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terms of use

1. acceptance of terms

kia corporation ("kia") welcomes you. kia provides this service on the kia studio to you subject to the following terms of service ("tos"), which may be updated by us from time to time without notice to you. in addition, when using particular kia studio services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. all such guidelines or rules are hereby incorporated by reference into the tos.

2. dex-scription of service

kia provides users with access to a rich collection of resources, including corporate identity guidelines and related data such as design standards, photos, drawings, specifications and so on. (the "service"). you also understand and agree that the service may include certain communications from kia, such as service announcements, administrative messages and newsletters, and that these communications are considered part of kia studio membership. unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to the tos. you understand and agree that the service is provided "as-is" and that kia assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. membership

• the members that can gain access to the service shall be limited to following persons, vendors, suppliers, partners and corporations:
  • (a) which are employees of kia.
  • (b) which are affiliates, subsidiaries, branches, distributors and dealers of kia.
  • (c) which design, produce, manufacture and / or construct ci-related items for use or application in kia’s facilities, including showrooms, service shops, plants, buildings.
  • (d) which manufacture and supply auto parts to kia and its affiliates for auto production and sales in after markets.
  • (e) which need to use the service for the purpose for which it is provided for.
• even though those who apply for the membership by registering all the data required on the kia studio are qualified, they may be rejected by kia to gain access to the service.
• although you have been the member of kia studio, in case your right, including but not limited to, to access to the service and kia studio or to use kia’s trademarks is terminated or limited, you can be responsible for both civil and criminal responsibilities.
• you agree that kia will not be liable to you or to any third party for termination of your access to the kia studio as a result of any violation of these tos.

4. your registration obligations

in consideration of your use of the service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form (the "registration data") and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. if you provide any information that is untrue, inaccurate, not current or incomplete, or kia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, kia has the right to suspend or terminate your membership and refuse any and all current or future use of the service (or any portion thereof).

5. member account, password and security

• you will receive an account and password upon completing the service's registration process. you are responsible for maintaining the confidentiality of the account and password and are fully responsible for all activities that occur under your password. you agree to (a) immediately notify kia of any unauthorized use of your identification and/or password or any other breach of security, and (b) ensure that you exit at the end of each session. kia cannot and will not be liable for any loss or damage arising from your failure to comply with this section 5.
• you also acknowledge that kia reserves the right to log off accounts that are inactive for an extended period of time. you further acknowledge that kia reserves the right to modify these general practices and limits from time to time.

6. indemnity

you agree to indemnify and hold kia, its officers, directors, employees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against kia by any third party due to or arising out of or in connection with your abuse, illegal use and piracy of the service, your violation of the tos.

7. modifications to service and tos

• kia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. you agree that kia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
• kia may amend any of the terms and conditions in this tos, at any time and in its sole discretion within the scope of not violating relevant laws. when kia amends the tos, kia shall give a notification by posting a change notice on kia studio or email at least seven (7) days prior to the application. when you does not agree to the amended tos, you may terminate the tos. if you continue to use kia studio until application of amended tos, without showing any disagreement explicitly, you shall be deemed to have agreed with the amended tos.

8. termination

you agree that kia may, under certain circumstances and with prior notice, terminate your account and access to the service. cause for such termination shall include, but not be limited to, (a) your breaches or violations of the tos or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity and / or (g) engagement by you in fraudulent or illegal activities in connection with the service. before kia terminates your account and access to the service, kia may give you a chance to be heard.

9. links

the service may provide links to other world wide web sites or resources. you acknowledge and agree that kia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. you further acknowledge and agree that kia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. kia's proprietary rights

you acknowledge and agree that the service and the kia studio contain proprietary and confidential information of kia that is protected by applicable intellectual property and other laws.

11. obligation

• you will not modify, sell, distribute, disclose or disseminate, neither directly nor indirectly, the service provided by kia on the kia studio to any third legal or natural persons or corporations, either verbally or in writing or in any other manner, without kia’s consent.
• you are obliged to use the service provided by kia for the sole purpose of the business transactions with kia or only for the purpose for which it was particularly provided. the use of the service for own commercial exploitation and operations is explicitly prohibited.
• you shall impose corresponding obligations on any of your employees involved in carrying out tasks which are mentioned above “12.2” clause, and to provide verifiable evidence to kia of this upon request.

12. disclaimer of warranties

• you expressly understand and agree that:
  • (a) your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis.
  • (b) kia makes no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material obtained by you through the service will meet your expectations; and (v) any errors in the service will be corrected.
  • (c) any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • (d) any information, whether oral or written, obtained by you from kia or the service shall not create any warranty.

13. trademark information

the company name (kia motor company), symbol mark, logotypes, signatures, brand slogan, product names, service names (in english and korean characters) & logos and other similar proprietary symbols of kia(“marks”) are trademarks of kia. without kia’s prior written consent, you shall not display or use in any manner of marks.

14. return of information

if you cease to do businesses with kia or your membership is terminated for any reasons, you agree to promptly return, delete, dispose or destroy all information, received or downloaded from the kia studio upon request of kia. you further understand and agree that you shall not disclose all information to any third parties.

15. limited effect

no license is granted or implied to you by providing the service through the kia studio and none of such service which may be further transmitted by kia shall constitute any representation, warranty, assurance, guaranty or inducement by kia to you with respect to the infringement of patents, trade secrets or other rights of others.

16. privacy policy

• by using or accessing kia studio, you agree that kia can collect following information.
  • (a) name
  • (b) id
  • (c) password
  • (d) e-mail address
  • (e) company information (company name, team, position)
• all information entered into kia studio by you is private and it is kia’s policy to respect the privacy information of members. kia will also not disclose the contents of your private information with your consent unless required to do so by applicable law or in the good faith belief that such action is necessary to:
  • (a) comply with legal process served on kia in accordance with relevant laws.
  • (b) comply with request of government agencies in accordance with relevant laws.
• kia shall make efforts to protect your private information in accordance with the relevant laws.
• kia shall have a security system to protect private information so that you can safely use the service.

17. limitation of liability

under no circumstances, including but not limited to, negligence, shall kia be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use of kia studio, including its materials or service, or third party services made available through kia studio, even if kia is advised beforehand of the possibility of such damaged. you specially acknowledge and agree that kia is not liable for any defamatory or illegal conduct of any user. if you are dissatisfied with kia studio and service, of with any guidelines and rules, your sole and exclusive remedy is to discontinue using kia studio.

18. notice

all notice to a party hereto shall be in writing and shall be made either via email or conventional mail. however, kia may broadcast notices or messages through the service to inform you of changes to kia studio, the service, or other matters of importance; such broadcasts shall constitute notice to you.

19. general information

• entire agreement. the tos constitutes the entire agreement between you and kia and governs your use of the service, superseding any prior agreements between you and kia with respect to the service. you also may be subject to additional terms and conditions that may apply when you use certain other services and / or buy ci-related items.
• choice of law and forum. the tos and the relationship between you and kia shall be governed by the laws of republic of korea. any dispute or claim arising out of or in connection with tos between you and kia shall be settled in seoul central district court, korea.
• waiver and severability of terms. the failure of kia to exercise or enforce any right or provision of the tos shall not constitute a waiver of such right or provision. if any provision of the tos is found by a court of competent jurisdiction to be invalid, the other provisions of the tos remain in full force and effect.
• headings. the section titles in the tos are for convenience only and have no legal or contractual effect.
• non-assignment. you shall not assign or transfer any right or obligations hereunder to any third party, the assignment or transfer to be presumptively invalid, without prior written consent of kia.