1. Description of Service and Acceptance
KBS America (“We”) provides TV programs, DVD’s and other video content (“Content”) on KBSWORLDi.com website (“Website” or “KBSWORLDi website”) and other related websites. KBSWORLDi Service (“Service”) consists of VOD’s (Video On Demand), content related to those VOD’s, player, DVD sales and other related services provided by KBS America. KBS America is a US subsidiary of KBS (Korean Broadcasting System) in Republic of Korea and its main office is located in Los Angeles, CA.
You are considered to have agreed to the Terms of Service and Privacy Policy without condition when you visit KBSWORLDi.com and/or other websites managed by KBS America. If you do not agree to them, you have to stop using the Service immediately. You should cooperate with KBSWORLDi for its normal operation by agreeing to this Terms of Service.
KBS America tries its best to provide the best service through KBSWORLDi and other media it operates. Please contact us at info@kbsworldi.com for any inquiries.
2. Changes to the Terms of Service
KBS America has a right to modify the Terms of Service by placing proposed changes on KBSWORLDi.com anytime. You are considered to have agreed to the changed Terms of Service by visiting KBSWORLDi.com or using KBSWORLDi service after the changes have been in effect. Therefore, it is important for you to visit KBSWORLDi.com regularly and understand any changes to the Terms of Service.
3. Access and Use of the Service
3.1. Registration
3.1.1. Users of KBSWORLDi website can become a member (“Member”) of KBSWORLDi by registering with the website and use it as an individual and in accordance with the Terms of Service.
3.1.2. Members agree to provide the latest correct information to use the website. Members should keep their information current by providing any changes to the website at earliest possible. KBS America can restrict their use of the Service when it decides the information provided by them is inappropriate or unreasonable. Members give their permission to KBS America to collect personal information along with their credit card information for purchase and use of the Service. Although KBS America will do its best to protect the customer information, it is up to the member whether to provide such information.
3.1.3. Members shall not share their personal ID and password. KBS America is not responsible for any losses or damages from such inappropriate behaviors.
3.1.4. KBS America will be sending out useful information via e-mail to its customers. Please confirm it while you are registering with the website if you agree to receive such e-mails. Members can always change their decision later and opt-out.
3.2. Non-commercial and Personal Use
KBS America allows its users to use its website for personal use, not for commercial use. Members agree that they will use the content for commercial purpose under no circumstances.
3.3. License
KBS America provides its Service on condition that its members will use its Service by accessing KBSWORLDi website with their personal computers and the internet. Users will be legally responsible for any problem if they use any part of the Service, content and other related video and audio clips without written consent from KBS America as it is considered copyright violation. Members understand and agree to the notion that the use of programs and content does not mean transfer of ownership. Linking to the website should be discussed with KBS America in advance. Users of the Service agree that change and modification of the content is the violation of copyright of KBS America or other third parties. Users shall be banned from using the Service immediately upon they are found to have violated this clause. They should get rid of all the copies of illegal content if there is any.
3.4. Delivery of Content
3.4.1. Members are aware that they need their own computers (or other devices), internet connection and softwares to use the Service and it is their responsibility to supply them.
3.4.2. Members should not copy and/or distribute the content illegally and are responsible for any problem caused by such illegal activities. KBS America is in no way responsible for its members’ wrongdoings.
3.4.3. VOD Content will be distributed through streaming and it can also be downloaded depending on the type of content at KBS America’s discretion. KBS America will determine and change how to deliver its Service and what to be delivered as needed.
3.4.4. Some content on the website may be available for purchase on DVD at KBSWORLDi’s online marketplace (“e-store”). They are sold as boxed sets and/or as Episode On Request (“EOR”) depending on availability.
3.5. Episode On Request (“EOR”)
3.5.1. Episode On Request (“EOR”) is a service where KBS America provides its content as DVD copies of individual episodes upon request from the customer.
3.5.2. KBS America will make DVD copies of a requested show after an order has been placed. Processing time will vary depending on the size of the requests and the number of other orders.
3.5.3. EOR programs will be recorded onto DVD discs. The number of episodes contained in one DVD disc will be determined by KBS America.
3.5.4. KBS America’s promotional spots or commercial advertisements may be placed before or after episodes or between segments of each episode.
3.5.5. EOR orders will be shipped by either standard USPS mail, UPS Ground or Fedex Standard. The shipping method will be determined by the volume of the order.
