Welcome to K BIAS, the mobile app distributed by Hellomarket Inc. Before using out mobile application, please take time to understand our rules.
This document, which includes rules, policies and any other documents referenced, make up the Terms and Conditions of Service (“Terms”). They serve as a legally binding contract between you and Hellomarket Inc. (“Hellomarket” or “us” or “we”), setting out your rights and responsibilities when you use our “Service” (which includes mobile app or the “App”, mobile web, website, networks and all other services we provide).
We can amend the Terms at any time by posting a revision, which will be effective at the time we post the revision. If we determine that the changes reduces your rights or increases your responsibilities in a material way, we will provide you with anotification.
The Service is an online peer to peer marketplace. Hellomarket Inc. does not sell or purchase any items itself, take possession of any items, either for itself or for any other users. Users that sell items through the Service and users that buy the items through the Service are entirely responsible for the sale of items (referred herein as “goods” “items” or “products”) between them. Sellers and buyers are referred together as “Users”.
To have a K BIAS account you must be at least 13 years of age.
By using the Service, you agree to comply with the following and any and all policies, new and revised, we may institute from time to time.
Certain features in the Service require an account. If we determine that your use of an account violates any of our terms, is considered inappropriate or deemed illegal, we can, at our sole discretion, take any appropriate action, including the permanent termination of your account. If you have previously violated the Terms with another account, refuse to provide information (or we are unable to verify such information),you can be deemed ineligible to create an account.
You may terminate your account with us by contacting us at firstname.lastname@example.org. The termination of your account will not affect the availability of the comments, chats and listings you created prior to termination. Further, you remain responsible for resolving all disputes with other users that arise from purchases and/or sales of items prior to the termination.
The Service is licensed to you under our Terms and we reserve all rights that are notexpressly granted to you. We grant to you a personal, limited, revocable and non-transferable license to use the Service on a single device that you own or control, only for your personal use.
You may not do anything to make the Service be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense any part of the Service.
You may not do anything to derive the source code of, modify or create derivative works of any part of the Service. Nor can you attempt to disable or circumvent any security or technological measures that are designed to protect the Service or content available on the Service.
All content you post on our Service shall be content you own or you have the right to use. (herein “content”) Content may include but is not limited to usernames, profile pictures, listing photos, videos, comments, chats, and description in listings.
You are solely responsible for all content you post and represent that you have all rights to such content and are not infringing or violating any third party’s rights by posting such content.
When you post content, you grant us a license to use such content, for the purpose of helping our Service work properly or grow. Thus, when you post content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of your content to promote our Service in any format or channel.
We are committed to following appropriate legal procedures to remove infringing content from the Service. If content you own or have rights to has been posted in the Service without your permission, please follow the steps outlined in the DMCA notification below.
If your content infringes on another person’s content, we will remove it promptly.
You also agree that you will not create false, misleading or inappropriate content in our Service. This includes anything that is abusive, threatening, vulgar, defamatory,obscene or offensive. We remain the sole arbiter of determining what is considered abusive, threatening, vulgar, defamatory, obscene or offensive.
Further, you agree to not post content that is false or misleading. You also agree notto use the Service in a manner that is fraudulent or deceptive.
We grant to you a personal, limited, revocable and non-transferable license to use the Service on a single device that you own or control, only for your personal use. You are subject to the following restrictions.
By using our services, you agree not to perform or engage in the following actions. This list is not exhaustive.
We may suspend, terminate or refuse service to anyone for any reason, in part and in whole, without notice unless required by law. We will promptly and permanently terminate, without notice, accounts of users who are deemed “repeat offenders.” Repeat offenders break the Terms and Conditions more than once or has their content removed from the Service at least two times.
When we terminate your account
GENERALLYYou agree that when you engage in buying and selling on K BIAS, you may not engage in behavior that is fraudulent or illegal, that you only use the Service for bona fide purchase and sale of goods.
All sales on the Service are solely between the buyer and the seller and we are not a party to any sale. Accordingly, we do not take any responsibility for any losses, harm or damages arising from any sales that occur in K BIAS.
If there is a dispute between users, it shall be resolve by the users at their own cost.We may participate in the resolution of the dispute at our own discretion, but we shall not bear any liability related to such disputes.
If you have a dispute with one or more users, you release us (and our officers, directors, employees, consultants, affiliates, subsidiaries and agents) from claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected to such disputes.
