Continuamos actualizando nuestro sitio Web. Publicaremos los términos y condiciones en español.

Terms & Conditions - English

KPop Highway Radio USA, Ltd Terms and Conditions  
   
These terms and conditions (“Agreement”) were last modified on March 2, 2016  
   
Table Of Contents  

1. Site Description  
2. About Us  
3. Rebroadcast  
4. IP Blocking  
5. Unlawful Use  
6. Requirements For Using The KHWY Site  
7. Mobile Devices  
8. Changes To This Agreement  
9. Privacy And Protection Of Personal Information  
10. User Code Of Conduct  
11. Limitation On Liability  
12. Indemnification  
13. Disclaimer Of Warranties  
14. Exceptions  
15. Modification/Termination By KHWY  
16. Links  
17. Use/US Export Controls  
18. Third Party Merchants  
19. Advertisements, Sponsorships, Co-Promotions And Other Partnerships  
20. Events  
21. Interactive Services & User Materials  
22. User Materials  
23. Referral Service  
24. Voting/Rating Features  
25. Subscription Service  
26. Limited To Personal & Non-Commercial Use  
27. Member Account & Password  
28. Cancellation  
29. General  
30. Copyright & Trademark Notice Use Of Intellectual Property  
31. Procedure For Notification Of Copyright Infringement  
32. Counter Notification And Replacement Of Materials  
33.Repeat Offenders  

1. Site Description  

This website, app, and stream are owned by KPop Highway Radio USA, Ltd., a Nevada corporation ("KHWY", "we", "us", or "our").  The KPop Highway Radio USA site, app and stream (collectively “KHWY Site”) are provided by KHWY for your personal non-commercial use and subject to your compliance with this Agreement. Please read this Agreement carefully before using the KHWY Site. Your use of the KHWY Site constitutes your acceptance to be bound by this Agreement without limitation, qualification on change. If at any time you do not accept all of this Agreement you must immediately discontinue use of the KHWY Site.  

return to top  
   
2. About Us  

KHWY Site is a streaming Internet station dedicated to playing the latest and greatest KPop for listeners in the United States. Listeners can hear the stream over the Internet through the website and/or through the free KPop Highway Radio USA app. The stream is available free to listeners and is supported through advertising.  
   
Use of subscription services, such as RSS Feeds and newsletters require a valid e-mail address. By signing up for a subscription service, you are agreeing to this Agreement and the KHWY Privacy Policy.  
   
As a courtesy to KHWY listeners, the KHWY Site blog features many KPop concert and event dates in the United States. This concert and event information is provided to our listeners as a courtesy on an “as is” “as available” basis. Concert and events are subject to change and/or cancellation. For the most current information, please check with the band website, event promoter, ticket sales website or the other party responsible for the listed event. KHWY is not affiliated with or responsible for the concerts/events listed.  
   
KHWY makes no representations or warranties of any kind, either express or implied about the accuracy of information. KHWY is not responsible for the events posted on the site. KHWY shall not be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential or punitive damages resulting from the posting of concert/event dates or activities at or surrounding the blogged concert/events. Please check with the concert or event promoter, ticket agency or other responsible party for the most current and up-to-date information.  
   
return to top  
   
3. Rebroadcast  

The radio station stream is provided for your non-commercial use. You will not record or rip any broadcasts for re-broadcasting or retransmission of the station broadcast by any means, in any manner or in any media.  
   
return to top  

4. IP Blocking  

KHWY reserves the right to block any user who is suspected of stream ripping or detected as using a stream ripping device or software.  
   
return to top  

5. Unlawful Use  

You may not use the KHWY Site for any purpose that is unlawful or prohibited by this Agreement Your access to the KHWY Site may be terminated immediately in KHWY’s sole discretion, with or without notice, if you fail to comply with this Agreement for any other reason or no reason.  

return to top  
   
6. Requirements For Using The KHWY Site  
   
By using the KHWY Site, you are representing and warranting that: (a) you are a legal resident of the United States, (b) You agree that you are over 18 years of age or over 13 years of age with consent or permission from a parent or legal guardian, (c) you own or have sufficient authorization to use the computer, mobile device, technology, or other device you use to access the KHWY Site, (d) you are 18 or older when using the KHWY app voice recorder feature (e) you will access and use the KHWY Site in accordance with this Agreement.  

