Terms of Service
The Terms of Service of KineMaster, Inc. (hereinafter referred to as the “Terms”) establishes the agreement between KineMaster, Inc. or its affiliates (hereinafter referred to as the “Company”) and the users who use the services through the access of the websites, applications, products and contents provided by the Company. Hereinafter, “you” or “your” refers to the users who use our services, and “we,” “our” or “us” refers to the Company.
The Terms of Service for the Android applications is separately provided here.
The purpose of the Terms of Service is to prescribe rights, obligations, responsibilities, and other necessary matters between the Company and the users who use our services through the access of our websites, applications, products and contents.
The terms used in these Terms are defined as follows:
(1) “Service” means all the services provided by the Company, including all websites, applications, products and contents;
(2) “Free Service” means the Service provided by the Company free of charge;
(3) “Premium Service” means the Service provided by the Company for a fee, excluding paid assets and IP premium assets;
(4) “Asset” means videos, images, audio, animation, filters, templates, effects, projects etc. provided by our Service;
(5) “Paid Asset” means the paid assets provided by the Company separately from the Premium Service;
(6) “IP Premium Asset” means the assets included in the “Fandom” category of the Asset Store, which is provided through a separate contract with a third-party content provider;
(7) “User” means the individual person who accesses or uses the Service provided by the Company;
(8) “Member” means the User who has created an account through the registration procedure prescribed by the Company;
(9) “ID” includes but is not limited to an email address designated by the User and approved by the Company for user identification and service use;
(10) “Password” means the combination of letters, numbers, or special characters that the User has set himself/herself to check his/her own identity and to protect his/her rights and interests;
(11) “Original Video” means the User’s originally created audios (with no images), audios (with still images), videos, a still cut of photos, a stream of photos, etc. that are not provided by the Service with the User’s initial use of the Service; and
(12) “User Created Work” includes the contents, such as video, which are created as a result of using the Service, such as using the editing features and storing the User’s original video by applying audio, image, or video effects to the original video in the Service.
3. Terms and Agreement
(1) The User shall use the Service in accordance with the Terms of Service as provided herein.
(2) Before accessing our Service, the User should read, understand, and agree to these Terms. If you do not agree with all of our Terms, then you are expressly prohibited from accessing or using our Service and should discontinue any use or access immediately.
(3) The Company posts the Terms of Service on the initial screen of the Service so that the User may easily access, view, and understand them. If you as a User have questions regarding our Terms, you may freely reach out to email@example.com for details.
(4) The Company may establish separate terms and conditions for the Premium Service and individual services (hereinafter collectively referred to as “Terms of Premium Service”), and if the Terms of Premium Service conflicts with this Terms of Service, the Terms of Premium Service shall prevail.
(5) The User agrees that you are responsible to the Company as well as the other Users using our Service for the behavior, acts, and conducts that arise while you are using our Service (regardless of whether the User is logged in or signed up with our Service).
4. Modification of Terms
(1) The Company may amend these Terms from time to time. The Company reserves the right, in the Company’s sole discretion, to make changes or modifications to the Terms of Service at any time and for any reason (including but not limited to the following: improvement of our Service, improvement of security of our Service, compliance with the applicable laws, etc.).
(2) The Company can notify Users about any changes by updating these Terms, and the Users waive any right to receive specific notice of changes made each and every time. The most recent version of the updated Terms of Service can always be found in the bottom portion in the main page of the website marked as “Most Recently Updated” or “Last Updated.”
5. Membership Registration
(3) In principle, the Company accepts all membership registration applications. However, the Company may not accept, cancel or terminate the membership contract for any Applicant who falls under the following cases:
- The Applicant who has previously lost membership based on the violation of these Terms. The Applicant may, however, regain membership after obtaining approval from the Company for re-registration;
- The Applicant who fills in false information or does not fill in the information requested by the Company;
- The Applicant under the age of 13, who, in principle, are prohibited from using our Service;
- If the Applicant is under the age of 13 and you are a parent or legal guardian of the applicant, by allowing the Applicant to use our Service, you are legally bound to this Terms of Service and also liable for the Applicant’s use of our Service; and
- The Applicant who the Company is unable to approve due to reasons attributable to him/her or has violated matters stipulated in these Terms.
(4) The Company may withhold approval if it does not have enough service-related facilities or has technical or business problems.
6. Change of Member Information
(1) The Member may view and modify his/her personal information at any time through the personal information management screen or settings.
(2) If there is any change made to the information entered at the time of membership application, the Member is encouraged to correct the changed information online using the personal information management screen or the settings option.
7. Management of Member ID and Password
(1) The Member shall be responsible for managing his/her own ID and password, and he/she shall not allow any third party to use them.
(2) The Company may restrict the use of the ID which may have a risk of personal information leakage, or ID associated with a User that violates social norm, or such use of ID that may possibly mislead other Users as being affiliated with the Company or its operator.
