Subject to your compliance with the Terms and Conditions, Expeaking grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to download, install and use one (1) copy of the Software, in object code format, only on your personal computer or personal mobile devices (the “Device”) for the sole purpose of personally using the Expeaking application and any other applications that may be explicitly authorized by Expeaking for use through use of the Software, and if you have downloaded the Software from the Application Store, as permitted by the Usage Rules set forth in the Application Store Terms of Service as of the date hereof.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Expeaking and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Expeaking and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Expeaking hereby expressly reserves all rights in the Software and Services which are not expressly granted to you hereunder.
You may use the Software solely for purposes of enabling you to use and enjoy the Services, and as permitted by the Terms and Conditions. You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs or transfer it for use with another service or program; (iii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Services and any attempt by you to take such action shall be void; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (v) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; (vi) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.
You further represent that you shall not (i) use the Software or any of the Services in violation of any applicable law or for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Software or any of the Services in a manner that sends more request messages to the Expeaking servers than a human can reasonably produce in the same period of time manually; (iv) transmit invalid data, worms, viruses or any code of a destructive nature, (v) transmit spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails; (vi) display, transmit or share any content consisting of data, text, sounds, audio, pictures, photos, video, sound recordings, musical works, narration, works of authorship and/or any type of materials, information or communications (“Content”) deemed unlawful, harmful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), profane, injurious or otherwise objectionable, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (vii) attempt to hack, destabilize, adapt or otherwise interfere with Expeaking’s website, the Software (or its source code) or any of the Services, or alter another website or mobile app so as to falsely imply that it is affiliated with Expeaking, (viii) collect or harvest any personally identifiable information, including account emails, from the Software or any of the Services, (ix) register a false email, gender or native language, or impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (x) use or access any of the Services by any means other than through the interface provided by Expeaking; or (xi) disrupt the conversation with your partner by speaking in a language other than the one you are supposed to use (Expeaking notifies you of this as soon as the video call begins).
If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to your obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services on your Device will do so in accordance with the Terms and Conditions. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.
(a) The Services may include links or references to third-party web sites or applications offering products or services, including games, applications, third party shopping merchants, images, special offers, or other events or activities, that are operated and maintained by other persons and/or that are not owned by Expeaking (“Reference Sites“). The Terms and Conditions do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage you to read the terms and conditions and privacy policies of any Reference Sites that you visit or use.
(b) Expeaking does not assume any responsibility for Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. You expressly relieve Expeaking from any and all liability arising from your use of any Reference Sites. Expeaking is not responsible for and does not control or guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by Reference Sites; (ii) any payment transactions, shipping charges, deliveries, returns or after sales activities related to the products or services purchased on Reference Sites; (iii) the availability of Reference Sites; or (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, Reference Sites, nor any listing or other content about such products or services displayed on Reference Sites. Any questions, complaints, or claims related to any product or service provided by a Reference Site should be directed to the applicable third party responsible for the Reference Site.
Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Expeaking does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Expeaking Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.
You acknowledge and agree that you are solely responsible for your conduct and any Content that you transmit or display through the Software or Services and that Expeaking and the Application Store is not responsible to you or any third party in connection with any Content. Expeaking reserves the right (but not the obligation) to remove or edit any Content for the purpose of enforcing the Terms and Conditions, but does not regularly review Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill, or any other intellectual property or proprietary right as may now exist or hereafter come into existence, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. EXPEAKING RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS.
(a) If you share your Content in the Services or otherwise share your Content with or link your Content to the Services, for example, through Reference Sites or other third-party applications connected to your Expeaking account, you represent and warrant that you have all rights necessary to grant, and you hereby expressly grant, to Expeaking, its licensors and other Expeaking partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and any name, voice and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Software and Services and Expeaking’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Software or Services (and derivative works thereof) in any media formats and through any media channels.
The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.
Expeaking may, without prior notice, stop providing the Software, features of the Software, and/or any of the Services, to you or to users generally, or create usage limits for the Software or any of the Services. Expeaking, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services without notice. Expeaking has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of some or all of the Terms and Conditions in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software or Services. You acknowledge that Expeaking may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software or Services and, accordingly, may modify, update or upgrade the version of the Software or Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
For particular Devices, Expeaking may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.
