Условия обслуживания

Terms of Use

 

Effective date: December 12, 2023
Last updated: September 24, 2024

Welcome to iTok! These are our terms of use, and they govern your use of iTok, and the other products, services, and software we offer (collectively, the “Service”). “We”, ”our,” or “us” refers to Petdol co.,ltd.. and our subsidiaries. “iTok” refers to the Service. By using iTok, you agree to these terms, our Privacy Policy, our Community Guidelines, and the other policies we post. Please read these terms carefully.

 

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. WE EXPLAIN MORE ABOUT ARBITRATION AND DISPUTE RESOLUTION, AND HOW YOU CAN OPT OUT OF ARBITRATION, BELOW.

 

Who can use iTok

You must be at least 14 years old to use iTok. We will terminate any accounts used by underage users as determined in our sole discretion, including all content.

If you accept these terms or use iTok on behalf of a business or entity, you represent and warrant you are authorized to do so and have the authority to bind that business or entity to these terms, in which case the words “you” and “your” in these terms include you and that business or entity.

 

Privacy

Our Privacy Policy describes how we collect, use, share, or otherwise process information about you and your use of the Service.

 

Abusive conduct

You are responsible for all activity on your account. Don’t do anything illegal, abuse others, or misuse the Service. If you violate our policies we may suspend your access to certain features or terminate your account. For more information about your conduct obligations, review our Community Guidelines and Security Policy.

 

Subscription and billing

Subscription and Fees

Much of the Service is free of charge. We also offer subscription plans that provide access to enhanced services and additional iTok Content for a fee (a “Subscription”). You may purchase a Subscription directly from us or through a third party, such as the iOS App Store or Google Play. If you purchase a Subscription from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to the Service.

Your payment to us or the third party through which you purchased the Subscription will automatically renew and continue until terminated. You must cancel your Subscription before it renews in order to avoid paying the subscription fees for the next billing period (see “Cancellation and Refunds” below). We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time. If you have purchased a Subscription, we will give you advance notice of significant changes to your plan.

Unless we specify that your Subscription includes use of the Service by multiple users, your Subscription is for a single user only. You may not share your Subscription with anyone else, and you may access and use your Subscription on up to ten devices on a single operating system.

 

Payment Method

Unless otherwise indicated, you are required to provide a credit card or other payment method that we, or the third party through which you purchased the Subscription, accept to pay the applicable fee for a Subscription. We or such third party will charge the payment method you’ve chosen a subscription fee plus any applicable taxes on a recurring basis corresponding to the term of your Subscription. You are solely responsible for any and all fees charged to the payment method you’ve chosen. We reserve the right to cancel your Subscription if we are unable to successfully charge your payment method.

 

Billing Period

We or the third party from who you purchased a Subscription will automatically bill you using the payment method you’ve chosen on the day you start your Subscription or the day your free Trial ends (see “Free Trials and Promotions” below), as applicable, and on each recurring billing date thereafter. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your Subscription. If your Subscription renews on a date not contained in a given month, then we will charge you on the last day of such month.

 

The amount you are billed and billing date may vary to account for a free Trial, promotional offers, account credits, and changes in your Subscription or payment method. You authorize us to charge you for these varying amounts, if any.

 

Cancellation and Refunds

You can cancel your Subscription by signing in to your account and following the instructions for canceling your Subscription. If you purchased your Subscription through a third party, such as the Apple App Store or Google Play, you may need to cancel through that third party.

If you cancel your Subscription, you will continue to have access to the applicable Service and any Content you created through the end of your current billing period. Your account will be downgraded to free service at the end of the billing period.

All payments are nonrefundable. If you cancel your Subscription, or if your account is terminated under these terms, you will not receive a refund or credit, including for partial periods of service.

 

Free Trials and Promotions

From time to time, we or others on our behalf may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details, you agree that we may automatically begin charging you for a Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. TO AVOID PAYING THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL. IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH THE THIRD PARTY.

 

Using iTok

Our Service

iTok allows you to create, edit, publish, store, and share images, stickers, videos, and other content, and to interact with other users and their content. Certain aspects of the Service may be available only in app, on the website, or another Service type. Some features may not be available in your country or region.

 

Your Account

You may need to create an account to use portions of the Service. If you create an account, you must provide us with accurate information, in good faith, and keep your information updated if it changes. You are responsible for safeguarding your account, so please read our Security Policy.

 

Your License to Use iTok

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service. Excluding Content provided by users, we own and retain all rights, title, and interest in and to the Service. These terms do not grant you any rights to our graphical user interface, trademarks, or service marks. Any feedback, comments, or suggestions you may provide regarding the Service is gratuitous, unsolicited, and without restriction, and we are free to use such feedback, comments, or suggestions as we see fit without any compensation to you.