(3) If the Member recognizes that the ID and password have been stolen or used by any third party, the Member is encouraged to immediately notify the Company of it and follow the instructions of the Company.
(4) In the case of the Paragraph 3, the Company shall not be held liable for any disadvantages arising from failure to follow the instructions, regardless of whether the Member has notified the Company or not.
8. Intellectual Property Rights
(1) The Company holds all intellectual property rights required in the process of providing the Service and the Service itself.
(2) In connection with the Service, the Company grants only the right to use the Service, account, ID, nickname, etc. to the User according to these Terms, and the User shall not transfer, sell, or pledge the foregoing right.
(3) Except as otherwise permitted by these Terms, the User shall not use or allow any third party to use the information obtained by the Company, in which intellectual property rights belong to the Company, by duplication, transmission, publication, distribution, broadcasting, or other means without prior consent from the Company.
(4) The User shall not remove copyright, trademark, and watermark included in the Service and the User Created Work without prior approval from the Company.
(5) The Company reserves all rights not expressly granted to the User. The Company may grant a limited license to use, download, access, etc. any part of the Service in a non-commercial and personal manner if the User meets our membership requirements.
(6) The Company reserves the right to remove any content uploaded by the User if the content does not meet our User Guidelines and/or infringes a third party’s intellectual property (such as patent, trademark, copyright, etc.). While the Company will remove any infringing content within a reasonable time, the User will be held responsible to that intellectual property owner. Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, which may be in a literary, artistic, educational, or musical form. The User owns the contents created by the User, including the User Created Work. However, to use our Service, the Company requires the content-generating User to grant rights, such as licensing, to the Company. For example, the content-generating User grants a royalty-free, non-exclusive license for the Company to use that generated content. Said license may be further transferable and may be sublicensed to other entities at the discretion of the Company. Further, said license to the Company does not have geographical limits. Said license also includes the Company’s right to profit from the content. However, this does not mean that the User will be entitled to a payment as this license is a royalty-free license. This license may terminate after a reasonable period of time from the generated content’s removal from the Service. The copy of the generated content may not be distributed, displayed, or shared but may be retained by the Company for a certain reasonable period of time.
(7) The content-generating User also grants other Users (either content-generating or non-generating User) the license so that other Users may freely share, playback, or the like. The Company does not address intellectual property disputes between Users and if this is the case, the individual User should retain their own attorney. The Company will make reasonable efforts to take down the content infringing intellectual property and suspend or terminate the account associated with that infringing User.
9. Service Provision and Modification
(1) The Company may not transfer or sublicense the Service to the User and provides a non-exclusive use right.
(2) Unless otherwise specified in these Terms, the User is free to create the User Created Work by using the Service.
(3) The contents of the Premium Service provided by the Company for a fee are as follows:
- The service marked “premium”;
- The service that removes the watermark of the User Created Work;
- The service that removes advertisement exposure; and
- The asset download service marked “premium” in the Asset Store.
(4) In principle, the Service is provided 24 hours a day, 365 days a year.
(5) The Company may temporarily suspend the provision of the Service in the event of maintenance, inspection, replacement or breakdown of information and communication facilities such as computers, communication interruptions, or any other significant operational reasons.
(6) The Company may conduct periodic inspections if necessary for the provision of the Service, and the inspection time will be as announced in the initial screen of the Service.
(7) The Company may change all or part of the Service provided by the Company according to operational and technical needs if there is a considerable reason.
(8) The Company may modify, suspend, or change some or all of the Free Service as required by its policies and operations, and does not provide separate compensation to the User unless otherwise specified in the applicable laws.
10. Restriction on Service Use
The User may not perform the following actions in connection with the use of the Service:
- Using the Service even if the User may not agree to these Terms or does not have the legal ability to agree;
- Removing the watermark of the User Created Work or preventing the watermark from being visually exposed;
- Using the User Created Work created using the IP Premium Asset for commercial purposes;
- Creating the User Created Work using only the Asset;
- Using the Asset for purposes other than creating the User Created Work;
- Using the Asset outside the scope of the license specified in the Asset description;
- Using part or all of the Asset for trademarks, logos, service marks or design marks of the User or any third party;
- Transferring, sharing, sublicensing or reselling some or all of the Service to any third party;
- Integrating some or all of the Service into other programs or products; and
- Producing the User Created Work that contains explicit sexual expressions; discrimination of race, nationality, creed, sex, etc.; expressions that induce or promote suicidal behavior, substance abuse; and other anti-social content that may be offensive to others.
11. Purchase and Payment
If the User purchases the Service provided by the Company, such as the Premium Service and the Paid Assets, through a sales agency or payment processing company (Google Play, etc.), the liability for the payment is a matter of contract between the User and them, and the Company is not a party to such a contract and is not liable for it. If the User has any complaints or problems with the sales agency or payment processing company, the User shall contact the customer support team of the sales agent or payment processing company without delay.
