TERMS OF SERVICE

Date of Last Modification: Feb 27, 2020

Welcome to ED Online KPOP Training Agency, an online K-POP training and resource platform. The ED Online KPOP Training Agency’s website, apps, and other product and services (collectively the “Services”) are owned and operated by Counter Culture Co., Ltd. (“us”, “we”, or “ED”). As these Terms of Service (“Terms”) govern your use of Services, please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

We may need to change, modify, add, or delete portions of these Terms at any time for diverse reasons. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these Terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.

Use of ED Online KPOP Training Agency Service

The ED Online KPOP Training Agency service, and any content viewed through our Service, can only be for your personal and non-commercial use. With your registration and any payment where relevant, we grant you a limited, non-exclusive, non-transferable, revocable license to access the ED Online KPOP Training Agency content and view your class(s) through the Service. Except for ED Online KPOP Training Agency’s express permission, no right, title or interest shall be transferred to you. ED Online KPOP Training Agency may revoke the permission at any time at its sole discretion. Upon such revocation, you must promptly destroy all contents downloaded or otherwise obtained through our Service, as well as copies of such materials, whether made in accordance with these Terms or otherwise.

Regarding Registration

You may be required to register with ED Online KPOP Training Agency in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 14 years of age, you may use the Service, only with the approval of your parent or guardian. ED Online KPOP Training Agency may revoke or refuse the registration of users under 14 years of age, who have not gone through the approval process of their legal guardians.

Changes to Service

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop any part of, or the Service altogether. In case of such changes, we will notify you 14 days ahead of the changes by posting the changes on this page, or by sending notification by email or other contact information that you have provided when registering for our Service. If the changes are very important, they will be notified 30 days ahead of the changes in the same methodology. In such cases where individual notification is unavailable and the notice has been returned over twice, due to missing or modified user information, it will be considered that we have duly notified you according to these Terms.

Obligation to Secure Account and Password

You should not use another's account, or provide another person with your username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify ED Online KPOP Training Agency of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. ED Online KPOP Training Agency will not be liable for any loss or damage arising from your failure to comply with this Section.

Regarding Use and Storage

You acknowledge that ED Online KPOP Training Agency may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ED Online KPOP Training Agency’s servers on your behalf. You agree that ED Online KPOP Training Agency has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ED Online KPOP Training Agency reserves the right to terminate accounts that are inactive for an extended period of time.

Conditions of Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. ED Online KPOP Training Agency reserves the right to investigate and take appropriate legal action against anyone who, in ED Online KPOP Training Agency’s sole discretion, violates this provision, including without limitation, removing any offensive or inappropriate User Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

ED Online KPOP Training Agency reserve a right to suspend or terminate any account or limit usages of the Services by any user who violates any provisions under these Terms or any other provisions which may apply under the applicable laws. ED Online KPOP Training Agency may take other appropriate measures including, but not limited to, requesting you to remove any or all of the User Content which may violate any provisions under these Terms or any other relevant applicable laws such as Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Copyright Act.

Fees

Registration for your account at ED Online KPOP Training Agency is free of charges. Nonetheless, ED Online KPOP Training Agency offers certain part of Services or provide certain contents including, but not limited to, ED Online KPOP Training Agency’s dance class, for a fee(“Paid Services”). In order to use the Paid Services, you will be required to select a payment plan and provide ED Online KPOP Training Agency information regarding your credit card or other payment instruments designated by ED Online KPOP Training Agency. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable Paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and ED Online KPOP Training Agency reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for the Paid Services as described in our Refund Policy.

Recurring Payment

Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, ED Online KPOP Training Agency will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.

Refund Policy

30 Days Money Back Guarantee

Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, should you become dissatisfied with the Service within the first 30 days after purchase, ED Online KPOP Training Agency will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at ED Online KPOP Training Agency's sole discretion. If ED Online KPOP Training Agency determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee, email Support at [email protected].

Withdrawal of Registration

You may withdraw your registration for use of our Services at any time by following withdrawal instructions provided on our website.

Cancellation of Paid Service

You may cancel your use of Paid Services by contacting us via email to the address as specified below, subject to this refund policy.

This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. ED Online KPOP Training Agency reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if ED Online KPOP Training Agency believes that you have breached any of the terms of this Agreement, furnished ED Online KPOP Training Agency with false or misleading information, or interfered with use of the Website or the Service by others.When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting [email protected]

ED Online KPOP Training Agency reserves a right to refuse refunds of any balance in relation to accounts or users which is alleged to have violated or have in fact violated any provisions under these Terms. ED Online KPOP Training Agency shall determine whether a certain account or user has violated the provisions at its sole discretion.

To request a refund or to inquire further about our refund policy, please contact us via email at [email protected]

Termination by Us

In addition, in the event that your registration is terminated due to your breach of any provision under these Terms, any remaining balance of the paid fees is not refundable.

Intellectual property rights

User Content

ED Online KPOP Training Agency respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. You retain all intellectual property rights in, and are responsible for, the User Content you share. While ED Online KPOP Training Agency holds the right to display the content within our Service, we will not use User Content for any other purposes without the user’s written consent.

ED Online KPOP Training Agency Service Content, Software, and Trademarks

The ED Online KPOP Training Agency’s name, logos, the technology and software underlying the Service or distributed in connection therewith, and all contents or features provided by the Service(“Service Content”) provided by ED Online KPOP Training Agency are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ED Online KPOP Training Agency, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ED Online KPOP Training Agency’s intellectual properties displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ED Online KPOP Training Agency’s intellectual properties will inure to our exclusive benefit.

Third Party Material

Under no circumstances will ED Online KPOP Training Agency be liable in any way for any content or materials of any third parties (including User Contents), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ED Online KPOP Training Agency does not pre-screen content, but that ED Online KPOP Training Agency and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, ED Online KPOP Training Agency and its designees will have the right to remove any content that violates these Terms or is deemed by ED Online KPOP Training Agency, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the internet. ED Online KPOP Training Agency has no control over such sites and resources and ED Online KPOP Training Agency is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that ED Online KPOP Training Agency will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that ED Online KPOP Training Agency is not liable for any loss or claim that you may have against any such third party.

Health Disclaimer

Dancing, in all of its forms and moves that may be suggested by a ED Online KPOP Training Agency instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before learning the choreography/moves shwn in any of the video clips on the Website. ED Online KPOP Training Agency is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis.

All suggestions and comments relating to the moves and choreography are not required to be performed by you and are carried out at your election while viewing ED Online KPOP Training Agency videos. Nothing contained in the Website should be construed as any form of such medical advice or diagnosis. By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from ED Online KPOP Training Agency, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against ED Online KPOP Training Agency, or any person or entity involved with ED Online KPOP Training Agency, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

Indemnification

To the fullest extent permitted by law, you agree to release, indemnify and hold ED Online KPOP Training Agency and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys‘ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ED ONLINE KPOP TRAINING AGENCY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ED ONLINE KPOP TRAINING AGENCY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ED ONLINE KPOP TRAINING AGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN ED ONLINE KPOP TRAINING AGENCY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.

Governing Law and Jurisdiction

These Terms, your performance under it, and any disputes arising under it will be governed exclusively by the laws of Republic of Korea, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Republic of Korea in any and all actions, disputes, or controversies relating to this agreement.

These Terms and any posted rules on our website constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ED Online KPOP Training Agency of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of ED Online KPOP Training Agency and its successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms.

Questions or Suggestions

Please contact us at 32, Gangnam-daero 93-gil, Seocho-gu, Seoul, Republic of Korea or [email protected] to report any violations of these Terms or to pose any questions regarding these Terms or the Service.