This agreement applies for non-Korean users. The Korean Terms of Use applies to Korean users only.
Welcome!
This page stipulates the terms for using D_Emptyspace (the “Site”, “Service”) and DIFT Corporation’s ( “DIFT”, “company”, “we,” “our” or “us”) software, website, mobile application and online services, and any other software provided on or in connection with the D_Emptyspace services including the Software, Mobile Software, iTunes-Sourced Software, and the Beta Services (collectively called the “Service”), so please read them (this “Terms of Use”) carefully before using the Service.
These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
In certain occasions, we may offer a special feature that has its own terms and conditions that will apply additionally to these Terms of Use. In this case, the terms specific to the special feature will be effective until stated otherwise in those Terms of Use. If you have any inquiries, feel free to contact us at [email protected].
Basic Terms
- This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. You may use the Service only if you can form a binding contract with D_Emptyspace, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Accordingly, use of the Service by anyone under eighteen (18) years of age will require verifiable consent of such individual’s parents or legal representatives. We reserve the right to request reasonable proof of such consent, and you must provide such proof within a reasonable period of time (no longer than three (3) business days) following that request. The Service is not available to any Users previously banned from the Service by DIFT CORP.
Summary: The use of our Service by anyone under eighteen (18) years of age is strictly prohibited. If you want to use our Service, you have to be able to agree to these terms via your parents or legal representatives.
- You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or similar contents on our Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, usernames, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, D_Emptyspace prohibits the aforementioned activities and you agree that you will not create an account for anyone other than yourself. You also assure that all information you provide or provided to D_Emptyspace upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login information of other D_Emptyspace users.
- You are responsible for keeping your password secret and safe. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate other people and entities and you must not post private or confidential information via the Service, including but not limited to, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You must not use the Service for any illegal or unauthorized purpose. You agree to obey all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Contents (defined below), including, without limitation, copyright laws. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it associated with the Service or D_Emptyspace.
- You must not access D_Emptyspace’s private API by means other than those permitted by D_Emptyspace. Use of D_Emptyspace’s API is subject to a separate set of terms. Please refer to API Terms of Use.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a.k.a. “spam”) to any D_Emptyspace users.
- You must not use domain names or web URLs in your username without prior written consent from D_Emptyspace.
- You must not interfere or disrupt the Service, servers or networks connected to the Service, including transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any D_Emptyspace page is rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict other users from using or enjoying the Service and you must not encourage or facilitate breaches of these Terms of Use or any other D_Emptyspace terms. Breach of these Terms of Use may, in D_Emptyspace’s sole discretion, result in termination of your D_Emptyspace account. You understand and agree that D_Emptyspace cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for D_Emptyspace, we can stop providing all or part of the Service to you.
- You can use “Credits” granted to you from us as means of our private cyber service via various events on our site for paying the delivery for example, after you have accumulated them.
- “In-App Payment” means the actual payment act within the application for purchasing space or rental service.
General Conditions
1.We have the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without your liability. You can deactivate your D_Emptyspace account by requesting the account deactivation via email to [email protected].
If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, criticisms, feedbacks, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may remain and appear within the Service (e.g., if your Content has been re-shared by others). Upon termination, all licenses and other rights granted to you in these Terms of Use will
2. We have the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) periodically. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become valid. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the valid date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Accordingly, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that moment onward. These Terms of Use will govern any disputes arising before the valid date of the Updated Terms.
3. We have the right to refuse access to the Service to anyone for any reason at any time.
4. We have the right to force forfeiture of any username for any reason. You may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion breaches these Terms of Use.
5. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that D_Emptyspace is not responsible or liable for the conduct of any user. D_Emptyspace has the right, but has no obligation, to monitor or become involved in disputes between you and other users. Use common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
6. There may be links from the Service, or from communications you receive from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third party websites or features in images or comments within the Service. The Service also includes third party content that we do not control, maintain or support. Functionality on the Service may also permit interactions between the Service and a third party website or feature, including applications that connect the Service or your profile on the Service with a third party website or feature. For example, the Service may include a feature that enables you to share Contents from the Service or your Contents with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third party service and you do so at your own risk. D_Emptyspace does not control any of these third party web services or any of their contents. You expressly acknowledge and agree that D_Emptyspace is, by no means, responsible or liable for any such third party services or features.