12. Provision of Information and Advertisement
(1) The Company may provide the User with various information deemed necessary while using the Service through notice, in-app message and push notification service. However, the User may refuse to receive push notifications at any time, except for the transaction-related information under the applicable law and the response to User inquiries.
(2) The Company may place advertisements or other marketing related notices and events on the service screen and website. The Company shall not be responsible for any loss or damage incurred as a result of the User’s participation in the promotional activities of any advertiser or the transaction.
(3) The Company may include or recommend links to third-party websites and services or products as part of or in connection with the Service. The Company shall not be responsible for any direct or indirect damage or loss that has occurred or is assumed to have occurred on the websites.
13. Termination and Membership Withdrawal
(1) When the User no longer wants to use the Service provided by the Company, the User may terminate the Service at any time by notifying the Company of his/her intention to withdraw the membership or remove the account associated with the Service.
(2) If the service use contract is terminated due to the expression of his/her intention, the right to use all of the Service provided to the User is withdrawn, and the Company shall not be responsible for any damages caused by the withdrawal, except to the extent that arises from the intention or negligence of the Company.
(3) The Member may request the withdrawal of his/her membership from the Company by sending an email to the address below at any time, and the Company may accept the withdrawal at its own discretion or based on the applicable laws:
(5) Even if the Member withdraws from the membership, the User may still use and access the Service (such as viewing the content provided by the Service without creating an account or logging in) and these shall continue to apply to the User.
14. Denial of Service Provision
(1) The Company may terminate the Service provided to the User by notifying the User of the reasons for the termination by email, telephone, or other means in the following cases:
- If the User uses the Service in a manner that violates this Terms of Service;
- If the User interferes with the normal operation of the Service; and
- If it is deemed necessary to terminate the Service provided to the User through reasonable judgment by the Company.
(2) Notwithstanding the preceding paragraph, if the User violates the relevant laws, such as illegal use of other’s name, illegal payment, illegal communications, hacking, distribution of malicious programs, and the act of illegally gaining access rights, the Company may immediately request a permanent suspension of use of the Service and compensation for damages.
(3) Upon the termination of the Service, the rights to use all the Service provided to the User will be recovered to the Company, and the Company shall not be responsible for any damages caused by the termination.
(4) The User may raise an objection to the restrictions on the use of the Service pursuant to this Article in accordance with the procedures set by the Company, and the Company may immediately resume the use of the Service provided to the User if the objection is deemed justifiable.
15. Limitation on Liability and Compensation for Damage
(1) The Service provided by the Company is provided “as is.” The Company does not make any particular warranties about the Service the Company provides which includes but are not limited to any inaccuracies, mistakes, interruption, cyber-attack, unavailability associated with the Service.
(2) To the maximum extent permitted by the applicable laws, the User agrees to defend, indemnify, and hold harmless the Company, affiliates, and subsidiaries, as well as officers, directors, employees, agents, and advisors of the respective Company, affiliates, and subsidiaries from any and all claims, liabilities, expenses (including but not limited to attorney's fees and expenses), costs, damages, obligations, and losses arising from the User’s breach of this Terms of Services and other applicable laws, and the User’s violation of third parties’ rights, including intellectual property rights. The limitations on the Company’s liability to the User applies whether or not the User has been aware of it or has been advised of it.
(3) The Company does not make any contracts or guarantees for any specific matters not specified in these Terms in relation to the Service and the Asset.
(4) The Company shall be exempted from responsibility for the provision of the Service if the Company is not able to provide the Service due to force majeure, such as natural disasters and unpredictable or unavoidable bugs or errors.
(5) The Company shall not be responsible for the use of the Free Service unless there are special regulations in the applicable laws.
(6) In any case, the Company shall not be responsible for punitive, indirect, special, consequential, or incidental damages, and any loss of profit, opportunity (including business opportunities), reputation, good will, or data in connection with the use of the Service.
(7) The Company shall not be held liable for any problems and damages arising from the use of the Service by the User outside the scope specified in these Terms, over which the User will hold full responsibility.
(8) If the User damages the Company or any third party by violating the provisions in these Terms or due to reasons attributable to the User, the User shall compensate for all damages.
16. Personal Information Protection
17. Governing Law and Jurisdiction
All claims arising out of or relating to this Terms of Service between the Company and the User shall be governed by California law. Disputes between the User and the Company shall be brought solely in the state or federal courts located in Los Angeles, California.
(1) Even if some provisions of these Terms become unenforceable, other provisions are not affected.
(2) This Terms of Service shall apply to the relationship between the Company and the User in place of the previous version.
(3) Neither the Company nor the User may transfer the provisions and obligations prescribed in these Terms to any third party without the consent of the other party.
If you have any questions regarding the Service and the Terms of Service, please email us at firstname.lastname@example.org.
Last updated: January 27, 2021