You are responsible for your use of the Service and any information, data, text, characters, voices, images, stickers, usernames, graphics, photos, profiles, music, audio, videos, links, or other materials (“Content”) you create, edit, publish, store, and share using iTok, including compliance with applicable laws, rules, and regulations. You hereby acknowledge and agree that the tools, features and functions made available through the Service are and have been used by you with your consent and at your choice, subject to these terms, the Privacy Policy, the Community Guidelines and any other applicable iTok terms or policies.

 

Advertising and Promotions

The Service may include advertisements, and those advertisements may link to independent third-party websites. We are not responsible for, and do not endorse, any third-party advertisements, websites, services, or products. Sites maintained by those third-parties are not under our control. Any dealings you have with third parties that advertise on the Service are between you and those advertisers, and you agree that we are not liable for any loss or claim that you may have against an advertiser. You agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Service, including through the sale of advertising, and you will have no right to share in any such revenue or goodwill.

We provide submission terms, official rules, and/or guidelines for certain activities on the Service, including challenges, contests, and sweepstakes. These terms of use incorporate by reference the specific submission terms, official rules, and/or guidelines which appear in connection with a particular activity.

 

Content

Content on the Services

You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. All Content that is shared is the sole responsibility of the person who shares such Content. While we prohibit certain conduct and Content on our Service, we may not monitor or control the Content shared via the Service, and we are not responsible for such Content.

We reserve the right to remove Content that violates these terms or our Community Guidelines, including copyright, trademark, or other intellectual property violations, sexually explicit Content, or Content that we determine is otherwise inappropriate in our sole discretion.

 

Grant of Rights to Your Content

Except to the extent it contains iTok Content, we do not claim any ownership rights in your Content.

You grant iTok a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use your Content—including to host, reproduce, distribute, create derivative works, display, and perform it (subject to any privacy settings set by you)—for any purpose in connection with the Service and our business, including for the purpose of promoting and redistributing part or all of the Service. This license is perpetual and authorizes us to make your Content available to other users on the Service when you have shared your Content.

Our mission is to let people use AI easy. We further this mission by encouraging our creators to share and build on each other’s ideas and creations. We sometimes refer to this as “Re-creation or Re-generation” another person’s work. This inspires new masterpieces and allows you to create new edits without starting from scratch!

iTok allows you to share your Content by making it available to other users via the Service, including by posting Content to the iTok Community, saving Content in a public folder, sharing Content using iTok’s collaboration features, or distributing Content via a link. The Content you share is made public, so you should only share Content you are comfortable with others using. When you share your Content, it may be featured anywhere on the Service or in media connected with the Service, such as email, search results, social media, and other communications. Additionally, when you share your Content on the Service, you grant the following rights to your shared Content:

• By posting Content to the Service and setting the visibility to public when creating AI, you grant to each other iTok user a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content—including to reproduce, distribute, prepare derivative works, display and perform it—only for personal and non-commercial purposes, and only as permitted by the functionality of the Service. And you grant to each other iTok user a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content—including to reproduce, distribute, prepare derivative works, display and perform it—for any purpose including commercial purposes, only as permitted by the functionality of the Service.

You represent and warrant that (1) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted in this section; (2) your posting and sharing, and iTok’s and its users’ use, of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, trademark rights, or other intellectual property rights or any other rights of any person, company, or other third party; and (3) the posting and sharing of your Content on or through the Service does not result in a breach of contract between you and a third party.

You can end your Content license to us by deleting your Content from the Service or by terminating your account. However, if you have posted or shared any Content on or through the Service, including if you have set the visibility to public and posted it on the Service (whether as part of a larger image or on its own), that Content may remain on the Service in perpetuity. Additionally, if you make Content public and later switch it to private or delete it, we may not be able to remove it from the Service.

 

iTok Content

We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, display, and perform Content owned by us or our licensors (“iTok Content”) only for your personal and non-commercial use and only as permitted by the functionality of the Service.

We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, display, perform, and create derivative works of iTok Content identified as being available for commercial use on the Service (“Commercial Use iTok Content”), and distribute your derivative works that incorporate Commercial Use iTok Content, for any purpose including commercial purposes, only as permitted by the functionality of the Service.

 

Reporting Infringement

If you believe your Content has been copied in a way that constitutes copyright infringement, you can report infringement of your intellectual property by following the procedures outlined in our Copyright Dispute Policy.