The Digital Millennium Copyright Act 17 U.S.C. Section 512 ("DMCA") provides a legal procedure by which you can request that we take-down your copyrighted work(s) appearing in connection with our mobile app K BIAS (“App”) without your permission. This procedure requires that You send a written DMCA Notice of AllegedInfringement (“Infringement Notice”), as specified under the DMCA and as set forthbelow, to our designated agent for notice of copyright infringement (“Designated Agent”).
If You are a copyright owner, or are authorized to act on behalf of a copyright owner, and You believe that copyrights are being infringed upon in connection withany content (“Content”) displayed on this App, please contact our Designated Agent in writing with the information set forth in the Infringement Notice Content section below, as follows:
Please send your Infringement Notice by email to: email@example.com.Please use the following subject line: “Notice of Infringement.”
This Policy follows the procedures provided in the DMCA, which prescribes a notice and take- down procedure, subject to the registered user’s right to submit a counter-notification claiming lawful use of any disabled Content. In the event any of the provisions in our policy conflict with any applicable requirements under the DMCA then the requirements under the DMCA shall supersede and control and the hereby incorporated into this policy by reference. If we are notified of any claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing the Content or disabling access to the Content that is the subject of the alleged infringing activity.
Infringement Notice Content: If You believe that any Content displayed through this App constitutes copyright infringement, you must submit the following information to us in writing consistent with the DMCA: 1) an electronic or physical signature of any person authorized to act on behalf of the owner of the protected interest; 2) a brief description of the copyrighted work that You claim has or is being infringed upon; 3) a description of the location on this App where any allegedly infringing Content may appear, including the URLs of web pages and/or hyperlinks; 4) Your address, telephone number, and email address; 5) a statement by You stating that You have a good faith belief that the infringing use is unauthorized; 6) a statement by You, under penalty of perjury, that the information contained in any notice to us pursuant to this Policy is accurate and that affirms that You are the copyright owner, or that You are authorized to act on behalf of the copyright owner(s).
Disputing Claims of Infringement: You may protest any alleged claim of infringement pursuant to any DMCA by submitting a counter-notification as described below. Anyone who has posted Content that allegedly infringes a copyright may send our Designated Agent a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Agent receives your counter notice, the Designated Agent may, in its/his/her sole discretion, reinstate the alleged infringing materials not less than 10 nor more than 14 calendar days after it receives the counter-notification, unless our Designated Agent receives notice from the claimant that they have filed a legal action to restrain the allegedly infringing activity. In some cases, where the infringement is done knowingly, we reserve the right, in our sole discretion, to terminate the user account of any user who has submitted/posted infringing Content. This decision will be based upon the facts and circumstances surrounding each instance of infringement. We will comply with the appropriate provisions of the DMCA in the event a counter-notification is received by our Designated Agent.
In order to send a proper Counter-Notification, you must send a written notification to our Designated Agent including the following information:
False or Misleading Notices: We shall determine the sole manner in which we decide to treat any non-compliant notices in whatever manner appears to be reasonable given the facts and circumstances presented. Any claimant or user who submits a DMCA Notice, Counter-Notification or any other notice which contains any false or materially misleading information will automatically forfeit any rights under this Policy and such notice shall be considered null and void by us.
Notice to our App Users: Pursuant to our Content Submission Policy, you are required to use only lawfully-acquired creative works as Content and your user account on this App may be dis- abled and/or terminated upon receipt of any Infringement Notice that indicates that infringing material has been submitted or posted by You. However, you are afforded the opportunity to provide a response to any alleged claims of infringement, as set forth above. We will reinstate any allegedly infringing Content and/or reinstate access to your account on this App within a reasonable amount of time in the event we determine that reinstatement of the Content is war- ranted pursuant to the terms of this Policy.
Repeat Infringers: If any App users violate this Policy or our Content Submission Policy more than once, such users’ account/membership will be subject to immediate termination. If you believe that any user of this App is a repeat infringer, please contact our Designated Agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Merits of Claims of Infringement: You acknowledge and understand that we and/or our Designated Agent are not responsible for determining the merits of any claims of infringement of the Content submitted on this App. We do not make any determinations based upon our interpretation of any relevant copyright or trademark laws or otherwise. We only respond to any claims of infringement according to the DMCA and according to this Policy as a “service provider” within the meaning of the DMCA. Any determination to take down or reinstate any alleged infringing Content is strictly based upon the procedures set forth in this Policy only.
