TERMS OF SERVICE OF 360HEXAWORLD
WELCOME TO THE 360HEXAWORLD WEBSITES AND MOBILE PROPERTIES LOCATEDAT [HTTPS://360HEXAWORLD.COM/], RELATED SOFTWARE APPLICATIONS (SOMETIMES REFERRED TO AS“APPS”), DATA, SMS, APIs, EMAIL, CHAT AND TELEPHONE CORRESPONDENCE, BUTTONS, WIDGETS ANDADs (COLLECTIVELY, ALL OF THESE ITEMS MAY BE REFERRED TO HEREIN AS THE “SERVICES”; MOREGENERALLY, THE 360Hexaworld WEBSITES AND MOBILE PROPERTIES SHALL HEREINAFTER BE REFERRED TOHEREIN AS THE “WEBSITES”).THIS TERMS OF SERVICE AGREEMENT (THIS “TERMS”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU(“YOU,” “YOUR” OR “YOURSELF”) AND DATAKING INC.
THE TERMS “WE,” “OUR,” “US,” “COMPANY” OR“360Hexaworld” IN THIS TERMS REFER TO DATAKING INC, REPUBLIC OF KOREA INC COMPANY, AND THISTERMS GOVERNS YOUR USE OF THE “SERVICES.”PLEASE READ THIS TERMS CAREFULLY PRIOR TO USING THE SERVICES.
BY REGISTERING FOR, USING OROTHERWISE ACCESSING THE SERVICES, YOU ARE CONSENTING TO BECOME A PARTY TO THIS TERMS ANDAGREEING TO BE BOUND BY AND COMPLY WITH OUR (1) TERMS OF SERVICE AND (2) PRIVACY POLICY.THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 13 YEARS OF AGE OR OLDER.
IF YOU ARENOT YET 13 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICES IMMEDIATELY.
IF YOU ARE UNDER 18YEARS OLD, YOU MAY USE THE SERVICES ONLY WITH YOUR GUARDIAN OR PARENTS’ PERMISSION TO USETHE SERVICES.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS TERMS SHALL BE GOVERNED BY AND CONSTRUEDAND ENFORCED IN ACCORDANCE WITH THE LAWS OF STATE OF ROK, REGARDLESS OF YOUR RESIDENCYAND THE LAWS THAT MIGHT OTHERWISE GOVERN UNDER APPLICABLE PRINCIPLES OF CHOICE OF LAW.THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THIS TERMS WILL IN NO WAY AFFECT THEVALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION.
PLEASE DISCONTINUE USING THE SERVICESIMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS ANDCONDITIONS OF OUR (1) TERMS OF SERVICE AND (2) PRIVACY POLICY.WE MAY AT ANY TIME AMEND THIS TERMS, AND IF WE DO, WE WILL NOTIFY YOU BY REVISING THE DATEAT THE TOP OF THE TERMS, AND IN SOME CASES, WE MAY PROVIDE YOU WITH ADDITIONAL NOTICE.
YOUSHOULD REGULARLY REVIEW THE MOST UP-TO-DATE VERSION OF THIS TERMS ON OUR WEBSITE.
UNLESSOTHERWISE NOTES, THE AMENDED TERMS WILL BE EFFECTIVE IMMEDIATELY, AND YOUR CONTINUED USEOF OUR SERVICE WILL CONFIRM YOUR ACCEPTANCE OF THE CHANGES.
IF YOU DO NOT AGREE TO THEAMENDED TERMS, PLEASE STOP USING OUR SERVICES.Welcome to 360Hexaworld! 2 / 10
Thank you for visiting 360Hexaworld by Dataking INC.
We provide a digital marketplace service that allows ourcustomers to buy, sell, and trade graphics in a Voxel form, digital assets, non-fungible tokens (“NFTs”), and othermerchandise.
We provide a marketplace platform for users, including graphic designers or digital artists (“Creators”)and buyers or collectors (“Collectors”), to sell, purchase, and make offers on digital artworks.1.
ACCEPTING THE TERMSA.
Please note that this Terms contains an arbitration clause and class action waiver.