The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to the Software or Services by anyone under thirteen (13) is unauthorized, unlicensed, and in violation of the Terms and Conditions. Expeaking may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the required age in the prior sentence. If you are under the age of majority in your jurisdiction you may use the Software and Services only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the provisions set forth in the Terms and Conditions. The Software and Services are not intended for use by any user previously removed from any of the Services by Expeaking.
The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) Expeaking is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Expeaking is not a replacement for your primary telephone service.
Expeaking reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
You may obtain points through the Apps ("Points") or other virtual items by engaging in certain actions or purchasing them for the amounts set forth in the Apps. Points and such other virtual items are referred to collectively as "Virtual Items." Virtual Items are digital items only, and regardless of the terminology used, have no cash value and may never be redeemed for "real world" money. Your right to use any Virtual Items that you obtain is limited to a non-exclusive, non-sublicenseable, revocable right to use such Points or other Virtual Items solely within the Apps. Except for the limited rights described herein, you have no property interest or right or title in or to any Virtual Items, which remain the exclusive property of Expeaking. The scope, variety and type of Virtual Items that you may obtain can change at any time. Expeaking has the absolute right to manage, regulate, control, modify or eliminate such Virtual Items as it sees fit in its sole discretion, and Expeaking will have no liability to you or any third party for the exercise of such rights at any time.
Except where explicitly authorized within the Services, (i) transfers of Virtual Items between you and Account holders or third parties are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for "real world" money or otherwise exchange items for value; and (iii) Expeaking does not recognize any such purported transfers of Virtual Items, nor the purported sale, gift or trade in the "real world" of anything that appears in the Services. Any attempt to do any of the foregoing is a violation of these Terms and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account, a lifetime ban from the Service and/or possible legal action. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, in Expeaking's sole and absolute discretion, or if Expeaking discontinues providing the Services or Virtual Items.
Expeaking may provide additional features and/or Services that you pay for. If you purchase any Virtual Items, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Expeaking or the Application Store. You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. You agree that if you purchase Virtual Items through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Expeaking have any responsibility in connection with any of the foregoing.
You may request a full refund for any Virtual Items purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store.
You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have any paid Virtual Items, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Virtual Items.
Without limiting any other remedies, Expeaking may modify, limit, suspend, discontinue or terminate any of the Terms and Conditions and/or your use of all or any part of the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation if Expeaking believes that you are (i) in breach of any of the terms of any of the Terms and Conditions, (ii) creating problems or legal liabilities (actual or potential), (iii) infringing a third party’s intellectual property rights, or (iv) engaging in fraudulent, immoral or illegal activities. You agree that Expeaking is under no obligation to provide the Services, including without limitation any paid services, and that no Expeaking Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.
Storage space is inherently limited and as a result we are careful not to overload our servers. Accordingly, you acknowledge and agree that no Expeaking Party is under any obligation to preserve, provide access to or return to you any Content and that Expeaking shall have no responsibility for the modification, loss, deletion or destruction of any Content, including any stored Content. You further understand and agree that Expeaking may remove certain Content from its storage systems periodically in its discretion without notice to you.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, EXPEAKING, ITS LICENSORS, ITS AGENTS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING EXPEAKING, COLLECTIVELY THE “EXPEAKING PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, OBLIGATIONS, ACTIONS, LOSSES, LIABILITY, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THE TERMS AND CONDITIONS OR ANY APPLICABLE LAW, RULE OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY OTHER PARTY’S ACCESS AND USE OF THE SOFTWARE, SERVICES AND/OR CONTENT WITH YOUR PHONE NUMBER OR USERNAME, OR (F) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF EXPEAKING). If you downloaded the Software from the Application Store, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party’s intellectual property rights, as between Expeaking and the Application Store, Expeaking, not the Application Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Expeaking reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Expeaking, and you agree to cooperate with Expeaking’s defense of these claims. You agree not to settle any matter without the prior written consent of Expeaking.
