Terms of Service
The Terms of Service of KineMaster, Inc. (hereinafter referred to as the “Terms”) establi
shes 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 “you
r” refers to the users who use our services, and “we,” “our” or “us” refers to the Compan
y.
1. Purpose
The purpose of the Terms of Service is to prescribe rights, obligations, responsibilities, a
nd other necessary matters between the Company and the users who use our services th
rough the access of our websites, applications, products and contents.
2. Definition
The terms used in these Terms are defined as follows:
(1) “Service” means all the services provided by the Company, including all websites, ap
plications, 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 e
tc. provided by our Service;
(5) “Paid Asset means the paid assets provided by the Company separately from the Pr
emium Service;
(6) “IP Premium Asset means the assets included in the “Fandom” category of the Ass
et Store, which is provided through a separate contract with a third-party content provid
er;
(7) “User” means the individual person who accesses or uses the Service provided by th
e Company;
(8) “Member means the User who has created an account through the registration proc
edure prescribed by the Company;
(9) “ID” includes but is not limited to an email address designated by the User and appro
ved by the Company for user identification and service use;
(10)Password” means the combination of letters, numbers, or special characters that t
he User has set himself/herself to check his/her own identity and to protect his/her righ
ts and interests;
(11)Original Video” means the User’s originally created audios (with no images), audio
s (with still images), videos, a still cut of photos, a stream of photos, etc. that are not pro
vided 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 r
esult of using the Service, such as using the editing features and storing the User’s origi
nal 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 h
erein.
(2) Before accessing our Service, the User should read, understand, and agree to these T
erms. If you do not agree with all of our Terms, then you are expressly prohibited from ac
cessing 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 t
he User may easily access, view, and understand them. If you as a User have questions r
egarding our Terms, you may freely reach out to legal@kinemaster.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 o
f 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).
(6) These Terms and supplementary User Guidelines, which may be incorporated to the
Terms herein, may be updated from time to time whenever needed at the sole discretion
of the Company (more details are explained in Article 4). The supplementary User Guidel
ines are also part of these Terms. Further, our Service as provided by the Company is als
o subject to the Company’s Privacy Policy. The Privacy Policy of the Company can also b
e found in the location of the website adjacent to where the Terms of Services is provide
d. By using our Service, the User also concedes to our Privacy Policy. If you as a User ha
ve not accessed, read, and understood our Privacy Policy, please immediately stop use o
r access of 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 o
f Service at any time and for any reason (including but not limited to the following: impro
vement of our Service, improvement of security of our Service, compliance with the appli
cable 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. T
he most recent version of the updated Terms of Service can always be found in the botto
m portion in the main page of the website marked as “Most Recently Updated” or “Last
Updated.”
5. Membership Registration
(1) The User is encouraged to sign up as a member and create an account to use part of
the Service. However, nevertheless, a User may choose to dwell on our website, applicati
on, etc. without signing up or logging in and simply view the content as provided by the S
ervice. Note that these Users are also subject to our Terms of Service, User Guidelines,
and Privacy Policy.
(2) A User who intends to become a member (hereinafter referred to as “Applicant”) shal
l sign up for a membership after agreeing to the details of these Terms and the Privacy P
olicy, and then the Company accepts such application to complete the membership regis
tration.
(3) In principle, the Company accepts all membership registration applications. However,
the Company may not accept, cancel or terminate the membership contract for any Appli
cant who falls under the following cases:
The Applicant who has previously lost membership based on the violation of thes
e Terms. The Applicant may, however, regain membership after obtaining approva
l from the Company for re-registration;
The Applicant who fills in false information or does not fill in the information requ
ested 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 th
e 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 facilit
ies 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 t
he personal information management screen or settings.
(2) If there is any change made to the information entered at the time of membership ap
plication, 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 inform
ation leakage, or ID associated with a User that violates social norm, or such use of ID th
at 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 follo
w the instructions of the Company.
(4) In the case of the Paragraph 3, the Company shall not be held liable for any disadvan
tages arising from failure to follow the instructions, regardless of whether the Member h
as notified the Company or not.
8. Intellectual Property Rights
(1) The Company holds all intellectual property rights required in the process of providin
g 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 thi
rd party to use the information obtained by the Company, in which intellectual property ri
ghts belong to the Company, by duplication, transmission, publication, distribution, broad
casting, or other means without prior consent from the Company.