return to top  
   
7. Mobile Devices  
   
If permitted or available through your internet service you can (a) upload content to the KHWY Site via your mobile device and/or tablet, (b) receive or reply to messages, access or make posts using text messaging, (c) browse the KHWY Site from your mobile device and/or (d) access certain features through the KHWY mobile app which you have downloaded and installed on your mobile device. You must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which KHWY makes the radio stream available, as well as any carrier services necessary to upload content and pay any service fees associated with any such access (including but not limited to text messaging charges). You are responsible for ensuring that your equipment and/or software does not disturb or interfere with KHWY Site operations. Any equipment or software that is causing interference will immediately be disconnected from the KHWY Site. Unless explicitly stated otherwise, any new or additional features that enhances or augments the current KHWY Site will be subject to this Agreement. You agree to follow and comply with any applicable laws in your use of the KHWY Site.  
   
return to top  

8. Changes To This Agreement  
   
KHWY reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. KHWY will provide notice of such changes to the KHWY Site. Please review this Agreement periodically for changes. Your continued use of the KHWY Site constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the KHWY Site, to which these changes may apply.  
   
return to top  

9. Privacy and Protection Of Personal Information  

KHWY has developed a privacy policy (“KHWY Privacy Policy”) in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. By using the KHWY Site you agree to this Agreement and the KHWY Privacy Policy.  
   
return to top  

10. User Code of Conduct  
   
In accessing and using the KHWY Site, you agree that you will not:  
   
Deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as “spam”), chain letters, surveys, or contests or solicit participation in any pyramid schemes.  
   
Deliver any unlawful (according to local, state, federal or international law or regulation) posting to or through the KHWY Site or any postings, which advocate illegal activity.  
   
Deliver, or provide links to any postings containing material that could be considered harmful, obscene, pornographic, indecent lewd, violent, abusive, profane, threatening, harassing, hateful or otherwise objectionable.  
   
Deliver or provide link to postings containing material that harasses, victimizes, degrades or intimidates and individual or group of individuals on the basis of race, religion, ethnicity, sexual orientation, gender, age or disability.  
   
Deliver or provide links to any postings containing defamatory, false or libelous material.  
   
Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, but without limitation, copyrights, patents, trademarks, and laws governing trade secrets, rights to privacy or publicity.  
   
Deliver any posting that you do not have the right to make available under law or contractual or fiduciary relationships.  
   
Manipulate identifiers including by forging headers, in order to disguise the origin of any posting you deliver.  
   
Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or adopt a false identity, if the purpose of doings is to mislead, deceive, or defraud another.  
   
Deliver any a posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.  
   
Use of the KHWY Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the KHWY Site or other users’ devices or cause damage, disruption or limit the functioning of any software, hardware or telecommunications equipment.  
   
Attempt to gain unauthorized access to the KHWY Site, accounts computer systems or networks connected to KHWY through hacking, password mining, or any other means.  
   
Obtain or attempt to obtain any materials or information that is not intentionally made available through the KHWY Site, including harvesting and otherwise collecting information about other such as e-mail addresses.  
   
return to top  

11. Limitation On Liability  
   
In no event shall KHWY, its subsidiaries, affiliates, distributors, suppliers, licensors, agents and others involved in creating, sponsoring, promoting or otherwise making available the KHWY Site be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential or punitive damages whatsoever, including but not limited to: (a) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this KHWY Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the KHWY Site or any information, software, products, services, and related graphics obtained through the KHWY Site; (vi) any transactions entered into through the KHWY Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of the KHWY Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the KHWY Site. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, and strict liability or otherwise, even if KHWY has been advised of the possibility of damages.  
   
 return to top  

12. Indemnification  
   
You agree to indemnify and hold harmless KHWY, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the additional terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the KHWY Site and/or software. You agree to cooperate fully with KHWY in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.  
   
return to top  
   
13. Disclaimer Of Warranties  

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE KHWY SITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE KHWY SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. KHWY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KHWY SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE KHWY SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KHWY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. KHWY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE KHWY SITE OR THE RADIO STREAM WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE KHWY SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. KHWY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE KHWY SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. KHWY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR KHWY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.  
   
return to top  

14. Exceptions  

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, KHWY’S LIABILITY WILL BE  
LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  
   
return to top  

15. Modification/Termination By KHWY  

KHWY reserves the right, in its sole discretion, to modify, suspend, or terminate the KHWY Site and/or any portion thereof, at any time for any reason with or without notice to you. Termination of your account for the KHWY Site removes your authorization to use the KHWY Site. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, KHWY shall not be liable to you or any third party for any termination of your access the KHWY Site.  

return to top  

   
16. Links  
The KHWY Site may contain links to websites, applications or other services operated by third parties. KHWY does not monitor or control the third party sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any of the content uploaded, displayed, or distributed, or products, or services available at the third party sites. If you choose to access any third-party site (including any linked site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply KHWY’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. Any intellectual property that is owned or controlled by KHWY and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software and intellectual property is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with such software. KHWY accepts no responsibility or liability in connection with any software or content owned or controlled by third parties.  
   
