Terms of Service

1.    Purpose

The purpose of these Terms of Service is to prescribe matters concerning the terms and procedures of Kia Studio operated by Kia Corporation (hereinafter referred to as “Kia”), and the rights, obligations and responsibilities between the user who agree to these terms and subscribe to Kia Studio, and Kia.

2.    Acceptance and Amendment of the Terms of Service

1)    Kia shall announce these Terms of Service through Kia Studio or notify the user by e-mail or other means, and these Terms of Service will be effective to the user when the user agrees to these Terms of Service, registers to Kia Studio and Kia approves the membership.

2)    Kia may amend (change) these Terms of Service without prior notice to the extent that they do not violate the relevant laws and regulations if a reasonable reason arises.

3.    Use of Services

Kia provides users with access to a rich collection of resources, including but not limited to corporate identity guidelines and related data such as design standards, photos, drawings and specifications (the "Services"). The user also understands and agrees that the Services may include certain communications from Kia, such as service announcements, administrative messages and newsletters, and that these communications are considered as part of Kia Studio membership. Unless explicitly stated otherwise, any new features that augment or enhance the Services shall be subject to these Terms of Service. The user understands and agrees that the Services is provided "as-is". Even if registered as a user, if the right to use the Kia’s CI elements, such as logos, signatures, colors, typefaces, and slogan, have already expired or been restricted at the time of direct or indirect use, the user may be subject to civil and criminal liability.

4.    Membership

Members who can gain access to the Services shall be limited to following persons :  vendors, suppliers, partners and corporations (collectively “Agents”), including (a) the employees of Kia, (b) the affiliates, subsidiaries, branches, distributors and dealers of Kia, (c) the Agents who design, produce, manufacture and / or construct CI-related items for use or application in Kia’s facilities, including showrooms, service shops, plants and buildings, (d) Agents who manufacture and supply auto parts to Kia and its affiliates for auto production and sales in after markets and (e) Agents who need to use the Services for the purpose for which it is provided for. Even though those who apply for membership by registering all the data required on the Kia Studio are qualified, their application for membership may be rejected at sole discretion of Kia. The user agrees that Kia will not be liable to the user or to any third party for termination of the user’s access to Kia Studio as a result of any violation of these Terms of Service.

5.    Obligations of User

In consideration of the user’s use of the Services, the user agrees to (a) provide true, accurate, current and complete information about the user 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 the user provides 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 the user’s membership and refuse any and all current or future use of the Services (or any portion thereof).

6. User’s Obligations for ID and Password

1. The user shall be responsible for the management of their ID and password. The user shall be liable for any and all consequences, losses, or damages arising from user’s neglect of management, or from any use or activities on the user’s account, whether use is authorized by the user or not.

2. The user is responsible for maintaining the security and confidentiality of the user’s ID and password and is prohibited from sharing such credentials with any third party without Kia’s written permission. If the user becomes aware that their user ID and password have been stolen, disclosed, or are being used by a third party, the user shall immediately notify Kia of any unauthorized use of the user’s identification and/or password, or any other breach of security, and shall immediately log out of Kia Studio. Kia cannot and will not be liable for any loss, damage, or consequences arising from the user’s failure to comply with this section

3. The user also acknowledges that Kia reserves the right to log out or deactivate user accounts that are inactive for an extended period of time. The user further acknowledges that Kia reserves the right to take any additional measures and modify aforementioned practices as Kia deems necessary from time to time.

    

   6.    Indemnification

   If the user violates these Terms of Service and incurs damages to other users or a third party, and result of which Kia suffers damages, the user who violated these Terms of Service shall pay Kia for all damages incurred and shall indemnify and hold harmless Kia against such damages.

    

   7. Modification of Services

4. Kia reserves the right to modify or discontinue the contents of the service temporarily or permanently with or without prior notice.

5. Kia may amend any of the terms of service in these Terms of Service, at any time and in its sole discretion to the extent permitted under applicable law. When Kia amends these Terms of Service, Kia shall give a notification by posting a change notice on Kia Studio or e-mail at least seven (7) days prior to the application.

6. If the user does not agree to the amended these Terms of Service, the user shall immediately cease usage of any Services and shall not access Kia Studio. If the user continues to use the Services and access Kia Studio after the effective date of the amended Terms of Service, the user shall be deemed to have agreed with the amended Terms of Service.

    

   8. Termination

7. The user may request withdrawal of membership at any time, and Kia will respond to such request in a timely manner.

8. If Kia has probable cause to believe that any of the following circumstances has occurred, Kia may terminate the membership of the user or restrict the user’s access to the Services :

   (a) the user breached or violated these Terms of Service.

