1. Agreement between SHAKS and the User
◦ 1.1. In this document:
"We", "us", or "SHAKS" means AKSys Co., Ltd, whose principal place of business is at A706, Ace Cheonggye Tower, 53 Seonggogae-ro, Uiwang-si, Gyeonggi-do, Republic of Korea, 1600; and
4. The Services
◦ 4.2. You acknowledge and agree that there may be non-material changes to the form and nature of the Services provided from time to time without prior notice to you.
◦ 4.3. You acknowledge and agree that SHAKS may (in its sole discretion) suspend or cease providing the Services (or any part of the Services).
◦ 4.4. You acknowledge and agree that SHAKS may, on a commercially reasonable ground, disable your access to your account for the Services, in which case, you may be prevented from accessing the Services, your account details and any files or other content contained in your account.
◦ 4.5. You acknowledge and agree that SHAKS may, at any time and in its sole discretion, set a limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of the Services (or any part of them). Without limiting SHAKS's rights under Clause 4.3 and Clause 4.4, SHAKS may suspend your access to the Services if you exceed any such limit set from time to time.
◦ 4.6. You may stop using the Services at any time without prior notice to SHAKS.
5. Using the Services
◦ 5.2. You must not access (or attempt to access) any of the Services other than through the interface for the Services made available by SHAKS.
◦ 5.3. You must comply with all instructions made available to you in connection with the Services.
◦ 5.4. Certain Services may automatically download and install updates from time to time from SHAKS. Such updates may be in various forms, including bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permits SHAKS to deliver such updates to you) as part of the Services.
◦ 5.5. You must not engage in any activity that causes interference with or disruption to the Services or any servers or networks that are connected to the Services.
◦ 5.6. You must not reproduce, duplicate, copy, sell, trade or resell the Services (or any part of them).
6. Passwords and account security
◦ 6.1. You are responsible for maintaining the confidentiality of your passwords for all accounts used by you to access the Services. You acknowledge and agree that you are solely responsible to SHAKS for all activities that occur under all such accounts.
◦ 6.2. You must notify SHAKS by email to [privacy@SHAKSknox.com] immediately upon becoming aware of any unauthorized use of any of your passwords or accounts
7. Registration Data
◦ 7.1. You may be required to provide information about yourself in order to access the Services (for example, when registering to use the Service or any part of them), or in the course of using the Services.
◦ 7.2. You agree to provide accurate, current, and complete information required to register to use the Services and at other points as may be required in the course of using the Services ("Registration Data"). You further agree to maintain and update the Registration Data as required to keep it accurate, current, and complete. SHAKS may terminate your rights to any or all of the Services if any information provided by you is false, inaccurate or incomplete.
8. Content rights
◦ 8.1. You acknowledge that all content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is the sole responsibility of the originator of such Content. Such Content may include content in the form of advertisements or other sponsored Content.
◦ 8.2. You acknowledge and agree that the Content may be protected by proprietary or intellectual property rights of third parties. You must not modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part).
◦ 8.3. SHAKS may (but is not obliged to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services.
◦ 8.4. You acknowledge that you use the Services understanding the risk that you may find some Content to be offensive, indecent or objectionable.
9. SHAKS's proprietary rights
◦ 9.1. You acknowledge and agree that SHAKS (or SHAKS's licensors) owns all legal right, title and interest in and to the Services, including all intellectual property rights (existing anywhere in the world and whether registered or not) which subsist in the Services.
◦ 9.2. You acknowledge that the Service may contain information which is confidential to SHAKS and agree not disclose such information without SHAKS’s prior written consent.
◦ 9.4. You must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which are affixed to or contained within the Services.
◦ 9.5. You must not use any trade mark, service mark, trade name, logo of any person in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. SHAKS Services license
◦ 10.2. You may not (and may not permit any other person to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services (or any part of it), unless this is expressly permitted or required by law, or expressly permitted by SHAKS in writing.
◦ 10.3. You may not assign, grant a sub-license of, or grant a security interest in or over, the License or any rights under it, loan or lease the Services, or otherwise transfer the License or any rights under it, to any person.
◦ 10.4. Except for your limited right to use the Services under the License, SHAKS retains all rights in and to the Services.
11. Third Party Content
◦ 11.1. The Services may include links to other websites, content and resources. SHAKS may have no control over such websites, content or resources which are provided by third parties ("Third Party Content").
◦ 11.2. You acknowledge and agree that SHAKS is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or available via Third Party Content.
◦ 11.3. You acknowledge and agree that SHAKS is not liable for any loss or damage that may be incurred by you as a result of the availability of any Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of Third Party Content, including any advertising, products or other materials on or available via Third Party Content.
immediately if SHAKS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
upon thirty (30) days notice, if the partner with whom SHAKS offered the Services to you has terminated its relationship with SHAKS or ceased to offer the Services to you; or
upon thirty (30) days notice, if the provision of the Services to you by SHAKS ceases to be commercially viable (in SHAKS's sole opinion).
14. EXCLUSION OF WARRANTIES
◦ 14.1. NOTHING IN THESE TERMS, INCLUDING THIS CLAUSE AND CLAUSE 15, EXCLUDES OR LIMITS SHAKS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN YOUR JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO YOU AND SHAKS'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
◦ 14.2. SHAKS WILL USE COMMERCIALLY REASONABLE EFFORT TO ENSURE THAT THE SERVICES ARE AVAILABLE TO YOU WITHOUT UNDUE DISRUPTION, INTERRUPTION OR DELAY. IF THERE IS A DISRUPTION, INTERRUPTION OR DELAY, SHAKS WILL USE COMMERCIALLY REASONABLE ENDEAVOURS TO ENSURE THAT IT IS KEPT TO A MINIMUM.
◦ 14.3. IN PARTICULAR, SHAKS, THE SHAKS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
◦ 14.4. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15. Limitation of Liability
◦ 15.1. Nothing in these terms shall exclude or limit SHAKS’s liability or limit SHAKS’s liability for (i) death or personal injury; (ii) fraud, or (iii) anything which cannot be limited or excluded by applicable law.
◦ 15.2. Subject to paragraph 15.1 above, SHAKS shall not be liable to you, whether in contract, tort (including negligence) or any theory of liability, and whether or not the possibility of such damage or losses has been notified to SHAKS, for:
a. any indirect, incidental, special or consequential damages; or
b. any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation or (whether direct or indirect); or
c. any damage to or corruption of data (whether direct or indirect); or
d. any loss or damage as a result of:
▪ any changes to the Services, or any permanent or temporary cessation in the provision of the Services (or any part of them);
▪ your failure to provide SHAKS with accurate account information; or
▪ your failure to keep your password or account details secure and confidential.