Terms of service

Terms of Service

Effective Date: December 1, 2022

These terms of service (“Terms”) apply to any user (“User” or “You”) using the current and future versions of the video communication service (“Langclub”) owned and provided by Langclub (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. BY ACCESSING AND USING Langclub, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN, THE AMENDED TERMS PURSUANT TO THE TERMS, AND THE USER GUIDELINES ESTABLISHED PERSUANT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF Langclub.

The Supplementary Terms, which can be found at the end of the Terms**,** may apply in addition to the Terms respectively to Users having residence in certain countries.

CHAPTER 1. General Provisions

1. Purpose

The purpose of these Terms is to set forth the respective rights, obligations and responsibilities of the Company and You with regard to Your use of Langclub on Your personal computer or mobile device (collectively, “Device”), by accessing the service website provided by the Company. Please note that these Terms govern the legal relationship between You and the Company.

2. Change to These Terms

The Company reserves the right to modify these Terms from time to time as it deems necessary, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of Langclub after the effective date of a change to these Terms will constitute Your acceptance of the change. If a refund with regard to such a change is required by applicable law, You will be entitled to the refund accordingly. However, changes that benefit Users or changes due to legal reasons may become effective immediately.

3. Additional Terms

Any matters that are not stipulated in these Terms shall be governed by the relevant laws and regulations, the Company’s Terms of Service of individual services, and the operation policies and rules set forth by the Company.

4. Notification and Communication to Users

  1. When the Company contacts the Users in relation to Langclub, it will do so by posting on an appropriate space on the Company’s website, by using the information supplied by the Users, or by any other method that the Company reasonably believes to be appropriate.
  2. If there is any change to the information that a User entered when registering for service membership, the User must modify such information or notify the Company of the same, and the Company shall not be liable for any disadvantages or issues resulting from the User’s failure to do so.

CHAPTER 2. Ownership and Relevant Licenses Regarding Langclub

1. Ownership of Langclub

  1. Unless otherwise stipulated, “Langclub contents” means text, graphic, image, illustration, design, icon, photo, randomly recorded videos without notice and other related phrases provided to Users in Langclub. Unless stipulated otherwise by law or contract, all exclusive and proprietary ownership rights in Langclub, service website, these Terms, Privacy Policy, User Guidelines and any related documentation and information, Langclub contents (collectively, the “Company Assets”), and the selection and arrangement of Langclub contents belong solely to the Company.
  2. The Company Assets and the selection and arrangement of Langclub contents are protected by copyright laws and other relevant laws, including international intellectual property laws and treaties. The Company Assets include trade secrets and exclusive information that are confidential and proprietary to the Company, and You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and exclusive information.
  3. Any new releases, modifications, and enhancements to the Company Assets and the selection and arrangement of Langclub contents belong solely to the Company and (if applicable) its licensors. There is no implied license, right, or interest granted to You with regard to the provision of the Company Assets, and the Company hereby expressly reserves all rights in the Company Assets, and any contents thereof, which are not expressly granted to You hereunder.

2. Content License

In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively , “Content”) on Langclub, You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. Accordingly, You agree that any Content you provide may be viewed by other Users visiting or using Langclub. You can delete Content individually or all at once by deleting your account. In addition, so that the Company can prevent the use of your Content outside of Langclub, You authorize the Company to act on your behalf with respect to infringing uses of your Content taken from Langclub by other Users or third parties. Our license to your Content is subject to your rights under applicable law (e.g., laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving Langclub and researching and developing new services of the Company.

3. Restrictions

  1. You shall not use the Company Assets for any commercial purposes.
  2. You shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Company Assets.
  3. You shall not sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the Company Assets to any third party, and any attempt by You to take such action shall be void.
  4. You shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying User interface techniques, or algorithms of the Company Assets, in particular Langclub by any means whatsoever.
  5. You shall not remove, obscure, or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Company Assets, or any contents thereof.
  6. You shall not destroy, disable or circumvent any copyright protection or other digital rights management mechanism put in place for the protection of the copyrights and other intellectual property rights of the Company Assets.