 

User Agreement to Upload Content

By uploading, creating, or sharing Content via our Service, you agree to comply with our terms, including our Community Guidelines and this User Agreement. You also confirm that you understand and accept our policies regarding inappropriate, offensive, or harmful content.

Acceptance of Terms for User-Generated Content

Before uploading any Content to our Service, you must agree to abide by our Terms of Service and any applicable user policies, including Google Play Developer Program Policies. You acknowledge that failure to comply with these terms may result in removal of your Content or suspension of your account.

Review and Moderation of User-Generated Content

We are committed to ensuring a safe environment and employ continuous review of user-generated content (UGC). Our platform reserves the right to monitor, review, and moderate any UGC to ensure compliance with our policies and Google Play guidelines.

1. User Reporting and Content Moderation

   • Users can report content or behavior they find inappropriate or harmful via an in-app reporting system.
   • We provide mechanisms to block or report users engaging in inappropriate activities.
   • Our moderation process includes content reviews for sexually explicit material, offensive behavior, and other forms of harmful content.

2. Content Blocking and Removal

   • Content deemed offensive or inappropriate, including sexually explicit content that is not compliant with relevant laws, will be removed or blocked from public access.
   • We use filters to restrict access to potentially offensive content, requiring users to perform at least two actions to disable these filters.

Handling of Inappropriate Content

• Our system includes protections against the creation or distribution of harmful or offensive content through monetization.
• Apps or content that primarily host or share offensive UGC, or allow inappropriate behavior, will be removed from the platform and may be banned.

Sexual Content

As per legal and platform guidelines, sexually explicit content or any form of content related to child exploitation is strictly prohibited and will result in immediate removal and reporting to authorities. Any incidental sexual content must be hidden behind safe filters and only accessible after multiple user actions.

User Responsibilities and Liability

You confirm that:

1. You have the necessary rights and permissions to upload, share, or distribute content through the platform.
2. You will not upload content that violates intellectual property laws, including copyright or trademark infringement.
3. You accept full responsibility for the content you upload, and you understand that your content may remain accessible on the platform after deletion if it was shared or redistributed by other users.

By agreeing to these terms, users acknowledge their responsibility to create content that is in line with both our community standards and the platform's policies, ensuring that UGC is appropriate for all audiences.

 

Acceptance of Content Policy

By signing up, logging in, using the app, uploading content, sharing content with other users, or performing any actions related to content within the app, you are automatically agreeing to and accepting our Content Policy. Your continued use of the app signifies your consent to abide by these terms.

 

Disclaimers and limitations of liability

No Warranties

THE SERVICE AND PETDOL CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO: (A) THE SERVICE; (B) PETDOL CONTENT; (C) ANY CONDUCT OR CONTENT OF ANY USER ON THE SERVICE; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PETDOL OR VIA THE PETDOL SERVICES. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETDOL, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “PETDOL PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED OR GENERATED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE PETDOL PARTIES’ AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PETDOL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO ANY AND ALL CLAIMS. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PETDOL PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Indemnity and Release for Your Use

You agree to release, indemnify and hold us, our affiliates, officers, employees, directors, agents, successors and assigns (collectively, “iTok Parties” and each an “Indemnitee”) harmless from any and all losses, liabilities, damages, fines, penalties, expenses (including reasonable attorneys’ fees and costs), rights, claims, and actions of any kind and any injury arising out of or relating to: (1) your past and present use of the Service or any of its tools, features or functions, including any tools that apply effects to, or generate images of, individuals, (2) any Content you upload to the Service or create with the Service, or (3) your violation of these terms, any rights of another person or applicable law. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a direct result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

General

Governing Law

These terms and our Privacy Policy are governed by the laws of South-Korea without giving effect to any conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

 

Judicial Forum For Disputes

You agree that any judicial proceeding to resolve a Claim (as defined below) will be brought in the Seoul Central District Court, subject to the mandatory arbitration provisions below. Both you and we consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, a member state of the European Union), this paragraph doesn’t affect that right.

 

Dispute Resolution

You agree that in the event of any dispute between you and us (including any disputes between you and a third-party agent of ours), you will first contact us and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action, and that you will describe clearly the basis and nature of your dispute together with the specific facts that support your position. Notwithstanding anything in this Dispute Resolution section to the contrary, iTok may seek legal and equitable relief in a court of competent jurisdiction to protect its intellectual property rights and those of its suppliers.

In the event a dispute cannot be resolved through communications with us, you agree that any claim, counterclaim, controversy, or other disputes between you and us or you and a third-party agent of ours (a "Claim") shall be resolved through final and binding arbitration administered by the Seoul District Court Arbitration in South-Korea. This Dispute Resolution Provision applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these terms, including but not limited to claims relating to these terms, our Privacy Policy, your account with the Service, and your use of the Service and the features made available through the Service. All equitable and legal remedies that would be available in the Seoul Central District Court will be available in arbitration, except that if either party seeks a public injunction, that claim or prayer for private injunctive relief must be adjudicated by Seoul Central District Court and not the arbitrator.

