ALL THINGS HALLYU

TERMS OF USE

Welcome to the KCON website (the “Site”), which is owned and operated by CJ E&M AMERICA, INC. and its affiliated companies (the “Company” or “we” or “our” or “us”).  Please read the following terms of use (“Terms of Use”) carefully before using this Site.  By accessing and using this Site, you accept, without limitation or qualification, the Terms of Use.  If you do not agree with any of these Terms of Use, or if you do not agree to be bound by the Terms of Use, please do not use this Site.  

This Site is also governed by a Privacy Policy, which can be found herein.  Please review the Privacy Policyperiodically for changes.

The Company reserves the right, in its sole discretion, to amend the Terms of Use and the Privacy Policy. Please visit this page periodically to review the applicable Terms of Use as well as the current Privacy Policy, as you are bound by any amendments thereto.  The Company also reserves the right to modify, add or discontinue any aspect, content, or feature of this Site, at any time, in any way, for any or no reason.

USE OF CONTENT

All information, materials, and other content contained on this Site, including, but not limited to, images, illustrations, audio clips, and video clips (collectively “the Material”) are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes.  Reproduction, duplication, distribution, republication, modification, derivative works, transmitting, uploading, publicly displaying, and other unauthorized copying or use of any of the Material is expressly prohibited.

If you wish to license any of the Company’s Material, including but not limited to, Material contained in this site, please contact the Company at questions@kconusa.com.

INFRINGEMENT POLICY

Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the Company reserves the right, but not the obligation, to terminate your license to use the Site if it suspects, in its sole and absolute discretion, that you are infringing the rights of the Company or others.

If you believe that any Material contained in this Site infringes your copyright, please notify the Company of your copyright infringement claim by submitting a written complaint in accordance with the below requirements to our designated DMCA Copyright Agent at the e-mail or postal address provided below.

The Company will process written complaints of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Email:  questions@kconusa.com

Subject Line:  KCON Site DMCA Complaint

Postal Address:  5700 Wilshire Blvd., Ste 550, Los Angeles, CA 90036

To be effective, the written complaint must contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  1. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  1. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  1. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about the Company’s policies and practices regarding the collection and use of your personal information, please review our Privacy Policy.  The Privacy Policy is incorporated by reference and made part of these Terms of Use.  Therefore, by agreeing to these Terms of Use, you agree that your use of this Site is governed by the Privacy Policy in effect at the time of your use.

CHILDREN’S ONLINE PRIVACY PROTECTION

Children under the age of 13 are expressly prohibited from submitting or posting any personal information on the Site.  Please read our Privacy Policy for more information regarding our privacy policies and practices.

GENERAL RULES OF CONDUCT

You agree not post or transmit through this Site any defamatory, threatening, obscene, harmful, pornographic, or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.  You agree not to upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right.

SUBMISSIONS POLICY

You retain your rights to any material you post, submit, or display on the Site.  By using this Site, you grant the Company a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, transmit, publish, distribute, and display such material in any and all media or distribution methods now known or later developed.  You agree that this license includes the right for the Company to promote, provide, and improve the Site and to make the material submitted to or through the Site available to other companies, organizations or individuals who partner with the Company.

You agree and acknowledge that participation in the Site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between the Company and any user of the Site (other than the contractual relationship between you and the Company entered into by virtue of your agreement to these Terms of Use).

TRADEMARKS

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the Company and others.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that owns the Trademarks displayed on the Site.  Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited, except as provided in these Terms of Use.

REGISTRATION FOR SERVICES

If you choose to register as a member to use the services provided through this Site, you agree to provide true and accurate information about yourself and to update the information when it changes.  If you are under the age of 13, you are not permitted to register with this Site or use any feature of this Site which requires registration.  If the Company suspects that your information is untrue or inaccurate, the Company may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these services.

THIRD PARTY MERCHANTS

You agree and acknowledge that your communications or business dealings with, or participation in promotions of, third party merchants found on or through the Site are solely between you and such merchant.  Such communications or business dealings may include, but is not limited to, payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings.  The Company shall not be responsible or liable for any loss or damage incurred as a result of any such dealings.