CHAPTER 3. Execution of Service Use Agreement

1. Execution of Service Use Agreement

  1. The service use agreement between You and the Company is concluded when You register for service membership in accordance with the procedures set by the Company prior to using Langclub and the Company accepts Your registration.
  2. In registering for service membership, You must enter only true and accurate information. You will be responsible for any disadvantages and/or legal liability resulting from Your entering of false information.
  3. The Company will accept Your registration for service membership pursuant to Paragraph (a) without delay, but may not accept Your registration in any of the following cases. If any of the following cases are found to be true after the Company’s acceptance of Your registration of service membership, the Company may immediately take appropriate restrictive measures, such as suspending Your service account or deleting Your Content and personal information. The Company will notify You without delay of such restrictive measures and the reasons therefor, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to a User, a third party, or the Company (e.g., if it impairs the security of Langclub):
  4. Your service membership was created using a false or another person’s name;
  5. You entered false information or omitted information requested by the Company;
  6. You are under the age of 16; or
  7. Other instances in violation of relevant laws, regulations or standards set by the Company

2. Eligibility

  1. Langclub may not be used in any jurisdiction where such a type of services is prohibited.
  2. Langclub is intended solely for Users who are seventeen (16) years of age or older. Any attempt to access or use Langclub by anyone under the age of seventeen (16) is strictly prohibited and shall be considered a material violation of these Terms.
  3. You hereby affirm that You fully understand these Terms and are able and competent to comply with these Terms. You may only use Langclub if You are deemed capable of understanding and complying with these Terms.

CHAPTER 4. Rights and Obligations of Parties

1. Obligations

You must use Langclub in compliance with these Terms, the amended terms pursuant to these Terms, Community Guidelines, and any of the applicable user guidelines established under these Term. Please stop using Langclub immediately if You do not agree to these Terms or the User guidelines.

2. Prohibited Acts

You shall not engage in any illegal or inappropriate activities with respect to the Company Assets, including the following acts, and in the event You commit or attempt to commit such acts, You may be subject to civil and/or criminal charges in accordance with relevant laws and regulations in addition to suspension or termination of the relevant Langclub account.

  1. You shall not use the Company Assets for any illegal purpose or any purpose not explicitly authorized herein.
  2. You shall not engage in any acts that cause impairments to Langclub by damaging, disabling or overburdening the Company Assets.
  3. You shall not transmit worms, viruses, or any code of a destructive nature using the Company Assets.
  4. in using Langclub, You shall not commit any of the following acts nor any acts that amount to any of the following acts that the Company may reasonably deem to be inappropriate in light of the purpose, etc. of providing Langclub:
  5. Violation of laws and regulations, rulings, decisions and orders of the court, and/or administrative measures that are legally binding;
  6. Acts that undermine, or are likely to undermine, public order or moral customs;
  7. Infringement of intellectual property rights (e.g., copyrights, trademarks, patents, design rights, etc.), moral rights, proprietary rights, rights of reputation, privacy rights, any other statutory or contractual rights, if applicable, of the Company and/or third parties;
  8. Transmission or posting of excessively violent expressions, explicit sexual expressions, discriminatory expressions concerning race, nationality, belief, gender, social status, etc., expressions that entice or promote suicide, self-harm, drug abuse, and other expressions that contain anti-social content and are offensive to others;
  9. Impersonation of the Company and/or third party, or intentionally disseminating false information
  10. Account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment;
  11. Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users and other acts that the Company has determined as spam;
  12. Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by the Company), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming, harassing or insulting other Users, or using Langclub for any purpose other than those prescribed herein;
  13. Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.;
  14. Using Langclub for purposes of financial crimes;
  15. Encouraging other Users to participate in religious activities or join religious organizations;
  16. Acts that interfere with the server and network system of Langclub, acts of illegally manipulating Langclub by using BOT, cheating tools, or other technical means, acts of intentionally using Langclub’s system failures, acts of making unfair inquiries or requests to the Company (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder the Company’s operation of or other Users’ use of Langclub;
  17. Generating data through recording, screen capturing, photographing, etc., in the course of using Langclub, or leaking such generated data to a third party or distributing it through a third party; or
  18. Aiding or encouraging any of the acts falling under any of ix. through xi. above.
  19. You shall not alter another website so as to falsely imply that it is affiliated with the Company and/or the Company Assets.
  20. You shall not use the Company Assets or falsely imply that You are affiliated with the Company and/or the Company Assets for any commercial purpose.
  21. You shall not use or access any of Langclub by any means other than through the interface provided by Langclub.
  22. You shall not exchange the right to use Langclub for cash, property or other economic benefits other than as permitted by the Company.
  23. You shall not commit or engage in any acts that are in violation of these Terms, etc.