return to top  

17. Use/U.S. Export Controls  
Accessing materials on the KHWY Site by certain persons in certain countries may not be lawful, and KHWY makes no representation that materials on the KHWY Site are appropriate or available for use in locations outside the United States. If you choose to access the KHWY Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. No software or any other materials associated with the KHWY Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the KHWY Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.  
   
return to top  

18. Third-Party Merchants  

The KHWY Site may enable you to order and receive products, information and services from businesses that are not owned or operated by KHWY. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. KHWY does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. KHWY will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.  
   
return to top  

19. Advertisements, Sponsorships, Co-Promotions And Other Partnerships  

KHWY may display advertisements for the goods and services of a third party on the KHWY Site including in connection with co-promotions, sponsorships and other similar partnership arrangements. KHWY does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the KHWY Site.  
   
return to top  

20. Events  

You may be invited or asked to attend KHWY-sponsored events or events held by other members and users of the KHWY Site which are not in any way associated with KHWY at various locations throughout the United States (collectively, "Events"). Your participation in any Events is at your own risk and you agree to release and hold KHWY, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by KHWY in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by KHWY and we may use your or your minor children or wards' name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.  

return to top  
   
21. Interactive Services And User Materials  
   
The KHWY Site may offer certain services that have interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, "KHWY Interactive Services"). Additional terms may cover KHWY Interactive Services, which appear on the pages where these services are available, in addition to this Agreement. The selection of available KHWY Interactive Services may change from time to time in KHWY’s sole discretion. You may participate in the KHWY Interactive Services by completing the registration form where one is provided. By using KHWY Interactive Services, you agree that you are over 18 years of age or over 13 years of age with consent or permission from a parent or legal guardian.  
   
return to top  

22. User Materials  

KHWY does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to the KHWY Site by you or other users (collectively, "User Materials"). KHWY is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, KHWY reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. KHWY is not responsible or liable for damages of any kind arising from any User Materials even when KHWY is advised of the possibility of such damages, or from KHWY alteration or deletion of any User Materials. You are solely responsible and liable for all User Materials delivered to the KHWY Site using your account. Any violation of these provisions can subject your KHWY account or IP number to immediate blocking, disabling or termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by KHWY will not infringe or violate this Agreement associated with the KHWY Site and/or a KHWY Interactive Services, whether solicited or unsolicited, you are granting KHWY and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. KHWY also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in the KHWY Privacy Policy. The information and opinions expressed in User Materials appearing on the KHWY Site are not necessarily those of KHWY or its content providers, advertisers, sponsors, affiliated or related entities, and KHWY make no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. KHWY does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and KHWY has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that the KHWY Site is "public," and in addition to the license granted to KHWY, other users will have access to your User Materials and might copy, modify or distribute them. If you are aware of any User Material on the KHWY Site, which violates this Agreement, please contact us at support@kpophighway.com. Please provide as much detail as possible, including a copy of the underlying material, the location where KHWY may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, KHWY will only remove User Materials if KHWY believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled "Procedure For Notification Of Copyright Infringement." Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via the KHWY Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via the KHWY Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that KHWY, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services.  
   
return to top  

23. Referral Programs  
   
KHWY does not run or promote any referral programs. Please ignore any such communications.  

return to top  

24. Voting/Rating Features  

For any voting/rating features that are available on the KHWY Site, you must follow instructions on the KHWY Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. There will be no payment 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, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion; to disqualify any individual it finds to be violating this Agreement, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as through one of our social media partners, for example Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.  

return to top  
   
25. Subscription Services  
   
The KHWY Site may offer certain KHWY Subscription Services, such as newsletters, e-mails, and real simple syndication ("RSS") feeds (collectively "KHWY Subscription Services"). By registering for a KHWY Subscription Services, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in additional terms.  
   
return to top  

26. Limited To Personal And Non-Commercial Use  
   
The KHWY Site and KHWY Subscription Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this subscription service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from the KHWY Site and/or KHWY Subscription Services by e-mailing support@kpophighway.com.  

return to top  
   
27. Member Account And Password  
You are responsible for any membership name and password that is associated with your account during registration. If the KHWY Subscription Services do not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account. You agree that you are over 18 years of age or over 13 years of age with consent or permission from a parent or legal guardian, when creating and using a member account and password.  
   