TERMINATION

The Company shall have the right to immediately terminate your use of the Site if the Company determines in its sole discretion that you have violated the Terms of Use or have engaged in conduct which the Company determines in its sole discretion to be unacceptable.  The Company may terminate your account or access to the Site, or remove and discard any communication transmitted by you via the Site, for any reason and without prior notice.

MONITORING OF CONTENT

The Company shall have the right, but not the obligation, to monitor content posted on the Site in order to respond to or comment upon communications by users of the Site and in order to determine compliance with the Terms of Use. The Company shall have the right and sole discretion to edit, refuse to post, or remove any content for any reason, including, but not limited to, violations of the Terms of Use.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

Your use of the Site is at your own risk.  You assume full responsibility for implementing the appropriate procedures and checks to satisfy your own requirements for the suitability of the Site.  You acknowledge that your use of the Site and any information sent or received in connection with the Site may not be secure and may be intercepted by unauthorized third parties.  You assume responsibility for the entire cost of all necessary maintenance, repair, or correction to your computer system or other property.

The Company makes no warranties, express or implied, as to the content in the Site or the accuracy or reliability of any information or statements contained therein.  All statements and opinions made by users on various areas of the Site are those of such users only, and the Company neither endorses nor shall be held responsible for the reliability or accuracy of such content.

The opinions expressed by users of the Site are not necessarily (and in some cases not at all) those of the Company.  The Company is not responsible for any materials provided by users which are deemed harmful or offensive to others.  The Company is not responsible in any way for any injury, loss, or damage which occurs as a result of an opinion expressed or information provided in these sections of the Site.

The Company is not responsible for the content or practices of third party websites that may be linked to the Site.  Visitors to those sites should refer to each site’s separate privacy policies and practices.

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of your use of the Site, or arising out of any violation of these Terms of Use, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary, or other rights of third parties, or which constitutes a submission of materials.

MISCELLANEOUS

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.  This Agreement shall be construed in accordance with the laws of the State of California, and parties consent to the jurisdiction of the courts in the Central District of California, County of Los Angeles, without regard to its conflict of laws rules.

This Site is controlled and operated by the Company from its offices within the State of California, United States of America.  Users of this Site attempting to access this Site from other locations shall comply with any applicable local laws governing interactive sites.

Effective Date:  June 5, 2014

Welcome to the KCON website (the “Site”), which is owned and operated by CJ E&M AMERICA, INC. and its affiliated companies (the “Company” or “we” or “our” or “us”).  Please read the following terms of use (“Terms of Use”) carefully before using this Site.  By accessing and using this Site, you accept, without limitation or qualification, the Terms of Use.  If you do not agree with any of these Terms of Use, or if you do not agree to be bound by the Terms of Use, please do not use this Site.  

This Site is also governed by a Privacy Policy, which can be found herein.  Please review the Privacy Policyperiodically for changes.

The Company reserves the right, in its sole discretion, to amend the Terms of Use and the Privacy Policy. Please visit this page periodically to review the applicable Terms of Use as well as the current Privacy Policy, as you are bound by any amendments thereto.  The Company also reserves the right to modify, add or discontinue any aspect, content, or feature of this Site, at any time, in any way, for any or no reason.

USE OF CONTENT

All information, materials, and other content contained on this Site, including, but not limited to, images, illustrations, audio clips, and video clips (collectively “the Material”) are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes.  Reproduction, duplication, distribution, republication, modification, derivative works, transmitting, uploading, publicly displaying, and other unauthorized copying or use of any of the Material is expressly prohibited.

If you wish to license any of the Company’s Material, including but not limited to, Material contained in this site, please contact the Company at questions@kconusa.com.

INFRINGEMENT POLICY

Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the Company reserves the right, but not the obligation, to terminate your license to use the Site if it suspects, in its sole and absolute discretion, that you are infringing the rights of the Company or others.

If you believe that any Material contained in this Site infringes your copyright, please notify the Company of your copyright infringement claim by submitting a written complaint in accordance with the below requirements to our designated DMCA Copyright Agent at the e-mail or postal address provided below.

The Company will process written complaints of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Email:  questions@kconusa.com

Subject Line:  KCON Site DMCA Complaint

Postal Address:  5700 Wilshire Blvd., Ste 550, Los Angeles, CA 90036

To be effective, the written complaint must contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  1. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  1. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  1. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about the Company’s policies and practices regarding the collection and use of your personal information, please review our Privacy Policy.  The Privacy Policy is incorporated by reference and made part of these Terms of Use.  Therefore, by agreeing to these Terms of Use, you agree that your use of this Site is governed by the Privacy Policy in effect at the time of your use.

