Terms and Condition
THIS Kpop.soribada.com Subscription Agreement ("AGREEMENT") is a legal and binding agreement between you ("you", "your",
or "yourself"), as the end user, and Soribada Inc. ("our", "us", "we" or "Soribada"), which governs your use of our internet-based
media subscription service together with all information, content, products, materials and services made available to you through
the same by us and/or third parties (collectively, "the service").
Please read this agreement carefully prior to using the service.
By registering for, using or otherwise accessing the service, or any component there of, in any manner whatsoever, You are consenting to become a party to this agreement and agreeing to be bound by and comply with the terms and conditions here in.
The service is offered and made available only to users 14 years of age or older. If you are not yet 14 years old, Please discontinue using the service immediately, or if, for any reason, You do not accept and agree to all the terms and conditions of this agreement, Please discontinue the registration process and do not access or use the service in any manner. When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, (without limitation, any transmission, exchange of information or communication associated with the Services.) These terms and conditions, (together with the other terms of use applicable to other Soribada owned or controlled web sites and any other policies, rules and provisions which are described,) linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
1. Term Definition
Plan – Soribada’s subscribed service level offering certain number of Soribada contents in certain period. Credit – Unit to download Soribada contents. Provided via purchasing Soribada’s Plan, certain trial service or any other special offer from Soribada.
2. ENROLLMENT IN THE SERVICE
Soribada currently provides the Service for sampling and downloading media in a DRM-free file format.
The Service consists of multiple subscription plans whereby, for a certain recurring fee and subject to certain limitations as described herein, you are granted specified download rights to our catalog of DRM-free media files. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to and/or view the media files. You must be at least 14 years of age to enroll. To begin the enrollment process, you must complete the Service registration process located on our web site at "Sign up page" or such other registration process as we may provide from time to time.
3. MODIFICATION
We may add, delete or modify any of the aspects of our Service and/or any of the terms and conditions contained in this Agreement at any time in our sole discretion. We may notify you of any such changes by posting a change notice on our site at http://Kpop.soribada.com and/or by sending you an email at the email address associated with your Service account, at Soribada´s sole discretion.
If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes shall be effective upon the date we notify you of the same ("effective date"). Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein.
You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply.
You must also comply with any additional terms which apply to third-party content, material, information, software or other services.
4. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service, as applicable.
Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so.
We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
5. SORIBADA PRIVACY POLICY & YOUTH PROTECTION POLICY
① Soribada takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service. Our Privacy Policy is set forth at “Privacy Policy”
② Soribada has the right to restrict any contents including violent or sexual contents in purpose of protecting children under nineteen years old. Our restrict regulation is based on Youth Protection Policy and related official notification of the government of the Republic of Korea regardless of users’ nationalities.
6. TECHNOLOGICAL AND USE LIMITATIONS
① Soribada will make reasonable efforts to keep the Kpop.soribada Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of Soribada may, from time to time, result in temporary service interruptions. Soribada also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Soribada shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
② By enrolling in the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You may only make copies of any file obtained through the Service for your own personal use.
③ Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. Soribada reserves the right to immediately and permanently terminate your access to the Service if Soribada believes that you are violating such limitation.
④ You may not use or allow others to use, your IDs and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs. You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
⑤ You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
⑥ Soribada derives its rights to use the media offered on the Service from artists, record labels, publishers and other third parties for fixed periods of time and, sometimes, for limited territories. As well, Soribada is sometimes required to pull certain media off the Service (or otherwise restrict access to such media) for legal or commercial reasons. Therefore, certain media offered or advertised by Soribada may not be available when you try to download, and not all media are available in all countries.
⑦ Some tracks are not eligible for individual download and are only available as part of a full album download. Album only designations may be changed at any time.
⑧ The Soribada Download Manager may be required to download certain tracks or albums.
7. TERM, FEES, PAYMENTS; TRIAL PERIOD PROVISIONS
① If you are subscribed to the membership plan or select auto payment, Soribada can provide you with a certain amount of cash points and according to the price and payment policy that can be checked in the company’s ‘Membership Plan” and Article 6 of this terms and condition, you, as a user thereby agree to pay the amount charged for the price system that is selected.
② An album price is subject to change depending on the company policy. Before clicking “Download Album,” you as a member must check the album price that appears in the refreshed screen. An album price is the amount of cash or CashPoints paid to download the entire songson an album. According to Article 7.1, any CashPoint granted to a member who has just subscribed to the membership plan or selectedauto payment can’t be refunded or transferred to the next month. But if you prefer to purchase single tracks from a specific album, then at the point when the total amount of payment made to purchase the songs within that album is equal to the album price, you become able to own the remaining songs without paying for them, which means that you can download the remaining songs for free within one month from the initial date of purchase.