By agreeing to thisTerms, you agree to resolve all disputes through binding individual arbitration, which means that youwaive any right to have the dispute decided by a judge or jury, and you waive any right to participate incollective action, whether that be a class action, class arbitration, or representative action.
B. By clicking on the “I accept” button, completing the account registration process, or using the Services,you accept and agree to be bound and abide by this Terms and all of the terms incorporated herein byreference.
By agreeing to this Terms, you hereby certify that you are at least 13 years of age.
If you donot agree to this Terms, you must not access or use the Services.
2. ACCOUNT REGISTRATIONA.
In order to access or use of our Services, you may be required to create a 360Hexaworld account (“Account”)and become a user (“Registered User”) of the Services.
During the registration process you will be requiredto provide certain information and establish a username and a password.
You agree to provide accurate,current and complete information during the registration process and at other times when you use theServices and to update such information to keep it accurate, current and complete.B.
We reserve the right to refuse to keep Accounts for, or provide Services to, any individual, if we have a validreason thereto.
We also have the right to immediately suspend your account, pause or cancel your accessto the Services, or close your account if we suspect, in our sole discretion, that (a) your account is beingused for money laundering or any illegal activity; (b) you have concealed or provided false identificationinformation or other details; (c) you have engaged in fraudulent activity; (d) you have made transactionsusing inappropriate methods (including but not limited to using stolen funds or payments methods, orattempting to chargeback your payment while retaining or disposing of an item); (e) you are using,employing, or operating bots or other forms of automation and/or multiple accounts to engage in anyactivity; or (f) you have otherwise acted in violation of this Terms.
If we have a reasonable belief that youhave engaged in activities above, we reserve the right, in our sole discretion, to confiscate any purchasespursuant to those activities and/or deem such transactions null and void.
3. USER CONTENTSA.
We allow (a) the Registered Users to create a profile where they can post certain information aboutthemselves, link to other websites, and display digital artworks that they own (collectively, “ProfileInformation”); and (b) Creators to create their graphics in a Voxel form, digital contents or games, NFTs,and bios (collectively, with Profile Information, “User Content”).
All User Content must comply with thisTerms.
B. Any Profile Information you post to the Services will be considered non-confidential and non-proprietary.You represent and warrant that (a) you own and control all rights in and to your User Content and have the 3 / 10 right to grant such licenses to Company and our affiliates and our respective licensees, successors, andassigns; and (b) all of your User Content do and will comply with this Terms.
C. We will not make any claim to any User Content.
Although we are not required to monitor any User Content,we may, in our sole discretion, remove any User Content at any time and for any reason without notice.We may monitor User Contents to detect and prevent fraudulent activity or violation of this Terms.
D. You understand and agree that you are responsible for any User Content you submit or contribute, and you,not Company, have full responsibility for such content, including its legality, reliability, accuracy, andappropriateness.
You represent that you have all necessary rights to all parts of User Content and that youare not infringing or violating any third party’s rights by uploading it.
We are not responsible or liable toany third party for the content, accuracy, or appropriateness of any User Content uploaded by you or anyother users on the Services.
E. By uploading User Contents, you grant Company a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and preparederivative works of User Contents.
This allows Company to provide the Services and to promote360Hexaworld, or the Services in general, in any formats and through any channels, including across anyour Services, our partners, or third-party website or advertising medium.
You agree not to assert any moralrights or rights of publicity against Company for using User Contents.
You also recognize our legitimateinterest in using it, in accordance with the scope of this license, to the extent User Content contains anypersonal information.
F. You have no obligation to provide Company with ideas, suggestions, proposals, or bug or crash reports(“Feedback”).
If you submit Feedback to Company, however, then you also grant Company a non-exclusive,irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell,have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publiclyperform the Feedback.
G. If content that you own or have rights to has been posted to the Services without your permission and youwant it removed, please contact us at [help@dataking.co.kr] immediately.
If any User Content is alleged toinfringe another person’s intellectual property, we will take appropriate action, such as disabling it if wereceive a report of infringement that complies with our policies, or terminating your account if you arefound to be a repeat infringer.
We retain absolute discretion whether to remove or modify any UserContents or take any other action pursuant to any report we receive.