3.5.6. KBS America will inform customers by email of the shipping date of each order.
3.5.7. KBS America has the sole right to choose and change the selection of EOR programs.
3.5.8. The picture quality of the disc could be less clear than other DVD’s as the disc is copied from DVCam or Beta tapes.
3.6. Content
3.6.1. KBSWORLDi Service does not guarantee absolute truth or logicality of the content it provides on the website. There might be errors in delivering and converting the content. KBS America is not responsible for any loss or damage from them. All the information and content is provided ‘As-Is’ and does not imply any resemblance to the reality or any other information.
3.6.2. Members might find some of the content provided on the website and the reviews from other members personally uncomfortable. It is members’ sole discretion whether to use such content and it is the members who are responsible for using it. KBS America is in no way responsible for what is provided in its content.
3.7. Changes and Suspension of the Service
KBS America has a right to add, delete, update or pause any content including this Terms of Service and the composition of the website. KBS America will post any changes to its websites at an appropriate point if such changes are predictable. However, KBS America can restrict the use of specific functions or the access to part or the entire website without prior notice or liabilities. Change or suspension of the service can be made without prior notice or user consent in any case and KBS America and KBSWORLDi are not legally responsible for any possible loss or damage due to such change or suspension.
3.8. Cancellation of Registration
KBS America has a right to suspend or cancel membership if it decides that the member violated this Terms of Service, applicable laws, rules or reasonable and generally accepted code of conduct. KBS America can also suspend or cancel membership if those violations result in excessive use of KBS America’s network and server resources. KBS America will do its best to avoid such events by taking precautions.
4. Payment
4.1. Paid Service
4.1.1. Certain VOD content on the website is provided for fees. Those for-fee services can be provided in the following manners: (i) Pay-per-use Service: You can watch VOD for certain hours through streaming by paying pre-determined fees (points) for specific episodes (ii) Flat-rate Service: TBD. (iii) DVD Sales: Certain content will be available on DVD for purchase.
4.1.2. All the members may not be authorized to watch all the for-fee content, in which case all the clauses here are not applied.
4.2. Pay-per-view Service
4.2.1. Each episode can be provided at a different price and members can check the pricing policy of the Service on the website before purchasing points.
4.2.2. Members can watch for-fee VOD content by spending KBSWORLDi points that they purchased beforehand.
4.2.3. Members can watch each episode that they paid for only during a pre-determined time window after they started watching it for the first time. This time window may vary for each program. General rules for such time window can be found on the website. KBS America has a right to set and change the time window at its sole discretion but the change is not applied for the program already being watched. Members can watch the VOD’s that they paid for unlimited times during the aforementioned pre-determined time window, after which they have to pay again to watch the same episode if they wish to watch it again.
4.3. Flat-rate Service
KBS America can provide its content as flat-fee packages on the website based on categories, time of watching or other rules of its own.
4.4. DVD Sales
Purchasing DVD’s can be made with credit card only. KBSWORLDi points cannot be used for DVD purchase and DVD’s cannot be returned for KBSWORLDi points. The price is fixed for all EOR programs, regardless of the length of the program. Discount might be provided at KBS America’s discretion.
4.5. Payment with Point
4.5.1. Payment for all for-fee services on KBSWORLDi website can be made with KBSWORLDi Point ("Point") that are valid only at KBSWORLDi.com.
4.5.2. Point can be obtained by members with the following methods:
(i) purchase of points with valid credit cards on KBSWORLDi.com (ii) purchase of gift cards (iii) give-away as part of promotion events.
4.5.3. Number of points required to play each episode may vary depending on the length of individual episodes, the time of payment (point deduction) and other company policies.
4.5.4. KBSWORLDi point is not refundable and has no expiration date. However, the points will expire when membership is cancelled.
4.6. Free Point and Discount
4.6.1. KBSWORLDi can provide members with free points or discount in purchasing cost.
4.6.2. Each member is entitled to free points or discount only once during each event period. The same member shall not get multiple benefits of free points and/or discount with a different name, e-mail address, or ID.
4.6.3. KBSWORLDi can stop providing the aforementioned benefits without prior notice at any time.
4.7. Other Conditions for using For-fee Service
4.7.1. Members are responsible for all the costs necessary to access the internet in order to use the Service mentioned in 4.1.1. on top of the cost to purchase points.
