K-ARTNOW Website Terms & Conditions: updated on 27 September 2021
BY
USING THE WEBSITE WWW.K-ARTNOW.COM SITE YOU ACCEPT THESE TERMS. IF YOU DO NOT
AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE. WE RESERVE THE RIGHT TO
REVISE THESE TERMS AND WILL PUBLISH THE CURRENT VERSION HERE, ON THIS WEB PAGE THESE TERMS WERE LAST UPDATED ON THE DATE SHOWN
ABOVE.
Who we are: we are a Republic of Korea limited company Aproject Company Co.,Ltd., registered in Republic of Korea under the company number 110111-7876935. Our trade name is K-ARTNOW. Our VAT number is 8948801945
Who we do: we publish the International Edition of K-ARTNOW K-ARTNOW.COM, our Newsletter, we operate the website and run K-ARTNOW.COM social media accounts:
To contact
us, please email or
mail us at Dosan-daero, Gangnam-gu, 06047 Seoul, Korea or telephone our
customer service line on +42(0)507 1461 7815
You may
save a copy of these terms and store it on your private device for your own
future reference. Please note that these terms and any other material on our
websites are K-ARTNOW’s or out licensors’ intellectual property. Those works
are protected by copyright laws and treaties around the world. All such rights
are reserved
Your use of the material on the website: You must not modify the paper or digital copies of any materials you have copied or downloaded from our websites for personal use, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Credits: K-ARTNOW’s status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Linking
to our website(s): You may
link to our home page or the material you are commenting on which we published
on our websites, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it. You must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
If you
wish to link to or make any use of content on our site other than for personal
non-commercial use, please contact us by email.
We reserve the right to withdraw linking permission without notice.
Our
trademarks: K-ARTNOW is the registered trademark.
Other
policies which may apply to your use of our websites: These Terms of use refer
to the following additional terms, which also apply to you:
We may suspend or withdraw our site: our site is made available subscription system. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business, operational and technical reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Your subscriber’s profile: if you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you knows your access code or password, you must promptly notify us. You agree to keep your subscriber’s profile up to date. If in our reasonable opinion, you fail to comply with these Terms, we reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.
We do not provide professional advice: The materials published by K-ARTNOW are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our publications. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Links to external websites: we are not responsible for websites we link to: where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
User-generated
content on our
websites, subscribers’ forums and third party commentary on our social media
fields is not approved by us: This website may include information and
materials uploaded by other users of the site. This information and these
materials have not been verified or approved by us. The views expressed by
other users on our site do not represent our views or values. If you wish to
complain about information and materials uploaded by other users please contact us.
Any
content you upload to our site will be considered non-confidential and
non-proprietary. You retain all of your ownership rights in your content, but
you are required to grant us a limited licence to use, store and copy that
content and to distribute and make it available to third parties.
We also
have the right to disclose your identity to any third party who is claiming
that any content posted or uploaded by you to our site constitutes a violation
of their intellectual property rights, or of their right to privacy. We have
the right to remove any posting you make on our site if, in our opinion, your
post does not, in our view, comply with our content standards.
You are
solely responsible for securing and backing up your content.
We are
not responsible for malware and you must not introduce them. We do not
guarantee that our site will be secure or free from bugs or malware. You are
responsible for configuring your information technology, computer programmes
and platform to access our site. You should use your own virus protection
software.
You must not misuse our site by knowingly
introducing viruses, trojans, worms, logic bombs or other material that is
malicious or technologically harmful. You must not attempt to gain unauthorised
access to our site, the server on which our site is stored or any server,
computer or database connected to our site. You must not attack our site via a
denial-of-service attack or a distributed denial-of-service attack. By
breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to
use our site will cease immediately
Our responsibility for loss or damage suffered by you: we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a consumer user: please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any damage to your device or data where such damage is caused by our provision of defective digital content, if the damage could have been avoided should you have maintained the reasonable system safety precautions, like running an up-to-date anti-virus software.
Which country’s laws apply to any disputes? These terms of use, their subject matter and their formation, are governed by Republic of Korean law. You and we both agree that the courts of Republic of Korea will have exclusive jurisdiction.