H. We will process and investigate notices of alleged infringement and will take appropriate actions under theDigital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect toany alleged or actual infringement.
A notification of claimed copyright infringement should be emailed to[help@dataking.co.kr] (Subject line: “DMCA Takedown Request”).
4. COMMUNITY RULESA.
When using the Services, you will not directly or indirectly engage in the following conducts:1) Engage in deceptive or manipulative trading activities in any way, including bidding on your own items,preventing bidding, placing misleading bids or offers, or using the Servicesto conceal economic activity;4 / 10
2) Engage in deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflatethe price of a work, simulate demand for work (i.e, “wash trading”), or any other anti-competitivebidding conduct such as but not limited to “puffing,” “chill bidding,” “shill bidding,” “sham bidding,” or“sock puppet bidding”;3) Email, upload, or otherwise distribute any content, including User Content, that (i) infringes anyintellectual property or other proprietary rights of any party; (ii) you do not have a right to do so underany law or under contractual or fiduciary relationships; (iii) contains software viruses or any othercomputer code, files or programs designed to interrupt, destroy or limit the functionality of anycomputer software or hardware or telecommunications equipment; (iv) poses or creates a privacy orsecurity risk to any person or entity; (v) constitutes unsolicited or unauthorized advertising,promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,”“pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful,harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene,pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwiseobjectionable (including any sexual depictions of minors); or (vii) in oursole judgment, is objectionableor which restricts or inhibits any other person from using or enjoying the Services, or which may exposeCompany or other users to any harm or liability of any type;4) Interfere with or disrupt the Services or servers or networks connected to the Services in any mannerthat could negatively affect or inhibit other users from fully enjoying the Services or that could damage,disable, overburden or impair the functioning of the Services in any manner;5) Disobey any requirements, procedures, policies or regulations of networks connected to the Services;6) Coordinate pricing with other Creators;7) Create or list counterfeit items or assets;8) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with aperson or entity;9) Advertise or offer to sell or buy any goods or services for any business purpose that is not specificallyauthorized;10) Further or promote any criminal activity or enterprise or provide instructional information about illegalactivities, including for the purpose of concealing economic activity, laundering money, or financingterrorism;11) Create user accounts by automated means or under false or fraudulent pretenses;12) Access or use the Services to carry out financial activities subject to registration or licensing, includingbut not limited to creating, listing, or buying securities, commodities, options, real estate, or debtinstruments; or13) Access or use the Services for the purpose of creating a product or service that is competitive with anyof our products or services.5 / 10
B. We will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising fromyour failure to adhere to this Section, and disclaims any responsibility in this regard.
We reserve the rightto terminate your account, immediately and without notice, for any violation of this Section.
5. INTELLECTUAL PROPERTY RIGHTSA.
Creators Rights1) Creators own all legal right, title, and interest in all intellectual property rights of the User Contentcreated by the Creator on the Services, including but not limited to copyrights and trademarks in theUser Content.
As the copyright owner, the Creator has the right to reproduce, prepare derivatives of,distribute, and display or perform the User Content.2) Creators hereby acknowledge, understand, and agree that selling such User Content on the Servicesconstitutes an express representation, warranty, and covenant that the Creator (i) has not sold,tokenized or created another cryptographic token, and (ii) will not, and will not cause another to, sell,tokenize, or create another cryptographic token, in each case representing a digital collectible for thesame content underlying such User Content.3) By launching any User Content on the Services, the Creator, in its sole discretion, may grant to theCollector and, to the extent applicable, any subsequent Collector in a secondary sale a license pursuantto the separate license agreement between the Creator and the Collector.4) Creator expressly represents and warrants that its content underlying any User Content launched onthe Services contain only original content otherwise authorized for use by the Creator, and do notcontain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video,human likeness, or other unoriginal content not created by the Creator, not authorized for use by theCreator, not in the public domain, or otherwise without a valid claim of fair use.
The Creator furtherrepresents and warrants that it has permission to incorporate the unoriginal content, to the extentsuch permission is legally required.
B. Collectors Rights1) Collectors receive a cryptographic token representing the Creator’s User Content as a piece of property,but does not own the content underlying such User Content itself or any intellectual property rightstherein.