If You believe that any Content appearing on this App constitutes trademark or service mark infringement, you must provide us with the same information in writing consistent with our DMCA Policy set forth above, except that all copyright information shall relate to the trademark or service mark instead.
You agree that, in the event we receive a written "Cease and Desist" letter or other demand ("Notice") alleging that any Content You have posted to this App infringes upon, dilutes, tarnish- es or otherwise violates the trademark/service mark rights of any third parties, we may in our sole discretion, remove or disable access to such Content until we receive either:
You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by us in our sole discretion and which we may reject for any reason without penalty or liability to You. In order for us to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
As a condition of being permitted to post Content onto this App, You acknowledge and agree that:
If we get sued in connection with an action you take using our Service, you agree to indemnify us and assist in defending Hellomarket to the best of your ability. This includes but is not limited to providing information about your experience and holding us harmless from any legal claim or demands (lawyers’ fees included) which may arise from your use of the Service, your account’s violation of another person’s rights and your breach of the Terms and Conditions of Service.
You agree that you will be responsible for your use of the Service and will defend and indemnify us from and against every claim, loss, damage, expense and liability, including reasonable lawyer’s fees and costs, arising out of or connectedto your 1) violation of any third party right, which may include intellectual property, publicity, confidentiality or privacy rights; 2) violation of the Terms and Conditions of Service, any warranties, representations or agreements alluded to in these Terms or any laws or regulation that apply; 3) access to and use of the Service; 4) involvement in any dispute or issue with a third party.
We, nor our employees, directors or any other people associated with Hellomarket, shall be liable to you for any lost profits or revenues or for any damages (actual, direct, consequential, incidental, special or punitive) arising outof or in connection with the Service, to the fullest extent permitted by applicable laws. In no event shall our liability to you or to any third party exceed the greaterof 1) the price the item sold for on our Service and its original shipping costs; or 2) $100.
Disclaimer of Warranties
All aspects of the Service, including all materials and content available through the Service, are provided “as is” and on an “as available” basis, without warrantyor condition of any kind, either express or implied. We disclaim all warranties of any kind, express or implied, related to the Service and all materials and content available through the Service, including: 1) any implied warranty of merchantability or fitness for a particular purpose, title, quiet enjoyment or non-infringement; and 2) any warranty arising out of course of dealing, usage or trade.
You assume all risk for any damage resulting from the use of the Service, you interaction or dealing with other users of the Service and any material or contentavailable through the Service. No advice or information that is obtained by you from the Service or any materials or content available through the Service will create any warranty that is not expressly stated in these terms. You agree that you use the service at your own discretion and risk and that you are solely responsible for any damage to your property or the loss of data resulting from the use of the Service or the download or use of material or content.
Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights varying from jurisdiction to jurisdiction.
Limitation of Liability
In no event will we be liable to you for any damages (indirect, incidental, special, consequential, punitive or for loss of profits, goodwill or intangible losses) arising out of or relating to your use of the Service, whether based on warranty, contract, tort, statute or any other legal theory and whether or not we have beeninformed of the possibility of damage.
We shall have no liability for terminating or suspending your account, or restricting access to your account.
Each of these provisions that that provide for a limitation of liability, disclaimer ofwarranties or exclusion of damages is to allocate the risks between the parties and such allocation is an essential element of the basis of the bargain between the parties. Each provision is severable and independent of all other provisions ofthese terms. The limitations apply even if any limited remedy fails of its essentialpurpose.
We shall have no liability for failure or delay that results from any condition or occurrence beyond our reasonable control, including but not limited to governmental action or acts of terrorism, labor conditions, acts of nature such as earthquakes, fire, flood or other acts of God, power failures and internet disturbances.
You agree that the laws of Korea shall govern this Terms and that the courts of Republic of Korea shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
If you are a CA resident, you shall and hereby do waive California Civil Code Section 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by his or her must have materially affected his or her settlement with the debtor.”
You and Hellomarket agree that any claim or dispute at law or equity that has arisen or may arise relating to or arising out of the Terms, your use of the Serviceor any products sold or purchased through the Service, will be resolved in accordance with the provisons set forth in this Legal Disputes section.