Terms of Service
Last updated: December 20, 2016
This English translation is provided for your reference purposes only, and is not legally binding. Only a Korean version of the terms and conditions of KineMaster Services are legally binding.
These Terms of Service ("Terms", "Terms of Service") govern the relationship between you (“you” or “Customer”) and the KineMaster mobile application (the "Service", or “KineMaster”) and the KineMaster Asset Store service (“Asset Store”) operated by NexStreaming Corp. ("us", "we", or "our", “NexStreaming”).
Please read these Terms of Service carefully before using our KineMaster mobile application (the "Service").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1.1 “Asset” means any video, image, audio, animation, transition, filter, template, or effect provided by us for use in video projects in KineMaster, whether embedded in KineMaster or downloaded via the Asset Store or provided by any other means of distribution.
1.2 “Asset Description” means descriptive text that appears with an Asset in the Asset Store.
1.3 “Premium Asset” means any Asset which is marked as premium in the Asset Store and for which a specific license is not given in the accompanying Asset Description.
1.4 “Paid Asset” means any Asset which is marked with a purchase price in the Asset store and for which a specific license is not given in the accompanying Asset Description.
1.5 “Free Asset” means any Asset which is not a Paid Asset or Premium Asset and for which a specific license is not given in the accompanying Asset Description.
1.7 “Exported Video” means the resulting digital video file when you create an audio-visual project in KineMaster and export that project as a digital video file.
2. Disclosure, Validity and Amendment of Terms
2.1 We will disclose these Terms on the initial landing page or connecting page of KineMaster to help you to check these terms, together with the name, place of business, the name of representative(s), business registration number and contact numbers (telephone and facsimile numbers, email address, etc.) of NexStreaming.
2.2 We may amend these Terms to the extent permitted by the Regulation of Standardized Contracts Act, the Digital Signature Act, the Act concerning Promotion of Utilization of Information and Communications Networks and Protection of Information, etc., and any other applicable laws. If an amendment is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect.
2.3 If any terms of these Terms are amended by us, all amended terms shall be effective by continuing to access or use our Service. If you do not agree to the new terms, please stop using the Service.
3. Intellectual Property
3.1 The Service and its original content, features and functionality are and will remain the exclusive property of NexStreaming and its licensors. The Service is protected by copyright, trademark, and other laws of both the Republic of Korea and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NexStreaming.
4. Grant of Rights
4.1 NexStreaming grants you a perpetual, non-exclusive, non-transferrable right to use, modify, and reproduce Assets as expressly permitted by the applicable license and subject to the limitations set forth herein.
4.2 SUBSCRIBER LICENSE
4.2.1 The Subscriber License applies to any Exported Videos produced in KineMaster while you are a current paid subscriber to KineMaster, and grants you the right to use both Free Assets and Premium Assets in said Exported Videos:
a) As a digital reproduction in digital video form; or
b) As part of a television or radio broadcast
4.3 NON-SUBSCRIBER LICENSE
4.3.1 The Non-Subscriber License applies to any Exported Videos produced in KineMaster while you are not a current paid subscriber to KineMaster, and grants you the right to use Free Assets in said Exported Videos:
a) As a digital reproduction in digital video form; and
b) For your own personal, non-commercial use only
4.4.1 Notwithstanding the foregoing and without limitation, you may not:
a) Use Assets other than as part of Exported Videos produced in KineMaster
b) Use Assets other than as expressly provided by the applicable license
c) Use Assets as part of a trademark, logo, service mark, or design mark
d) Transfer, distribute, share, provide access to, sublicense, or resell Assets or any parts thereof, except as provided herein
e) Falsely represent or imply that the Assets were created by any person other than the copyright holders.
f) Use an Asset as part of an Exported Video where the Asset is the primary content.
g) Use Assets in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal
4.5 Upon notice from NexStreaming or if you learn that any Asset is subject to claim of infringement or any other claim for which NexStreaming may be liable, you will cease any future use of the Asset at your own expense.
4.6 If you use an Asset in a context where copyright attribution is customary, you shall provide credit in substantially the following form:
(Music/Images/Overlays/Visual Effects/etc.) courtesy of NexStreaming Corp.
(Produced/Edited) Using KineMaster
5.1 All payments are processed through the relevant payment provider (such as Google Play, WeChat, and so on), not directly by NexStreaming.
5.2 Except when required by law, NexStreaming shall be under no obligation to issue refunds under any circumstances. NexStreaming shall determine whether to issue a refund based on the guidelines of the payment provider through which the relevant payment was processed, or at NexStreaming’s sole discretion if such guidelines are not provided. If NexStreaming determines that you are entitled to a refund, such refund will be processed via the same payment provider that processed the original payment.
6. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by NexStreaming. NexStreaming has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that NexStreaming shall 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 such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
7.1 Termination by you:
- You may terminate these Terms at any time by notifying us of your intent to terminate it through the applicable service webpage.
- You shall be solely responsible for any consequences arising out of a termination notice sent, and upon termination of these Terms, we may withdraw all benefits additionally granted to you by us.
7.2 Termination by us:
- We may terminate these Terms in the event of occurrence or finding the following:
i) violation of, infringement upon or damage to the rights, reputation, credit or any
other interest of any third party, or breach of Korean laws/regulations or public
order and good morals;
ii) obstruction of or any try to impede the proper processing of the Service
provided by us
iii) circumstances in which we find it necessary, in its reasonable judgment, to
refuse the provision of the Service
b) If we terminate these Terms with you, we will notify you of its intent of termination
by disclosing the reason(s) for termination by e-mail, by phone or otherwise.
These terms shall be terminated at the time when we notifies you of its intent of
c) When these Terms is terminated pursuant to this Article, we may withdraw all
benefits additionally granted to you by us.
8. Term and Suspension of Provision of the Service
8.1 The term of the provision of the Service will begin from the date on which use of the Service are applied for, and ends on the date of termination of these Terms.
8.2 We may suspend its provision of the Service temporarily upon the occurrence of a justifiable event, including without limitation, the maintenance, repair, examination, replacement of information and communications facilities (such as computers), or if such facilities are out of order; provided that a notice containing the fact and reasons for temporary suspension of the Service shall be displayed on the initial landing page of the KineMaster web site.
8.3 We may restrict or temporarily suspend its provision of the Service if it is unable to provide the Service due to an act of God or a force majeure event equivalent thereto.
9.1 We expressly disclaims any and all promises or warranties of any kind regarding matters not set forth in the Terms of Service.
9.2 If we restrict or suspend the Service pursuant to Section 8.3, we shall on grounds of a force majeure event be released from any liability for damages.
9.3 We shall not be liable for any disruption or other interruption in the use of the Service that has arisen for a reason attributable to you.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law provisions. Any dispute/lawsuit do arise between us, out of or in relation to or in connection with these Terms or for the breach thereof, they shall be submitted to the competent court having jurisdiction over the place where the head office of NexStreaming is located.
12.1 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12.2 These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
12.3 Neither you nor us shall transfer any rights and obligations under these Terms to a third party without the express consent of the other party.
If you have any questions about these Terms, or to inquire about a license to Assets not provided herein, please contact us at [email protected]