1. Your relationship with KDI School
1.1 Your use of services of K-Developedia (referred to below as "Services") is subject to the terms of a legal agreement between you and KDI School of Public Policy and Management (referred to below as "KDI School"), located at 87 Hoegiro, Dongdaemun-gu, Seoul, Korea. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with KDI School, your agreement with KDI School will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms".
1.3 The "Terms" form a legally binding agreement between you and KDI School in relation to your use of service. It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1 In order to use the service, you must first agree to the "Terms". You may not use the Services if you do not accept the "Terms".
2.2 You can accept the "Terms" by:
(A) clicking to accept or agree to the "Terms", where this option is made available to you by KDI School in the user interface; or
(B) by actually using K-Developedia. In this case, you understand and agree that KDI School will treat your use of the Services as acceptance of the "Terms" from that point onwards.
2.3 You may not use the K-Developedia and may not accept the Terms if (a) you are not of legal age to form a binding contract with KDI School, or (b) you are a person barred from receiving the Services under the laws of Republic of Korea or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the "Terms" for your records.
3. Language of the Terms
3.1 Where KDI School has provided you with a translation of the English language version of the "Terms", then you agree that the translation is provided for your convenience only and that the English language version of the "Terms" will govern your relationship with KDI School.
3.2 If there is any contradiction between what the English language version of the "Terms" says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services
4.1 You acknowledge and agree that the form and nature of the Services which KDI School provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that KDI School may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at KDI School's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform KDI School when you stop using the Services.
4.3 You acknowledge and agree that if KDI School disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as email address) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to KDI School will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Republic of Korea or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by KDI School, unless you have been specifically allowed to do so in a separate agreement with KDI School. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with KDI School, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that KDI School has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which KDI School may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to KDI School for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify KDI School immediately at (email: firstname.lastname@example.org )
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with KDI School's privacy policies.
7.3 You agree to receive e-mail notification.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, audio files or other sounds, photographs, videos) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors who provide that Content to K-Developedia (or by other persons or institutes on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by KDI School or by the owners of that Content, in a separate agreement.
8.3 K-Developedia reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You agree that you are solely responsible for (and that KDI School has no responsibility to you or to any third party for) any Content that you transmit or display while using the Services and for the consequences of your actions (including any loss or damage which KDI School may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that KDI School own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
9.2 Unless you have agreed otherwise in writing with KDI School, nothing in the Terms gives you a right to use any of KDI School's logos, domain names, and other distinctive brand features.
9.3 KDI School acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with KDI School, you agree that you are responsible for protecting and enforcing those rights and that KDI School has no obligation to do so on your behalf.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
10. License from KDI School
10.1 KDI School gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by KDI School as part of the Services as provided to you by KDI School (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by KDI School, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by KDI School, in writing.
10.3 Unless KDI School has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Ending your relationship with KDI School
11.1 The Terms will continue to apply until terminated by either you or KDI School as set out below.
11.2 If you want to terminate your legal agreement with KDI School, you may do so by (a) notifying KDI School at any time and (b) closing your accounts for all of the Services which you use, where KDI School has made this option available to you. Your notice should be sent, in writing, to KDI School's address which is set out at the beginning of these Terms.
11.3 KDI School may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) KDI School is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom KDI School offered the Services to you has terminated its relationship with KDI School or ceased to offer the Services to you; or
(D) KDI School is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
11.4 Nothing in this Section shall affect KDI School's rights regarding provision of Services under Section 4 of the Terms.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and KDI School have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 Nothing in these terms, including Sections 12 and 13, shall exclude or limit KDI School’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
12.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
12.3 In particular, KDI School and its licensors do not represent or warrant to you that:
(A) Your use of the services will meet your requirements,
(B) Your use of the services will be uninterrupted, timely, secure or free from error,
(C) Any information obtained by you as a result of your use of the services will be accurate or reliable, and
(D) That defects in the operation or functionality of any software provided to you as part of the services will be corrected
12.4 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
12.5 No advice or information, whether oral or written, obtained by you from KDI School or through or from the services shall create any warranty not expressly stated in the terms.
12.6 KDI School further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
13. LIMITATION OF LIABILITY
13.1 Subject to overall provision in paragraph 12.1 above, you expressly understand and agree that KDI School and its licensors shall not be liable to you for:
(A) Any direct, indirect, incidental, special consequential or exemplary damage which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) Any changes which KDI School may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(iv) Your failure to provide KDI School with accurate account information;
(v) Your failure to keep your password or account details secure and confidential.
13.2 The limitations on KDI School’s liability to you in Paragraph 13.1 above shall apply whether or not KDI School has been advised of or should have been aware of the possibility of any such losses arising.
14. Copyright and trade mark policies
14.1 It is KDI School's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
15. Other content
15.1 The Services may include hyperlinks to other web sites or content or resources. KDI School may have no control over any web sites or resources which are provided by institutions or persons other than KDI School.
15.2 You acknowledge and agree that KDI School is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
15.3 You acknowledge and agree that KDI School is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
16.1 KDI School may make changes to the Terms from time to time. When these changes are made, KDI School will make a new copy of the Terms available on K-Developedia.
16.2 You understand and agree that if you use the Services after the date on which the Terms have changed, KDI School will treat your use as acceptance of the updated Terms.
17. General legal terms
17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and KDI School and govern your use of the Services (but excluding any services which KDI School may provide to you under a separate written agreement), and completely replace any prior agreements between you and KDI School in relation to the Services.
17.3 You agree that KDI School may provide you with notices, including those regarding changes to the Terms by postings on the Services.
17.4 You agree that if KDI School does not exercise or enforce any legal right or remedy which is contained in the Terms (or which KDI School has the benefit of under any applicable law), this will not be taken to be a formal waiver of KDI School's rights and that those rights or remedies will still be available to KDI School.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
November 21, 2012