General Terms and Conditions of Use of Daum Inc. website
Security and Personal Data
The Daum Inc. website is not intended for minor children.
All material on the Daum Inc. website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are the exclusive property of Daum Inc. or any of its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Daum Inc. website.
You may not remove any copyright, trademark or other proprietary notice contained on the Daum Inc. website or any content contained therein. You may make a single copy of web pages published on the Daum Inc. website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
The Daum Inc. website may contain links to third party websites. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Daum Inc. website if expressly authorized in writing by Daum Inc.
Disclaimer of Warranty
Daum Inc. does not guarantee or represent that:
the Daum Inc. website is free from viruses, worms, Trojan horses or other destructive material;
The information contained on the Daum Inc. website is accurate, complete or up to date.
MISCELLANEOUS PROVISIONS APPLICABLE TO THE GENERAL TERMS AND CONDITIONS OF SALE AND GENERAL TERMS AND CONDITIONS OF USE (“TERMS”).
Claims. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of New York, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Southern District of New York located in New York, New York.
Enforceability. If any provision contained herein is held by final judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of these Terms and the remainder of these Terms shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render the provision valid, legal and enforceable. Notwithstanding the foregoing, however, if the severed or modified provision concerns all or a portion of the essential consideration to be delivered under these Terms by one party to the other, the remaining provisions of these Terms shall also be modified to the extent necessary to equitably adjust the parties’ respective rights and obligations hereunder.
Force Majeure. Daum Inc. shall not be liable to its customers or any other person for any failure or delay in the performance of any obligation under these Terms due to events beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in these Terms, acts or regulations or priorities of the federal, state or local governments.
Entire Agreement. These Terms constitute the entire agreement between you and Daum Inc. governing the use of the Daum Inc. website. In the case of inconsistencies between these Terms and any information included or provided in off-line materials (for example, promotional materials and mailers), these Terms will always control. No waiver, alteration or modification of these provisions or any terms will be valid unless made in writing and signed by an officer or other authorized representative of Daum Inc. In the event of any discrepancy between any order accepted by Daum Inc. and these Terms, these Terms shall govern.
No Waiver. The failure of Daum Inc. to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Relationship of the Parties. The parties hereto are independent contractors and nothing in these Terms will be construed as creating a joint venture, employment or agency relationship between the parties.
Headings. Paragraph headings are inserted for convenience of reference only and do not form part of these Terms.