INTRODUCTION AND ACCEPTANCE OF TERMS These Terms of Use specify the terms and conditions for access to and use of the Hankook TV -TBO PlayServices (as defined below), which are offered by Hankook TV, Inc. and its affiliates. By using the Hankook TV -TBO PlayServices, you agree to be bound by and comply with these Terms of Use and the Hankook TV -TBO PlayPrivacy Policy located at https://www.tvhankook.com/privacy-policy. Please review these Terms of Use carefully. If you do not agree to these Terms of Use, then you should not use the Hankook TV -TBO PlayServices. CLASS ACTION WAIVER AND BINDING ARBITRATION NOTICE: BY AGREEING TO THESE TERMS OF USE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AND AGREE TO SUBMIT TO BINDING ARBITRATION, AS FURTHER DETAILED IN SECTION 13 BELOW. 1. DESCRIPTION OF SERVICE (a) Hankook TV -TBO Playprovides an online video service comprised of television shows, video clips, text, graphics, logos, photographs, audio works, video works, artwork, and other content (collectively, Hankook TV -TBO PlayContent) available on the www.tvhankook.comwebsite and corresponding web pages (collectively, the Sites) and Hankook TV -TBO Playmobile and television applications (collectively, the Apps). Our video service, including the Hankook TV -TBO PlayContent and the Hankook TV -TBO Playvideo player (the Hankook TV -TBO PlayVideo Player), and any other features, applications, materials or other services offered from time to time by Hankook TV -TBO Playin connection with its business on any of the Sites or Apps are referred to collectively as the Hankook TV -TBO PlayServices. (b) Hankook TV -TBO Playreserves the right to change these Terms of Use in Hankook TV's sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the Terms of Use located at the bottom of the pages of the Sites or on the Terms of Use page of the Apps. The most current version of the Terms of Use will supersede all previous versions. 2. ACCESS AND USE OF THE Hankook TV -TBO PlaySERVICES (a) Eligibility. You must be 18 years of age or older to subscribe to the Paid Membership (as defined below) aspect of the Hankook TV -TBO PlayService and to rent Rental Content (as defined below) on the Hankook TV -TBO PlayService. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to subscribe to the Paid Membership and rent Rental Content. While individuals under the age of 18 may utilize the Hankook TV -TBO PlayService, they may do so only with the involvement, supervision, and approval of a parent or legal guardian who agrees to be bound by these Terms of Use, and in no event may any person under the age of 18 view any adult film or television content. The Hankook TV -TBO PlayServices are not directed to children under the age of 13. The Hankook TV -TBO PlayServices are not offered to any persons barred from receiving them under the laws of the United States or any other applicable jurisdictions in which Hankook TV -TBO Playmakes the Hankook TV -TBO PlayServices available, and such persons are prohibited by these Terms of Use from using the Hankook TV -TBO PlayServices. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING Hankook TV -TBO PlaySERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE NOT BEEN PROHIBITED FROM RECEIVING THE Hankook TV -TBO PlaySERVICES, AND, IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER OF THE Hankook TV -TBO PlaySERVICES BETWEEN AGE 13 AND 18, YOU AGREE TO MONITOR SUCH MINOR'S USE OF THE Hankook TV -TBO PlaySERVICES AND ENSURE THEIR COMPLIANCE WITH THESE TERMS OF USE. (b) License Grant: Subject to your compliance with these Terms of Use, including payment of any applicable fees for fee-based services, Hankook TV -TBO Playhereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Hankook TV -TBO PlayServices in accordance with the terms and conditions set forth in these Terms of Use. Hankook TV -TBO Playowns and retains all rights to the Hankook TV -TBO PlayServices. The Hankook TV -TBO PlayServices are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws. You may access the Hankook TV -TBO PlayServices only if you are located in the United States, Canada, Mexico, South America or any other territory in which Hankook TV -TBO Playmay make the Hankook TV -TBO PlayServices available in the future. The content that may be available to watch will vary by geographic location and will change from time to time. (c) The Hankook TV -TBO PlayContent: (1) You may view the Hankook TV -TBO PlayContent only for your own personal, non-commercial use; (2) You must not alter or remove any copyright and any other markings, titles, legends or proprietary notices in existence on the Hankook TV -TBO PlayContent; (3) The Hankook TV -TBO PlayContent provided to users as part of the Hankook TV -TBO PlayServices is owned by Hankook TV -TBO Playand/or its licensors. Except as expressly permitted by these Terms of Use, any other reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, download, stream, performance, display, sale, or transmission of the Hankook TV -TBO PlayContent is strictly prohibited. (4) Except as expressly permitted by these Terms of Use, You are strictly prohibited from creating derivative works, or electronic, or physical materials that are derived in whole or in part from the Hankook TV -TBO PlayContent, including montages, mash-ups, videos, samplings, wallpaper, desktop themes, greeting cards, and merchandise. (5) Hankook TV -TBO Playis not a producer (primary or secondary) of any sexually explicit photo and video content available on the Hankook TV -TBO PlayServices. With respect to such content, Hankook TV -TBO Playbelieves that all visual depictions of such content do not include any person under the age of 18 years of age when such depiction was created. All records, if required, as per 18 USC 2257, for any and all content found on the Hankook TV -TBO PlayServices, should be sought from the producer of the specific content. (d) The Hankook TV -TBO PlayVideo Player: (1) You must