(4) The User shall not remove copyright, trademark, and watermark included in the Servi
ce 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 ma
y grant a limited license to use, download, access, etc. any part of the Service in a non-c
ommercial 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 c
ontent does not meet our User Guidelines and/or infringes a third party’s intellectual pro
perty (such as patent, trademark, copyright, etc.). While the Company will remove any inf
ringing content within a reasonable time, the User will be held responsible to that intelle
ctual 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, edu
cational, 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-gen
erating 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 tha
t 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 doe
s not have geographical limits. Said license also includes the Company’s right to profit fr
om 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 pe
riod of time from the generated content’s removal from the Service. The copy of the gene
rated content may not be distributed, displayed, or shared but may be retained by the Co
mpany for a certain reasonable period of time.
(7) The content-generating User also grants other Users (either content-generating or n
on-generating User) the license so that other Users may freely share, playback, or the lik
e. The Company does not address intellectual property disputes between Users and if thi
s is the case, the individual User should retain their own attorney. The Company will mak
e reasonable efforts to take down the content infringing intellectual property and suspen
d 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 n
on-exclusive use right.
(2) Unless otherwise specified in these Terms, the User is free to create the User Create
d Work by using the Service.
(3) The contents of the Premium Service provided by the Company for a fee are as follow
s:
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 m
aintenance, inspection, replacement or breakdown of information and communication fa
cilities such as computers, communication interruptions, or any other significant operatio
nal 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 accordi
ng 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 req
uired 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 f
rom 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 descriptio
n;
Using part or all of the Asset for trademarks, logos, service marks or design mark
s of the User or any third party;
Transferring, sharing, sublicensing or reselling some or all of the Service to any th
ird party;
Integrating some or all of the Service into other programs or products; and
Producing the User Created Work that contains explicit sexual expressions; discri
mination of race, nationality, creed, sex, etc.; expressions that induce or promote
suicidal behavior, substance abuse; and other anti-social content that may be off
ensive to others.
11. Purchase and Payment
If the User purchases the Service provided by the Company, such as the Premium Servic
e 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 the
m, and the Company is not a party to such a contract and is not liable for it. If the User h
as any complaints or problems with the sales agency or payment processing company, th
e User shall contact the customer support team of the sales agent or payment processin
g company without delay.
12. Provision of Information and Advertisement
(1) The Company may provide the User with various information deemed necessary whil
e using the Service through notice, in-app message and push notification service. Howev
er, the User may refuse to receive push notifications at any time, except for the transacti
on-related information under the applicable law and the response to User inquiries.
(2) The Company may place advertisements or other marketing related notices and even
ts 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 o
r products as part of or in connection with the Service. The Company shall not be respon
sible for any direct or indirect damage or loss that has occurred or is assumed to have oc
curred on the websites.
13. Termination and Membership Withdrawal
(1) When the User no longer wants to use the Service provided by the Company, the Use
r 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, th
e 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:
removeidentity@kinemaster.com
(4) When the Member applies for the withdrawal of his/her membership, the Company s
hall delete all of his/her personal information within a reasonable time in a way that it is
not able to be recovered, distributed, displayed, shared, or the like, except where the Co
mpany is required to retain User information in accordance with the applicable laws and
our Privacy Policy.
(5) Even if the Member withdraws from the membership, the User may still use and acce
ss 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 o
f the reasons for the termination by email, telephone, or other means in the following cas
es:
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 re
asonable 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, distributi
on of malicious programs, and the act of illegally gaining access rights, the Company ma
y immediately request a permanent suspension of use of the Service and compensation f
or 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 an
y damages caused by the termination.
(4) The User may raise an objection to the restrictions on the use of the Service pursuan
t to this Article in accordance with the procedures set by the Company, and the Compan
y 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 mak
e any particular warranties about the Service the Company provides which includes but a
re not limited to any inaccuracies, mistakes, interruption, cyber-attack, unavailability ass
ociated 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 officer
s, directors, employees, agents, and advisors of the respective Company, affiliates, and s
ubsidiaries from any and all claims, liabilities, expenses (including but not limited to atto
rney'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 Compan
y’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 no
t 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 dis
asters and unpredictable or unavoidable bugs or errors.
(5) The Company shall not be responsible for the use of the Free Service unless there ar
e special regulations in the applicable laws.
(6) In any case, the Company shall not be responsible for punitive, indirect, special, cons
equential, 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 th
e User will hold full responsibility.
(8) If the User damages the Company or any third party by violating the provisions in the
se Terms or due to reasons attributable to the User, the User shall compensate for all da
mages.
16. Personal Information Protection
The Company respects the personal information of the User and handles it safely in acco
rdance with the Privacy Policy.
17. Governing Law and Jurisdiction
All claims arising out of or relating to this Terms of Service between the Company and th
e 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.
18. Others
(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 U
ser in place of the previous version.
(3) Neither the Company nor the User may transfer the provisions and obligations prescri
bed 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 u
s at legal@kinemaster.com.
Last updated: January 27, 2021