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Terms of Use

This user agreement (“Terms”) applies to all the features and services provided by CLINKERS Co., Ltd. (“CLINKERS”, “we”, “us” or “our”) through its websites and mobile apps (collectively, “Services”), including any information, text, graphics, photographs or other material uploaded, downloaded or displayed on our Services (collectively, “Content”), Materials (as defined in Article 8) and any conduct that you access and use the Services as the Services visitor or subscribed user.

By accessing or using our Services, you acknowledge and agree to be bound by these Terms and related policies. Please take some time to carefully review these Terms before using the Services.
If you do not agree to these Terms, you may not access or use our Services.
1. Your Access to the Services
In compliance with relevant laws and regulations, including but not limited to the 'Youth Protection Act', ' and for other reasonable purposes, additional age categorization or certain classification measures may be implemented. You acknowledge and agree that some usage may be restricted, such as changing the Content, duration, or frequency of the Services upon the classification assigned.
2. Privacy
2.1 Any information you provide to CLINKERS is subject to our Privacy Policy. CLINKERS’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information including the transfer of this information to the Republic of Korea and/or other countries for storage, processing and use by CLINKERS (as set forth in the Privacy Policy).

2.2 As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and the Account (as defined in Article 4), and you may not have the option to opt-out from receiving.
3. Your Use of the Services
3.1 CLINKERS grants you a personal, royalty-free, non-assignable and non-exclusive license to: (a) install and use a copy of our mobile app associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. This license is revocable, and CLINKERS reserves the right to limit or terminate your authorization to use the Services at any time.

3.2 You may use the Services only if you can form a binding contract with CLINKERS and are not a person barred from receiving the Services under the laws of the Republic of Korea or other applicable jurisdictions.

3.3 Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

• Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;

• Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;

• Engage in or attempt to engage in a transaction of an Account (including, selling or trading), whether it is free or paid, or otherwise attempting to sign up or log-in to an Account or access our Services in an unauthorized manner;

• Discuss or incite anything unlawful, misleading, malicious, or discriminatory;

• Defame, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity or intellectual property) of other users of the Services, or any other individuals, groups or entities;

• Post any image or language that is offensive, pornographic, contains nudity, harmful, inaccurate, threatening, or otherwise inappropriate to any individual or group;

• Post anything contrary to our public image, goodwill, or reputation;

• Engage in any act of publishing Content, signing up for our Services, or related activities in a manner inconsistent with the intended purpose of our Services.

• Crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, sell or resell any part of our Content or Services by any automated or non-automated means (including, through embed-sharing), except as expressly permitted by CLINKERS; and

• Use of public Content that is available on the website without our separate permission, with or without log-in.
4. Your CLINKERS Account and Account Security
4.1 When registering for membership on our Services, we generate an account (“Account”) for you by receiving your name, username, password and social networking-related information (such as your Facebook account or Google account).

4.2 Any Content you submit, post, or display on any message board will be able to be viewed by other users of the Services who also have the right to submit, post, or display on the same board. You should only provide Content that you are comfortable sharing with others under these Terms.

4.3 You are solely responsible for the information and any activities associated with your Account. You must maintain the security of your Account and immediately notify CLINKERS if you discover or suspect unauthorized access to your Account. We recommend using a strong password exclusively for your Account.
5. Permissions and Restrictions
5.1 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications you submit, post, or display via the Services. Furthermore, we do not endorse any opinions expressed via the Services.

5.2 By using the Services, you acknowledge that you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances shall CLINKERS be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5.3 You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty free license to use, sell, sub-license, reproduce, copy, perform, display, create derivative works of, adapt, distribute, and otherwise exploit Content in any and all media throughout the world for the purpose of maintaining or improving our Services. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license.

5.4 Although we have no obligation to screen, edit, or monitor your Content, we reserve the right, at the sole discretion of CLINKERS, to take any necessary action at any time and for any reason. This action may include but is not limited to hiding or removing your Content, restricting the use of the Services or certain nicknames.

5.5 Any ideas, suggestions, and feedback about CLINKERS or our Services that you provide to us are entirely voluntary, and you agree that CLINKERS may use such ideas, suggestions, and feedback without compensation or obligation to you.
6. Third-Party Content, Advertisements, and Promotions
6.1 The Services may include advertisements, which may be targeted to Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by CLINKERS on the Services are subject to change. In consideration of CLINKERS granting you access to and use of the Services, you agree that CLINKERS and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

6.2 The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and CLINKERS takes no responsibility for any third party’s websites, products, or services. You acknowledge that your engagement with Third-Party Content is at your own discretion, and if any disadvantage arises due to Third-Party Content, you are fully responsible for any associated losses.
7. Your Rights related on the Services
7.1 CLINKERS respects the intellectual property of others and requires that users of our Services do the same. Although we may monitor Content and make efforts to eliminate harmful or unlawful Content, we take no responsibility for any violations of intellectual property rights, misuse of confidential information, or other such unlawful activity involving Content.