4.7.2. Members should provide correct information about their account and transaction for identity verification and billing. Incorrect information may lead to the restriction of the service and the member who provided such information is responsible for any loss or problem.
4.7.3. Furnishing verification information by members to use the website has the same effect as signing a contract with KBS America, which mandates its members to observe the rules regarding cancellation, contract and use of the Service according to the Terms of Service.
4.7.4. Members agree to do their best to protect their privacy by informing KBS America of any suspicion of breach of personal information such as members’ ID, password and/or any registration information and by changing their personal information on KBSWORLDi.com as soon as they are aware of such suspicion. Without such precautious measure, members themselves are liable for the entire damages and/or losses.
4.7.5. Members should not share their information on the paid-service with others and they are responsible for any problem resulting from such sharing.
5. Refund Policy
5.1. KBSWORLDi Point
KBSWORLDi Point is not refundable once purchased by its members. If you cannot play the videos after paying for them, please contact KBS America. KBS America will make every effort to resolve the issue. KBS America can take reasonable measures for members if the problem is not settled.
5.2. DVD (Boxed Sets and/or EOR)
5.2.1. If you receive a defective product, you shall notify KBS America of your product order number and a detailed description of the product’s condition via fax or email within 14 days of receipt. Failure to do so will result in customer’s request being refused or discarded.
5.2.2. Upon authorization and justification of the defective product’s return, customer must send it back to KBS America within 14 days of notification. KBS America is not responsible for lost returns in mail. Please note that it may take up to 4 weeks to process and return a defective product.
5.2.3. After reviewing a description of the defective product and receiving it, KBS America will test and examine the product. Upon confirmation that the product is defected, KBS America will send a replacement via standard ground mail.
5.2.4. Exchange of the defective product will be made with the same title only. There will be no refund provided for defective products.
5.2.5. KBS America will reimburse the return postage and/or shipping cost if KBS America is responsible for the described defect. Reimbursements to customers will be made only for standard ground shipping. The cost for all other forms of shipping such as registered mail or courier services will be sender’s responsibility.
5.2.6. For any unopened item, customer may request for refund by contacting KBS America and providing the product order number via fax or email within 14 days of receipt. Upon receipt of the unopened item and examination of the product condition, KBS America will issue a refund check. The shipping cost KBS America paid for the original shipment will be deducted from the amount in refund and the customer is responsible for return shipping cost.
6. Copyright and Intellectual Properties
6.1. Ownership
KBS America is a legitimate owner of KBSWORLDi website and/or a license holder of all the content on it. Members have limited right to access and use those content and codes on KBSWORLDi website according to the Terms of Service. Members agree that watching VOD by payibng does not constitute purchase of the content ownership and thus agree that they can watch the episodes they purchased only for a pre-determined time period.
6.2. Copyright
Content and logos of the website are owned by KBS, KBS America, license holders or content providers and they are protected by both the US and international laws. Other rights that are not mentioned here belong to respective right holders. Any type of copyright infringement such as illegal duplication and distribution of content will result in legal actions against those copyright violators, who then can be prosecuted.
6.3. Trademarks
"KBS", logos of KBS, "KBSWORLDi", logos of KBSWORLDi, KBSWORLDi.com website and all other relevant trademarks and service marks are owned by KBS America or each license holder. Rights of the third party products, services and trademarks that are marked on the website are protected as well. Prior written agreement from right holders is required to copy, download or use those trademarks for other purposes. Illegal use of them is prohibited under any circumstances and can lead to serious legal consequences.
6.4. DVD
The motion pictures contained in DVD boxed sets and EOR DVD videodiscs are protected under the copyright laws of the United States and other countries. These discs are sold for home use only and all other rights are expressly reserved by the copyright owner of those motion pictures. Any copying, editing, or public screening of such motion pictures is strictly prohibited and may subject the offender to civil liability and severe criminal penalties.
6.5. Related Companies
Copyright holders and content providers to the website have their own copyright protection policies.
6.6. Inquiries on Intellectual Properties
Please direct all your inquiries about ownership and intellectual properties to KBS America following the process below.
6.6.1. Contact
KBS America Inc.