7. Your correspondences and business dealings with third parties found through the Service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (1) if you use an application to share information, you are consenting to information about your profile on the Service being shared; (2) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if D_Emptyspace has not itself provided such information; and (3) your use of an Application is at your own option and risk, and you will not hold the D_Emptyspace Parties (defined below) liable for activity related to the Application.
8. You agree that you are responsible for all data charges you cause through use of the Service. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with D_Emptyspace’s express content).
Supply of Space Selling and Rental Service
1. We can offer Space Selling and Rental Service.
2. The purchaser can request refund within 7 days (if there are only 3 working days in a week, then within these 3 working days) after the purchase of the space and rental service from us. However, exceptions are as below:
(a) If the use starts immediately after the purchase or if it is applied to the service.
(b) If additional incentive is used right after the purchase of the service including that additional incentive.
(c) If certain parts of the service package has been used.
3. If the purchaser cancels the service under the paragraph 2. Above, we refund you within three working days.
4. If the purchaser can not use the service he/she has purchased on grounds of our failure, we will refund you on the periodical basis. As regards to the Purchase, periodical basis of ten-years will apply.
5. Payments for the service can be made directly to us as well as to the In-App. For the In-App payments however, the payment restrictions for each payment mechanisms can be granted or adjusted depending on each policy of relevant companies or payment companies(such as mobile companies or the AppStores).
6. In case of In-App payment, it might be compulsory to follow the payment mechanism offered by the AppStore, and in this case, the refund conditions can be processed only in line with the refund policy of the AppStore regardless of the paragraphs 2., 3., 4. above. It is advisable to read carefully the refund policy of the AppStore regardingly.
Rights
1. D_Emptyspace does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to D_Emptyspace a non-exclusive, and royalty-free transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy. Please refer to terms on Privacy Policy. You can choose who can view your contents and activities, including your photos, as described in the Privacy Policy.
2. Some of the Services are supported by advertising revenue and may display advertisements and promotions and you hereby agree that D_Emptyspace may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
3. D_Emptyspace may use your Content for purpose of advertising and marketing the Service without specific notice to you, unless you notify in writing D_Emptyspace of your intention of not allowing us to use your Content for that purpose.
4. You agree the Content posted by you may be shared or linked to other internet sites by other users.
5. You represent and warrant that: (1) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (2) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (3) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (4) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
6. The Service contains content owned or licensed by D_Emptyspace (“D_Emptyspace Content”). D_Emptyspace Content is protected by copyright, trademark, patent, trade secret and other laws D_Emptyspace owns and retains all rights in the D_Emptyspace Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the D_Emptyspace Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the D_Emptyspace Content.
7. The D_Emptyspace name and logo are trademarks of D_Emptyspace, and must not be copied, imitated or used, in whole or in part, without the prior written permission of D_Emptyspace. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of D_Emptyspace, and may not be copied, imitated or used, in whole or in part, without prior written permission from D_Emptyspace.
8. Although it is D_Emptyspace’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, with limitation, for scheduled maintenance, or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, D_Emptyspace has the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by D_Emptyspace, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, D_Emptyspace encourages you to maintain your own backup of your Content. In other words, D_Emptyspace is not a backup service and you agree that you will not reply on the Service for purposes of Content backup or storage.
9. D_Emptyspace will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
10. You agree that D_Emptyspace is not responsible for, and does not endorse, Content posted within the Service. D_Emptyspace does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
11. Except as otherwise described in the Service’s Privacy Policy, as between you and D_Emptyspace, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with D_Emptyspace is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place D_Emptyspace in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of D_Emptyspace and D_Emptyspace will not be liable for any use or disclosure of any Content you provide.
12. It is D_Emptyspace’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, D_Emptyspace does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that D_Emptyspace is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Seller Terms and Conditions
1. As a Member, you may submit listings for original works of art (“Original Works of Art”) that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art that were created by another artist. As a Member you may also submit listings for digital images of works of art (“Digital Works”) that you have created and that you desire to commercially exploit through the Site and Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide D_Emptyspace with all the information requested on the applicable page of our Site and you must comply with any other D_Emptyspace requirements as identified on such page.
2. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing D_Emptyspace with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with D_Emptyspace's then-current listings content guidelines. D_Emptyspace reserves the right to edit any listings to ensure that they comply with these guidelines.
3. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
4. You acknowledge that D_Emptyspace reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art.
5. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Site - please see below for instructions. If you want to remove a listing for an Original Work of Art or Digital Work from the Site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
6. You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that: (1) as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (2) as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to D_Emptyspace the rights in such Digital Works as contemplated under these Terms; and (3) neither the Original Works of Art nor Digital Works that you make available through the Site and Services nor D_Emptyspace's use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. If you submit listings for Original Works of Art, you hereby appoint D_Emptyspace as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant D_Emptyspace a worldwide, transferable, non-exclusive, right and license, with a right to sublicense, to: (1) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels; and (2) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting D_Emptyspace, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.
8. D_Emptyspace and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or D_Emptyspace’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between D_Emptyspace and the third party website or D_Emptyspace’s Offline Sales partner, as applicable, to D_Emptyspace and share related shipping information, including the contact details of the purchaser where necessary, with D_Emptyspace.
9. If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a D_Emptyspace preferred shipper account, D_Emptyspace will pay the cost of shipping first and deduct the shipping cost when D_Emptyspace wires the cost of the artwork to you. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to D_Emptyspace if you are using a D_Emptyspace preferred shipper.
Purchase Terms and Conditions
1. As a Member, you may purchase Original Works of Art that are listed by other Members on the Site. When you purchase an Original Work of Art through the Site and Services, you are purchasing the work from D_Emptyspace and not from the Member identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing.
2. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt.
3. D_Emptyspace and/or its third party service providers will collect your billing and shipping information and process your payment. The terms and conditions of D_Emptyspace's then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services. When you purchase Original Works of Art via Online Sales (other than via the Site and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
4. D_Emptyspace reserves the right to cancel any order for an Original Work of Art placed via the Site and Services if D_Emptyspace determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If D_Emptyspace cancels an order placed via the Site and Services, D_Emptyspace will send you an email confirmation of such cancellation and you will not be charged for your order.
5. All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. Dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works, you acknowledge that D_Emptyspace will withhold the Taxes required to be withheld from the payments D_Emptyspace makes to you.
6. If you are a purchaser of Original Works, you acknowledge that D_Emptyspace will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
Disclaimer of Warranties
THE SERVICE, INCLUDING WITHOUT LIMITATION, D_Emptyspace CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER D_Emptyspace NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “D_Emptyspace PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE D_Emptyspace CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO D_Emptyspace OR VIA THE SERVICE. IN ADDITION, THE D_Emptyspace PARTIES HEREBY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE D_Emptyspace PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE D_Emptyspace PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION, INCLUDING ANY INSTRUCTIONS, ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE D_Emptyspace PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE D_Emptyspace PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
Limitation of Liability
WAIVER UNDER NO CIRCUMSTANCES WILL THE D_Emptyspace PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE D_Emptyspace CONTENT; (C) USER CONTENT; (D) YOUR USE OF INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE D_Emptyspace PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE D_Emptyspace PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE), IN NO EVENT WILL THE D_Emptyspace PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE D_Emptyspace PARTIES BE TOTALLY LIABLE TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF D_Emptyspace’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, PREVENTING EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE D_Emptyspace PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCTION, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE D_Emptyspace PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIM THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR COUNTRIES OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” D_Emptyspace IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTIONS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at D_Emptyspace’s request), indemnify and hold the D_Emptyspace Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (1) your Content or your access to or use of the Service; (2) your breach or alleged breach of these Terms of Use; (3) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (5) any misrepresentation made by you. You will cooperate as fully required by D_Emptyspace in the defense of any claim. D_Emptyspace reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of D_Emptyspace.
Governing Law & Venue
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of Korea. You agree to the personal jurisdiction by and venue in the Courts in Seoul, Korea, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between D_Emptyspace and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Entire Agreement
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject D_Emptyspace to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that D_Emptyspace provides. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The effective date of these Terms of Use is May 24, 2019. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version prevails.