not modify, enhance, or otherwise alter in any way any portion of the Hankook TV -TBO PlayVideo Player or its underlying technology. This restriction includes disabling any encryption technology or firewalls, or otherwise modifying the Hankook TV -TBO PlayVideo Player in a manner that enables users to view the Hankook TV -TBO PlayContent without using the Hankook TV -TBO PlayVideo Player. (2) Where Hankook TV -TBO Playhas incorporated an embed option in connection with Hankook TV -TBO PlayContent on the Hankook TV -TBO PlayServices, you may embed videos using the Hankook TV -TBO PlayVideo Player, provided that you do not embed the Hankook TV -TBO PlayVideo Player on any website or other location that contains content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise offensive. You may not embed the Hankook TV -TBO PlayVideo Player into any hardware or software application. Hankook TV -TBO Playreserves the right to prevent embedding to any website or other location that Hankook TV -TBO Playfinds inappropriate or objectionable (as determined by Hankook TV -TBO Playin its sole discretion). (e) Restrictions: (1) You agree not to directly or indirectly use the Hankook TV -TBO PlayServices in any manner that: (i) violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or contract; (ii) uses technology or other means to access the Hankook TV -TBO PlayServices that is not authorized by Hankook TV -TBO Play(including disabling or circumventing any mechanisms for preventing the unauthorized, access, use, reproduction or distribution of the Hankook TV -TBO PlayServices); (iii) accesses the Hankook TV -TBO PlayServices through any automated system, including robots, spiders, or offline readers (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Hankook TV -TBO PlayServices); (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) attempts to damage, disable, overburden, impair, or gain unauthorized access to the Hankook TV -TBO Playservers, computer network, or user accounts; (vi) attempts to collect personally identifiable information in violation of Hankook TV’s Privacy Policy; (vii) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (viii) harvests information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications; (ix) involves the use of data mining, robots or similar data gathering and extraction tools; (x) interferes with any other party’s use and enjoyment of the Hankook TV -TBO PlayServices. (f) Additional Terms: In order to participate in certain Hankook TV -TBO PlayServices, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms of Use. (g) Suspension/Discontinuation: Hankook TV -TBO Playreserves the right in our sole and absolute discretion to change, suspend or discontinue - temporarily or permanently - some or all of the Hankook TV -TBO PlayServices, at any time without notice. Hankook TV -TBO Playwill not be liable to you for any such modification, suspension or discontinuance of the Hankook TV -TBO PlayServices. 3. ACCOUNTS AND REGISTRATION (a) Hankook TV -TBO Playmay from time to time offer various features that require registration or the creation of an account with the Hankook TV -TBO PlayServices. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply. (b) All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of the Hankook TV -TBO PlayServices. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at help@tvhankook.com (subject line: “Account Security Breach”) as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case Hankook TV -TBO Playneeds to contact you. (c) Hankook TV -TBO Playprohibits the use of Paid Membership accounts to be distributed to anyone outside the user's primary household. This includes but not limited to sharing the Paid Membership user account's login information with people outside of the user's primary household. The company reserves the right to suspend including termination of the account misappropriate use of the Paid Membership account. 4. COLLECTION AND USE OF PERSONAL INFORMATION For information about Hankook TV’s policies and practices regarding the collection and use of your personally identifiable information, please read Hankook TV’s Privacy Policy located at https://www.tvhankook.com/privacy-policy.The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your use of the Hankook TV -TBO PlayServices are governed by the Hankook TV -TBO PlayPrivacy Policy in effect at the time of your use. 5. THIRD PARTY PLATFORMS, SERVICES AND ADVERTISING (a) Third Party Websites: The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Hankook TV -TBO PlayServices or any other form of link or re-direction of your connection to, with or through the Hankook TV -TBO PlayServices, or (b) any third party websites, content, data, information, applications, platforms, goods, services or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Hankook TV -TBO Playor its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, partners or service providers. Hankook TV -TBO Playdoes not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), regardless of whether the Hankook TV -TBO PlayServices’ or Hankook TV’s logos, marks, names and/or sponsorship or other identification is on the Third Party Services. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability in connection for any use, collection or disclosure by or in connection with such Third Party Services. Accordingly, we encourage you to be aware when you leave the Hankook TV -TBO PlayServices and to read the terms and conditions and privacy policy of each Third Party Service you use. (b) Advertisements: Hankook TV -TBO Playis not responsible for advertisements or any third party material posted on the Hankook TV -TBO PlayServices, nor is it responsible for the products or services provided by such advertisers. 6. