members, managers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. You also grant each user of the Website a perpetual, irrevocable, non-exclusive license to access your User Content through the Website, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Website and under these Terms of Use.

B. POSTING GUIDELINES. By posting User Content on the Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user Content. You also agree, represent and warrant that your User Content:
1. Is accurate;
2. Does not violate these Terms of Use;
3. Does not violate any applicable law or regulation;
4. Will not impinge on the right(s) of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;
5. Will not cause injury to any person or entity;
6. Does not impersonate any person, entity, or company;
7. Does not contain libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive, threatening or obscene material;
8. Does not interfere or disrupt the Website or Service in any manner;
9. Does not contain software viruses or any form of spam; and
10. Does not advertise or solicit anyone to buy or sell products or services or to make donations of any kind without the Company’s prior express written permission.
You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your identification. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.

C. PROHIBITED ACTIVITIES. In order to protect our users, the Company prohibits you from engaging in the following activities, which may also subject you to liability, including, but not limited to:
1. Interfering or attempting to interfere with the proper operation of the Website or Service;
2. Bypassing any measures used to prevent or restrict access to any portion of the Website or Service;
3. Using any robot, spider, data-miner, scraper, or other automated means to access the Website or Service for any purpose or to copy, probe, test, or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or representation of the Website or Service, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available by the Company or its affiliates through the Website or Service;
4. Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website;
5. Compiling, repackaging, disseminating or otherwise using data available on or extracted from the Website, including product information and prices;
6. Modifying, downloading (other than page caching), reproducing, copying, or reselling the Website, the content or any portion or derivative thereof;
7. Copying or downloading any account information of any user of the Website for the benefit of any other person or entity;
8. Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Company;
9. Using the Company’s name, trademarks, service marks, or logos in any meta tags or any other “hidden text”;
10. Using the Company’s logo or other proprietary graphic or trademark as part of a link without express written permission.

The above activities are prohibited with the Company’s prior express written consent. Any unauthorized use of the Website or any portion or derivative of it will result in termination of any license or permission granted to you by the Company.

D. ALLEGED VIOLATIONS. The Company is not responsible for User Content and it does not regularly review or moderate the User Content. The Company is entitled to presume that all User Content complies with these Terms of Use. However, the Company reserves the right, but is not obligated, to monitor, edit, move, or remove any User Content. The Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Further, the Company reserves the right to terminate your use of the Website. To ensure that the Company provides a high quality experience for you and for other users of the Website, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Website.

V. THIRD PARTY CONTENT. The Website may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party website. Access to any third party website is at your own risk and the Company will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such third party website. We strongly encourage you to carefully review the terms, conditions, and privacy policies of each other website you visit.

VI. USE OF STORE SERVICE.

A. GOODS AND PRODUCTS. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from our relating in any way to any good shall be the amount you actually paid the Company for the good(s).

ALL GOODS PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND THEY ARE PROVIDED “AS IS”. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE GOODS LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFIATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Goods may be purchased while supplies last. Transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product. The Company reserves the right to accept or decline your order for any reason up until the time the good is actually delivered to you. An order can be cancelled for various reasons. In every instance, the Company makes every effort to communicate with you prior to cancelling the order. Cancellations and returns are subject to the policies below. If you have any questions about these policies, please do not hesitate to contact the company at orders@koreanindie.com.

1. ORDER CANCELLATION. Once an order has been processed, you cannot cancel, change, combine shipping or add items to an order. The Company cannot guarantee an order change or cancellation request, however the Company will make its best efforts to accommodate your request.

2. REFUNDS AND EXCHANGES. This refund and exchange policy applies to orders placed in U.S. Dollars. We will accept any unwashed/unworn merchandise items for return or exchange within thirty days of purchase (within 45 days of purchase for shipments outside of the United States). We will not accept wearable items that are washed or worn, undergarments, open media, downloads, perishable goods, and the like. The return date will be determined by the postmark on the returned package. Your returns package should be addressed to: Korean Indie, LLC c/o Returns, PO Box 428 Millbrae, CA 94030. All refunds will be credited to the original payment source. Shipping and handling charges are non-refundable, except in the case of a manufacturer’s defect. The Company recommends you use a traceable shipping method to insure successful return of your order. The Company will not issue refunds for items it does not receive within the exchange and returns period. The Company determines in its sole discretion whether the merchandise you return is eligible for return or exchange.

B. PAYMENT PROCESSING. The Company makes available to you various payment processing methods to facilitate the convenient purchase of goods from the Company. You must abide by any relevant terms, conditions, and/or other legal agreement, whether with the Company or a third party, that governs your use of a given payment processing method. The Company may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any goods that you order and that the Company may change your credit card or other form of payment that you indicate for any goods ordered, along with any additional amounts such as taxes. You agree that you are solely responsible for all fees associated with purchases you make with the Website.

C. PRICING; TAXES; SHIPPING AND HANDLING. Pricing for goods is displayed on the Website. Pricing and availability of all goods are subject to change at any time. Despite the Company’s best efforts, the displayed price may not be accurate. If the price for the good on the Website is incorrect and it is actually higher than the price provided at the time of purchase, then, at the sole discretion of the Company, the Company may either (1) contact you for instructions before shipping the good(s) or charging you for such good(s), or (2) cancel the order for such good(s) and notify you of such cancellation. You are responsible for any taxes and any shipping and handling fees for goods purchased through the Company’s store.

VII. PROMOTIONS. Sweepstakes, contests, and other promotions may be available on the Website. Such promotions will be governed by specific rules separate from these Terms of Use that may have eligibility requirements (such as age or geographic restrictions). It is your responsibility to read such rules to determine whether your participation, registration, and/or entry is valid. By participating in any such promotions, you agree to read and become subject to the specific rules.

VIII. WARRANTY DISCLAIMER. YOU AGREE THAT USE OF THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU VISIT THE WEBSITE AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, GOOD OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE COMPANY NEITHER REPRESENTS NOR WARRANTS THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. THE COMPANY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, GOOD, OR SERVICE OFFERED ON THIS WEBSITE.

THE COMPANY IS NOT LIABLE FOR ANY INJURY, ARISING OUT OF THE USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

IX. INDEMNITY. You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend and hold harmless the Company, its affiliates and licensors, and each of their respective directors, managers, members, officers, employees, shareholders and agents, from and against any and all claims, actions, losses, liabilities, damages, injuries, costs, and expenses (including but not limited to attorney’s fees) arising out of any direct or indirect use you make of the Website, your violation of any of these Terms of Use, your violation of any third party’s right(s) (e.g. copyright, property, or privacy right), or any claim that your User Content has caused damaged to a third party. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

X. GOVERNING LAW. This Website originates from and is maintained in the State of California, in the United States of America. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the State of California, and to the extent applicable, the laws of the United States of America, without reference to principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought in the courts of the State of California or the United States District Court for the Northern District of California.

Accessing the Website in countries where the materials contained herein are illegal is prohibited. Users who access the Website from outside the United States do so at their own risk.

XI. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

XII. MODIFICATIONS. The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website; and (c) discontinue the Website at any time. The Company shall post any revision of these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

XIII. HEADINGS. The paragraph headings used in this document are for convenience only and shall not be used to limit any portion of these Terms of Use.

XIV. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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