③ Pursuant to Article 9 of this term and condition, unless you are forced to withdraw from the membership or express your opinions on the decision to cancel service purchases, automatic payment will be activated for you. If the “Membership Plan” is not cancelled before CashPoints are used up or expired, the membership plan that was selected when you made a purchase, will be applied and automatic payment will continue.
④ On the date of initial-use of the membership plan by you as a member, the monthly service fees will be charged on the credit card designated by you. Any CashPoint not used by you as a member in the membership plan will become extinct but not be rolled over to the next month. (Unless the membership plan that you purchased has special permission to carry over the remaining balance to the next month)(But CashPoints granted to you for membership subscription or additional purchases can’t be rolled over or refunded regardless of which membership plan you use.) You as a member hereby agree to pay all the fees (including taxes) accruing in services that you purchased by using you member ID. The paid fees will not be refunded in any sort of way. If you as a member wish to use a different paypal account or need to change the expiration date of your credit card, you can do it in MyPage or at the paypal site on your own. If you as a member suspect that someone is using the service without permissions by using their member ID illegally, then they should immediately notify the company(contactus@soribada.com).
⑤ The payment can be only be made by using major credit cards that Soribada can accept. (Visa, Master card, America Express and etc). But according to the company’s Membership Plan, a different method than a credit card can be used to purchase specific services. If you as a member select the ‘Membership Plan” then monthly auto payment will be made on the date of purchase(billing date) and if the date of payment is changed due to additional purchases or change in the membership plan then the new date will be applied to monthly automatic payment.
⑥ If Soribada does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Soribada. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT SORIBADA, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
⑦ If Soribada does not receive the full amount of your Service account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify Soribada of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer.
⑧ You agree to pay Soribada all reasonable attorney's fees and costs incurred by Soribada to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account.
⑨ The fees, charges and payments hereunder do not include and you are solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of the Service. You are solely responsible for arranging payment for any and all additional or membership plan charges for your use of any third party services via the Service.
⑩ SORIBADA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY SORIBADA, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT kpop.soribada.com. AT SORIBADA’S SOLE DISCRETION, SORIBADA MAY ALTERNATIVELY PROVIDE NOTICE OF ANY SUCH CHANGE VIA EMAIL, EFFECTIVE THIRTY (30) DAYS FROM THE DATE OF THE EMAIL INFORMING YOU OF ANY SUCH CHANGE. If any such change is unacceptable to you, you may cancel your subscription to the Service, as provided in Section 8 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
⑪ If all the CashPoints in the membership plan designated by you are used up, you can make additional purchase of CashPoints then you need to change the existing plan or make additional purchases. The entire amount of CashPoints that you own will be rolled over to the newly purchased plan only if you make additional purchases before the existing plan is expired, also the payment date will be changed to the date of new plan purchases. The CashPoints that you own can be only used before the expiration date and they will all become extinct as the expiration date is reached. However, in one of the following cases, it can be rolled over to the next month, as long as automatic payment is maintained. unacceptable to you, you may cancel your subscription to the Service, as provided in Section 8 below.
1) New plan is additionally purchased before the existing plan is expired(the entire amount is rolled over). 2) Your current plan has CashPoints less than $0.49(only the applicable amount is rolled over)
Any items not specified in the terms and conditions of this Agreement will be governed by the company’s “Membership Plan”.
⑫ According to the guideline provided by Soribada, you as a member who uses the membership plan can use the same service account to re-download the contents that you purchased without additional fees for a certain period of time.
8. TERMINATION
① We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
② Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.
③ You can cancel the plan you subscribed in 7 days from your last renewal date without any cancellation charge if you have no record of using it.
④ You can cancel your subscription anytime during your service period. In this case, your payment is non-refundable and you are entitled to use your service until the end of the service period. (Same policy will be applied in case of changing plan.)
10. INTELLECTUAL PROPERTY RIGHTS
① Only you may access the Service using your IDs, unless otherwise agreed to in writing by Soribada. The content available through the Service is the property of Soribada or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be viewed, used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of Soribada.
② You acknowledge that Soribada retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and Soribada reserves all rights not expressly granted hereunder. You shall promptly notify Soribada in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or Soribada's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
③ By posting messages, inputting data, suggesting playlists, suggesting ideas or engaging in any other form of communication through the Service, you irrevocably agree that any such content, and all intellectual property rights associated therewith, shall become our sole property. We may copy, sublicense, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit.