3. Prevention of Unauthorized Use

The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of Langclub, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier.

4. Protection of Personal Information

The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy at HERE.

5. Feedback

Any comments, suggestions, or feedback relating to Langclub (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to Langclub (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.

6. Assignment

You are not allowed to assign any rights or obligations hereunder as your account is strictly personal to You. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party.

CHAPTER 5. Use of Services

1. Content of Service

  1. General Provisions

  2. You use Langclub under Your own responsibility and shall be fully responsible for all acts and consequences thereof arising within Langclub. When You register a password for the use of Langclub, You must strictly manage it under Your own responsibility in order to prevent misuse. The Company may regard any and all acts made using Your registered password as Your own.

  3. The Company may change all or parts of Langclub at any time if it deems it necessary to improve the performance or security of Langclub, to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of Langclub’s system. In such case, in principle, a prior notice shall be given to the Users regarding any material changes or suspensions that adversely affect the Users as and when reasonably practicable. However, if prior notice is not reasonably possible, if measures are needed to improve the security or compatibility of Langclub, or if it is necessary for the prevention of abusive acts or compliance with legal requirements and so on, such notice may be given after. If the Company cannot disclose the reasons or contents of any change, etc. in detail, the Company will explain the reason thereof.

  4. The Company may provide customized services and advertisements to Users by using User information such as service use records. This means that advertisements may be included as part of Langclub provided by the Company. You may sometimes have to view unwanted advertisements using Langclub. Such advertisements contribute to the Company’s ability to provide You with Langclub free of charge by default and furthermore serves as a foundation for the Company to invest in research and development in order to better serve Users. Meanwhile, in order to provide better service, the Company may display on Langclub or directly send to the Users’ e-mail addresses various information, including notices in relation to the use of Langclub, administrative messages. The Company may also display advertisements and other promotional messages on Langclub or directly send such messages to the Users’ e-mail addresses, if applicable.

  5. The Company employs its utmost efforts to provide the best service to the Users. However, Langclub may be temporarily suspended due to maintenance of facilities, regular and/or irregular inspection for repair, or other substantial reasons; in such case, the suspension will be notified in advance on the Langclub service screen, unless there are urgent circumstances such as compliance with legal requirements or maintenance of service security, etc.

  6. The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through Langclub, including Your video chat screen.

  7. User Tier Status

Depending on the regions, we may provide different services based on the tier status of Users in accordance with our tier status operation policies. In such a case, the User tier status will be granted by the standards set by the Company. The Company may make a distinction in contents of the service between different User tiers, and the Company can change such contents of service due to our circumstances at our discretion. Detailed information of such service will be posted separately in accordance with the notification stipulated in these Terms.

  1. Affiliated Partner Services

Langclub may include services and/or content provided by third-party service providers affiliated with the Company. The responsibility for such services and/or content lies with the third-party service providers. In addition, the service terms and conditions of the third-party service providers may apply to such services and/or content. As such, please refer to the service terms and conditions and privacy policy of the applicable third-party service providers as necessary.

  1. Advertising

The Company may place advertisements of the Company and/or third parties within Langclub.

  1. Definition
  2. ‘Ticket’ : Ticket is an electronic ticket that can be used to participate in Langclub. The units, payment methods, and other conditions for conferring Tickets are determined by the Company and posted on Langclub.
  3. ‘Free Ticket’ : All Users are granted Free Tickets every 24 hours. One Free Ticket is deducted to participate in one Langclub “Session”.
  4. ‘Premium Membership’ : Users who possess “Premium Membership”(“Premium Member”, afterwards) are able to participate in Sessions whenever they are willing to do, without any limitations. Therefore, Tickets possessed by Premium Member are not deducted. If You purchase Premium Membership, You may retain the Membership until the date shown on the Langclub website. Other privileges Premium Members may have are listed on the Langclub website.

