YoonEunHye.net is a social networking service that allows Members to communicate with people and share their interest in Korean actress Yoon Eun Hye. YoonEunHye.net is a fansite and is not officially affiliated with or operated by Yoon Eun Hye, her management, or her representatives.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by YoonEunHye.net, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your YoonEunHye.net Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and YoonEunHye.net may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause YoonEunHye.net liability. You must immediately notify YoonEunHye.net of any unauthorized uses of your account or any other breaches of security. YoonEunHye.net will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Members. If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by YoonEunHye.net or otherwise.
By submitting Content to YoonEunHye.net for inclusion in the Website, you grant YoonEunHye.net a perpetual, irrevocable, transferable, world-wide, royalty-free, sublicensable, and non-exclusive license to use, reproduce, modify, adapt and publish the Content, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize the sublicenses of such Content and any derivative works.
The following is a partial list of the kind of activity that is illegal or prohibited on the Website. YoonEunHye.net reserves the right to investigate and take appropriate legal action against anyone who, in YoonEunHye.net’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, YoonEunHye.net reserves the right to restrict the number of emails or private messages which a Member may send to other Members in any 24-hour period to a number which YoonEunHye.net deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to YoonEunHye.net, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay YoonEunHye.net $50 for each such unsolicited email or other unsolicited communication you send through the Website;
- covering or obscuring the banner advertisements on the Website via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- attempting to impersonate another Member or person;
- any bots, hacks, and data-mining programs;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your account;
- using any information obtained from the Webite in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting comments, messages or bulletins with a commercial purpose, or sending private messages with a commercial purpose; and
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
Without limiting any of those representations or warranties, YoonEunHye.net has the right (though not the obligation) to, in YoonEunHye.net’s sole discretion (i) refuse or remove any content that, in YoonEunHye.net’s reasonable opinion, violates any YoonEunHye.net policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in YoonEunHye.net’s sole discretion. YoonEunHye.net will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. YoonEunHye.net has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, YoonEunHye.net does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. YoonEunHye.net disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Responsibility of Official Contributors. If you write an article on our blog, or otherwise submit material to YoonEunHye.net for inclusion in the Website (any such material, “Content”) as an official writer or contributor, you grant YoonEunHye.net a perpetual, irrevocable, transferable, world-wide, royalty-free, sublicensable, and non-exclusive license to use, reproduce, modify, adapt and publish the Content, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize the sublicenses of such Content and any derivative works. You agree not to reproduce or allow the reproduction of the Content on other websites or publications, without express written permission from YoonEunHye.net.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which YoonEunHye.net links, and that link to YoonEunHye.net. YoonEunHye.net does not have any control over those non-YoonEunHye.net websites and webpages, and is not responsible for their contents or their use. By linking to a non-YoonEunHye.net website or webpage, YoonEunHye.net does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. YoonEunHye.net disclaims any responsibility for any harm resulting from your use of non-YoonEunHye.net websites and webpages.
- Copyright Infringement and DMCA Policy. As YoonEunHye.net asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by YoonEunHye.net violates your copyright, you are encouraged to notify YoonEunHye.net in accordance with the Digital Millennium Copyright Act (“DMCA”). YoonEunHye.net will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of YoonEunHye.net or others, YoonEunHye.net may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, YoonEunHye.net will have no obligation to provide a refund of any amounts previously paid to YoonEunHye.net.If you believe that material located on or linked to by YoonEunHye.net violates your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material (specific location/url of the content);
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of copyright infringement, we can be reached by email at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
- Intellectual Property. This Agreement does not transfer from YoonEunHye.net to you any YoonEunHye.net or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with YoonEunHye.net. YoonEunHye.net, the YoonEunHye.net logo, and all other trademarks, service marks, graphics and logos used in connection with YoonEunHye.net, or the Website are trademarks or registered trademarks of YoonEunHye.net or YoonEunHye.net’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any YoonEunHye.net or third-party trademarks.
- Changes. YoonEunHye.net reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. YoonEunHye.net may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. YoonEunHye.net may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your YoonEunHye.net account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. YoonEunHye.net and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither YoonEunHye.net nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will YoonEunHye.net, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to YoonEunHye.net under this agreement during the twelve (12) month period prior to the cause of action. YoonEunHye.net shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless YoonEunHye.net, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between YoonEunHye.net and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of YoonEunHye.net, or by the posting by YoonEunHye.net of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; YoonEunHye.net may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
BY USING YOONEUNHYE.NET, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.