11. THIRD PARTY SITES AND INFORMATION
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.
12. OUR LINKING AND WIDGET POLICY
Any web site that links to our website or on which you include the widget: (a) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of our website; (b) may link to, but not replicate, any of the Content of our website; (c) must not imply that Soribada or our website or any artist or performer are endorsing or sponsoring it or its products, unless Soribada has given its prior written consent; (d) must not present false information about Soribada or its Service; (e) must not use any Soribada Services or trademarks except as expressly permitted in these Terms of Use or without the prior written permission from Soribada; (f) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (g) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. "Content" means any present, past and future content of the Service, including, but not limited to, software graphics, text, images, audio, designs, databases, trademarks, logos, domain names, trade names, service mark, any traded identities, any and all copyrighted materials (including source and object code), the "look and feel" of our website. By linking to our website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to our website for any reason in our
sole and absolute discretion. The Soribada widget is not provided for commercial use, distribution or exploitation. If you are the operator of a commercial Soribada reserves the right to remove links or block the Soribada widget at any time and for any reason in its absolute discretion.
purposes, please contact us by emailing contactus@Soribada.com.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. The service is provided on an “as is” and an “as available” basis. We do not make, and hereby disclaim, any representations or warranties regarding the service, the Kpop.soribada site and the products and services offered through the Kpop.soribada site or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third party rights, or any warranties arising by course of dearing or custom of trade, we make no representation or warranty that any material, content, products or services displayed on or offered through the service are accurate, complete, appropriate, reliable, or timely.
We also make no representations or warranties that the service will meet your requirements and/or your access to and use of the service will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure. you. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to
14. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither Soribada, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental. Special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this agreement or your use of the service, regardless of the form of action or the basis of the claim or whether or not Soribada has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
15. INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs.
16. CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by the laws of the Republic of Korea, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the district courts located in Seoul, Korea with respect to all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
17. OTHER IMPORTANT PROVISIONS
① Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
② You shall not use the Service in any manner contrary to law. Soribada expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such law.
③ Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
④ If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
⑤ No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
⑥ You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
⑦ This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
⑧ Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) (subject to any shorter limitation applicable pursuant to Section 6.8 above) and you hereby waive any longer statute of limitations that may be permitted by law.
⑨ A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please read this agreement carefully prior to using the service.
By registering for, using or otherwise accessing the service, or any component there of, in any manner whatsoever, You are consenting to become a party to this agreement and agreeing to be bound by and comply with the terms and conditions here in.
The service is offered and made available only to users 14 years of age or older. If you are not yet 14 years old, Please discontinue using the service immediately, or if, for any reason, You do not accept and agree to all the terms and conditions of this agreement, Please discontinue the registration process and do not access or use the service in any manner. When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, (without limitation, any transmission, exchange of information or communication associated with the Services.) These terms and conditions, (together with the other terms of use applicable to other Soribada owned or controlled web sites and any other policies, rules and provisions which are described,) linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
1. Term Definition
Plan – Soribada’s subscribed service level offering certain number of Soribada contents in certain period. Credit – Unit to download Soribada contents. Provided via purchasing Soribada’s Plan, certain trial service or any other special offer from Soribada.
2. ENROLLMENT IN THE SERVICE
Soribada currently provides the Service for sampling and downloading media in a DRM-free file format.
The Service consists of multiple subscription plans whereby, for a certain recurring fee and subject to certain limitations as described herein, you are granted specified download rights to our catalog of DRM-free media files. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to and/or view the media files. You must be at least 14 years of age to enroll. To begin the enrollment process, you must complete the Service registration process located on our web site at "Sign up page" or such other registration process as we may provide from time to time.
3. MODIFICATION
We may add, delete or modify any of the aspects of our Service and/or any of the terms and conditions contained in this Agreement at any time in our sole discretion. We may notify you of any such changes by posting a change notice on our site at http://Kpop.soribada.com and/or by sending you an email at the email address associated with your Service account, at Soribada´s sole discretion.
If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes shall be effective upon the date we notify you of the same ("effective date"). Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein.
You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply.
You must also comply with any additional terms which apply to third-party content, material, information, software or other services.
4. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service, as applicable.
Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so.