2. Fee-Based Services

Subscription Services

  1. Payment Terms

Your subscription begins as soon as your initial payment is processed. You authorize us to store your payment method(s). Depending on the region where the member is located, the prices displayed may include sales tax, goods, and services tax or VAT; or tax may be added at checkout. We may apply some adjustments to your membership’s rate each renewal term in order to reflect the rapid exchange rate fluctuations, and we will notify you of any rate change with the option to cancel. If the applicable VAT and GST rate (or other included tax or duty) changes during your term, we will accordingly adjust the tax-inclusive price for your membership on your next billing date. If your primary payment method fails, we may suspend your subscription. You can edit your payment information anytime in your My Page. For European Economic Area customers, your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number, or biometric recognition.  The price currency is displayed in USD. Langclub does not show prices in other currencies. The payment transactions will be processed in USD.


Cancellation and Refund Terms

You can cancel your subscription anytime via your My Page or by contacting Langclub Team by our official email. The refund decision shall be made until the end of the subscription. 


If you cancel your premium membership early, you will receive a prorated refund for the remaining period. Considering that the premium membership is for 30/90/180 days, we will divide the membership price by 30/90/180 days and refund you for the remaining period.


No refunds will be provided for memberships offered free of charge and for memberships of a deleted account. In principle, refunds are made to the method of payment, but refunds may be made by other means depending on the situation. The refund amount will be paid in the same currency as the initial payment. If currency conversion is required upon refund, the exchange rate at the time of the refund will be used, not the exchange rate at the time of payment. During a refund, fees for payment methods such as bank, credit card company, PayPal, etc. may be deducted and refunded. If you have any concerns or questions, please contact us through Contact Us page.


Period of use, exchange, and transfer of Products

Period of use

Tickets can be used for the duration shown on the Langclub webpage from the date of purchase, and will expire after the duration shown on the Langclub webpage from the date of purchase. However, the period during which a User can use Tickets acquired by a method other than purchase is subject to conditions provided by the Company.


Exchange of Products

Tickets as flat-rate service cannot be exchanged for cash, property, and economic benefits other than services or content designated by the Company. Terms of use required for service or content exchange are determined by the Company and posted on Langclub.


Transfer of Products

A Product can only be used on the account where it was purchased and cannot be transferred to another account by any method other as recognized by the Company.


Minors

If a User is a minor (Republic of Korea: under nineteen (19) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. In case a minor makes a purchase, the Company presumes that there have been the consent of his/her legal representative. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be canceled even if it was made without the consent of the legal representative.

CHAPTER 6. Third Parties Relating to Service Use

1. Authority to Use Bandwidth and Device

  1. If Your use of Langclub is dependent upon the use of bandwidth owned or controlled by a third party, You acknowledge and agree that You must obtain consent from the relevant third party for such use and that the Company will not be liable in any way with regard to the foregoing.
  2. You must own or have the legal right to control the use of the Device to which You are accessing the website that provides Langclub.

2. Use of Third-Party Software

These Terms also apply to Your use of any third-party software or technology that is incorporated in Langclub.

3. No Access to Emergency Communication Services

Langclub does not constitute common telecom service as classified under relevant laws. Therefore, due to physical limitations, the Company does not support or carry emergency call services to any type of medical institutions, law enforcement agencies, etc. for the Users. Please note that Langclub is not a replacement for Your primary telephone service.

4. Third-Party Fees

If You use Your native SMS application to deliver messages or invitations to people who are not registered Users of Langclub and with whom You choose to communicate, the third party providing such SMS services may charge You additional fees for such use.

5. Third-Party Sties, Products, and Services

Langclub may include links or references to other websites and/or services provided by third parties (collectively, “Reference Sites”) solely for the convenience of the Users. The Company is not liable for any representations and/or warranties regarding any such Reference Sites, and ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage You to read the terms and conditions and privacy policy of any Reference Sites that You visit. In addition, Your correspondence or business dealings with advertisers found on or through Reference Sites are solely between You and such advertiser.

CHAPTER 7. Termination of Service and Restrictions of Use

1. Termination of Service by You

If You wish to delete Your account, You may do so through contacting us via e-mail(jonah@langclub.live). IF YOU HAVE SUBSCRIBED TO ANY SUBSCRIPTION SERVICES, YOU MUST TERMINATE YOUR SUBSCRIPTION SERVICES BEFORE DELETING YOUR ACCOUNT. Any and all liability that occur as a result of Your failure to do so will be Your sole responsibility.

