Terms and Conditions of use

1. KpopMusic hereby grants you a nonexclusive, limited license to use the journals and other materials in the KpopMusic archive (the "Content") in accordance with these Terms and Conditions (the "License"). You may not sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment or transfer is void. KpopMusic has obtained the right to provide the Content from the publishers of the journals contained in the archive, and copyright therein is retained by the publishers.

2. The Content is intended for the personal, noncommercial use of Authorized Users of the KpopMusic archive. For information on Authorized Users contact your library or organization. Unless prior written permission has been obtained from KpopMusic and the publisher of such Content, you may not download from the KpopMusic archive an entire issue of a journal, significant portions of the entire run of a journal, a significant number of sequential articles, or multiple copies of articles. Publisher contact information is available on the KpopMusic website. The restrictions on use of Content as set forth in this License shall survive any termination of the License.

3. Additional restrictions, or fewer restrictions, may apply to your use of certain Content. Copyright is not claimed as to any work of the United States government.

4. You must maintain all copyright and other notices contained in any Content in the course of any use of such Content.

5. Other than as permitted above with respect to Content, you may not reproduce, publish, distribute, transmit, participate in the transfer or sale of, modify, create derivative works from, display, or in any way exploit, the KpopMusic archive in whole or in part. You have no rights to the proprietary software and related documentation provided to you to access the KpopMusic archive ("Access Software"). You may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

6. KpopMusic® and the KpopMusic logo are trademarks of KpopMusic. Your use of the KpopMusic archive implies no right in these trademarks.

7. The KpopMusic archive may contain links to or may be accessible from links within related or unrelated World Wide Web sites and resources. KpopMusic shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or in connection with such links. You should direct any concerns regarding any outside link to its site administrator.

8. KpopMusic will not be held liable for any delays, inaccuracies, errors or omissions in the KpopMusic archive, in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. KpopMusic does not represent or endorse the accuracy or reliability of any Content. THE KPOPMUSIC ARCHIVE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KPOPMUSIC FURTHER MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB OR OTHER SUCH COMPUTER PROGRAM. YOU HEREBY ACKNOWLEDGE THAT USE OF THE KPOPMUSIC ARCHIVE IS AT YOUR SOLE RISK.

9. You may not authorize use of the KpopMusic archive by anyone who is not an Authorized User. You may not set up a proxy or anonymous remailer for purposes of allowing access to KpopMusic.

10. You shall notify KpopMusic of any known or suspected unauthorized use(s) of your account, if applicable, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your password or IP address. You are responsible for maintaining the confidentiality of your password, if applicable, and for all usage or activity on your account, including use of the account by anyone authorized by you to use your password. Any use of the KpopMusic archive beyond the scope of the License, knowing use of the password of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of your account, or termination of access to KpopMusic from your IP address, without notice and at KpopMusic's sole discretion. The foregoing includes but is not limited to activity that may burden KpopMusic's server(s) such as computer programs that automatically download Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators.

11. You hereby indemnify, defend and hold KpopMusic, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you, or any user of your account, of these Terms and Conditions, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. KpopMusic reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

13. Your use of the KpopMusic archive indicates your acceptance of KpopMusic's Privacy Policy. KpopMusic's Privacy Policy provides in part that KpopMusic may disclose information about usage of the KpopMusic archive and demographics pertaining thereto so long as such disclosure does not reveal users' personal identities, unless such disclosure is required to protect against violations of this License, or to protect and defend our rights or property or the rights and property of contributors to the KpopMusic archive.

14. This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of New York or United States Federal law, as applicable, excluding any such laws that might direct the application of the laws of another jurisdiction. The parties expressly exclude, if applicable, the application of the United Nations Convention on Contracts for the International Sale of Goods. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration, including joint and/or consolidated arbitration where practicable, conducted in English, in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree to exclude any right of application or appeal to non-U.S. courts in connection with any question of law arising in the course of the arbitration, or with respect to any award made.

15. KpopMusic may change these Terms and Conditions, or any aspect of the KpopMusic archive, at any time.

16. If any provision or provisions of this License shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

Last updated October 24, 2003.