1.1. We
are Aproject Compnay Co.,Ltd. (""we", "us", or
"our"), a limited company registered in Republic of Korea and our
registered address is 216, Dosan-daero, Gangnam-gu, 06047 Seoul, Korea. Our
company number is 110111-7876935, our VAT registration number is 8948801945 and
our data protection registration number is 제 2021-서울강남-04243 호.
1.2. These
Terms and Conditions apply whenever you:
Use K-ARTNOW.COM
mobile and online digital apps and services (together “K-ARTNOW.COM”) and
access the content and services available on them including the Aproject
Company Co.,Ltd., (the “K-ARTNOW.COM”) (together, the “KAN Content”); and
purchase access to K-ARTNOW.COM, and the KAN Content (together, the "KAN
Services") on a subscription basis.
1.3. You
should read these Terms and Conditions carefully before using K-ARTNOW.COM
and/or KAN Content or subscribing to the KAN Services. By accessing, using or
subscribing to any of the above, you agree to be bound by these Terms and
Conditions (as applicable) and the documents referred to in them.
1.4. If
you access K-ARTNOW.COM under an organisation’s subscription agreement, then
your access is primarily governed by the subscription agreement between us and
that organisation. In the event of any conflict between these Terms and
Conditions and the organisation's subscription agreement (as applicable), the
terms of the organisation's subscription agreement shall prevail to the extent
of the inconsistency only. If you have any questions about the KAN Services or
if you have any difficulties usingtheartnewspaper.com, please email us at bellpark.aproject@gmail.com
Your
Subscription to the KAN Services
individual subscriptions:
The
above are referred together as "the Subscriptions" and individually
as a "Subscription". Please note that separate and/or additional
terms and conditions may apply to any trial subscriptions that we may offer in
the future. Any such additional terms shall be clearly indicated.
2.2. You
may purchase a Subscription by submitting an order and providing the sign up
details on K-ARTNOW.COM or by contracting our subscriptions department. We will
only accept your order when we have successfully verified your email address,
processed your payment details and emailed you to confirm this.
2.3. We
will try to process your Subscription order promptly but cannot guarantee
activation by any specified time. We may reject any Subscription order in our
discretion. You confirm that your sign up and payment details are complete and
accurate, and that you are entitled to purchase a Subscription using those sign
up and payment details. It is your responsibility to update and maintain
changes to your sign up details on the Profile section. Individual
subscriptions are for a single user only. We may cancel or suspend your
individual Subscription account if you share your access rights with any third
parties, or attempt to allow third parties to avoid our control of access
totheartnewspaper.com.
2.4. You
agree to pay the Subscription fees at the rates and in the currency displayed
during the Subscription process. Prices may vary from time to time and by
country, and Subscriptions may be available on a one-off, monthly, annual or
other basis. Discount offers are as stated at the time you subscribe and cannot
be changed during the term of your subscription. Unless otherwise indicated,
prices stated are inclusive of any applicable value added tax (VAT) or other
sales taxes. The breakdown of any VAT will be indicated on the relevant
invoice.
2.5. If
we do not receive payment authorisation or any authorisation is subsequently
cancelled, we may immediately terminate or suspend your Subscription.
2.6. We
will give you at least 14 days’ notice of any increase in the price of your
Subscription, which will take effect at your next renewal date.
2.7. If
we incorrectly state a price online or otherwise, we are not obliged to provide
you with a Subscription at that price, even if we have mistakenly accepted your
offer to buy a Subscription. If we notify you of a pricing error, you may
cancel the Subscription and we will refund you any money paid, or you may pay
the correct price. If you do neither, we may cancel your Subscription and
refund any money you have paid. We will always act in good faith in determining
whether a genuine pricing error has occurred.
2.8. If
you are entitled to a refund we will credit that refund to the card or other
payment method you used to submit payment, unless it has expired in which case
we will contact you to arrange.
2.9. In
addition to the Subscription fees you are responsible for paying for any:
broadband, mobile, data, messaging or other internet connection and
telecommunications charges that you may incur by accessing KAN Content; charges
that may be levied by your bank or credit card issuer (for example foreign
transaction fees on transactions which take place abroad or in a foreign
currency).
2.10. We
will do all that we reasonably can to ensure that all of the information you
give us when paying is secure by using an encrypted secure payment mechanism.
However, in the absence of negligence on our part, any failure by us to comply
with this contract or our Privacy Policy or breach by us of our duties under
applicable laws, we will not be legally responsible to you for any loss that
you may suffer if a third party gains unauthorised access to any information
that you give us.