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY YOU AGREE THAT USE OF THE Hankook TV -TBO PlaySERVICES IS AT YOUR OWN RISK. THE Hankook TV -TBO PlaySERVICES, INCLUDING THE SITES, THE APPS, THE Hankook TV -TBO PlayVIDEO PLAYER, THE Hankook TV -TBO PlayCONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE Hankook TV -TBO PlaySERVICES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Hankook TV -TBO PlayDOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OR THAT THE Hankook TV -TBO PlaySERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE. IN NO EVENT SHALL Hankook TV -TBO PlayOR ITS AFFILIATES, OR EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “Hankook TV -TBO PlayPARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Hankook TV -TBO PlaySERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE Hankook TV -TBO PlaySERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE Hankook TV -TBO PlayPARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IF, IN A RELEVANT JURISDICTION, THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN THE Hankook TV -TBO PlayPARTIES’ LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE Hankook TV -TBO PlayPARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE AND YOUR USE OF THE Hankook TV -TBO PlaySERVICES. 7. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that any Hankook TV -TBO PlayContent infringes your copyright, you should notify Hankook TV -TBO Playin accordance with the procedure set forth below. A notification of claimed copyright infringement should be emailed to Hankook TV’s Copyright Agent at help@tvhankook.com (subject line: “DMCA Takedown Request”), or mailed to Hankook TV -TBO Playat 3731 Wilshire Blvd., Suite 1,000, Los Angeles CA 90010, Attention: DMCA Copyright Agent. The notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Hankook TV -TBO PlayServices that is reasonably sufficient to enable Hankook TV -TBO Playto identify and locate the material; (d) how Hankook TV -TBO Playcan contact you, such as your address, telephone number, and email address; (e) a written 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; and (f) 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 authorized to act on the copyright owner’s behalf. Emails sent to help@tvhankook.com for purposes other than communication about copyright infringement may not be answered. Hankook TV -TBO Playhas a policy of terminating infringers in appropriate circumstances. If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Hankook TV -TBO Playfor use on the Hankook TV -TBO PlayServices, you may send a counter-notice containing the following information to our designated agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our designated agent, Hankook TV -TBO Playmay send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Hankook TV’s sole discretion. 8. CUSTOMER SUPPORT. For assistance with technical issues or customer support inquiries, please send an email to help@tvhankook.com. 9. GOVERNING LAW. This Terms of Use is governed by, and construed in accordance with, the laws of the State of California, United States of America without giving effect to principles of conflicts of law. 10. DISPUTES/ARBITRATION; CLASS ACTION WAIVER. Any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Hankook TV -TBO PlayServices shall be resolved by binding arbitration or, in certain situations as further described below, in small claims court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Section 13 shall be interpreted as limiting any non-waivable statutory rights that you may have. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Hankook TV -TBO Playare each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and the termination of your Hankook TV -TBO Playmembership. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Hankook TV -TBO PlayServices shall not be subject to arbitration. The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, AAA Rules) of the American Arbitration Association (AAA), as modified by these Terms of Use, and administered by the AAA. Payment of all filing, administration and arbitrator fees will be governed by AAA Rules. The AAA Rules and fee information are available atwww.adr.org. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If you can demonstrate that arbitration in California would create an undue burden to you, you may initiate the arbitration in the state in which you reside. Otherwise, the arbitration hearings will be held in Orange County, California. If you initiate the arbitration, Hankook TV -TBO Playwill reimburse you for your filing fee, unless your claim is for more than $10,000 or the arbitrator determines your claims are frivolous, in which event you are responsible for paying the filing fee. You may choose to pursue your claim in a small claims court where jurisdiction and venue over Hankook TV -TBO Playand you otherwise qualify for such a small claims court and where your claim does not include a request for any type of equitable relief. You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following email address admin@tvhankook.com and by U.S. Mail to 3731 Wilshire Blvd., Suite 1,000 Los Angeles CA 90010 USA. The notice must be sent within the later of 30 days of your first use of the Hankook TV -TBO PlayServices or within 30 days of changes to this section being announced on the Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Hankook TV -TBO Playalso will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Hankook TV -TBO PlayServices will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Hankook TV -TBO Playand you agree to waive, to the fullest extent allowed by law, any trial by jury. YOU AND Hankook TV -TBO PlayAGREE THAT THE RESOLUTION OF ANY DISPUTES, CLAIMS OR ACTIONS ARISING HEREUNDER, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USE OF THE Hankook TV -TBO PlaySERVICES, SHALL BE CONDUCTED IN EACH OF YOUR AND Hankook TV’S INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND Hankook TV -TBO PlayEXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. These Terms of Use were last modified on the date indicated above and are effective as of such date.
