Preamble

These Terms of Use define the legal relationship between You and Bainil(referred to as “We”, “Us” or “Bainil”) with regard to Your use of Our Services (defined in Section 1 below).

Bainil is provided by Bainil Corporation, a Korean corporation whose principal place of business is at 31, Gangnam-daero 101-gil, Seocho-gu, Seoul, South Korea.

Your agreement with Us includes these Terms of Use, Our Privacy Policy and Our Copyright Policy as well as additional terms described in Our FAQ, guidelines or notices.

1. Definitions

“Products” are products provided to you by Us.
“Website” is Our website located at URL http://www.Bainil.com/.
“Services” are software, services and web sites provided to you by Us. As an illustration, Services may include mobile applications operable on iOS™, Android™ or other mobile operating systems as well as Website or its subdomains, and which are used for:
  1. purchasing, downloading, listening to music; and
  2. uploading, publishing and sharing data, image, sound or video for viewing by the public.

“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.

2. Term and Termination

(i) You may enter into these Terms of Use and use the Website and Service only if You are 13 years old or above.

(ii) These Terms of Use shall become effective upon Your acceptance by checking the “I read the Terms of Use” box and clicking the “I agree” button on the sign-up page of the Website or downloading Our app through iTunes™ Store, Google™ Play or any other app store providing our app.

(iv) These Terms of Use shall remain in effect until terminated by You or Us.

(v) You and We may terminate these Terms of Use for any reason.

(vi) You may terminate these Terms of Use by:

(vii) We may terminate these Terms of Use by:

(viii) If You choose to terminate these Terms of Use by giving 30 days’ notice of termination and You do not remove Your Content following the end of such 30 day period, We shall have a royalty-free license to use Your Content until You remove Your Content.

(ix) If We choose to terminate these Terms of Use,

3. Reservation of Rights

(i) [Modification of Terms of Use] We may, in our sole discretion, change or amend these Terms of Use at any time. Notice of such changes will be posted on the Website. Your continued use of the Services following notice of such changes will be deemed Your acceptance of any such modification. If You do not agree to any such changes, please stop using our services.

(ii) We reserve the right to investigate, at our own discretion, any activity that may violate these Terms of Use, including but not limited to any use of a software application to access Our server.

4. Music Album Sales

(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.

5. Revenue Share

(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.

6. Refund Policy

(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.

7. Our Content on the Website and Services

(i) You acknowledge that We own all right, title and interest, including without limitation all Intellectual Property Rights in and to any protectable part of the Website or Services. You will not acquire any right, title, or interest in or to any protectable part of the Website or Services, except as expressly set forth in these Terms of Use.

(ii) You are only authorized to view, download, publish, modify or otherwise distribute the Content on the Website or Services for your own personal use. Nothing in this license, or any other licenses provided in these Terms of Use, shall be construed as granting you any other rights or privileges of any kind with respect to any Content on the Website or Services.

(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.

8. Prohibited Uses

You shall not authorize or encourage any third party to:

(i) act in any way that directly or indirectly violates any provision of these Terms of Use or any other agreement between You and Us;

(ii) create a new account to use the Website and Services after We have terminated these Terms of Use with You as a result of Your breach of these Terms of Use;

(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;

(ix) modify the JavaScript or other programming codes provided by Us in any way without authorization;

(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.).

You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of these Terms of Use.

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.

9. Information Gathered Through the Website and Services

Subject to Our Privacy Policy,

(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.

10. Confidentiality

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.

11. Disclaimers

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 contact@bainil.com. We may investigate the claim and take appropriate action, in Our sole discretion.

12. Warranties

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.

13. Limitations of Liability

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.

14. Indemnity

You agree to indemnify and hold harmless Bainil, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your participation in the Website and Services, including any breach by You of these Terms of Use or Your use of the Website or Services.

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.

15. Exclusions

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.

16. U.S. Export Controls

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.

17. Miscellaneous

1. [rights reserved] You and We retain all rights and licenses not explicitly granted hereunder.

2. [choice of law and forum] These Terms of Use, the relationship between You and Us, and any dispute involving the Website, Services or these Terms of Use, shall be governed by (and construed and interpreted in accordance with) the laws of the Republic of Korea, without regard to its conflict of law provisions or Your actual state or country of residence. You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the central district of Seoul, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.

3. [remedies other than damages] You agree that monetary damages may not provide a sufficient remedy to Us for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.

4. [non-assignability] You may not assign any of its rights hereunder and any such attempt is void.

5. [severability and waiver]: If any provision of these Terms of Use shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.

6. [contact] You may grant approvals, permissions, extensions and consents by email. But any modifications by You to these Terms of Use must be made in writing executed by both parties. Any notices to Us must be sent to contact@bainil.com. Please contact us at the same email address with any questions regarding these Terms of Use.

18. Entire Agreement

These Terms of Use and the referenced documents, such as the Bainil Copyright Policy, the Bainil Privacy Policy and FAQs constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof.

No statements or promises have been relied upon in entering into these Terms of Use except as expressly set forth herein, and any conflicting or additional terms contained in any other documents or oral discussions are void.

Bainilis operated by Bainil Corporation
office at 31, Gangnam-daero 101-gil, Seocho-gu, Seoul, South Korea