The KpopHeaven Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the KpopHeaven Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of the KpopHeaven Web Site may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the KpopHeaven Web Site may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular KpopHeaven website, then these terms shall control.
KpopHeaven reserves the right to change the terms, conditions, and notices under which the KpopHeaven Web Sites are offered, including but not limited any charges associated with the use of the KpopHeaven Web Sites. You are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE OF SITE LIMITATION
Unless otherwise specified, the KpopHeaven Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the KpopHeaven Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with KpopHeaven or to purchase KpopHeaven products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of KpopHeaven is strictly prohibited.
Harassment in any manner or form on the Site or any of the KpopHeaven Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a KpopHeaven employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
MISUSE, FRAUD OR MISREPRESENTATION IN CONNECTION WITH KpopHeaven PROMOTIONS OR REFERRAL CREDIT PROGRAM
KpopHeaven's referral credit program is designed to reward existing members ("Sponsors") for referring new members to KpopHeaven by awarding the Sponsor a credit when the new member makes his or her first KpopHeaven purchase. Accordingly, Sponsors are only entitled to receive referral credits upon the initial purchase of KpopHeaven merchandise by a new member introduced for the first time to KpopHeaven by the Sponsor. The receipt by any Sponsor of referral credit(s) by any means other than as a result of the initial purchase of KpopHeaven merchandise by a new member introduced to KpopHeaven by the Sponsor shall be a violation of these terms and conditions, shall be null and void, subject to immediate cancellation, and may subject the member or Sponsor to civil and/or criminal penalties under applicable law.
In addition, from time to time KpopHeaven may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from KpopHeaven by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of KpopHeaven. The collective work includes works that are licensed to KpopHeaven. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to KpopHeaven, or other respective owners that have granted KpopHeaven the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide KpopHeaven's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Sites;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address (if available); and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Notices of claimed copyright infringement should be directed to:
50 Quality Street, #757
Trumbull, CT 06611
In the event a KpopHeaven product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, KpopHeaven shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. KpopHeaven shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, KpopHeaven shall issue a credit to your credit card account in the amount of the incorrect price.
TERM & TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by KpopHeaven without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with KpopHeaven, KpopHeaven has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KpopHeaven. KpopHeaven has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that KpopHeaven sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, KpopHeaven seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of KpopHeaven products and/or each claim or statement comparing the effectiveness of KpopHeaven products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
KpopHeaven makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
KpopHeaven does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KpopHeaven DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KpopHeaven DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KpopHeaven DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless KpopHeaven, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of KpopHeaven products) shall be in the state or federal courts located in New York County, New York. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of KpopHeaven products) must be commenced within one (1) year after the claim or cause of action arises. KpopHeaven's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KpopHeaven may assign its rights and duties under this Agreement to any party at any time without notice to you.
KpopHeaven makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside New York do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of New York.
By using this Site, you agree that KpopHeaven, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
KpopHeaven may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Copyright © 2012 KpopHeaven.com. All rights reserved.