Last updated: 1st Feb, 2023
This End-User License Agreement (referred to as the "EULA") is a legally binding agreement between you, the Licensee, an individual customer or entity, and the JoongAng Daily Co., Ltd (referred to as the JoongAng Daily), the company, and the author of Celeb Confirmed, the Mobile Application and Website (collectively referred to as the “Service”), which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors' liability to you, and shall govern all access to and use of this Service. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.
By installing, copying, or otherwise using the Licensed Product (Service), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use the Service.
"EULA" shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
"Licensee" shall refer to the individual or entity that downloads and uses the Service.
"Licensor" shall refer to the company or author, the JoongAng Daily, located at 48-6, Sangamsan-ro, Mapo-gu, Seoul, KOREA.
"Service/Licensed product" shall mean Celeb Confirmed, the Licensed Product provided pursuant to this EULA.
Subject to the terms of this EULA, the JoongAng Daily hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Celeb Confirmed Mobile Application. The Service is being distributed by the JoongAng Daily. Licensee is not allowed to make a charge for distributing this Service, either for profit or merely to recover media and distribution costs.
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.
Therefore, all rights, titles, interests, and copyrights in and/or to the Service, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Service is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Service concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
Installation and Use: Licensee may download and install the Mobile Application on multiple mobile devices.
Reproduction and Distribution: Licensee may not duplicate or re-distribute copies of the Mobile Application, without the Licensors express written permission.
Licensee Limitation: The Licensee may not:
1. Use the Licensed Product for any purpose other than personal and non-commercial purposes;
2. Use the Licensed Product for any illegal or unlawful purpose;
3. Gather factual content or any other portion of the Licensed Product by any automated or manual means, including but not limited to database scraping or screen scraping; or
4. Reverse engineer, decompile or disassemble the Licensed Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
The JoongAng Daily shall provide updates and maintenance on an as-needed basis.
The JoongAng Daily has no obligation for technical support, or to continue providing or updating any of the Mobile Application.
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.
Accordingly, this EULA may be:
1. Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
2. Terminated by the JoongAng Daily; or
3. Terminated by the Licensee.
Either the JoongAng Daily or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.
The Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee without the prior written consent of the JoongAng Daily; and any attempt to do so shall be void.
Any notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.
Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.
Warranty and Disclaimer
The JoongAng Daily, the author of this Service, expressly disclaims any warranty for Celeb Confirmed. The Licensed Product and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Service.
The Licensee agrees that the JoongAng Daily shall not be liable to the Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if the JoongAng Daily has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy.
You hereby agree to indemnify and hold the JoongAng Daily harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against the JoongAng Daily, arising from any of your acts, including violating this EULA or any other agreement or any applicable law.
This Agreement rightly constitutes the entire understanding between the JoongAng Daily and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.
Intellectual Property Rights.
In the event of a third party claim that the Mobile App, or Your possession and use of the Mobile App, infringes third party’s intellectual property rights, JoongAng Daily will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
This EULA shall be governed by and construed in accordance with the laws of the Republic of Korea without giving effect to any choice or conflict of law provision or rule.
Objectionable Content Policy
Content can be deleted without prior notice by the JoongAng Daily moderator who will moderate all content and ultimately decide whether or not to delete the content to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.