2. Termination of Service by the Company

  1. If the Company determines that any of the following has occurred, or that there is sufficient probability that it may occur, the Company may limit Your use of Langclub and/or suspend Your account temporarily or permanently. Unless applicable laws stipulate otherwise, the Company shall not be liable with regard to such limitation and termination of service:

  2. If You commit any of the Prohibited Acts under Section 2, Chapter 4;

  3. If any purchase of Products has been cancelled pursuant to Article 4, Section 2, Chapter 5;

  4. If any investigation related to the use of Langclub is commenced against You; or

  5. If the Company reasonably deems that You have otherwise committed an act that is immoral in light of social norm

  6. If you refuse to turn on your camera during a session, thus refusing to fully participate and causing discomfort for other participants.

  7. The Company will notify You without delay of the reasons for any such suspension or termination of service provision, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Langclub).

  8. The Company may delete Your account information after prior notice to You, which may result in termination of the Service Use Agreement in relation to Langclub, if You have not logged on or accessed Langclub for a period that is specified under relevant laws and regulations, these Terms, or the Company’s separate operation policies related to Langclub. However, if the Company is unable to notify You (e.g., You did not provide a valid e-mail address to the Company at the time of registration for service membership), Your account may be deleted without notice.

CHAPTER 8. Indemnification and Warranty Disclaimers

1. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF Langclub AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR USE OF Langclub AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO Langclub. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.

2. WARRANTY DISCLAIMERS

  1. Langclub is provided to You "AS IS" and "AS AVAILABLE" with no warranties. The Company hereby disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
  2. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF Langclub, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any issues by uninstalling the Langclub from Your Device and ceasing Your use of the same.
  3. THE COMPANY DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT Langclub WILL BE WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not liable in any way to remove or correct any such defects and provide Langclub to You.
  4. THE COMPANY DOES NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH Langclub WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

3. LIMITATION OF LIABILITY

  1. EXCEPT FOR DIRECT DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF Langclub. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the Company is liable for damages regarding the purchase of Products by You, such as when the Product is purchased due to the leakage of Your personal information resulting from the Company’s intentional misconduct or gross negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.
  2. ABSENT THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal damages arising from Your access to and/or use of Langclub; (ii) damages caused by a third party’s illegal access and/or use of the Company’s server; (iii) damages caused by a third party’s interruption of transmission to and from the Company’s server; (iv) damages caused by a third party’s transmission or dissemination of malicious programs; (v) damages caused by omission or destruction of transmitted data; and (vi) defamation.

4. BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 9) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 9) SET FORTH HEREIN.

5. Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

CHAPTER 9. Interpretation of Terms, Governing Law and Dispute Resolution

1. Entire Agreement

These Terms represents the complete agreement concerning the matters covered between the Company and You. If any provision of these Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

2. Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

3. Injunctive Relief, etc.

You acknowledge that the obligations made hereunder to the Company are of a unique and irreplaceable nature. Your violation of such obligations may cause irreparable harm to the Company, which may not be replaced by monetary damages alone, and thus, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You.

4. Interpretation

These Terms are drafted originally in English. If there are any discrepancies between the English and other versions of these Terms, the interpretation under the English version shall prevail.

5. Governing Law and Jurisdiction

In principle, these Terms are governed by the laws of the Republic of Korea, and You consent and agree to the exclusive jurisdiction of the Seoul Central District Court with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply. Additional Information: To receive information or technical support for Langclub, please mail to yang@Langclub.com © Real Knowledge Inc. All rights reserved.

SUPPLEMENTARY TERMS

The following additional terms ("Supplementary Terms") may apply respectively to Users having residence in or nationality of certain countries. In the event of any conflict between the Supplementary Terms and the provisions of the main body of the Terms, the Supplementary Terms shall prevail.

1. EUROPEAN ECONOMIC AREA(EEA), UK OR SWITZERLAND SUPPLEMENTAL TERMS AND CONDITIONS

For Users having their habitual residence in European Economic Area (EEA), UK or Switzerland, the following provisions shall apply. The provisions referred to therein (Preamble, Chapter, Section and Article) are those of the Terms. Habitual residence is understood to be the place where the User has his/her centre of life.

  1. Preamble of the Terms of Service

The section in the Terms before Chapter 1 ("Preamble") shall be replaced by the following section:

These terms of service (“Terms”) apply to any Users (“Users” or “You”) using the current and future versions of the video communication service (“Langclub”) owned and provided by Real Knowledge Inc. (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE.

The Supplementary Terms, which can be found at the end of the Terms**,** may apply in addition to the Terms respectively to Users having residence in certain countries.

