These Terms of Use govern your use of all websites and mobile applications owned or operated by FESBO and its affiliated companies (“Company” or “we” or “us”) and any other services, applications, interactive features, social media, and resources offered by us through Internet websites, mobile devices or other devices or platforms (all of which are collectively referred to as the “Services”).

BY USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.

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Rights in Materials

As between you and Company, Company owns the Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Services, and the look and feel, design and organization of the Services. This includes all intellectual property and proprietary rights in these materials. When you use the Services or download materials from the Services, you do not acquire any ownership of any such content, code, data, or materials.

The Services are only for your personal, non-commercial use. You may not make any commercial use of the Services, or any content, code, data or materials on the Services, unless you have received our prior written permission.

Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Services. Doing so may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.

 

Trademarks

The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Services are registered and unregistered Trademarks of Company (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Company or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Services without our prior written permission.

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User Information

When you use or register for the Services, you may be asked to provide certain personal information to us (“User Information”).  You agree that your User Information will be accurate and complete and that you will keep it up to date.  Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy. The Privacy Policy is part of these Terms of Use.

You are solely responsible for the accuracy and content of your User Information.

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Use of the Services

Your account and password may be used to access any of the Services.  Our single-sign-on service may enable you to access third-party services as well.  You are responsible for your use of the Services and for any use of the Services made using your account.  Accordingly, you are responsible for maintaining the confidentiality of your account and password.  You agree to notify us immediately of any unauthorized use of your account and password or other User Information.

Our goal is to create a positive and safe experience when you and others use the Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:

We reserve the right to suspend, refuse service and/or terminate access to the Services without prior notice for any user who violates these policies.

 

Feedback

If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback”), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.

 

Indemnification

You will fully compensate us and our directors, officers, employees, and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs, and expenses, including reasonable legal fees costs, arising from your use of the Services or your breach or violation of law or these Terms of Use.

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

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Orders for Products and Services

We make certain products available for sale to visitors and/or registrants of the Services. Our policies for pricing, shipping, and returns, as well as information regarding limitations on the availability of certain products, are located at https://www.fesbo.co.kr/.

You may only order products if you are 18 years old or older or of the age of legal majority. If you place an order, you promise that you meet these requirements.

You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

You may not resell any products purchased through or via any of the Services for commercial purposes.

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Third-Party Websites and Applications

You may be able to access or use the Services from a third-party website, Internet resource, or software application (“Linked Sites”). You may also be able to access and use a Linked Site from a link available on the Services. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites anywhere on the Services does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate or compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

As a convenience, you may use your account and password information to log-in to certain third-party websites and applications (“Third-Party Applications”).  However, we do not share your log-in credentials or any other information with the providers of such Third-Party Applications.  Your use of such Third-Party Applications will be governed by the applicable terms of service and privacy policies established by the third-party providers.  We have no responsibility for such Third-Party Applications.

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Disclaimers

The services are provided “as is” and “as available,” without warranty or conditions of any kind, either express or implied, and all such warranties and conditions are disclaimed to the maximum extent permitted by applicable law.

We make no warranties or conditions whatsoever regarding the services, including, without limitation, warranties regarding information, content, and merchandise available on the services; uptime or uninterrupted access to the services; title; non-infringement; merchantability or fitness for a particular purpose.

We do not warrant that the services or the content, functions, or materials contained on the services will be secure, uninterrupted, or error free, or that defects will be corrected.

Using the internet may expose you to certain risks. We are not responsible for any viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the services or from downloading any materials, data, text, images, video, or audio from the services.

We try to ensure that the information posted on the services is correct and up-to-date, but it may not be. We may change any of the information provided on the services at any time and without any prior warning. We will not be liable for any inaccuracy or omission concerning any of the information provided on the services or about any merchandise offered on the services.

The foregoing exclusions of express and implied warranties may not apply to the extent prohibited by local laws.  To the extent company may not, as a matter of applicable law, disclaim any warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.

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Limitation of liability

To the maximum extent permitted under applicable laws, neither company nor its affiliates, nor any of their directors, officers, employees, or agents will be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to the services, even if advised of the possibility of such damages.

To the maximum extent permitted under applicable laws, in no event shall the total aggregate liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of use or your use of the services exceed, in the aggregate, the amount, if any, paid by you to company for your purchase of products via the services.

Some jurisdictions do not allow the exclusion or limitation of damages, so some of the above limitations may not apply to certain users.

To the extent company may not, as a matter of applicable law, limit its liabilities, the extent of company’s liability shall be the minimum permitted under such applicable law.

 

Applicable Laws

The Terms of Use and the relationship between you and us shall be governed by the laws of South Korea, without regard to its conflict of laws provisions. Persons who choose to access the Services from locations to which we do not direct the Services do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

Company may change, suspend, or discontinue any aspect of the Services at any time. If you violate any of these Terms of Use, your permission to use the Services automatically terminates.

 

Changes to Terms of Use

Company may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Services. Your continued use of the Services and/or the services offered on or through the Services after any changes to these Terms of Use are posted will be considered acceptance of those changes.

 

Arbitration

You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or company’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. You and Company agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Company hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Services or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements governing your use of the Services. The arbitrator shall not have the power to award punitive damages against any Party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence 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 or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the arbitration rules, and the right to certain remedies and forms of relief. Other rights that you or Company would have in court also may not be available in arbitration.

 

Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the arbitrator or court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

• send unsolicited or unauthorized advertising or commercial communications, such as spam;

• transmit any malicious or unsolicited software;

• use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Services;

• use automated methods to send more requests to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or

• interfere with or disrupt the Services.