Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing and using the Nificonk Studio website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our services.

These Terms of Service constitute a legally binding agreement between you and Nificonk Studio LLC, a company incorporated under the laws of the South Korea, with its principal place of business at 187 Gwanganhaebyeon-ro Unit 788, Suyeong-gu, Busan 46790, South Korea.

2. Definitions

  • "Services" refers to all products, websites, applications, and digital content provided by Nificonk Studio.
  • "User" refers to any individual or entity that accesses or uses our Services.
  • "Content" includes text, graphics, images, videos, software, and other materials.
  • "Intellectual Property" refers to all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
  • "Personal Data" means any information that identifies or can identify an individual.

3. Use of Services

Our Services are provided for lawful purposes only. You agree to use our Services in compliance with all applicable local, state, national, and international laws and regulations. You may not use our Services for any illegal or unauthorized purpose.

Permitted Uses:

  • • Personal, non-commercial use of publicly available content
  • • Educational and informational purposes
  • • Business use in accordance with applicable licensing terms

Prohibited Activities:

  • • Attempting to gain unauthorized access to our systems
  • • Transmitting viruses, malware, or malicious code
  • • Interfering with the proper functioning of our Services
  • • Reverse engineering or decompiling our software

4. User Accounts and Security

Some of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Responsibilities:

  • • Provide accurate and complete registration information
  • • Keep your password secure and confidential
  • • Notify us immediately of any unauthorized use
  • • Update your account information as needed
  • • Accept responsibility for all activities under your account

5. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Nificonk Studio LLC and are protected by South Korea and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Rights and Restrictions:

You may access and use our Services for their intended purposes. However, you may not:

  • • Copy, modify, or create derivative works without permission
  • • Distribute, sublicense, or transfer your rights
  • • Remove or alter any proprietary notices
  • • Use our trademarks without written authorization

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

Data Protection Principles:

  • • We collect only necessary information for service provision
  • • We use data only for disclosed purposes
  • • We implement appropriate security measures
  • • We respect your rights regarding your personal data
  • • We comply with applicable data protection laws

For detailed information about how we handle your data, please review our Privacy Policy and Cookie Policy.

7. Disclaimers and Limitation of Liability

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Service Availability:

While we strive to provide reliable Services, we do not guarantee uninterrupted or error-free operation. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.

Limitation of Liability:

To the maximum extent permitted by law, Nificonk Studio LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our Services.

8. Indemnification

You agree to indemnify, defend, and hold harmless Nificonk Studio LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • • Your use of and access to our Services
  • • Your violation of any term of these Terms
  • • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • • Any claim that your use of our Services caused damage to a third party

9. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Effect of Termination:

  • • Your right to use our Services will cease immediately
  • • All provisions of the Terms which by their nature should survive termination shall survive
  • • We may retain certain information as required by law or for legitimate business purposes
  • • You remain liable for obligations incurred prior to termination

10. Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of the Republic of Korea, South Korea, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Busan, Republic of Korea.

Dispute Resolution:

Before pursuing formal legal action, we encourage you to contact us directly to resolve any disputes informally. We are committed to working with our users to address concerns fairly and efficiently.

If a dispute cannot be resolved informally, it will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Busan, Busan.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Notification of Changes:

We will notify users of material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

13. Contact Information

If you have any questions about these Terms of Service, please contact us using the information below:

Company Information

Company: Nificonk Studio LLC

Address:
187 Gwanganhaebyeon-ro Unit 788
Suyeong-gu, Busan 46790
South Korea

Contact Details

Phone: +82-51-366-6600

Email: info@nificonk.com

Business Hours:
Mon-Fri: 09:00-18:00 EST

Acknowledgment

By using our Services, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to abide by the above, please do not use this service.

© 2024 Nificonk Studio LLC. All rights reserved.