KORTV Inc. ("KORTV," "we," or "us") provides live streaming of Korean broadcasting channels and video service offering a selection of television shows, movies, clips, and other content (collectively, the "Content"). Our live streaming and video service, the Content and any other features, tools, applications, materials, or other services offered from time to time by KORTV in connection with its business, however accessed, are referred to collectively as the "KORTV Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"): KORTV authorized applications, features or devices.
Certain KORTV Services are provided to you free-of-charge. There are some other KORTV Services that, if you are interested in accessing, will require payment by you. Accordingly, if you choose to subscribe to KORTV Services, then please familiarize yourself with Subscriptions and Billing section, in addition to all of the other provisions in these Terms. If you are not a subscriber of KORTV Services, then Subscriptions and Billing does not apply to you.
ACCESS AND USE OF THE KORTV SERVICES
Age Limitations: The KORTV Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to subscribe to KORTV Services or provide your personal information to KORTV. If you are at least 13 and under 18 years of age, you may subscribe to KORTV Services only if you have the consent of your parent or guardian.
Your License: KORTV is pleased to grant you a non-exclusive limited license to use the KORTV Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the KORTV application, feature or device, for personal, non-commercial purposes as set forth in these Terms.
The Content: You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by KORTV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by KORTV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by KORTV. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by KORTV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Ownership: You agree that KORTV owns and retains all rights to the KORTV Services. You further agree that the Content you access and view as part of the KORTV Services is owned or controlled by KORTV and KORTV's licensors. The KORTV Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities: In order for us to keep the KORTV Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the KORTV Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the KORTV Services and Content restrictions detailed above, and further agree that you will not use the KORTV Services in a way that:
If KORTV determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the KORTV Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the KORTV Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the KORTV Services (including the Content and the devices through which the KORTV Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that KORTV may do so in KORTV's sole discretion. You also agree that KORTV will not be liable to you for any modification, suspension, or discontinuance of the KORTV Services, although if you are a KORTV Service subscriber and KORTV suspends or discontinues the KORTV Service, KORTV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Subscriptions and Billing below. However, if KORTV terminates your account or suspends or discontinues your access to KORTV Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Internet Access Charges: You are responsible for any costs you incur to access the internet.
KORTV Subscriptions and Billing
While it is our mission to provide users with as many viewing choices as possible, sometimes that involves giving users the choice of paying a fee in order to view Content that KORTV would not otherwise be able to make available without charging a fee. For that reason, we ask you to pay a subscription fee to access the KORTV Premium Content.
You can find the specific details regarding your subscription to KORTV Premium Services at any time by logging in on the iTunes. You agree that your KORTV account is for individual use only and your KORTV account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
All the billing to KORTV Premium Service subscription will be handled by iTunes. Once you make the payment through iTunes, you are expressly agreeing that you are responsible for monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of KORTV Premium Services.
The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the iTunes and check your iTunes account.
We automatically bill your iTunes account each month on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your iTunes account on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your iTunes account for the corresponding amounts. If KORTV changes the subscription fee or other charges for KORTV Services from time to time, we will give you advance notice of these changes by posting information on KORTV website or on devices. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where KORTV determines it is appropriate (e.g., the KORTV service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at KORTV's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Ongoing Subscription and Cancellation:
Your KORTV Premium Service subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription, cancel autorenew on iTunes or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. We will bill the monthly subscription fee plus any applicable taxes to your iTunes account. If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period -this means that you will have continued access to KORTV's Premium Service for the remainder of that period, but you will not receive a refund. You can cancel your account by logging in on the iTunes.
In order to sustain the KORTV service, it is important that each user of the KORTV Premium Service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with KORTV Premium Service. You will remain liable to KORTV for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs. Also, you may not be able to use Apple products due to unpaid amounts.
On occasion, KORTV offer the free trials. If we offer a free trial, the specific terms of free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. To view the specific details regarding free trial, visit KORTV website or access KORTV app on Apple TV.
Once the free trial period ends, we will begin billing your iTunes account for monthly subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you are required to login with your iTunes account when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from KORTV that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your iTunes account, you must cancel KORTV Service prior to midnight Eastern Time on the last day of your free trial period. You can cancel your account by logging in on the iTunes. We will continue to bill your iTunes account on a monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. You may cancel your subscription at any time as described in the Ongoing Subscription and Cancellation section of these Terms. To the extent KORTV Premium Service subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that KORTV will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.
We may from time to time offer various features that require creation of an account with iTunes. If at any time you choose to create an account with iTunes, the additional terms and conditions set forth below also will apply.
All registration information you submit to iTunes must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any KORTV representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password.
You may terminate your account by logging in on the iTunes.
COLLECTION AND USE OF PERSONAL INFORMATION
KORTV takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the KORTV Services are between you and the advertiser, and you agree that KORTV is not liable for any loss or claim that you may have against an advertiser.
KORTV, the KORTV logo, www.kortv.com, and other KORTV marks, graphics, logos, scripts, and sounds are trademarks of KORTV. None of the KORTV trademarks may be copied, downloaded, or otherwise exploited.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE KORTV SERVICES, YOU AGREE THAT USE OF THE KORTV SERVICES IS AT YOUR OWN RISK. THE KORTV SERVICES, INCLUDING THE KORTV SITE AND THE OTHER PROPERTIES, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KORTV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE KORTV SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL KORTV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "KORTV PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE KORTV SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE KORTV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS 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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE KORTV SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE KORTV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE KORTV SERVICES (INCLUDING YOUR USE OF THE CONTENT). KORTV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the KORTV Services, infringes your copyright, you should notify KORTV of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that KORTV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to KORTV's copyright agent at dmca [at] kortv.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
47 Langstaff Avenue
Edison, NJ 08817
Facsimile: (732) 662-1498
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the KORTV Services that is reasonably sufficient to enable KORTV to identify and locate the material; (iv) how KORTV can contact you, such as your address, telephone number, and email address; (v) 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; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to dmca [at] kortv.com for purposes other than communication about copyright infringement may not be answered.
ARBITRATION OF CLAIMS
At KORTV, we expect that our world-class customer service team will be able to resolve most issues you may have using the KORTV Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and KORTV agree to the following resolution process.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with KORTV only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
Rather than force everyone to visit us in New Jersey, if you can demonstrate that arbitration in New Jersey would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Middlesex County, New Jersey.
It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against KORTV, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that KORTV reimburse your reasonable attorneys' fees and costs.
If you're not sure what all of this means, of course please feel free to ask an attorney.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with KORTV for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: KORTV Inc., 47 Langstaff Avenue., Edison, NJ 08817 - Attn: Legal Department.
Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and KORTV agree on the process described in this Section.
International Use: We are a company based in the United States. KORTV's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where KORTV does not have rights or does not offer services is prohibited. KORTV is not accessible through any devices from South Korea.
Export Controls: Software and the transmission of applicable technical data, if any, in connection with the KORTV Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the South Korea or the country in which you reside.