The Collector may display and share the content, but the Collector does not have any legalownership, right, or title to any copyrights, trademarks, or other intellectual property rights to thecontent underlying such User Content, except the limited license granted by this Terms and inaccordance with the separate license agreement between the Creator and Collector.2) If a Collector sells, trades or transfers his or her User Content to a subsequent Collector, regardless ofwhether on or off the Services, such Collector represents and warrants that it will (i) notify thesubsequent Collector of this Terms and (ii) require the subsequent Collector to comply with this Terms.
3) Collectors irrevocably release, acquit, and forever discharge Company and our affiliates and officersand successors of any liability for direct or indirect copyright or trademark nfringement for our use ofUser Content and any content underlying such User Content, in accordance with this Terms.
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C. Company Rights to the User Content1) Creators hereby acknowledge, understand, and agree that by launching, listing, or selling any UserContent on the Services, you hereby expressly and affirmatively grant to Company, and our affiliatesand our successors, a non-exclusive, world-wide, transferable, sublicensable, perpetual, irrevocable,and royalty-free license to: (i) reproduce, display, perform, distribute and transmit User Content andthe content underlying such User Content, for the purpose of operating and developing the Services,and (ii) use and incorporate User Content and the content underlying such User Content, or derivativeworks of the User Content, on any marketing materials, and to reproduce, display, perform, displayand transmit such marketing materials on any media whether now known or later discovered for thepurposes of operating, promoting, sharing, marketing, and advertising the Services.2) The foregoing licenses include, without limitation, the express rights to: (i) display or perform UserContent and the content underlying such User Content, on the Services, a third party platform, socialmedia posts, blogs, editorials, advertising, market reports, virtual galleries, virtual environments,editorials, or to the public; (ii) index User Content and the content underlying such User Content inelectronic databases, indexes, and catalogues; and (iii) host, store, distribute, and reproduce one ormore copies of User Content and the content underlying such User Content within a distributed filekeeping system, node cluster, or other database (e.g., IPFS) or cause, direct, or solicit others to do so.
D. Company Rights to the Services1) Unless otherwise indicated in writing by Company, the Services, all contents, and all other materialscontained therein, including, without limitation, Company’s logo, and all designs, text, graphics,pictures, information, data, software, sound files, other files, and the selection and arrangementthereof (collectively, “Company Content”) are the proprietary property of Company or our affiliates,licensors, or users, as applicable.
Company’s logo and any our product or service names, or slogansthat may appear on the Services or elsewhere are trademarks of Company or our affiliates, and maynot be copied, imitated or used, in whole or in part, without our prior written permission.2) You may not use any Company Content without our express written permission.
You may not useframing techniques to enclose any Company Content without our express written consent.
In addition,the look and feel of the Services, including without limitation, all page headers, custom graphics, buttonicons, and scripts constitute the service mark, trademark, or trade dress of 360Hexaworld and may notbe copied, imitated, or used, in whole or in part, without our prior written permission.3) Notwithstanding anything to the contrary herein, you understand and agree that you shall have noownership or other property interest in your account, and you further agree that all rights in and toyour account are and shall forever be owned by and inure to Company’s benefit.
6. NO REPRESENTATIONS ON PRICE OR VALUEA.
You acknowledge and consent to the risk that the price of a digital artwork purchased on the Services mayhave been influenced by other activities outside of Company’s control.
We do not represent, guarantee, orwarrant the accuracy or fairness of the price of any User Content sold or offered for sale on or off of theServices.
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B. You also acknowledge and agree that we are not a fiduciary nor owes any duties to any user of the Services,including the duty to ensure fair pricing of User Content or to police users’ behavior on the Services.
7. TAXESA.
Neither we nor any other our affiliates are responsible for determining the withholding, sales, use, valueadded, transfer or other taxes, together with any interest and penalties imposed with respect thereto(“Taxes”), that apply to your transactions on the Services.
You agree that you are solely responsible fordetermining what, if any, Taxes apply to your transactions on the Services and to withhold, collect, reportand remit the correct amounts of Taxes to the appropriate taxing authorities.