CHILDREN’S ONLINE PRIVACY PROTECTION

Children under the age of 13 are expressly prohibited from submitting or posting any personal information on the Site.  Please read our Privacy Policy for more information regarding our privacy policies and practices.

GENERAL RULES OF CONDUCT

You agree not post or transmit through this Site any defamatory, threatening, obscene, harmful, pornographic, or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.  You agree not to upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right.

SUBMISSIONS POLICY

You retain your rights to any material you post, submit, or display on the Site.  By using this Site, you grant the Company a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, transmit, publish, distribute, and display such material in any and all media or distribution methods now known or later developed.  You agree that this license includes the right for the Company to promote, provide, and improve the Site and to make the material submitted to or through the Site available to other companies, organizations or individuals who partner with the Company.

You agree and acknowledge that participation in the Site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between the Company and any user of the Site (other than the contractual relationship between you and the Company entered into by virtue of your agreement to these Terms of Use).

TRADEMARKS

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the Company and others.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that owns the Trademarks displayed on the Site.  Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited, except as provided in these Terms of Use.

REGISTRATION FOR SERVICES

If you choose to register as a member to use the services provided through this Site, you agree to provide true and accurate information about yourself and to update the information when it changes.  If you are under the age of 13, you are not permitted to register with this Site or use any feature of this Site which requires registration.  If the Company suspects that your information is untrue or inaccurate, the Company may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these services.

THIRD PARTY MERCHANTS

You agree and acknowledge that your communications or business dealings with, or participation in promotions of, third party merchants found on or through the Site are solely between you and such merchant.  Such communications or business dealings may include, but is not limited to, payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings.  The Company shall not be responsible or liable for any loss or damage incurred as a result of any such dealings.

TERMINATION

The Company shall have the right to immediately terminate your use of the Site if the Company determines in its sole discretion that you have violated the Terms of Use or have engaged in conduct which the Company determines in its sole discretion to be unacceptable.  The Company may terminate your account or access to the Site, or remove and discard any communication transmitted by you via the Site, for any reason and without prior notice.

MONITORING OF CONTENT

The Company shall have the right, but not the obligation, to monitor content posted on the Site in order to respond to or comment upon communications by users of the Site and in order to determine compliance with the Terms of Use. The Company shall have the right and sole discretion to edit, refuse to post, or remove any content for any reason, including, but not limited to, violations of the Terms of Use.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

Your use of the Site is at your own risk.  You assume full responsibility for implementing the appropriate procedures and checks to satisfy your own requirements for the suitability of the Site.  You acknowledge that your use of the Site and any information sent or received in connection with the Site may not be secure and may be intercepted by unauthorized third parties.  You assume responsibility for the entire cost of all necessary maintenance, repair, or correction to your computer system or other property.

The Company makes no warranties, express or implied, as to the content in the Site or the accuracy or reliability of any information or statements contained therein.  All statements and opinions made by users on various areas of the Site are those of such users only, and the Company neither endorses nor shall be held responsible for the reliability or accuracy of such content.

The opinions expressed by users of the Site are not necessarily (and in some cases not at all) those of the Company.  The Company is not responsible for any materials provided by users which are deemed harmful or offensive to others.  The Company is not responsible in any way for any injury, loss, or damage which occurs as a result of an opinion expressed or information provided in these sections of the Site.

The Company is not responsible for the content or practices of third party websites that may be linked to the Site.  Visitors to those sites should refer to each site’s separate privacy policies and practices.

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of your use of the Site, or arising out of any violation of these Terms of Use, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary, or other rights of third parties, or which constitutes a submission of materials.

MISCELLANEOUS

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.  This Agreement shall be construed in accordance with the laws of the State of California, and parties consent to the jurisdiction of the courts in the Central District of California, County of Los Angeles, without regard to its conflict of laws rules.

This Site is controlled and operated by the Company from its offices within the State of California, United States of America.  Users of this Site attempting to access this Site from other locations shall comply with any applicable local laws governing interactive sites.

Effective Date:  June 5, 2014