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Terms of Services

Latest Update: December 20, 2021

Welcome to “GREAT MINDS.”

These terms of services (the “Terms”), as amended from time to time, and as incorporating the Privacy Policy, are a legal agreement between Korea Educational Broadcasting System (“EBS,” “we,“ “us,“ “our,“ “GREAT MINDS“) and you (“you” or “user”) and apply to any use your receive from us including our services available to you by us though our website located at (thegreatminds.com) (the “Site”), our mobile applications and any other related services (all new functions and applications) provided by EBS (collectively, the “Services”).

We may amend the Terms and the Services from time to time. All notices of any material change will be posted on this page with an updated effective date and whenever such changes affect your rights, we will notify you of them in advance via email or other means we reasonably deem appropriate. However, it will be the user's responsibility to regularly check this page for such notice. If the user continues to use our Services after such changes, the user will be deemed to have accepted such changes and be legally bound by the newly amended Terms. “We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.”

1. Eligibility

In order to create an account and use our Services, you must:

  1. be at least eighteen (18) years of age;

  2. be legally eligible to enter into a binding agreement with us;

  3. not be a person who is prohibited from using our Services under the laws of any applicable jurisdiction;

  4. provide and maintain true, accurate, current and complete information requested by the the Services;

  5. comply with all applicable laws, rules and regulations; and

  6. not misrepresent your identity, age or other qualifications.

If you are a minor between thirteen (13) and eighteen (18) years old, you must get permission from your parent or guardian. If you are younger than thirteen (13) years old, you are not authorized to use our Services.

To create an account with us, you should provide us with your personal information. At GreatMinds, we respect the privacy of our users. For more information about what information we collect from you and how we use them, please read our Privacy Policy.

2. Use of the Services

  1. 2.1 Unauthorized Use

    You shall not:

    1. act in an unlawful manner including being dishonest, abusive or discriminatory;

    2. disclose any information that you do not have the right to disclose;

    3. use the Services in a way that damages Services;

    4. use the Services for any purpose that is prohibited by applicable laws or the Terms; or

    5. engage in any conduct that may violate the Terms.

  2. 2.2 Limited Purpose and License

    Our Services and all contents from the “GREAT MINDS” Services including without limitation any technologies and software underlying the Services are provided for the purpose of Users’ personal and non-commercial use only. The registered purchasers of the “GREAT MINDS” membership are granted a non-exclusive and non-transferrable license to access the “GREAT MINDS” contents on a steaming basis for the above purpose. . Otherwise, no other rights, ownership, or interests shall be transferred to the users.

  3. 2.3 Management of Your Account

    You may not use another user’s account, and cannot provide your username and password to other persons for their access into your account. You shall be responsible for all the activities arising under your password and account, and you will be solely responsible for maintaining the confidentiality of your login information and password and take appropriate measures to protect them. If you believe that a third party has gained unauthorized access to your account, you should notify us immediately.

    We are not responsible for any losses or damages incurred by you in relation to your failure to perform the above obligations.

  4. 2.4 Modification or Discontinuance to the Services

    We reserve the right to modify or discontinue the Services in whole or in part at any time even without any notice.

    The user agrees that we shall not be held liable to him, her or any third party for our change or discontinuation of the Services.

    EBS does not have any obligation to keep in possession the user’s accounts.

  5. 2.5 Mobile Application Services

    The Services may include the following features: 1) the function to upload the User Content to GREAT MINDS on the service page through your mobile device, 2) the function to search the Services from your from mobile device, 3) the function to access certain features through our mobile application. to the extent that our Services are provided through our mobile application to be installed on your mobile device. Applicable fees and date rates and certain restricted features of our Services may vary depending on your wireless service carrier.

3. Conditions of Use

  1. 3.1 Payment

    The users shall choose either full or partial charged services and a payment plan for such services, and provide us with information on their credit card or other payment method. The users shall not provide us with any information that they are not authorized to use. The users shall pay the amount that we charge in accordance with the payment that they choose and the Terms. We may change our fees anytime.

  2. 3.2 Cancellation and Refund Policy

    Cancellation and refund requests shall be made via a separate application for cancellation/refund in accordance with the below procedure. Any incorrect information provided in the application for cancellation/refund may delay cancellation/refund process.