  1. Chapter 1, Article 2:

The provision in Chapter 1, Article 2 of the Terms shall be replaced by the following provision: The Company reserves the right to change the Terms and the Supplementary Terms from time to time, to the extent that such modification does not violate relevant laws and regulations and in any case only if the changes are reasonable for the User considering the interests of the Company. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of and reasons for the amendments of the Terms. If the User does not object to the amendments of the Terms within six (6) weeks of being notified thereof, the amended Terms shall be deemed to have been accepted by the User. If a refund with regard to such amendments is required by applicable law, You will be entitled to the refund accordingly. The Company will inform the User in the change notification of the User's right to object and the significance of the objection period in the notification. If the User objects, the Company is entitled to delete the Account and the data of the User. The Terms can also be amended by the User's explicit consent to the changes proposed by the Company.

  1. Chapter 2, Article 4:

The provision in Chapter 2, Article 4 of the Terms shall be replaced by the following provision:

In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively, “Content”) on Langclub, You hereby grant the Company and its affiliates a non-exclusive, royalty-free, sub-licensable, worldwide and transferable license regarding such Content. This license covers Your Content if that Content is protected by intellectual property rights. This license is for the limited purpose of providing You with Langclub. For this purpose, the Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or create derivative works in connection with Your Content. In addition, so that the Company can prevent the use of your Content outside of Langclub, You authorize the Company to act on your behalf with respect to infringing uses of your Content taken from Langclub by other Users or third parties. You may terminate this license at any time by removing Your content from Langclub or deleting Your account.

  1. Chapter 4, Article 5:

The provision in Chapter 4, Article 5 of the Terms shall be replaced by the following provision:

You agree that the Company can use any comments, suggestions, or feedback relating to Langclub ("Feedback") submitted by You to the Company exclusive and worldwide for any purpose, without any compensation to You or any other person. The Company will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to Langclub (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.

  1. Chapter 4, Article 6:

In addition to the provision contained in Chapter 4, Article 6 of the Terms, the following provision shall apply: In the event of the contract being transferred to a third party, the Company must notify the User at least four (4) weeks before the date of transfer about the contract transfer. The User has the right to terminate the contract with effect from the date of transfer.

  1. Chapter 5, Section 1, Article 1 (c):

In addition to the provision contained in Chapter 5, Section 1, Article 1 (c) of the Terms, the following shall apply: In particular, You agree that the Company may contact You with latest news and special offers in connection to Langclub by e-mail and/or push notification. If You do not wish to receive such communication, You can disable Your account at any time.

  1. Chapter 5, Section 1, Article 1 (e):

The provision in Chapter 5, Section 1, Article 1 (e) of the Terms shall be replaced by the following provision: The Company monitors Your Content in various ways, including automated and human methods, in order to investigate and detect Content in violation of applicable laws or material breaches of these Terms and/or the User Guidelines, in particular Content that violates rights of the Company, third parties and/or other Users. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through Langclub, including Your video chat screen.

  1. Chapter 5, Section 2, Article 1 (a):

The provision in Chapter 5, Section 2, Article 1 (a) of the Terms under the headline "Changes to Subscriptions Services" shall be replaced by the following provision: ´ The Company reserves the right to change the contents of Subscription Services with reasonable prior notice if the Company deems it necessary to improve the performance or security of Langclub (e.g., a bug, defect, etc.), to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of Langclub’s system and the changes are reasonable for the User considering the interests of the Company. In the event the Company changes the contents of Subscriptions Services, the Company will notify the Users the details of and reasons for the changes. If the User does not object to the changes within six (6) weeks of being notified thereof, the amended contents shall be deemed to have been accepted by the User. The Company will inform the User in the change notification of the User's right to object to the changes of the Subscription Services and the consequences of the objection period. If the User objects, the Company is entitled to terminate the Subscription Services. The contents of Subscription Services can also be amended by the User's explicit consent to the changes.

  1. Chapter 5, Section 2, Article 3:

Deviating from Chapter 5, Section 2, Article 3 of the Terms, the provision that a penalty will be incurred for cancellation if You choose to cancel Your Subscription Services after the subscription period commences, shall NOT apply. In addition to the provision contained in Chapter 5, Section 2, Article 3 of the Terms, the following shall apply: This provision does not affect the mandatory legal provisions that apply in the event that the User exercises the right of revocation.

