By downloading, browsing, accessing or using this application (“IM Capsule”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to IM Capsule and your use of the services offered on IM Capsule. Continued use of IM Capsule will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User on IM Capsule as part of Registration.
"Register" means to create an Account on IM Capsule and "Registration" means the act of creating such an Account.
"Services" means all the services provided by Capsule Media Co., LTD via IM Capsule to Users, and "Service" means any one of them,
"Users" means users of IM Capsule, including you and "User" means any one of them.
3. GENERAL ISSUES ABOUT IM CAPSULE AND THE SERVICES
3.1 Applicability of terms and conditions: The use of any Services and/or IM Capsule are subject to these Terms and Conditions of Use.
3.2 Location: IM Capsule, the Services are intended for use by Users who access IM Capsule in Korea. If you access IM Capsule, use the Services from locations outside Korea, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.3 Scope: IM Capsule, the Services are for your non-commercial, personal use only and must not be used for business purposes.
3.4 Prevention on use: We reserve the right to prevent you from using IM Capsule and the Service (or any part of them).
3.5 Equipment and Networks: The provision of the Services and IM Capsule does not include the provision of a mobile telephone or handheld device or other necessary equipment to access IM Capsule or the Services. To use IM Capsule or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using IM Capsule. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing IM Capsule or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.6 Permission to use IM Capsule: If you are not the bill payer for the mobile telephone or handheld device being used to access IM Capsule, you will be assumed to have received permission from the bill payer for using IM Capsule.
3.7 License to Use Material: By submitting any text, images (including photographs) or videos (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material in IM Capsule service.
4. LOCATION ALERTS AND NOTIFICATIONS
4.1 You agree to receive pre-programmed notifications (“Location Alerts”) on IM Capsule if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
5. YOUR OBLIGATIONS
5.1 Prohibitions in relation to usage of Services or IM Capsule: Without limitation, you undertake not to use or permit anyone else to use the Services or IM Capsule:-
5.1.1 to send or receive any material which is not civil or tasteful
5.1.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
5.1.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
5.1.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.1.5 to cause annoyance, inconvenience or needless anxiety;
5.1.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
5.1.7 for a purpose other than which we have designed them or intended them to be used;
5.1.8 for any fraudulent purpose;
5.1.9 other than in conformance with accepted Internet practices and practices of any connected networks;
5.1.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
5.1.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.5.5 Prohibitions in relation to usage of Services, IM Capsule: Without limitation, you further undertake not to or permit anyone else to:-
5.5.1 resell any products or Samples ;
5.5.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
5.5.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
5.5.4 execute any form of network monitoring which will intercept data not intended for you;
5.5.5 enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
5.5.6 extract data from or hack into IM Capsule;
5.5.7 use the Services or IM Capsule in breach of these Terms and Conditions of Use;
5.5.8 engage in any unlawful activity in connection with the use of IM Capsule or the Services; or
5.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying IM Capsule or Services.
6. RULES ABOUT USE OF THE SERVICE AND IM CAPSULE
6.1 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or IM Capsule will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at firstname.lastname@example.org.
6.2 We do not warrant that your use of the Services or IM Capsule will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or IM Capsule will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and IM Capsule, access to the Services and IM Capsule may be suspended, restricted or terminated at any time.
6.3 We do not give any warranty that the Services and IM Capsule are free from viruses or anything else which may have a harmful effect on any technology.
6.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on IM Capsule from time to time. Your access to IM Capsule and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from IM Capsule at any time.
6.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
7. SUSPENSION AND TERMINATION
7.2 If we suspend the Services or IM Capsule, we may refuse to restore the Services or IM Capsule for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
7.3 Capsule Media Co., LTD shall fully co-operate with any law enforcement authorities or court order requesting or directing Capsule Media Co., LTD to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
7.4 Without limitation to anything else in this Clause 7, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or IM Capsule; (b) suspend your use of the Services and/or IM Capsule; and/or (c) suspend the use of the Services and/or IM Capsule for persons we believe to be connected (in whatever manner) to you, if:
7.4.1you commit any breach of these Terms and Conditions of Use;
7.4.2we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
7.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
Our rights under this Clause 7 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8. DISCLAIMER AND EXCLUSION OF LIABILITY
8.1 IM Capsule, the Services, the information on IM Capsule and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
8.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to IM Capsule and its contents, including in relation to any inaccuracies or omissions in IM Capsule, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
8.3 We do not warrant that IM Capsule will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that IM Capsule will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
8.4 While we may use reasonable efforts to include accurate and up-to-date information on IM Capsule, we make no warranties or representations as to its accuracy, timeliness or completeness.
8.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with IM Capsule and the services offered in IM Capsule, your access to, use of or inability to use IM Capsule or the services offered in IM Capsule, reliance on or downloading from IM Capsule and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
8.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with IM Capsule and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
8.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to IM Capsule, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Capsule Media Co., LTD, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
11. INTELLECTUAL PROPERTY RIGHTS
11.111.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on IM Capsule are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
11.2 Nothing contained on IM Capsule should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on IM Capsule without our written permission. Misuse of any trademarks or any other content displayed on IM Capsule is prohibited.
11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
12.1 We may periodically make changes to the contents of IM Capsule, including to the descriptions and services, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of IM Capsule.
12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on IM Capsule and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
13. APPLICABLE LAW AND JURISDICTION
13.1 IM Capsule can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing IM Capsule both you and we agree that the laws of the Republic of Korea, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of IM Capsule.
13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of Korea in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.