The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. To the maximum extent permitted by law, the Expeaking Parties hereby disclaim all warranties, terms, and conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. You further acknowledge that the Expeaking Parties (and if you downloaded the Software from the Application Store) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.
THE EXPEAKING PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES, WILL BE UNINTERRUPTED, UP-TO-DATE, COMPLETE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE EXPEAKING PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, STORE OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE SERVICE OR ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE EXPEAKING PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR LOSSES FOR LOST REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR DEVICE OR COMPUTER FAILURE OR MALFUNCTIONARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THE TERMS AND CONDITIONS OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF EXPEAKING OR ANY OTHER EXPEAKING PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE EXPEAKING PARTIES EXCEED THE AMOUNT YOU PAID TO EXPEAKING FOR ANY PRODUCTS OR SERVICES PURCHASED FROM EXPEAKING ON ANY OF THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Expeaking Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS, SOFTWARE, SERVICES OR CONTENT SOLD OR PROVIDED BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.
YOU AND EXPEAKING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the Application Store, you further acknowledge that the Application Store has no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Expeaking makes no representations that the Services are appropriate or available for use in any location outside the ROK. Those who access or use the Software and/or Services from other jurisdictions are entirely responsible for compliance with all local laws.
YOU ACKNOWLEDGE AND AGREE THAT EXPEAKING HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EXPEAKING, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EXPEAKING. EXPEAKING WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You acknowledge and agree that any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback“) submitted to Expeaking are gratuitous, unsolicited and without restriction, and shall become the property of Expeaking. Expeaking will have exclusive ownership of all rights to the Feedback. Expeaking will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Expeaking will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
The Software and Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the ROK and the country in which you obtained them. The Software and Services are specifically subject to the ROK Export Administration Regulations; diversion contrary to ROK law is prohibited. You may not export, directly or indirectly, the Software, Services or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the Government of the Republic Of Korea or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.
All Software, the Services and technical data are commercial in nature and developed solely at private expense. Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the ROK Government or any of its agencies shall be governed solely by the Terms and Conditions and shall be prohibited except to the extent expressly permitted by the Terms and Conditions.
The Software and Services are hosted in the ROK and by using the Software and/or any of the Services, if you are located in the European Union, the Americas or any other region with laws or regulations governing personal data collection, use and disclosure that differ from ROK laws, then you understand and consent to the processing of personal information in the ROK.
Expeaking may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the Expeaking website. Notice will be deemed given twenty-four (24) hours after email is sent, unless Expeaking is notified that the email address is invalid. Notice posted on the Expeaking website is deemed given ten (10) days following the initial posting. Expeaking reserves the right to determine the form and means of providing notifications to our users.
You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
You are not allowed to assign any of the Terms and Conditions or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. Expeaking is allowed at its sole discretion to assign any of the Terms and Conditions and any rights thereunder to any third party, without giving of notice.
The failure of any Expeaking Party to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Expeaking.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
The Terms and Conditions are governed by the laws of the ROK. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to the Terms and Conditions. You agree that the Services shall be deemed solely based in the ROK and each a passive Service that does not give rise to personal jurisdiction over Expeaking, either specific or general, in jurisdictions other than the ROK. You further agree that the courts located in the ROK shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including but not limited to any controversies or disputes arising from or related to the Software, Services, Content or the Terms and Conditions. You agree not to commence or prosecute any action against any Expeaking Party other than in courts located in the ROK, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such courts.
You acknowledge that the obligations made hereunder to Expeaking are of a unique and irreplaceable nature, the loss of which shall irreparably harm Expeaking and which cannot be replaced by monetary damages alone so that Expeaking shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
If you downloaded the Software from the Application Store, you acknowledge and agree that the Application Store is the third party beneficiary of the Terms and Conditions, and that, upon your acceptance of the Terms and Conditions, the Application Store will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Software and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Software and/or Services.
The Terms and Conditions do not create or imply any partnership, agency or joint venture.
If any of the provisions of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.