2.11. Digital
Subscriptions:
By
placing your order for a Digital Only Subscription subject to these Terms and
Conditions, you agree that we may start your Subscription immediately upon our
acceptance of your order and that you waive your statutory right to cancel our
contract within 14 days of our confirmation email.
This
means that you lose your right to cancel this contract once we have provided
confirmation via email of your Digital Subscription (see section 2.3 above) and
that any notice of cancellation that you provide (whether before or after the
14-day period) will only take effect at the end of your current subscription
period. You will not be entitled to a refund except in the event that there is
a fault in our provision of our KAN Services.
2.18. We
may suspend or terminate your Subscription if we are prevented from providing
services to you by circumstances beyond our control, or if we cease publishing
the Newspaper ortheartnewspaper.com or TAN Services. If we terminate for any of
these reasons, we will provide you with a pro rata refund.
2.19. We
may also suspend or terminate your Subscription, without refund, if you breach
these Terms and Conditions, or in the event of any verbal or written abuse of
any kind (including abusive, offensive or aggressive language) directed towards
our customer care team, other TAN personnel, or any member of the public, with
or without notice and without further obligation to you.
2.20. If
you are not a Subscriber, then we may suspend or terminate your access to the
TAN Content at any time, with or without notice and without further obligation
to you.
2.21. If
you are entitled to a refund, we will make the reimbursement without undue
delay, and not later than 14 days after the day on which we are informed about
your decision to cancel your Subscription.
2.22. We
will make the reimbursement using your registered payment details detailed.
Additional charges may apply if we are required to reimburse to any other
credit card or bank.
2.23. Unless
you notify us at least 14 days before the end of your current subscription
period that you wish to cancel, your subscription will continue to renew for
further equivalent periods and will be subject to these Terms and Conditions.
We will charge the subscription using the same card or other payment method
that you previously used. In the case of annual subscriptions, we will send you
a reminder notice at least 14 days before the renewal date stating the rate
that will apply for the renewal period
3.1. K-ARTNOW.COM
and KAN Content and all intellectual property rights in each are owned by us,
our licensors or both (as applicable). Intellectual property rights means
rights such as: copyright, trade marks, domain names, design rights, database
rights, patents and all other intellectual property rights of any kind whether
or not they are registered or unregistered (anywhere in the world). We reserve
all of our rights in any intellectual property in connection with these Terms
and Conditions. This means, for example, that we remain owners of them and free
to use them as we see fit.
3.2. Nothing
in these Terms and Conditions grants you any legal rights in K-ARTNOW.COM or
the KAN Content other than as necessary to enable you to access K-ARTNOW.COM
and use the KAN Services. You agree not to adjust, to try to circumvent or
delete any notices contained on K-ARTNOW.COM (including any intellectual
property notices) and in particular in any digital rights or other security
technology embedded or contained within K-ARTNOW.COM
3.3. "K-ARTNOW"
is a registered trade marks and you may not use it without written permission
from KAN. You are permitted to use the KAN Content only as set out in
our Copyright Policy.
3.4. You
agree to comply with our Copyright Policy when using KAN Content. You
are responsible for all use of KAN Content whether accessed without a
Subscription as a registered user, under your Subscription, or under your
organisation’s Subscription.
3.5. The
amount and types of KAN Content that you can view depend on what type of
subscription you have. If you already have a subscription, details of your
access rights can be found at Profile. We may vary or cancel the access rights
of non-paying users at any time.
3.6. On
registration, you will choose a user name and password (“ID”). It is your
responsibility to keep your ID confidential. All information received by us
from your use of KAN Content will be used by KAN in accordance with
our Privacy Policy.
3.7. If
you believe there has been any breach of security such as the disclosure or
unauthorised use of your ID or any payment information, you must notify KAN
immediately by e-mailing us at bellpark.aproject@gamil.com. We recommend
that you do not use K-ARTNOW.COM’s “Remember me” log in feature on any device
that may be used by anyone other than you in order to prevent unauthorised
access to the K-ARTNOW.COM and your Subscription details.