   (b) the termination or restriction is required by law enforcement or other government agencies;

   (c) the termination or restriction is required by the user (self-initiated account deletions);

   (d) Discontinuance or material modification to the Services (or any part thereof);

   (e) Unexpected technical or security issues or problems;

   (f) Extended periods of inactivity of the user;

   (g) Engagement by the user in fraudulent or illegal activities in connection with the Services.

9. Before Kia terminates these Terms of Service and discards the user’s account and access to the service, Kia shall notify the user.

    

   10. Links

   Kia Studio may provide hyperlinks to other Websites or resources. The user acknowledges and agrees 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. The user further acknowledges and agrees 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.

    

   11. Kia's Proprietary Rights

   The user acknowledges and agrees that the Services provided in Kia Studio contains proprietary and confidential information of Kia that is protected by the applicable intellectual property law and other laws and regulations.

    

   12. Attribution of Copyrights and Restrictions on Use

10. The user will not modify, sell, distribute, disclose or disseminate, neither directly nor indirectly, the Services provided by Kia on Kia Studio to any third legal or natural persons or entities, either verbally or in writing or in any other manner, without Kia’s prior written consent.

11. The user is obliged to use the Services provided by Kia for the sole purpose of the business transactions with Kia or only for the purpose for which the user was assigned in relation to Kia’s business. The use of the Services for the user’s own commercial exploitation and operations is explicitly prohibited.

     

    [WWK1] 13. Disclaimer of Warranties

    The user expressly understands and agrees that:

    (a) The user’s use of the Services is at user’s sole risk. the service is provided on an "as is" and "as available" basis.

    (b) Kia makes no warranty that (i) the Services will meet the demand of the user; (ii) the Services will be uninterrupted, and provided timely, securely and error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any products, services, information or other material obtained by the user through the Services will meet the user’s expectations; and (v) any errors in the Services will be corrected.

    (c) Any material downloaded or otherwise obtained through the use of the Services is accessed at the user’s own discretion and risk, and the user will be solely responsible for any damage to the user’s computer system or loss of data that results from the download of any such material.

    (d) Any information, whether oral or written, obtained by the user from Kia or the Services shall not create any warranty.

     

    14. Trademark Information

    Kia’s company name (Kia Corporation), symbol mark, logotypes, signatures, brand slogan, product names, service names (in English and Korean characters) and other similar proprietary symbols of Kia(collectively “marks”) are trademarks of Kia. Without Kia’s prior written consent, the user shall not display or use in any manner of marks.

     

    15. Return of Information

    If the user ceases to do businesses with Kia or the membership is terminated for any reason, the user agrees to promptly return, delete, dispose or destroy all information, received or downloaded from the Kia Studio upon request of Kia. The user further understands and agrees that the user shall not disclose all information to any third parties.

     

    16. Limited Effect

    No license is granted or implied to the user by providing the Services through 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 the user with respect to the infringement of patents, trade secrets or other rights of others.

     

    17. Limitation of Liability

    To the fullest extent permitted by applicable law, Kia disclaims any and all liability for any loss or damage arising from or in connection with the use of, or the inability to use of Kia Studio and its Services, including its materials or services, or third party services made available through Kia Studio, regardless whether Kia is notified, aware of or should have been aware of the possibility of the incurrence of such loss or damage. Under no circumstances, shall Kia be liable for any direct, indirect, incidental, special or consequential damages, loss arising from or in connection with the use of the Services. ,. The user specially acknowledges and agrees that Kia is not liable for any defamatory or illegal conduct of any user. If the user is dissatisfied with Kia Studio, the user’s sole and exclusive remedy is to discontinue using Kia Studio.

     

    18. Notice

    All notice from the user to Kia 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 the user of changes to Kia Studio, the service, or other matters of importance; such broadcasts shall constitute notice to the user.

     

    19. General Information

    1)    These Terms of Service constitutes the entire agreement between the user and Kia, and governs the user’s use of the service, superseding any prior agreements between the user and Kia with respect to the service. The user also may be subject to additional terms of service that may apply when the user uses certain other services and/or purchases other CI-related items.

    2)    Choice of law and forum: These Terms of Service shall be governed by the laws of Republic of Korea, without regards to any private international law principles. Any dispute or claim arising out of or in connection with these Terms of Service between the user and Kia shall be settled in Seoul central district court, Korea.

    3)    Waiver and severability of terms: The failure of Kia to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these  Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of these  Terms of Service remain in full force and effect.

    4)    Headings: The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

    5)    Non-assignment: The user 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.