You must be at least 18 years old to register on or use the kdate.com website. Access or use of this site or its contents by any person under the age of 18 is strictly prohibited. By using the kdate.com Website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member ("Member"). Your continued use of the Website constitutes your acceptance of this Agreement. This Agreement is subject to change, at the discretion of kdate.com, effective upon posting on the Website, and your use of the Website and kdate.com service (“Service”) after such posting will constitute your acceptance of any such changes. By accessing this Website and/or becoming a Member, you consent to have this Agreement provided to you in electronic form.
Kdate.com is an established network for successful, single Korean Americans to meet. It is an online community where one can make a new friend or find a life-long partner who shares similar values, traditions and beliefs. Kdate.com is operated by a/k STUDIO, a California corporation ("Kdate.com" or "we" or "us"). This Agreement sets out the legally binding terms of your use of the Website (except for those terms that are specifically designated as applying only to registered members). Please review these terms. You are welcome to print these terms out for review. You may also receive a copy of this Agreement by emailing us through the Contact Us page on the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
1. Eligibility for Membership. Provided you are at least 18 years of age, you may search and glance through our Member profiles at no cost to you. If you wish to become a Member and communicate with other Members and make use of the Service, read these Terms of Service and indicate your acceptance of them by following the instructions in the Registration process. You must be 18 years old or over to register as a member of kdate.com and use the Service. This Agreement sets out the legally binding terms of your membership in the Service. Membership in the Service is void where prohibited.¨
2. Term and Termination. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions in Account Settings, or on receipt by kdate.com of your notice of termination by email, fax or mail. Kdate.com may terminate your membership for any reason, effective on sending notice to you at the email address you provide in your application for membership or another email notice address that kdate.com received from you. If kdate.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Kdate.com may terminate your account at any time, for any reason, in its absolute discretion and is not required to provide you advance notice of such termination. Upon termination of your membership or subscription, the terms of this Agreement will continue to remain in effect and all terms that may survive termination shall be deemed to survive such termination. Auto-Renewal Policy. To ensure you enjoy uninterrupted use of the Service, if you have purchased a membership plan other than an annual plan, your membership will automatically renew 24 hours before expiration. You may disable Automatic Renewal after purchase in the Account Information section, via the Cancel Account link. Additionally, you may terminate your membership at any time, for any reason, by following the Cancel Account instructions on the Account Information tab in Account Settings, or on receipt by kdate.com of your notice of termination by email, fax or mail. Following cancellation, you will continue to have full access to your membership for the remainder of the term for which you have paid, provided you otherwise are in compliance with this Agreement. Refunds will not be issued for early cancellation. By providing us with your payment information, you authorize and instruct us to bill your credit card account for the amount of your initial subscription fee, and to bill that account again each time that the current term of your subscription is about to expire in the future. If at any time you do not want to automatically renew your subscription in the future, please make appropriate changes in the Account Information section, located under “Account”, off of the header navigation.
3. Member ID and Password. As part of the member registration process, you will be asked to select a user name (“Member ID”) and password. We may refuse to accept any Member ID for any reason, including that the proposed Member ID impersonates someone else, is or may be illegal, is or may be protected by trademark or otherwise infringes on other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You may have only one Member ID. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available at the 'My Home' Page after logging on to Kdate.com, and immediately notify us by emailing us at info@kdate.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Unauthorized Use. The Website and the Service are for the personal use of individuals only, for purposes consistent with the Website and Service and this Agreement. You may not use the Website or Service in connection with any commercial or group activities or resell the Service. Organizations, companies or businesses may not become Members and may not use the Service or the Website for any purpose. Collecting Member IDs or email addresses of members, or other information on the Website, by electronic or other means, is prohibited. Framing of or linking to the Website without written permission from us is prohibited. Use of this Website and Service is solely with the permission of kdate.com, which may be revoked by kdate.com in its sole and absolute discretion.
5. Proprietary Rights. Kdate.com and its licensors own and retain all proprietary rights in the Website and the Service. The Website contains copyrighted materials, trademarks, and other proprietary information of kdate.com and its and licensors. You may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary material or information.
6. Content Posted by You on the Website.
You are solely responsible for any content, including without limitation, profiles, photos and messages (collectively, "Content") that you publish or display (hereinafter, "post") on the Website or via the Service, or transmit to other Members.