We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
5. SORIBADA PRIVACY POLICY & YOUTH PROTECTION POLICY
① Soribada takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service. Our Privacy Policy is set forth at “Privacy Policy”
② Soribada has the right to restrict any contents including violent or sexual contents in purpose of protecting children under nineteen years old. Our restrict regulation is based on Youth Protection Policy and related official notification of the government of the Republic of Korea regardless of users’ nationalities.
6. TECHNOLOGICAL AND USE LIMITATIONS
① Soribada will make reasonable efforts to keep the Kpop.soribada Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of Soribada may, from time to time, result in temporary service interruptions. Soribada also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Soribada shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
② By enrolling in the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You may only make copies of any file obtained through the Service for your own personal use.
③ Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. Soribada reserves the right to immediately and permanently terminate your access to the Service if Soribada believes that you are violating such limitation.
④ You may not use or allow others to use, your IDs and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs. You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
⑤ You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
⑥ Soribada derives its rights to use the media offered on the Service from artists, record labels, publishers and other third parties for fixed periods of time and, sometimes, for limited territories. As well, Soribada is sometimes required to pull certain media off the Service (or otherwise restrict access to such media) for legal or commercial reasons. Therefore, certain media offered or advertised by Soribada may not be available when you try to download, and not all media are available in all countries.
⑦ Some tracks are not eligible for individual download and are only available as part of a full album download. Album only designations may be changed at any time.
⑧ The Soribada Download Manager may be required to download certain tracks or albums.
7. TERM, FEES, PAYMENTS; TRIAL PERIOD PROVISIONS
① If you are subscribed to the membership plan or select auto payment, Soribada can provide you with a certain amount of cash points and according to the price and payment policy that can be checked in the company’s ‘Membership Plan” and Article 6 of this terms and condition, you, as a user thereby agree to pay the amount charged for the price system that is selected.
② An album price is subject to change depending on the company policy. Before clicking “Download Album,” you as a member must check the album price that appears in the refreshed screen. An album price is the amount of cash or CashPoints paid to download the entire songson an album. According to Article 7.1, any CashPoint granted to a member who has just subscribed to the membership plan or selectedauto payment can’t be refunded or transferred to the next month. But if you prefer to purchase single tracks from a specific album, then at the point when the total amount of payment made to purchase the songs within that album is equal to the album price, you become able to own the remaining songs without paying for them, which means that you can download the remaining songs for free within one month from the initial date of purchase.
③ Pursuant to Article 9 of this term and condition, unless you are forced to withdraw from the membership or express your opinions on the decision to cancel service purchases, automatic payment will be activated for you. If the “Membership Plan” is not cancelled before CashPoints are used up or expired, the membership plan that was selected when you made a purchase, will be applied and automatic payment will continue.
④ On the date of initial-use of the membership plan by you as a member, the monthly service fees will be charged on the credit card designated by you. Any CashPoint not used by you as a member in the membership plan will become extinct but not be rolled over to the next month. (Unless the membership plan that you purchased has special permission to carry over the remaining balance to the next month)(But CashPoints granted to you for membership subscription or additional purchases can’t be rolled over or refunded regardless of which membership plan you use.) You as a member hereby agree to pay all the fees (including taxes) accruing in services that you purchased by using you member ID. The paid fees will not be refunded in any sort of way. If you as a member wish to use a different paypal account or need to change the expiration date of your credit card, you can do it in MyPage or at the paypal site on your own. If you as a member suspect that someone is using the service without permissions by using their member ID illegally, then they should immediately notify the company(contactus@soribada.com).
⑤ The payment can be only be made by using major credit cards that Soribada can accept. (Visa, Master card, America Express and etc). But according to the company’s Membership Plan, a different method than a credit card can be used to purchase specific services. If you as a member select the ‘Membership Plan” then monthly auto payment will be made on the date of purchase(billing date) and if the date of payment is changed due to additional purchases or change in the membership plan then the new date will be applied to monthly automatic payment.
⑥ If Soribada does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Soribada. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT SORIBADA, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
⑦ If Soribada does not receive the full amount of your Service account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify Soribada of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer.
⑧ You agree to pay Soribada all reasonable attorney's fees and costs incurred by Soribada to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account.
⑨ The fees, charges and payments hereunder do not include and you are solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of the Service. You are solely responsible for arranging payment for any and all additional or membership plan charges for your use of any third party services via the Service.