B. Unless otherwise indicated on an applicable invoice, any amounts due in respect of a transaction on theServices are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”) which shall be yourresponsibility.
Any payments with respect to your transactions on the Services shall be made withoutdeduction or withholding for any Taxes, except as required by applicable law.
C. If any applicable law requires the deduction or withholding of any tax (a “Withholding Tax”) from any suchpayment then the sum payable by you shall be increased as necessary so that after such deduction orwithholding has been made the amount received is equal to the sum that would have been received hadno such deduction or withholding been made.
Upon our request, you agree to promptly provide a properlyexecuted Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other taxform that is reasonably required by Company so to comply with our tax reporting obligations.
8. DISCLAIMER AND LIMITATION OF LIABILITYA.
You hereby acknowledge, understand, and agree that transactions and other operations on the Servicesmay utilize experimental smart contract and blockchain technology, including NFTs, cryptocurrencies,consensus algorithms, and decentralized or peer-to-peer networks and systems.
You acknowledge andagree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs,malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain(i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss,forfeiture of your digital currency, or lost opportunities to buy or sell User Content.
B. Without limiting the foregoing, all contents provided on or through the Services is provided to users “AS-IS”and “AS AVAILABLE” basis with no warranty of any kind, either express or implied, including withoutlimitation, implied warranties of merchantability and fitness for a particular purpose, title, noninfringement, security or accuracy.
The “AS-IS” condition of content is expressly made a condition of anytransaction arising through or as a result of the Services.
Please note that some jurisdictions may not allowthe exclusion of implied warranties, so some of the above exclusions may not apply to you.
You shall checkyour local laws for any restrictions or limitations regarding the exclusion of implied warranties.
C. We make no warranty that (a) the Services will meet your requirements, (b) the Services will beuninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Serviceswill be accurate or reliable, or (d) the quality of any products, platforms, information, or other materialpurchased or obtained by you through the Services will meet your expectations.
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D. Under no circumstances shall we, our affiliated and related entities, our suppliers, or our respectivedirectors, officers, employees, or agents (collectively, the “Company releasees”) be liable to you or to anythird-party for any direct, indirect, consequential, incidental, special or punitive damages, whether incontract or in tort, including without limitation, negligence, arising in any way out of access to, or use of, orinability to access or use any of the Services or any linked site or its contents, including without limitation,lost profits, business interruption, or loss of programs or other data on computer systems or otherwise,without regard to whether we are expressly advised of the possibility of such damages.
E. You further agree that we shall have control of the defense or settlement of any third-party claims.
IF YOUARE A ROK RESIDENT, YOU WAIVE ROK CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOESNOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXISTIN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
F. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEEDTHE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED USDOLLARS ($100).
9. GEOGRAPHIC RESTRICTIONS AND DISPUTE RESOLUTIONA.
We intend to provide the Services for use by persons located in the ROK.
We make no claims that ourWebsites, or any of the Services is accessible or appropriate outside of the ROK.
Access to the Services maynot be legal by certain persons or in certain countries.
If you access the Services from outside the UnitedStates, you do so on your own initiative and are responsible for compliance with local laws.
B. You agree that all matters relating to the Services, and this Terms, and any dispute or claim arisingtherefrom will be construed in accordance with the laws of the State of ROK without giving effect to anychoice or conflict of law provision or rule.
C. You agree that any dispute or claim arising from or relating to this Terms shall be settled by final and bindingarbitration, rather than in court, using the English language, administered by the Korean CommercialArbitration Board International (the “KCAB”) under its International Arbitration Rules then in effect (thoserules are deemed to be incorporated by reference into this section), unless otherwise required by law.Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitratorin accordance with those rules.
The arbitrator shall follow any applicable law in rendering an award.Judgment on the arbitration award may be entered in any court that has jurisdiction.
For all actions underthe KCAB International Arbitration Rules, the hearings will be conducted in SEOUL, ROK or at anothermutually agreed location.
D. Any arbitration under this Terms will take place on an individual basis.
You understand that by agreeing tothis Terms, you and Company are each waiving the right to trial by jury or to participate in a class actionlawsuit.
