THESE Mwave SHOP TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND CJ ENM CO., LTD. (“THE COMPANY”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: HTTPS://WWW.MWAVE.ME/ AS WELL AS ALL ASSOCIATED SITES LINKED TO https://www.mwave.me/ BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
THE COMPANY may make changes to the content and services offered on the Site (the “Service”) at any time. THE COMPANY can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and you acknowledge that such posting constitutes effective notice to you, and by notifying you at the Site.
By using this Site after THE COMPANY has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
The Company will make every efforts to comply with legal requirements regarding protection of underage users. Anyone who is under the age of majority in accordance with the applicable laws (a “Minor”) shall need consent from a legal representative (such as parents or legal guardians) to create and use social media accounts which are necessary to sign-in the Site. For more information, please contact the customer center of each social media service company. (In addition and without prejudice to the foregoing, the Company will comply with the applicable laws and regulations to protect juveniles from media products harmful to juveniles. In this regard, please refer to the Company’s Youth Protection Policy separately posted on Mwave mobile application or website.)
Without prejudice to the foregoing, by purchasing goods and services on and through this Site, you represent, acknowledge and agree that you are not under the age of majority or you are under the age of majority but using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless THE COMPANY if the Minor breaches any of these Terms. However, notwithstanding the generality of the foregoing, if you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the THE COMPANY or the Site.
THE COMPANY provides content through the Site and through the Services that is copyrighted and/or trademarked work of THE COMPANY or THE COMPANY’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, THE COMPANY hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site.
You can simply view the Site and not use any Services on the Site. You need not register with THE COMPANY to simply visit and view the Site.
However, in order to access certain areas of the Site (such as, My Page) and to use certain Services and Materials offered on and through the Site, you must create and use social media accounts which are necessary to sign-in the Site.
If applicable, you agree to pay all fees or charges based on THE COMPANY’s fees, charges, and billing terms in effect. If you fail to complete such payment using your credit card, PayPal or other payment method available in the Site for any reason, no purchase will be made hereunder.
“Credits” are units of payment recognized by THE COMPANY which may be used as partial or full payment for products purchased from THE COMPANY. Credits, once used, will expire and will no longer be available for use. Subject to special terms and conditions (for example, Credits granted for a special event), certain Credits may expire on a designated expiration date.
When purchasing both the signed CD and MEET&GREET product, you can cancel your purchase through [My Account] - [My Shopping] within 24 hours from the time of payment completion. After 24 hours from the time of payment completion, you can request for cancellation with your Order Number through [My Account] - [Contact Us]. Note that when canceled after 24 hours from the time of payment, refund will take place after deducting a fee consisting of $3. For MEET&GREET products, you can request for cancellation only 30 minutes before the live broadcast.
Notwithstanding the foregoing, cancellation of an order for signed CD products, to be effective, must be done before the sales period closes whereas cancellation of an order for MEET&GREET products, to be effective, must be received no later than 30 minutes prior to the livestream of the fan meeting and must be made by message through ‘Contact Us’ menu on the Site. Upon your effective cancellation request, THE COMPANY shall process the cancellation request and refund the corresponding amounts you paid to THE COMPANY, as furtherdescribed below in the “Refund” section.Notwithstanding the foregoing, cancellation of an order for signed CD products, to be effective, must be done before the sales period closes whereas cancellation of an order for MEET&GREET products, to be effective, must be received no later than 30 minutes prior to the livestream of the fan meeting and must be made by message through ‘Contact Us’ menu on the Site. Upon your effective cancellation request, THE COMPANY shall process the cancellation request and refund the corresponding amounts you paid to THE COMPANY, as furtherdescribed below in the “Refund” section.
Shipment and Delivery
After all sales for signed CD and MEET&GREET products are completed, the process for shipping will go as follows,
THE COMPANY will post such related schedules and other information (if applicable) on the website, and you acknowledge that such posting constitutes effective notice to you. Without prejudice to the foregoing, THE COMPANY will be entitled to send email notification to you about the progress or status of your purchase, subject to your provision of email information and consent to use thereof for such purposes.