  1. Chapter 5, Section 2, Article 4:

In deviation from Chapter 5, Section 2, Article 4 of the Terms, a minor within the meaning of the provision is a User under eighteen (18) years of age.

  1. Chapter 8, Article 2:

The provisions contained in Chapter 8, Article 2 of the Terms do not in any case deprive the User of his/her statutory rights.

  1. Chapter 8, Article 3:

The provision in Chapter 8, Article 3 of the Terms shall be replaced by the following provision:

  1. Unless otherwise set out in the Service Use Agreement and the Terms and Supplementary Terms (including this Section), the Company shall be liable for a breach of contractual and non-contractual duties as provided for by statute.
  2. The Company has unlimited liability – for whatever reason – for compensation for losses based on wilful (vorsätzlich) or grossly negligent (grob fahrlässig) breach of duty by the Company or by any of the Company's legal representatives or vicarious agents.
  3. In the event of a merely slightly or ordinarily negligent (einfach oder leicht fahrlässig) breach of duty by the Company or one of the Company's legal representatives or vicarious agents, the Company shall (subject to a milder level of liability pursuant to statute) be liable only

(aa) but without limit – for resultant losses arising from injury to life, limb or health;

(bb) for losses arising from a breach of material contractual duties. Material contractual duties are those duties that are material to proper performance of the contract and on whose fulfilment the customer generally relies or is entitled to rely. In this case, however, the amount of the Company's liability is limited to losses which are typical of this type of contract and which were foreseeable at the time the contract was concluded.

  1. The liability limitations pursuant to (c) do not apply where the Company has maliciously failed to disclose a defect or where we have assumed a warranty for the Services. This shall have no effect on any mandatory statutory liability [For users residing in Germany, in particular under the German Product Liability Act (Produkthaftungsgesetz)].
  2. Where the Company's liability is excluded or limited under the above provisions, this also applies to the personal liability of the Company's directors and officers, legal representatives, employees, staff and other vicarious agents.
  3. Chapter 9, Article 1:

The provision in Chapter 9, Article 1 of the Terms shall be replaced by the following provision: The Terms and the Supplementary represent the complete agreement concerning the matters covered between the Company and You. If any term or provision of the Terms and the Supplementary Terms is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

  1. Chapter 9, Article 4:

The provision in Chapter 9, Article 4 of the Terms shall not apply.

  1. Chapter 9, Article 5:

The provision in Chapter 9, Article 5 of the Terms shall be replaced by the following provision:

Governing Law and Dispute Resolution

The Terms of Service and the Supplementary Terms, the individual contracts concluded on the basis thereof and their interpretation are subject to the law of applicable jurisdiction.

The European Commission maintains an Online Dispute Resolution (OS) platform with further information which is accessible here: http://ec.europa.eu/consumers/odr/. The participation in the aforementioned Online Dispute Resolution platform is voluntary. The Company does not participate in the mentioned online dispute resolution procedure. Furthermore, the Company is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

  1. Right of Revocation

The following instructions of withdrawal shall apply to the purchase of Products, as defined in the Terms, by the User within Langclub, if the User is a consumer. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to his commercial or professional activity.

WITHDRAWAL INSTRUCTIONS

(a) Right of withdrawal

To exercise the right of withdrawal, you must inform Us.

Langclub

Address: WeWork,105 5th floor, 8, Seojeon-ro, Busanjin-gu, Busan, Republic of Korea

E-Mail: jonah@langclub.live

of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post or e-mail). You may use the model withdraw form under (c), but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired

(b) Effects of withdrawal

If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of such reimbursement.

The right of withdrawal shall expire prematurely in case of a contract for the supply of digital contents in non-physical medium if we have started the execution of the contract, after you

(i) have expressly agreed that we shall begin with the execution of the contract before the withdrawal period ends, and

(ii) have confirmed the knowledge of losing Your right of withdrawal by consenting the start of the execution of the contract.

(c) Sample form for withdrawal

(If you want to cancel the contract, please fill out this form and send it back.)

To

Langclub

Address: WeWork,105 5th floor, 8, Seojeon-ro, Busanjin-gu, Busan, Republic of Korea

E-Mail: jonah@langclub.live

Hereby I/we () cancel the from me/us () concluded contract for the purchase of the following products ()/performance of the following services ()

Ordered at ()/received at ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only with message on paper)

Date

() Delete as applicable.*

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