Class arbitrations shall only be available if requested by either party under its Class ActionArbitration Rules and approved by the arbitration entity.
Notwithstanding the foregoing, each party shallhave the right to bring an action in a court of proper jurisdiction for injunctive or other equitable orconservatory relief, pending a final decision by the arbitrator.
You may instead assert your claim in “small 9 / 10 claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains onan individual, non-representative, and non-class basis.
E. Any legal action against Company related to the Services must be filed and take place in ROK County, ROK.10.
PRIVACYA.
For information about how we collect, use, share, or otherwise process information about you and youruse of the Services, please see our Privacy Policy.
B. Where permitted by law, we will only access, view, or listen to your User Content in limited ways.
Forexample, in order to perform the Services, we may need to access, view, or listen to your User Content to(a) respond to feedback or support requests; (b) detect, prevent, or otherwise address fraud, security, legal,or technical issues; and (c) enforce this Terms.
Our automated systems may analyze your User Contentusing techniques such as machine learning in order to improve the Services and the user experience.
C. You agree not to collect, process, or store any Sensitive Personal Information using the Services.
You agreenot to transmit, disclose, or make available Sensitive Personal Information to Company or our third-partyproviders.
“Sensitive Personal Information” means an individual’s financial information, sexual preferences,medical, or health information protected under any health data protection laws, biometric data (forpurposes of uniquely identifying an individual), personal information of children protected under any childdata protection laws (such as the personal information defined under the US Children’s Online PrivacyProtection Act (“COPPA”)) and any additional types of information included within this term or any similarterm (such as “sensitive personal data” or “special categories of personal information”) as used in applicabledata protection or privacy laws.
D. We process and store information in the ROK and other countries.
By using the Services, you agree thatyou authorize Company to transfer your personal information across national borders and to othercountries where Company and our partners operate.
11. MISCELLANEOUSA.
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall beconstrued to be a waiver of that or any other right in connection with this Terms.
B. Any rights and licenses granted by this Terms may not be transferred or assigned by you, but may beassigned by Company without restriction.
Any attempted transfer or assignment in violation hereof shallbe null and void.
C. Whenever possible, each provision of this Terms shall be interpreted in such manner as to be effective andvalid under applicable law, but if any provision of this Terms shall be held to be prohibited by or invalidunder applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity,without invalidating the remainder of such provision or the remaining provisions of this Terms.
D. This Terms, together with our Privacy Policy, and any other rules, regulations, procedures and policies whichwe refer to and which are hereby incorporated herein by this reference, constitutes the entire agreementbetween you and Company with respect to the Services and it supersedes all prior or contemporaneous
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communications and proposals, whether electronic, oral or written, between you and Company withrespect to the Services.
E. The captions and headings are for convenience of reference only and shall not be used to construe theterms or meaning of any provisions of this Terms.
You agree that you have reviewed and negotiated theterms and conditions of this Terms and has had the opportunity to contribute to its revision.
Accordingly,the rule of construction to the effect that ambiguities are resolved against the drafting party shall not beemployed in the interpretation of this Terms.
Rather, all the terms of this Terms shall be construed fairlyas to both you and Company and not in favor or against Company.
F. Upon the expiration or termination of this Terms, some or all of the Services may cease to operate withoutprior notice.
Section 5, 8 and 9 will survive the termination of this Terms.
G. Except as expressly permitted in this Terms, you may not (a) modify, port, adapt, or translate any portionof the Services; or (b) reverse engineer (including but not limited to monitoring or tracking the inputs andoutputs flowing through a system or an application in order to recreate that system), decompile,disassemble, or otherwise attempt to discover, within any Services, the source code, data representationsor underlying algorithms, processes, methods, and any other portion of such Services.
H. A printed version of this Terms and of any notice given in electronic form shall be admissible in judicial oradministrative proceedings based upon or relating to this Termsto the same extent and subject to the sameconditions as other business documents and records originally generated and maintained in printed form.
12. CONTACT INFORMATIONIf you have any questions about this Terms of Service or our practices, please contact us at[help@dataking.co.kr].EFFECTIVE DATE: DECEMBER 1, 2021