    Cancellation and refunds for purchased items are as follows:

    • Refund Requests: Valid for a refund within 7 days after a purchase, a separate application for the refund shall be made available through 1-on-1 customer services via an email inquiry. We will refund the full amount of the purchase and terminate the Services. Except for the above refund available for cancellation within said period, the user’s payments are non-refundable. The user may cancel the Services anytime. For an application for refund, the user shall provide us with the following information: ID / Name / Contact info / E-mail address / Payment method / Reason for request

    • For any questions or inquiries related to refund/cancellation of the Services, please email us at support@thegreatminds.com

  3. Any payment related to in-app purchases will be governed by the application stores’ own terms and conditions and if you have any payment related issue including refund, then you need to directly contact the application store from which you downloaded the application. We are not responsible for any refund related to in-app purchase. Any details concerning the application stores are available at the following links:

    1. Google Play Store: https://play.google.com/intl/ko_kr/about/play-terms.html

    2. Apple App Store: http://www.apple.com/legal/internet-services/itunes/appstore/kr/terms.html

4. Intellectual Property Rights

The contents or functions contained in or provided by the Services (“EBS Content”) are protected by copyrights, patents, trademarks, trade secrets or other rights and laws . EBS Content and any intellectual property rights therein such as copyright shall belong to EBS or other rightful owners of EBS Content. Unless otherwise authorized by these Terms, the user may not modify, copy, frame, scrap, lease, lend, sell, distribute, create derivatives based on or otherwise use the Services or EBS Content except for the User Content. When using the Services, the user shall not engage in any data collection or gathering activities. You may not bypass any IP ban implemented by us in using the Services and you acknowledge that any unauthorized use of the Services or EBS Content is strictly prohibited.

Our logos and any other trademarks that may appear on our Services, and the overall look and feel of our Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on our Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

5. Third Party Websites and Services

You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities via our Services ("Third-Party Websites"). If you choose to access these Third-Party Websites, you may be requested to log-in and sync your accounts with such websites. You are in no way obligated to use any Third-Party Websites, your access and use of such websites is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Websites. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Websites.

Our Services may include the ability to discover, access or participate in certain services, activities, or events provided by third parties ("Third-Party Services"). Third-Party Services are offered and provided by such third parties, not the Company. Your attendance at and participation in Third-Party Services is solely at your own risk. We will not be liable for any act, error or omission of any third party, including, without limitation, any which arises out of or is any way connected with your attendance, use of or participation in any Third-Party Services initially discovered, booked or registered for via the Services, or the performance or non-performance of any third party in connection with the Services.

6. Social Networking Services

The user may create an account or log into the Services by using third party social networking services (the “SNS”) . Such use of the SNS will require your registration and logging into the SNS that will provide us with access to your personal information and we will use such information according to our Privacy Policy. For more information about our use of your personal information provided by the SNS, please refer to our Privacy Policy.

For the avoidance of doubt, we are not liable for the privacy protection practices of any SNS.

7. Disclaimer and Limitation of Liability

  1. 7.1 Disclaimer of Warranty

    OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITH ALL FAULT BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US OR, IF ANY, OUR THIRD PARTY LICENSORS, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL BE DEEMED TO ALTER THIS DISCLAIMER, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.

  2. 7.2 Limitation of Liability

    To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall we, our subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; or (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not we have been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of EBS, for any claim under the Terms, including for any implied warranties, is limited to two hundred dollars (US $200).

8. Services Monitoring, Suspension and Termination

We reserve the right, but have no obligation, to monitor your accounts and/or activities conducted through or in any way related to the Services, as well as your use of or access to personal information and profiles of other users.

We may also deactivate, terminate or suspend your account or access to certain or whole part of the Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of the Terms, (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for the Services, the general public, any third party, or any user of the Services, (3) in response to requests by law enforcement or other government agencies, or (4) upon discontinuation or material modification of any Services, (5) due to unexpected technical issues or problems. You agree that we shall not be liable to you or any third party for any termination of your access to the Services.

You may terminate or delete your account at any time for any reason.

9. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold us, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) your use of the Services, (b) your activities in connection with the Services, (c) your connection to the Services, (d) your violation of the Terms, (e) your use or misuse of any user's personal information, or (f) any violation of the rights of any other person or entity by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

10. Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law principles. Except for the users residing where prohibited by applicable law, the user and EBS agree that any disputes arising out of or in connection with these Terms (the "Disputes") shall be finally settled by arbitration in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. The number of arbitrators shall be one and the seat, or legal place, of arbitral proceedings shall be Seoul, South Korea. The language to be used in the arbitral proceedings shall be English. You understand and hereby agree that Disputes shall be arbitrated on an individual basis and that there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity on behalf of other persons similarly situated. In addition, Disputes brought to arbitration pursuant to the Terms may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration result is to be given preclusive or precedential effect as to issues or claims in any Dispute with anyone who is not a party to the arbitration. Costs of arbitration shall be borne equally by both parties and upon resolution by the arbitrator, the losing party shall reimburse the prevailing party.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under the Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under the Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under the Terms and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

11. Contact Info for Inquiries and Complaints

The users may forward any complaints or damage relief applications regarding violations of the Terms , member information, video inquiries, payment, or refunds.

To do so, please refer to the following contact information:

281, Hallyuworld-ro, Ilsandong-gu, Goyang-si, Gyeonggi-do, Republic of Korea, EBS (Educational Broadcasting System)

support@thegreatminds.com

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