THE COMPANY will inform you of the shipment method and the expected date of delivery. You acknowledge and agree that, depending on the international service, the delivery can take approximately 4 to 6 weeks. (Please note that countries like China and Brazil are designated countries with a delayed delivery processes.)
THE COMPANY will utilize the international shipping service of the post office of each country, where to the extent practicable. If you chose a shipping method with a tracking option, THE COMPANY will provide to you the tracking number.
If you want to make any change to your address, you must contact THE COMPANY through ‘Contact Us’ menu on the Site before the goods are shipped.
You shall be responsible for all customs duties or taxes that may apply to the address you set for delivery when using the international shipping service.
If THE COMPANY is unable to ship the product you purchased for any reason, THE COMPANY shall notify you of such reason and take all commercially reasonable actions to process a refund.
With respect to refunds in the event of a cancellation: In the event that THE COMPANY’s cancellation procedure is completed within sixty (60) days of the payment request, THE COMPANY shall refund the amount paid in the form payment was received, or in the case of credit card, the credit card charge will be reversed. In the event that THE COMPANY’s cancellation procedure is completed after sixty (60) days of the payment request, THE COMPANY shall refund the amount paid, at THE COMPANY’s election, by either: (1) remitting the amount through PayPal or (2) issuing Credits. You acknowledge and agree that the remittance of payment through PayPal may not be effective to your country and agree in such case to accept as a full refund the corresponding amount in Credits.
Return and Exchanges
Product(s) sold by THE COMPANY can be canceled and refunded according to the Terms. However, returns and exchanges cannot be made for the following circumstances:
※ For the avoidance of any doubt, in the case of artist-signed CD (which is specially ordered, custom made item in its nature), please note that refund or exchange is not possible after shipment by THE COMPANY as (1) it is difficult to resell such CD because the artist has to remove the original plastic packaging of the product to sign on it and (2) the value of artist-signed CD may be significantly deteriorated due to the fast-paced market environment after long period of time required for international shipping.
If you would like to return the good(s), you must send a message to My Account - Help Desk with the following information: order number and pictures of the product(s) in your possession. When returning the good(s), you will be responsible for payment for shipping and provide THE COMPANY with the valid shipping information of items for return. Upon such return, THE COMPANY has full discretion in deciding to process a refund and, if it so chooses, will process the refund only if the goods are without any defect.
Items from Occasional Events
Mwave Shop may offer goods on the sale page of its website from occasional events related to THE COMPANY’s business. The terms, conditions, and policies relating to such goods will differ from time to time and will be posted on the page of each event. In the event of any conflict between these terms of service and the terms, conditions, and policies relating to goods from occasional events, the latter will prevail.
By purchasing goods or services of THE COMPANY provided on or through the Site, you consent to receiving electronic communications from THE COMPANY. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your purchase. These electronic communications are part of your relationship with THE COMPANY.
You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
|Personal Information Items||Purposes of Collection and Use||Retention and Usage Period|
|Name||Process of purchase order and delivery of goods||Until purposes of collection and use are achieved, whereupon each item being immediately destroyed|
|Notification about progress and status of purchase order|
|* Users may refuse to provide or allow use of the said personal information items, but in such instance, process of purchase order and delivery of goods may not be completed.|
Certain Materials that are not Submissions (as defined in "Submissions" below) may be provided by third-party licensors and suppliers to THE COMPANY (“Third-Party Content”) where separate and additional terms govern the use of that Third-Party Content. In such an event, you will be provided with a link to those separate and additional terms.
Links to Third-Party Sites.
