By downloading, installing or using Y Factory application for mobile devices (hereinafter, “Mobile Application”), you agree to be bound by these Terms of Use.  Please read these Terms of Use carefully before you download, install or use the Mobile Application. 

The Mobile Application is operated by Y Factory Inc., a Korean corporation having an office at #2404, 36 Teheran-ro 87-gil, Gangnam-gu, Seoul 06104, Republic of Korea (hereinafter, we also refer to ourselves as “we,” “us” or “our”).  We own and operate the Mobile Application on our own behalf.

If you do not agree with any of these Terms of Use, you are expressly prohibited from downloading, installing or using the Mobile Application and must immediately cease downloading, installing or using the Mobile Application as well as your use of the services offered on the Mobile Application.  Your download, installation or use of the Mobile Application constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the Mobile Application.

1. Definitions

(a) “Content” means text, graphics, images, music, software (excluding Mobile Application), audio, video, information or other materials. 

(b) “Privacy Policy” means the privacy policy separately set out and explained in Article 4 of these Terms of Use.

(c) “Service(s)” means all the service(s) provided by Y Factory Inc. via the Mobile Application to Users.

(d) “User(s)” means a person who uses, downloads and/or installs the Mobile Application.

(e) “We,” “Us” or “Our” refers to Y Factory Inc. and any employees, affiliates, agents or other representatives of Y Factory Inc.

(f) “You” or “Your” refers to the User(s) of the Mobile Application. 

2. Rules for Use of the Service

2.1. License for Mobile Application: Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable license to download and install a copy of the Mobile Application on a single mobile device or computer that you own or control and to run such copy of the Mobile Application solely for your own personal use.  Users shall not create or publish any Contents on the Mobile Application.

2.2. General Prohibition: Without limitation, Users undertake not to use or permit anyone else to use the Mobile Application or Services: 

(a) to send or receive any material which is not civil;

(b) to send or receive any material which is threatening, grossly offensive, obscene, defamatory, in contempt of court or in breach of confidence, copyright or all other intellectual property rights, privacy or any other third party rights;

(c) to send or receive any material for which you have not obtained all necessary licenses and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the laws of or infringe the rights of any third party in any country in the world;

(d) to send or receive any material which is technically harmful;

(e) to intercept or attempt to intercept any communications transmitted by Y Factory Inc.;

(f) for a purpose other than which we have designed or intended for use;

(g) for any fraudulent purpose;

(h) in any way which can be considered to incite hatred against any ethnic, religious or any other minority or to adversely affect any individual, group or entity;

(i) to attempt to circumvent our security or network, including to access the data not intended for you, log into a server or account you are not expressly authorized to access;

(j) to extract data from or hack into the Mobile Application; or

(k) to engage in any unlawful activity in connection with the use of the Mobile Application or the Services, including the activity restricting or inhibiting any other Users from properly using or enjoying the Mobile Application or Services.

3. Our Rights and Responsibilities

3.1. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them.  However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for such faults, errors or omissions.  In the event of such faults, errors or omissions, please contact us at yfactory@yfactory.com.

3.2. Privacy Policy: for information and notices concerning our collection and use of your personal information.    

(a) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. 

(b) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. 

(c) We will only retain personal information as long as necessary for the fulfillment of those purposes. 

(d) We will collect personal information by lawful and fair means, and with the knowledge or consent of the individual concerned.

(e) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. 

3.3. We reserve the right to change, modify, substitute, suspend or remove without notice any information on the Mobile Application and/or Services from time to time.  Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.  We will attempt to restore such access as soon as possible. 

3.4. We reserve the rights to block access to and/or to edit or remove any material which in our reasonable opinion may be deemed a breach of these Terms of Use.

4. Suspension and Termination

4.1. If you use the Mobile Application or Services in breach of any of these Terms of Use, we will have the right to suspend or terminate your use of the Mobile Application and/or Services, at our sole discretion and without a prior notice to you.  In the event we terminate these Terms of Use for your breach, you will remain liable for all amounts due hereunder.

4.2. If we suspend the Mobile Application or Services, we may refuse to restore the Mobile Application or Services for your use until we receive an assurance from you that there will be no further breach of any provisions of these Terms of Use.   

5. Disclaimer and Limited Liability    

5.1. The Mobile Application, the Services, the information on the Mobile Application and use of all related equipment are provided on an “as is, as available” basis without any warranties of any kind, either express or implied.

5.2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its Contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, quiet enjoyment or non-infringement, accuracy, availability or implied warranties.

5.3. While we may use commercially reasonable efforts to include accurate and up-to-date information on the Mobile Application, we do not make any warranties or representations as to its accuracy, timeliness and completeness.

5.4. We shall not be held liable for any acts or omissions of any third parties caused, and for any direct, indirect, incidental, special, consequential or punitive damages resulting from or in connection with the Mobile Application and the Services offered in connection with the Mobile Application, your access to, use of or inability to use the Mobile Application and the Services offered in connection with the Mobile Application, reliance on or downloading from the Mobile Application and the Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible assets. 

5.5. We shall not be held liable in contract or tort for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms of Use.  For the purposes of these Terms of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use, and all associated and incidental costs and expenses.

5.6. The above limitations apply only to the extent permitted by law.  None of your statutory rights as a consumer that cannot be excluded or limited are affected.

5.7. Notwithstanding our commercially reasonable efforts to ensure the security of our system, you acknowledge that all electronic data transfers are potentially susceptible to interception by others.  We cannot, and do not, warrant that data transfers relating to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others. 

6. Indemnification

6.1. You agree to defend, indemnify, and hold Y Factory Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Mobile Application and the Services, or your breach of these Terms of Use.

7. Intellectual Property Rights

7.1. All editorial Content, information, photographs, illustrations, artwork and other graphic materials, visual design, names, logos and trademarks relating to the Mobile Application and Services are protected by copyright laws, trademark laws and/or other laws and/or international treaties.  You acknowledge and agree that the Mobile Application and the Contents thereon, including all intellectual property rights, are exclusive property of Y Factory Inc.  These works, logos, trademarks, visual designs, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us.

7.2. Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Contents, logos, names, trademarks and visual designs displayed on the Mobile Application without our prior written permission.  Misuse of any Contents, logos, names or trademarks displayed on the Mobile Application is strictly prohibited.    

8. Amendments

8.1. We may periodically make changes to the Contents of the Mobile Application at any time without notice, and assume no liability or responsibility for any errors or omissions in the Content of the Mobile Application.

8.2. We reserve the right to amend these Terms of Use at any time.  For any material changes to these Terms of Use, we will notify the Users at least thirty (30) days before the new Terms of Use become effective.  Your continued use of the Mobile Application and/or Services after such amendments will constitute your: (a) acknowledgement of the amended Terms of Use; and (b) agreement to abide and be bound by the amended Terms of Use.

9. Choice of Law and Jurisdiction   

9.1. The Mobile Application can be accessed from all countries around the world where the local technology permits.

9.2. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Korea (excluding conflict of laws provisions which may direct the application of another jurisdiction’s laws).  All disputes, controversies or claims between the parties arising out of or in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the courts of the Republic of Korea.