7.2 If you believe that any Content on the Services infringes any copyright or trademark you own or control, you may notify CLINKERS. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to CLINKERS. If you believe that there is copyright or trademark infringement, please provide us with the following information:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

• identification of the copyrighted work claimed to have been infringed;

• identification of the material that is claimed to be infringing or subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CLINKERS to locate the material;

• your contact information, including your address, telephone number, and an email address;

• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

7.3 If you consider that your rights have been infringed due to another user's Content, such as a violation of privacy or defamation, you may inform us of the infringement and request the removal of the disputed Content or the posting of a rebuttal. Please make your request with the following information:

identification of the material that is claimed to be infringing or subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CLINKERS to locate the material;

your contact information, including your address, telephone number, and e-mail address;

a statement explaining how the allegedly infringing Content infringes your rights.

7.4 We reserve the right to remove any Content confirmed or suspected to be illegal at any time at our sole discretion without prior notice.
8. CLINKERS’ Rights related on the Services
8.1 The Services are owned and operated by CLINKERS. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by CLINKERS are protected by intellectual property and other laws. All Materials included in the Services are the property of CLINKERS or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials. Except as expressly authorized by CLINKERS, you may not make use of the Materials. CLINKERS reserves all rights to the Materials not granted expressly in these Terms.

8.2 We reserve the right to add or remove features or products at any time. We will try to notify you beforehand, but we are under no obligation to notify you in advance. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without prior notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time.

8.3 You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
9. Disclaimers of Warranties and Limitation of Liability
9.1 Except to the extent prohibited by law, you agree to defend, indemnify, and hold CLINKERS, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “CLINKERS Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your Content.

9.2 We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

9.3 Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.

• THE SERVICES DISCLAIM ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO TITLE, FITNESS FOR THE PARTICULAR PURPOSE OR NON-INFRINGMENT IN RELATION TO THE SERVICES.

• ALTHOUGH WE WILL PROVIDE REASONABLE SECURITY MEASURES TO PROTECT YOUR CONTENT, WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM THE DISCLOSURE OF YOUR CONTENT.

• YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES, YOU MAY BE EXPOSED TO CIRCUMSTANCES THAT ARE OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND YOU ACCEPT THE RISK.

• VIEWS EXPRESSED ON OUR WEBSITE OR THROUGH OUR SERVICES DO NOT NECESSARILY REFLECT OUR VIEWS. WE DO NOT SUPPORT OR ENDORSE ANY CONTENT POSTED BY YOU OR OTHER USERS. CERTAIN CONTENT FROM OTHERS MAY BE INCORRECTLY LABELED, RATED, OR CATEGORIZED.

• YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES AND COMPUTER SYSTEM OR ANY RESULTING LOSS OF DATA THAT OCCURS THROUGH YOUR USE OF THE SERVICES.

• IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CLINKERS ENTITIES EXCEED THE GREATER OF KRW 1,000,000 (IF APPLICABLE) OR ANY AMOUNT YOU PAID CLINKERS IN THE PREVIOUS THREE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
10. Governing Law and Venue
10.1 If you have an issue or dispute, you agree to raise it and try to resolve it with us informally.

10.2 To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the Republic of Korea, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely to the Seoul District Court in the Republic of Korea
11. Changes to the Terms
11.1 We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the effective date. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services.

11.2 By continuing to access or use the Services on or after the effective date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
12. Termination
12.1 You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

12.2 If we discover an abnormal or otherwise unauthorized attempt to create and/or use an Account, we reserve the right to restrict the account's creation or access to our Services and, if necessary, delete the account created in such an unusual way.

12.3 If the Services is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your Content.

12.4 The following sections will survive any termination of these Terms or of your Account: 5 (Permissions and Restrictions), 7 (Your Rights related on the Services), 8 (CLINKERS’ Rights related on the Services), 9 (Disclaimers of Warranties and Limitation of Liability), 10 (Governing Law and Venue), 12 (Termination), and 13 (Miscellaneous).
13. Miscellaneous
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

These Terms are a legally-binding agreement between you and CLINKERS. If you have any questions about these Terms, please contact us.

CLINKERS Co., Ltd.

Email: legal@clinkers.io

Address: 542, 81, Yanghwa-ro, Mapo-gu, Seoul, Republic of Korea, 04034

Phone number: 02-6949-0521