THE COMPANY is providing links to the Third-Party Sites to you as a convenience, and THE COMPANY does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply THE COMPANY's endorsement or recommendation.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require THE COMPANY to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. THE COMPANY reserves the right to (a) terminate your access to the Site and your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that THE COMPANY determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. THE COMPANY may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at THE COMPANY’s discretion, THE COMPANY will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold THE COMPANY and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) THE COMPANY or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your social media accounts (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
CJ ENM Co., Ltd. Logo is a trademark of THE COMPANY registered in the Republic of Korea. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CJ ENM Co., Ltd. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement.
THE COMPANY respects the intellectual property rights of others, and we ask you to do the same. THE COMPANY may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide THE COMPANY’s designated agent the following information:
THE COMPANY’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attn: Head of International Legal Affairs. Please also note that for copyright infringements, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to THE COMPANY designated agent that includes all of the following information:
Submitting a DMCA Counter-Notification
THE COMPANY reserves the right, in its sole discretion, to terminate access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer of Warranties.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by THE COMPANY, and they may include inaccuracies or typographical or other errors. THE COMPANY does not warrant the accuracy of timeliness of the Materials contained on this Site. THE COMPANY has no liability for any errors or omissions in the Materials, whether provided by THE COMPANY, our licensors or suppliers or other users.
THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
THE COMPANY controls and operates this Site from its headquarters in the Republic of Korea and the Materials may not be appropriate or available for use in other locations. You are responsible for following all applicable local laws in connection with your use of the Site.
If you send or transmit any communications, comments, questions, suggestions, or related materials to THE COMPANY, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and THE COMPANY is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that THE COMPANY is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting THE COMPANY through ‘Contact Us’ menu on the Site. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and THE COMPANY. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and THE COMPANY shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “THE COMPANY” means THE COMPANY and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and THE COMPANY regarding any aspect of your relationship with THE COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as THE COMPANY’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give THE COMPANY an opportunity to resolve the Dispute. You must commence this process by mailing written notification to THE COMPANY, Attn: Head of International Legal Affairs, CJ ENM Co., Ltd., 66, Sangamsan-ro, Mapo-gu, 03926, Republic of Korea.
That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If THE COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or THE COMPANY may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to THE COMPANY, Attn: Head of International Legal Affairs, CJ ENM Co., Ltd., 66, Sangamsan-ro, Mapo-gu, 03926, Republic of Korea.
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with THE COMPANY through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with THE COMPANY. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or THE COMPANY may initiate arbitration proceedings. Korean Commercial Arbitration Board will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator in accordance with the said rules. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties.
Location of Arbitration – You or THE COMPANY may only initiate arbitration in the principal place of business of THE COMPANY.
Payment of Arbitration Fees and Costs – The claimant shall pay all arbitration filing fees and arbitrator’s costs and expenses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with THE COMPANY as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and THE COMPANY specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of service by THE COMPANY or its affiliates with you. Notwithstanding any provision in this Agreement to the contrary, we agree that if THE COMPANY makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require THE COMPANY to adhere to the language in this Provision if a dispute between us arises.
THE COMPANY prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by THE COMPANY, may result in immediate termination of your access to this Site without prior notice to you.
If you are residing in Korea, the Terms will be governed by laws of the Republic of Korea. If your place of residence is unavailable or is outside of Korea, the Terms will be governed by laws of the Republic of Korea only to the extent not prohibited by any local laws of the country or the state where you are residing. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any lawsuit filed in connection with a dispute arising from these Terms shall be subject to a jurisdiction of a district court of your place of residence. However, if your place of residence is unavailable or is outside of Korea, any lawsuit filed in connection with a dispute arising from these Terms shall be subject to a competent jurisdiction to be considered on a case-by-case basis depending on the circumstances, including laws of the Republic of Korea and the country or the state where you are residing, as the case may be. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
THE COMPANY’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and THE COMPANY and supersede all prior or contemporaneous negotiations, discussions or agreements between you and THE COMPANY about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact THE COMPANY for any reason,
you can reach us at Mwave Team, CJ ENM Co., Ltd., 66, Sangamsan-ro, Mapo-gu, 03926, Republic of Korea.