Bainil is provided by Bainil Corporation, a Korean corporation whose principal place of business is at 73, Bongeunsa-ro 24 gil, Gangnam-gu, Seoul, South Korea.
“To use" or "using" means any time an individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with functionalities (display, view, print or copy) from the Website or Services, transmit, receive or exchange data or communicate with the Website or Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website or Services, for any purpose whatsoever.
“Content” means any information or data that are protectable under laws governing Intellectual Property Rights, as defined below, and other applicable laws, which may be in the forms of documents, messages, graphics, images, files or any other formats.
“Intellectual Property Rights” means any and all rights existing from time to time under laws governing patent, copyright, semiconductor chip protection law, moral rights, trade secret, trademark, unfair competition, publicity rights, privacy rights , and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force.
(i) Music albums sold on Our Website or Services are governed by the copyright law and other relevant laws of the country of Your purchase. In most countries, Your purchase of a music album is a license to download and play the music on Your individual device.
(ii) A music album you purchased on Our Website or Services is licensed to you for download and play on any devices (desktop computer, mobile phone, tablet devices, etc.) that is certified as Your device.
(i) If you are an independent artist, you will get 72% of total sales that the initial fees for App Store or Play Store was deducted from.
(ii) If you are a member of any copyright association, the copyright royalty will also be deducted from the final amount you get.
(i) Any sales of a music album is final and non-refundable, unless technical problems render it impossible or impracticable for You to listen to the purchased album on Your device.
(ii) Refund is conducted by the refund policy of the app store You purchased the album from. If the refund policy of the app store does not provide for the refund procedure, the refund will be done through the same payment method as Your purchased the album.
(iii) You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website or Services or their software or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Website or Services or proprietary information related thereto.
(iv) You will not remove, obscure, or alter Our copyright notice, or other proprietary rights notices affixed to or contained within Our services, software, or documentation.
You shall not authorize or encourage any third party to:
(iii) engage in any act or practice that reflects poorly on Us or otherwise disparages or devalues Our reputation or goodwill;
(iv) display any advertisement, link or referral button on any part of the Website or Services;
(v) deep-link to the site for any purpose, unless specifically authorized by Us to do so;
(vi) frame or link to the Website or Services without authorization;
(vii)use any robot, spider or other automatic device, process or means on the Website or Services, or circumvent any security measures or systems used on the Website or Services;
(viii) use any device, software or routine that interferes with the proper working of the Website or Services or attempt to interfere with the proper working of the Website or Services;
(x) take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
(xi) remove any legal notice and credits on pages of the Website or Services;
(xii) use the Website or Services for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind (You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication.).
We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Website and Services and barring such violators from use of the Website and Services.
(i) We may retain and use all information You provide Us, including but not limited to demographics, contact and billing information;
(ii) We may also provide such information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise Our legal rights or defend against legal claims. We disclaim all responsibility, and will not be liable to You, however, for any disclosure of such information to any such third party;
(iii) We may share non-personally-identifiable information about You, including Your id, home page URLs, statistics specific to Your activities at the Website and similar information collected by Us, with advertisers, business partners, sponsors, and other third parties.
Any information or communication exchanged between You and Us, except those exchanged or provided according to Section 6 (Our Content) and Section 8 (Information Gathered Through the Website and Services) herein, shall be treated in confidence and shall not be disclosed to anybody without prior approval of the other party.
1. We are not responsible for any incorrect, inaccurate, offensive, indecent or objectionable Content posted on or through the Website or Services, whether caused by users or by any of the equipment or programming associated with or utilized in the Website or Services.
2. Profiles created and posted by users may contain links to other websites. We are not responsible for the Content, accuracy or opinions expressed on the websites that are linked from the Website or Services, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Us.
3. Inclusion of any linked website on or through the Website or Services does not imply approval or endorsement of the linked website by Us.
4. When You access these third-party websites, You do so at Your own risk.
5. We take no responsibility for third party advertisements which are posted on or through the Website or Services, nor do We take any responsibility for the goods or services provided by its advertisers.
6.In creating hypertext links to any other website, We are not recommending that website or giving any assurances as to its standing. We provide the links only as a convenience to You.
7. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the websites.
8. We make no warranties, explicit or implied, regarding the performance of the links, the performance of the outside websites or the Content of the outside websites. If You decide to access linked third party websites, You do so at Your own risk.
9. We are not responsible for the conduct, whether online or offline, of any user of the Website or Services.
10. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.
11. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or player software due to technical problems or traffic congestion on the Internet or on any of the Website or Services, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or Services.
12. Under no circumstances shall We be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or Services, attendance at any Our event, from any Content posted on or through the Website or Services, or from the conduct of any users of the Website or Services, whether online or offline.
13. Without limiting the foregoing, You may report the misconduct of users and/or third party advertisers, service and/or product providers regarding or in relation to the Website or Services at email@example.com. We may investigate the claim and take appropriate action, in Our sole discretion.
1.YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE PROVIDE THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT GUARANTEE THAT ANY FILE YOU VIEW OR DOWNLOAD FROM THE WEBSITE OR SERVICES IS FREE OF VIRUS, MALWARE OR OTHER HARMFUL ELEMENT.
2. WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR SERVICES, OR THE ENFORCEMENT OF THE TERMS.
3.WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE OR SERVICES OR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT.
4.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS WELL AS LIABILITY REGARDING OR RELATING TO THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, USERS OF OUR WEBSITE AND SERVICES, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE OR SERVICES, IN CONNECTION WITH THE WEBISTE OR SERVICES OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE AND/OR SERVICES.
5.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIMANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
1.YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.
Further, You specifically agree that You understand that any part of the Website or Services labeled 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality.
In addition to all other disclaimers and limitations of liability herein, You specifically agree that We are not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any part of the Website or Services labeled 'Beta.'
You agree to indemnify and hold Bainiland its affiliates, and each of Bainil’s and its affiliates’ respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and Services, including also Your use of the Website to provide a link to another website or to upload Content or other information to the Website or Services.
CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Software available in connection with the Website or Services may be further subject to United States export controls. No software may be downloaded from the Web site or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at Your sole risk.
1. [rights reserved] You and We retain all rights and licenses not explicitly granted hereunder.
4. [non-assignability] You may not assign any of its rights hereunder and any such attempt is void.
Bainilis operated by Bainil Corporation
office at 73, Bongeunsa-ro 24 gil, Gangnam-gu, Seoul, South Korea