3.8. K-ARTNOW.COM
includes comments sections, blogs and other features that allow interaction
between users and between users and KAN journalists (“Forums”). If you post
information to these Forums (“User Generated Content” or “UGC”) then you must
comply with our guidance for commenting on articles plus any specific
rules posted on the Forum. You are responsible for all the content of any of
your UGC that you or we publish. You are financially responsible to us for any
claim against us by any third party that your UGC is not in accordance with
these Terms and Conditions or that otherwise relates to your UGC.
3.9. You
own the copyright in your UGC, and you agree to grant KAN a right (but not an
obligation) unlimited in time to publish, re-use, archive, modify, delete or
commercially exploit that UGC in whole or in part as we see fit, whether on
K-ARTNOW.COM or otherwise, without any requirement to pay you for this and with
or without attribution to you. You also waive any moral rights that you may
have in regard to the UGC.
3.10. You
agree that you will: only post original content and not infringe the copyright
or other rights of any third party; not post any UGC containing any form of
advertising or promotion for goods and services or any form of unsolicited
communication; not post any confidential information of a third party; not post
any recommendations to buy or not buy a particular share or investment or which
otherwise has the purpose of affecting the price or value of any share or other
investment; not post anything that is threatening, offensive, libellous,
indecent or unlawful; not post anything that is discriminatory in nature, for
example, comments which make attacks on the grounds of race, religion, sex,
gender, sexual orientation, disability or age; respectfully challenge different
points of view but not personally attack other commentators. Not disguise the
origin of any UGC and not impersonate any person or entity (including KAN
employees or Forum guests or hosts) or misrepresent any connection with any
person or entity; not post any UGC unrelated to the Forum or the Forum’s topic;
not post any UGC that contains software viruses, files or code designed to
interrupt, destroy or limit the functionality oftheartnewspaper.com or any
computer software or equipment; not collect or store other users’ personal
data; not restrict or inhibit any other user from using the Forums;
3.11. It
is not possible for KAN to fully monitor all UGC published on K-ARTNOW.COM but
where we have actually received notice of any UGC that is potentially
misleading, untrue, offensive, unlawful, infringes third party rights or is
potentially in breach of these Terms and Conditions, then we will review that
UGC, decide whether to remove it from K-ARTNOW.COM and act accordingly. This
may include banning a user from participation in UGC on K-ARTNOW.COM. If you
are aware of any such UGC, please notify us immediately with specific details
by contacting us at bellpark.aproject@gmail.com
3.12. We
can link your UGC, including anything posted under a pseudonym, to your
K-ARTNOW.COM account. Our moderation and community team may contact you from
time to time regarding your UGC.
3.13. While
we try to make sure thattheartnewspaper.com and all KAN Content is accurate,
up-to-date and free from bugs, we cannot promise that it will be. Furthermore,
we cannot promise that K-ARTNOW.COM will be fit or suitable for any purpose.
Any reliance that you may place on the information on K-ARTNOW.COM is at your
own risk.
3.14. KAN
Content is provided for your general information purposes only and to inform
you about us and our products and news, features, services and other websites
that may be of interest. It does not constitute technical, financial or legal
advice or any other type of advice and should not be relied on for any
purposes.
3.15. We
may suspend or terminate operation of K-ARTNOW.COM or any part thereof at any
time as we see fit.
3.16. While
we try to make sure that K-ARTNOW.COM is available for your use, we do not
promise that K-ARTNOW.COM is available at all times nor do we promise the
uninterrupted use by you of K-ARTNOW.COM.
3.17. K-ARTNOW.COM
may contain hyperlinks or references to third party websites and third party
products. Any such hyperlinks or references are provided for your convenience
only. We have no control over third party websites and accept no legal
responsibility for any products, content, material or information contained in
them. The display of any hyperlink and reference to any third party website or
third party product (including any advert or sponsor) does not mean that we
endorse that third party's website, products or services. Your use of a third
party site may be governed by the terms and conditions of that third party
site.
3.18. Any
agreements, transactions or other arrangements made between you and any third
party named on (or linked to/from) K-ARTNOW.COM are at your own responsibility
and entered into at your own risk.