⑩ SORIBADA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY SORIBADA, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT kpop.soribada.com. AT SORIBADA’S SOLE DISCRETION, SORIBADA MAY ALTERNATIVELY PROVIDE NOTICE OF ANY SUCH CHANGE VIA EMAIL, EFFECTIVE THIRTY (30) DAYS FROM THE DATE OF THE EMAIL INFORMING YOU OF ANY SUCH CHANGE. If any such change is unacceptable to you, you may cancel your subscription to the Service, as provided in Section 8 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
⑪ If all the CashPoints in the membership plan designated by you are used up, you can make additional purchase of CashPoints then you need to change the existing plan or make additional purchases. The entire amount of CashPoints that you own will be rolled over to the newly purchased plan only if you make additional purchases before the existing plan is expired, also the payment date will be changed to the date of new plan purchases. The CashPoints that you own can be only used before the expiration date and they will all become extinct as the expiration date is reached. However, in one of the following cases, it can be rolled over to the next month, as long as automatic payment is maintained. unacceptable to you, you may cancel your subscription to the Service, as provided in Section 8 below.
1) New plan is additionally purchased before the existing plan is expired(the entire amount is rolled over). 2) Your current plan has CashPoints less than $0.49(only the applicable amount is rolled over)
Any items not specified in the terms and conditions of this Agreement will be governed by the company’s “Membership Plan”.
⑫ According to the guideline provided by Soribada, you as a member who uses the membership plan can use the same service account to re-download the contents that you purchased without additional fees for a certain period of time.
8. TERMINATION
① We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
② Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.
③ You can cancel the plan you subscribed in 7 days from your last renewal date without any cancellation charge if you have no record of using it.
④ You can cancel your subscription anytime during your service period. In this case, your payment is non-refundable and you are entitled to use your service until the end of the service period. (Same policy will be applied in case of changing plan.)
10. INTELLECTUAL PROPERTY RIGHTS
① Only you may access the Service using your IDs, unless otherwise agreed to in writing by Soribada. The content available through the Service is the property of Soribada or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be viewed, used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of Soribada.
② You acknowledge that Soribada retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and Soribada reserves all rights not expressly granted hereunder. You shall promptly notify Soribada in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or Soribada's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
③ By posting messages, inputting data, suggesting playlists, suggesting ideas or engaging in any other form of communication through the Service, you irrevocably agree that any such content, and all intellectual property rights associated therewith, shall become our sole property. We may copy, sublicense, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit.
11. THIRD PARTY SITES AND INFORMATION
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.
12. OUR LINKING AND WIDGET POLICY
Any web site that links to our website or on which you include the widget: (a) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of our website; (b) may link to, but not replicate, any of the Content of our website; (c) must not imply that Soribada or our website or any artist or performer are endorsing or sponsoring it or its products, unless Soribada has given its prior written consent; (d) must not present false information about Soribada or its Service; (e) must not use any Soribada Services or trademarks except as expressly permitted in these Terms of Use or without the prior written permission from Soribada; (f) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (g) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. "Content" means any present, past and future content of the Service, including, but not limited to, software graphics, text, images, audio, designs, databases, trademarks, logos, domain names, trade names, service mark, any traded identities, any and all copyrighted materials (including source and object code), the "look and feel" of our website. By linking to our website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to our website for any reason in our
sole and absolute discretion. The Soribada widget is not provided for commercial use, distribution or exploitation. If you are the operator of a commercial Soribada reserves the right to remove links or block the Soribada widget at any time and for any reason in its absolute discretion.
purposes, please contact us by emailing contactus@Soribada.com.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. The service is provided on an “as is” and an “as available” basis. We do not make, and hereby disclaim, any representations or warranties regarding the service, the Kpop.soribada site and the products and services offered through the Kpop.soribada site or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third party rights, or any warranties arising by course of dearing or custom of trade, we make no representation or warranty that any material, content, products or services displayed on or offered through the service are accurate, complete, appropriate, reliable, or timely.
We also make no representations or warranties that the service will meet your requirements and/or your access to and use of the service will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure. you. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to
14. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither Soribada, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental. Special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this agreement or your use of the service, regardless of the form of action or the basis of the claim or whether or not Soribada has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
15. INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs.
16. CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by the laws of the Republic of Korea, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the district courts located in Seoul, Korea with respect to all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
17. OTHER IMPORTANT PROVISIONS
① Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
② You shall not use the Service in any manner contrary to law. Soribada expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such law.
③ Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
④ If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
⑤ No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
⑥ You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
⑦ This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
⑧ Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) (subject to any shorter limitation applicable pursuant to Section 6.8 above) and you hereby waive any longer statute of limitations that may be permitted by law.
⑨ A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.