Attn: KBSWORLDi.com
625 South Kingsley Drive
Los Angeles, CA 90005
E-Mail: info@kbsworldi.com
6.6.2. Requirement: KBS America can take legal action against inquirers when it finds the followings counterfeit or incorrect.
(i) Personal information (Name, Phone number, Address, E-mail) and signature of the inquirers.
(ii) Detailed inquiries
(iii) Basis for inquiries (Proof of copyright violation)
7. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
7.1.
THERE MIGHT BE GENERAL RISK FACTORS IN USING THE INTERNET SUCH AS COMPUTER VIRUSES OR SYSTEM FAILURES BUT KBS AMERICA IS NOT RESPONSIBLE FOR ANY OF THEM. MEMBERS ARE RESPONSIBLE FOR PROVIDING ALL THE SYSTEMS NECESSARY TO USE THE SERVICE, INCLUDING THE INTERNET CONNECTION.
7.2.
KBS AMERICA AND ITS REPRESENTATIVES DO NOT MAKE ANY WARRANTIES OF PROVIDING UNINTERRUPTED AND FLAWLESS SERVICE. KBS AMERICA’S SERVICES, INCLUDING KBSWORLDI WEBSITE, OTHER WEBSITES MANAGED BY KBS AMERICA, CONTENT, PRODUCT OR ANY OTHER SERVICES PROVIDED ON OR THROUGH THE SITES, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEMBERS AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW AND UNDERSTAND THAT THE QUALITY AND THE PERFORMANCE CAN VARY DEPENDING ON THE INTERNET USAGE ENVIRONMENT.
7.3.
IN NO EVENT SHALL KBS AMERICA, ITS AFFILIATES OR CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE KBSWORLDI SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7.4.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY AND INDEMNITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY AND INDEMNITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAWS, KBS AMERICA’S AND ITS RELATED COMPANIES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7.5.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KBS AMERICA AND ITS RELATED COMPANIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) AND OTHER LOSSES WHEN MEMBERS ARE ENGAGED IN COURT DISPUTES DUE TO BREACH OF CONTRACT WITH THIRD PARTIES. MEMBERS SHALL FULLY COOPERATE WITH KBS AMERICA IN SUCH EVENTS. KBS AMERICA SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO SELECT ITS OWN LEGAL COUNSEL TO DEFEND THE KBS AMERICA INDEMNITEES FROM ANY CLAIMS. YOU SHALL NOT, HOWEVER, WITHOUT THE PRIOR EXPRESS WRITTEN APPROVAL OF KBS AMERICA, SETTLE, DISPOSE OR ENTER INTO ANY PROPOSED SETTLEMENT OR RESOLUTION OF ANY CLAIM BROUHGT AGAINST YOU.
8. General Information
8.1. Notification
Notification by KBS America is effective by placing any message on the website. Customers can make notifications to KBS America by sending a mail to the following address.
KBS America
Attn: KBSWorldi.com
625 Kingsley Drive
Los Angeles, CA 90005
E-Mail: info@kbsworldi.com
8.2. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County of the State of California for any claim or action arising out of or relating to these Terms of Service or your use of the Service. Any subpoena, trial notice or other documents from the courts are delivered to the address the member provided and the case will be sent to the courts in the State of California for review.
8.3. Individual Clause
Even when some clauses of these Terms of Service are found to be violating laws, the remaining terms stay in effect.
8.4. Final Effect
These Terms of Service constitute the entire legal contract between members and KBS America. Any previous discussions or notices are not legally binding and these Terms of Service prevail over any previous written, oral or electric agreements between members and KBS America.
8.5. Written Agreement
These Terms of Service are considered as a legally binding written contract between members and KBS America. Printed copies of these Terms of Service or any related e-mail notification have legal effect and can be printed and managed like other commercial contracts, documents and records.
8.6. Service Outside North America
KBSWORLDi is operated and managed by KBS America, whose office is located in California of the United States. KBS America is not responsible for the legality of the Service, its content and use of its service in the regions other than North America. Members who use the Service outside North America should be responsible for any problem, including legal issues which can be caused by their use of the Service.
8.7. Force Majeure
KBS America is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity.
9. Privacy Policy
9.1.
Please refer to the Privacy Policy you can find on our website.
10. Effective Date
10.1.
These Terms of Service is effective from April 1st, 2009.
10.2.
These Terms of Service is revised on October 15th, 2009.