The arbitration will be heard and determined by a single arbitrator. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by the law. Judgment on any award entered by the arbitrator may be enforced in any court having jurisdiction. Any cause of action brought by you against us, or our affiliates, officers, directors, or agents, must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

The arbitrator, Seoul District Court Arbitration, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Dispute Resolution section, including any Claim that all or any part of it is void or voidable. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. If any provision of this Dispute Resolution section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

 

ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.

 

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED BELOW.

iTok will reimburse you for your payment of any filing fees or arbitrator fees in connection with an arbitration that you commence, provided that you have followed the dispute resolution process noted above. If the arbitrator finds that either the substance of your Claim or the relief sought by you in arbitration was frivolous, or a Claim was brought by you for an improper purpose or without supporting facts, the parties may seek to re-allocate the fees and costs of arbitration, according to the rules of the arbitration provider. Each party shall bear the cost of their own attorneys’ fees, except that attorneys’ fees can be awarded by the arbitrator to the prevailing party if expressly authorized by statute. You agree that the Korean Arbitration Act and Korean arbitration law govern this provision. This Dispute Resolution provision will survive any termination of these terms. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM.

 

Severability

If any part of these terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

 

Waiver

Any failure by us to enforce or exercise any provision of these terms or related rights will not constitute a waiver of that right or provision.

 

Opt-Out Notice

If you do not wish to resolve disputes by binding arbitration, you may opt out. If you do so, neither you nor iTok can force the other to arbitrate. Within 30 days following your initial agreement to these terms, or the date of the last material update to the “Dispute Resolution” section of these terms, you can elect to opt out of the arbitration provisions of these terms by notifying iTok in writing. Your notice must include your name and address, your iTok username and the email address you used to set up your iTok account, and an unequivocal statement that you want to opt out of arbitration to resolve disputes. Your notice must be addressed as follows: Attention: Opt Out Notice, Petdol co.,ltd., Dongpangyoro 52 bungil 9-4, Bundanggu Seongnamsi, Kyunggido, South-Korea or such other address as iTok may identify from time to time by amending this paragraph.

 

Notices

You agree that we may provide disclosures and notices required by law and other information about your iTok account to you electronically, by posting it on our website, pushing notifications through the Service, or by emailing it to the email address listed in your iTok account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies, and such disclosures will constitute notice to you at the time of publication.

 

Changes to These Terms

We may modify these terms at any time. If we make any material changes, we’ll notify you as described in the “Notices” section above; if you continue to use the Service after that, you will be deemed to have accepted the changes. If you object to any change, your only recourse will be to terminate your iTok account and stop using the Service.

 

Term and termination

This Agreement shall enter into force upon your acceptance of the terms and conditions set forth herein (and no later than your first use of any function) and shall be in force until terminated by us or until the agreement between us and Petdol co.,ltd.. regarding the inclusion of the Music Pieces in the Application has expired or been terminated.

After the termination or expiry of this Agreement and unless terminated based on your material breach of this Agreement, the rights granted to you under Section 2.1.1(b) shall continue to apply in accordance with the terms of that provision in respect of such of your End-User Productions that have been finished and made publicly available before the date of termination or expiry of this Agreement.

 

Assignment

You may not wholly or partially assign or pledge any of your rights and/or obligations under this Agreement without our prior written consent. We may transfer this Agreement and/or wholly or partially assign or pledge any of our rights and/or obligations under this Agreement to any third party provided that such third party agrees to be bound to this Agreement.

 

Amendments

Occasionally we may, in our discretion, make amendments to this Agreement. By continuing to use iTok service including the Application after changes to this Agreement have been made you are expressing and acknowledging your acceptance of the changes.

 

Severability

To the extent possible, if any provision of this license is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this license without affecting the enforceability of the remaining terms and conditions.

 

Governing law and dispute resolution

Unless otherwise required by mandatory law, this Agreement shall be governed by and construed in accordance with the laws of Seoul Central District Court without regard its principles of conflicts of law.

Unless otherwise required by mandatory law, any and all disputes, claims or controversies arising out of or related to this Agreement, or the breach, termination or invalidity thereof, including any claims under any statute or regulation shall be submitted for binding arbitration. Unless we and you agree otherwise, any arbitration shall take place in Seoul Central District Court. The language of the proceedings shall be Korean.