return to top  

28. Cancellation Term & Termination  
This Agreement will continue to apply until either you or we terminate your account. You may terminate your account and/or stop using the KHWY Site at any time for any reason by contacting us. You agree and acknowledge that we may terminate this Agreement or suspend your access to the KHWY Site at any time, for any reason, with or without prior notice or explanation, including in the event of your actual or suspected unauthorized use of the KHWY Site or non-compliance with this Agreement, in our sole discretion. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by us, in our sole discretion. If you or us terminate this Agreement, or if we suspend your access to the KHWY Site, you acknowledge and agree that (a) we shall have no liability or responsibility to you, (b) you will lose all access to the KHWY Site, and (c) your User Content may be irrevocably deleted. You may cancel your membership in the KHWY Subscription Services at any time by contacting us at support@kpophighway.com.  
   
return to top  

29. General  
   
This Agreement and any additional terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the additional terms, or in connection with any matters related to the KHWY Site and/or the KHWY Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in Los Angeles County, California. You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred. If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and KHWY with respect to the use of the KHWY Site and shall not be modified except in writing, signed by an authorized representative of KHWY.  
   
If you have any questions concerning this Agreement, you may send them by email to support@kpophighway.com.  
   
You must send any official correspondence via postal mail to:  
KPop Highway Radio USA, Ltd.  
ATTN: Terms of Use  
11301 West Olympic Blvd. Suite #350  
West Los Angeles, CA 90064  

return to top  

30. Copyright & Trademark Notice Use of Intellectual Property  
   
The KHWY Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, KHWY logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by KHWY or by other parties that have provided rights thereto to KHWY. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the KHWY Site, in whole or in part, without the express written permission of KHWY. Other trademarks, service marks, product names and company names or logos appearing on the KHWY Site that are not owned by KHWY may not be used without express permission from their owners. Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of the KHWY Site, or frame the KHWY Site, or any web page or material herein, nor may any entity include a link to any aspect of the KHWY Site in an email for commercial purposes, without the express written permission of KHWY. Further, unless otherwise expressly permitted, you agree not to link to KHWY Intellectual Property so as to cause you or anyone else to access KHWY Intellectual Property other than through the KHWY Site.  
   
You may inquire about obtaining permission by writing:  
KPop Highway Radio USA Ltd.  
Attn: Support  
11301 West Olympic Boulevard  
Suite #350  
West Los Angeles, CA 90064  
By E-mail: support@kpophighway.com  

return to top  

31. Procedure For Notification Of Copyright Infringement  
   
KHWY respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through the KHWY Site, you are granting permission to have this material posted on the KHWY Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. KHWY reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights KHWY may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.  
   
Please contact:  
   
KPop Highway Radio USA Ltd.  
Attn: Support  
11301 West Olympic Boulevard  
Suite #350  
West Los Angeles, CA 90064  
By E-mail: support@kpophighway.com  
   
   
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:  
   
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  
   
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.  
   
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KHWY to locate the material.  
   
(iv) Information reasonably sufficient to permit KHWY to contact the complaining party, such as an address, telephone number, and, if available, an email address.  
   
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.  
   
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  
   
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.  
   
return to top  

32. Counter Notification And Replacement Of Material  

The KHWY Site user (“User) whose use is the subject of a DMCA notification may provide a counter notification to KHWY Support (support@kpophighway.com) responding to the notification.  A counter notification must be a written communication provided to the KHWY that includes substantially the following:  
(1) A physical or electronic signature of the User;  
(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;  
(3) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and  
(4) The User’s name, address and telephone number and a statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the address is located or, if the User’s address is outside the United States, for any judicial district in which the service provider (KHWY) may be found and that the User will accept service of process from the person who provided notification or an agent of such person.  
Upon receipt of a counter notification, KHWY should promptly provide the party from whom the DMCA notification came (the “Complaining Party”) with a copy of the counter notification and inform the Complaining Party that KHWY will replace the removed material or cease disabling access to it in ten business days.  
KHWY will then replace the removed material and cease disabling access to it not less than ten nor more than fourteen business days following receipt of the counter notice unless KHWY first receives notice from the Complaining Party that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the KHWY Site.  If KHWY receives notice of such an action, the KHWY will not re-post the allegedly infringing work.  KHWY will instead forward the notice to the User and to the appropriate KHWY personnel for response.  

return to top  

33. Repeat Offenders  

It is KHWY’s policy to terminate; inappropriate circumstances, subscribers, account holders and other Users of this KWHY Site who are repeat copyright infringers.  

It is KHWY’s policy also to accommodate and not interfere with technical measures used by copyright owners to identify or protect copyrighted works where such measures have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary and multi-industry standards process, are available to any person on reasonable and non-discriminatory terms and do not impose substantial costs on the KHWY or substantial burdens on the KHWY Site.  
   
return to top