4.1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
5.1. KAN
makes no warranty, express or implied, regarding your Subscription,
K-ARTNOW.COM, KAN Content or KAN Services, which are provided 'as is'. We
expressly disclaim all warranties to the extent permitted by law, including but
not limited to warranties of fitness for a particular purpose
5.2. Except
for any legal responsibility that we cannot limit or exclude in law (such as
for death or personal injury), in the event that you suffer any losses
arising in connection with your Subscription, or your use of K-ARTNOW.COM, KAN
Content or KAN Services:
(a) our total liability to you shall not exceed the total sums paid by you for
your current Subscription; and
(b) we shall not be liable or legally responsible in any way (whether in
contract, tort (including negligence) or otherwise) for:
(i) any loss that was not foreseeable to you or the KAN when the contract was
formed;
(ii) any loss that was not caused by any breach on KAN’s part;
(iii) any business loss (including business interruption, or loss of revenues,
sales or business opportunity);
(iv) any loss of profits, anticipated savings, goodwill, reputation, or data;
(v) any loss of use or corruption of software or technical equipment;
(vi) any loss to non-consumers; and
(vii) any indirect or consequential loss
in each case even if we have been advised that such damages may arise.
5.3. The
limitations of liability in this section 5 apply for the benefit of TAN, its
affiliates, including those listed in section 6 and all of their respective
officers, directors, employees, agents or any company who we transfer our
rights and obligations to in accordance with these terms and conditions.
6.1. If
you buy a Digital Only or Complete Individual or Group Subscriptions, then you
will be contracting with Aproject Company Co.,Ltd., whose principal place of
business is 216, Dosan-daero, Gangnam-gu, 06047 Seoul, Korea.
6.2. Aproject
Company Co.,Ltd. is the publisher of the K-ARTNOW.COM, and its corporate
details are as set out in section 1.1.
7.1. These
Terms and Conditions were published on September 1, 2024 and
replace with immediate effect the terms and conditions published previously.
7.2. We
may update these Terms and Conditions for legal or regulatory reasons, or to
reflect changes in our services or business practices. We will provide notice
of any significant changes below. You should regularly check this
section to see if any changes have been made. If you are a paying
subscriber, any changes to our terms and conditions will become effective from
the date of your next payment following the change unless we notify you
otherwise. If you are not a paying subscriber, any changes will become
effective as soon as we post them on K-ARTNOW.COM.
8.1. If
you are a user whose principal address or principal use of K-ARTNOW.COM occurs
in any jurisdiction other than anywhere these Terms and Conditions will be
subject to Korean law. In this case, to the extent possible in the applicable
jurisdiction, both you and we agree that the courts of the Republic of Korea
will (subject to the final paragraph in this section 8) have non-exclusive
jurisdiction to settle any dispute which may arise out of, under, or in
connection with these Terms and Conditions.
8.2. If
you are a user whose principal address or principal use of K-ARTNOW.COM occurs
anywhere these terms and conditions will be subject to the laws of Seoul,
without regard to its conflict of laws provisions. In this case, to the extent
possible in the applicable jurisdiction, both you and we agree that the courts
of Seoul will (subject to the final paragraph in this section 8) have
non-exclusive jurisdiction to settle any dispute which may arise out of, under,
or in connection with these Terms and Conditions.
9.1. We
shall have no liability to you for any breach of these Terms and Conditions
caused by any event or circumstance beyond our reasonable control including,
but not limited to, strikes, lock-outs or other industrial disputes; epidemic
or pandemic; breakdown of systems or network access; or flood, fire, explosion
or accident.
9.2. You
may not license or transfer any of your rights under these Terms and
Conditions. We may transfer any of our rights or obligations under these Terms
and Conditions to any company within the KAN group of companies, but if we do
so we will ensure that any company to whom we transfer our rights or
obligations will continue to honor your rights under them.
9.3. If
any provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of that provision will not affect
the validity of the remaining provisions of these Terms and Conditions, which
will remain in full force and effect.
9.4. Failure
by either party to exercise any right or remedy under these Terms and
Conditions does not constitute a waiver of that right or remedy. Headings in
these Terms and Conditions are for convenience only and will have no legal
meaning or effect.
9.5. These
Terms and Conditions (together with the documents referred to within these
Terms and Conditions including in sections 1.4 and 2.1) constitute the entire
agreement between you and KAN relating to your use of the KAN Services. They
supersede all previous communications, representations and arrangements, either
written or oral.
9.6. theartnewspaper.com is best viewed with one of
our supported browsers. Our current list of supported browsers is presented
below
Any payment information you send to us over the Internet is encrypted using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