By posting Content to any public area of kdate.com, you automatically grant, and you represent and warrant that you have the right to grant, to kdate.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and sell such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You understand and agree that kdate.com may review and remove any Content that in the sole and absolute judgment of kdate.com violates this Agreement or which, in the sole discretion of kdate.com, might be offensive or illegal or might violate the rights of, harm, or threaten the safety of Members.
The following is a partial list of the kind of Content and actions that are prohibited on the Website. Kdate.com reserves the right to investigate and take appropriate action in its sole discretion (including notifying legal authorities) against anyone who violates this provision, including without limitation, removing the offending communication from the Website and Service and terminating the membership of such violators. It includes Content and actions that: may be patently offensive to Website users, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes or enables unauthorized copying of another person's copyrighted or other proprietary work, such as providing computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing music or links to music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
exploits anyone under the age of 18 in a sexual or violent manner; solicits personal information from anyone under 18;
provides instructional information about illegal or potentially harmful activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial, unauthorized or unlawful purposes from other users; engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so; cause the posting, emailing or otherwise transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or otherwise is inappropriate for the Website, in kdate.com’s sole and absolute judgment.
You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although kdate.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, kdate.com reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number which kdate.com deems appropriate in its sole discretion.
It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. kdate.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
You acknowledge that kdate.com may or may not pre-screen Content, but that kdate.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Website and/or Service. Without limiting the foregoing, kdate.com and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by kdate.com or submitted to kdate.com, including without limitation information in all other parts of the Website and/or Service.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. kdate.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: info@Kdate.com
8. Member Disputes. You are solely responsible for your interactions with other Kdate.com Members. Kdate.com reserves the right, but has no obligation, to monitor disputes between you and other Members, arising from or related to the Website and/or Service.
9. Privacy. Use of the Website and the Service is subject to our Privacy Policy, which is part of this Agreement with you. Please refer to our privacy policy for information about our use and disclosure of your information.
10. DISCLAIMERS; NO WARRANTIES. Kdate.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service. Kdate.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Kdate.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Kdate.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Website, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or in connection with the Service. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND KDATE.COM EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Kdate.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
You understand and acknowledge that it is possible for third parties, acting illegally, to access your account and that kdate.com cannot be responsible for this risk or other third party illegal activity. It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Kdate.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
11. Limitation on Liability. You assume full responsibility and risk for your use of the Website and the Service. Under no circumstances will kdate.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. Kdate.com and its affiliates are not liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Website or the Service, even if kdate.com has been advised of the possibility of such damages. If you live in a state whose laws prevent you from taking full responsibility for your use of the service, our liability is limited to the greatest extent allowed by law. Kdate.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to kdate.com for the Service during the term of membership.
12. U.S. Export Controls. Use of this Website is subject to United States export controls. No use of the Website or Service is permitted by (i) any national or resident of any Country to which the U.S. has restricted exports or (ii) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By using the Website or 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.
13. Choice of Law and Forum. If there is any dispute arising out of the use of the Website and/or the Service, you agree that the dispute will be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal exclusive jurisdiction of the courts located in Los Angeles County, in the State of California.
14. Indemnity. You agree to indemnify and hold kdate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.
15. Advertisers and Links. The Website may contain links to third party websites, endorsers or advertisers. The third party websites, endorsers or advertisers are not under the control of kdate.com, and kdate.com is not responsible for the contents, services or goods of any third party websites, endorsers or advertisers. The inclusion of any link is done so only as a convenience and does not imply endorsement by kdate.com of the website or any association or relationship with its operators.
16. No Professional Advice. The information and materials available through the kdate.com Website including the advice of relationship advisers, is for entertainment, information and educational purposes only and is not a substitute for the professional judgment of a licensed mental health practitioner. Kdate.com, the Website and the Services do not provide psychological advice or medical or diagnostic services. Your reliance upon information and materials obtained by you at or through the Website is solely at your own risk.
17. Modification of Website and/or Service. Kdate.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or Service (or any part thereof) with or without notice. You agree that Kdate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Service.
18. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
19. Full Force and Effect. This Agreement, accepted on your use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and kdate.com regarding the use of the Website and the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please report any violations of the Terms of Service to info@kdate.com.
