Terms of Use
Last updated: 20 February 2020
These Site Terms are not intended to alter the terms or conditions of any service agreement you may have with Yoon Ji Kwon, and to the extent of any conflict, the terms of your service agreement will prevail. By using the Website, you represent and warrant that you are over the age of 16, or of the legal age of majority in your jurisdiction, and are lawfully able to accept these Site Terms.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
Definitions
"Yoon Ji”, “we”, “our” or “us" means Yoon Ji Kwon;
"Content" means all information, data, text, graphics, data, images, videos, sound, illustrations, software, and the selection and arrangement thereof displayed on or available through the Website;
“Free Content” means graphics, images, videos or other materials downloaded from the Free Resources page of the Website;
"Site Terms" means these terms of use posted on the website and all terms, policies and guidelines incorporated by reference;
“Use” means to download, copy, reproduce, modify, edit, synchronize, display, broadcast, publish, or otherwise make use of;
"User” or “you" means any person who accesses the Website;
“User Submissions” means feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials submitted by a User;
"Website" means the Yoon Ji Designs website established at https://yoonji-designs.com.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
Ownership of the Site and its Contents
The Website is owned by Yoon Ji Kwon. Unless otherwise indicated, all of the Content is owned by Yoon Ji Kwon, its licensors, or its third-party image partners. All elements of the Website, including the Content, are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.
Permitted Uses
You are invited to use This Website for Your personal purposes only.
Permitted Uses of Free Content are defined in the Attributed Free License Agreement.
Prohibited Uses
i. Copying, re-posting or re-transmitting any or all of the Website or the Content, without, or in violation of, a written license or agreement with Yoon Ji Kwon;
ii. Selling, licensing, leasing, or in any way commercializing the Website or the Content, including Free Content, without specific written authorization from Yoon Ji Kwon;
iii. Using Content, including Free Content, in any way that allows others to download, extract, or redistribute Content as a standalone file (meaning just the content file itself, separate from the project or end use);
iv. Falsely representing that you are the original creator of a work that is made up largely of licensed Content. For instance, you cannot create artwork based solely on licensed Content and claim that you are the author;
v. Using any Content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo.;
vi. Using any Content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes;
vii. Using any data mining, robots or similar data gathering or extraction methods;
viii. Circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site;
ix. Using the caption information, keywords, accompanying text, or other metadata associated with content separate and apart from the content, or allowing any third parties to access or use any such information associated with Content unless expressly authorized by Yoon Ji Kwon;
x. Using the Website or any Content other than for its intended purpose.
Yoon Ji May Modify This Website
We reserve the right to modify, suspend, or discontinue this Website at any time without notice to You. We would, however, like You to be aware of the following:
We may make changes to the Website, or to the products, services and prices described in the Website, at any time without notice.
This Website may be out of date and Yoon Ji makes no commitment whatsoever to update this Website.
Your Submission(s) to This Website
You are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, Yoon Ji does not guarantee that You will have any recourse to edit or delete any User Submission You have submitted.
By submitting any User Submission, You represent and warrant that:
You are at least 13 years old;
You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Yoon Ji the rights in your User Submissions as described in these Site Terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
You are the individual pictured and/or heard in Your User Submissions;
Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, you grant to Yoon Ji an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use, (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Yoon Ji deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
Yoon Ji may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. Yoon Ji is not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. Yoon Ji is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that Yoon Ji may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
Copyright Complaints
If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with:
Yoon Ji Kwon
3/F, Ying Wah Court
488 King’s Road, North Point
Hong Kong
E-mail: contact@yoonji-designs.com
Trademarks
All versions of the Yoon Ji Designs Logo, and any other product or service name or slogan contained in the Website are trademarks of Yoon Ji Kwon and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Yoon Ji Kwon or the applicable trademark holder.
In addition, the look and feel of the Website is the service mark, trademark and/or trade dress of Yoon Ji Kwon and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links
Yoon Ji is not obligated to review any third-party websites that You link from the Website, does not control any of the third-party websites, and is not responsible for any of the third-party websites (or the products, services, or content available through any of them). Yoon Ji makes no claim or representation regarding, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website.
Thus, Yoon Ji does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do so entirely at Your own risk; These Terms are not applicable to Your use of any such third-party websites.
Your participation, correspondence or business dealings with any third party found on or through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Yoon Ji Kwon shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Terminating Your Use of This Website
You or Yoon Ji may terminate Your use of this Website at any time. Your use of this Website will automatically terminate in the event You breach any of these Site Terms. To clarify:
Unless We otherwise agree with You in writing, We may terminate, suspend, or modify Your registration with, or access to, all or part of the Website, without notice, at any time and for any reason.
You may discontinue Your access to and use of this Website at any time. In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed materials (and any copies thereof).
Electronic Communications
When you visit this Website or send e-mails to Yoon Ji, You are communicating with Yoon Ji electronically. We may respond to You by e-mail or by posting notices on this Website. You agree that all such notices, disclosures, and other communications that Yoon Ji provides to You electronically satisfy any legal requirement that such communications be in writing.
Software and Computer Viruses
This website is hosted by Squarespace. At times, site failures may happen due to Internet connection, software operation, data transmission or other causes, and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur.
We make no warranty that the Website or its Content is free from infection by viruses or anything else that has contaminating or destructive properties. Yoon Ji is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Website, the access to any information on the Website, or the downloading of any files from the Website. We strongly encourage the use of anti-virus software or other protective programs during interaction with all web sites.
Disclaimers
THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
YOON JI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Yoon Ji makes no warranty that this Website will meet your requirements or that the Website will be uninterrupted, timely, secure, or error free or that defects in the Website will be corrected. Yoon Ji makes no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from Yoon Ji, shall create any warranty.
Limitation of Liability
IN NO EVENT WILL YOON JI KWON BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF YOON JI HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent Yoon Ji may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of Yoon Ji’s liability shall be limited to the minimum amount permitted under such applicable law.
Indemnification
You agree to indemnify and hold Oh Ig Kwon harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Applicable Law
These Site Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Hong Kong S.A.R., without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Hong Kong S.A.R.
Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Yoon Ji Kwon. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Yoon Ji reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Website, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date above the Site Terms. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.