Last updated on June 1, 2020

TERMS AND CONDITIONS OF capitalconnect.kr AGREEMENT

capitalconnect.kr is an internet-based online information and intelligence service provided by Asia Times (Hong Kong) Limited (as defined in Clause 1 of this capitalconnect.kr Agreement). Please read the terms and conditions of this capitalconnect.kr Agreement (as defined in Clause 1 of this capitalconnect.kr Agreement) carefully before accessing and/or using the capitalconnect.kr Service (as defined in Clause 1 of this capitalconnect.kr Agreement). These terms and conditions are only available in the English language. By accessing, continuing to access to, using and/or continuing to use the capitalconnect.kr Service irrespective of the delivery platform or device you use to access it, you agree to abide by the terms and conditions of this capitalconnect.kr Agreement. If you do not agree with the terms and conditions of this capitalconnect.kr Agreement, you should not access or use any of the capitalconnect.kr Service.

1. DEFINITIONS

The following definitions should apply in this capitalconnect.kr Agreement unless otherwise stated.
“Computer” means your computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or other electronic device now known or later developed used to access and/or use the capitalconnect.kr Service.
“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, charts, maps, messages, blogs, ideas, comments, suggestions and/or other content.
“Discussion Forum” means the online discussion forum(s) and blog(s) on the capitalconnect.kr Website.
“Capital Connect Content” means all contents that Capital Connect makes available or presents on the capitalconnect.kr Service.
“capitalconnect.kr Agreement” means this capitalconnect.kr online service agreement setting out the terms and conditions of a legally binding agreement between you and Capital Connect and governing your access to, continuance of access to, use of and/or continuance of use of the capitalconnect.kr Service.
“capitalconnect.kr Service” means online information and intelligence service which is available for viewing or otherwise by accessing the contents on the capitalconnect.kr Website and/or through its mobile websites, applications, newsletters and/or other news aggregators and/or for access to and use of the Discussion Forum, where applicable, subject to the terms and conditions of this capitalconnect.kr Agreement.
“capitalconnect.kr Website” means the Capital Connect website at www.capitalconnect.kr.
“Third Party Content” means products and services of third parties which are and/or have been advertised or presented on the capitalconnect.kr Service.
“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the capitalconnect.kr Service.
“Your Content” means all the contents that you have made available or presented on the capitalconnect.kr Service.

2. USAGE

2.1 Anyone is entitled to use for free the capitalconnect.kr Service subject to the terms and conditions of this capitalconnect.kr Agreement.

2.2 By accessing to, continuing to access to, using and/or continuing to use the capitalconnect.kr Service, you agree to be bound by all the terms and conditions of this capitalconnect.kr Agreement throughout the access to and/or use of the same.

2.3 Capital Connect reserves the right to modify any terms and conditions of this capitalconnect.kr Agreement and/or any features of the capitalconnect.kr Service from time to time. Such modification shall be effective and replace any previous terms and conditions of this capitalconnect.kr Agreement and/or any previous features of the capitalconnect.kr Service immediately upon posting of the modified capitalconnect.kr Agreement and/or features of the capitalconnect.kr Service without notifying you.

2.4 Capital Connect reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the capitalconnect.kr Service and/or the capitalconnect.kr Website from time to time. Capital Connect further reserves the right to discontinue all or part of the capitalconnect.kr Service from time to time without notifying you.

2.5 You agree to review this capitalconnect.kr Agreement periodically to ensure that you are aware of any modifications. Your continued access to and/or use of the capitalconnect.kr Service shall be deemed your conclusive acceptance of the modified capitalconnect.kr Agreement.

2.6 Capital Connect may also impose limits on certain features and services in respect of the capitalconnect.kr Service.

2.7 You represent that you have read and agree to be bound by Capital Connect’s Privacy Policy at

www.capitalconnect.kr/privacy-policy.

3. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

3.1 Your Content

3.1.1 You retain the intellectual property rights that you may or should have in Your Content.

3.1.2 By posting Your Content on the capitalconnect.kr Service, you automatically grant Capital Connect a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and sub-licensable right and licence to: (i) use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or` in part), its edited, adapted, translated versions and/or such derivative works; and/or (ii) incorporate the same in other works in any forms, media or technologies now known or later developed.

3.1.3 In respect of the right and licence as referred to in Clause 3.1.2 of this capitalconnect.kr Agreement, you represent and warrant that:

(a) you are the sole owner of Your Content and have the full legal right and authority to grant such right and licence;

(b) all of Your Content are your original works and creations and shall not infringe the intellectual property and/or related rights of any third parties including copyrights, trademarks or other personal or proprietary rights or contravene or violate any applicable laws or regulations; and

(c) all of your Content will not contain libelous, defamatory or otherwise unlawful material.

3.2 Capital Connect Content

3.2.1 All intellectual property rights in the Capital Connect Content, including but not limited to the copyright in the compilation of all Content on the capitalconnect.kr Service, shall remain with Capital Connect.

3.2.2 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Capital Connect Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Capital Connect Content available on the capitalconnect.kr Service unless otherwise permitted in advance by Capital Connect in writing.

3.2.3 You shall not assist or facilitate any third party to make use of any Capital Connect Content in any manner that constitutes any infringement of Capital Connect’s intellectual property and/or related rights, including but not limited to “framing”, downloading or establishing unauthorized link(s) to any part of the Content on your or any third party’s website(s) or platform(s).

3.2.4 The domain name(s) on which the capitalconnect.kr Service is/are hosted is/are the sole property of Capital Connect. You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.

3.2.5 The trademarks, logos, service marks and other marks of Capital Connect (“Capital Connect Marks”) displayed on the capitalconnect.kr Service are the sole property of Capital Connect. You are not permitted to use any Capital Connect Marks without the prior written approval of Capital Connect.

3.3 Third Party Content

3.3.1 The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).

3.3.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).

3.3.3 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on the capitalconnect.kr Service unless otherwise permitted in advance by such relevant third party(ies) in writing.

4. ONLINE DISCUSSION FORUM

4.1 Registration

4.1.1 Requirement for Registration

(a) You have to be at least 18 years old to participate in the Discussion Forum.

(b) You must register as a member before you can use the Discussion Forum.

4.1.2 Registration Information and Password

As part of the registration process, you will select a password and a username. You also have to give Capital Connect certain registration information, all of which must be true, accurate and updated. You must not (i) select or use a username of another person with the intent to impersonate that person; (ii) allow any third party to use your username and/or password or otherwise use your Discussion Forum account (“Discussion Forum Account”); or (iii) use a username that Capital Connect, at its sole discretion, deems offensive.

Failure to comply with the foregoing shall constitute a breach of this capitalconnect.kr Agreement, which may result in immediate termination of your Discussion Forum Account.

You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Capital Connect. You shall immediately notify Capital Connect of any changes of address or any other particulars provided to Capital Connect which may affect the use of the Discussion Forum Account or any part thereof. On Capital Connect’s request, you shall provide Capital Connect with information relating to you and your use of the Discussion Forum Account reasonably required by Capital Connect: (a) to assist Capital Connect in complying with Capital Connect’s obligations under any applicable laws; (b) to report to any governmental authorities or agencies and/or regulatory authorities regarding compliance with those obligations; and (c) to assess whether or not you have complied, is complying and will be able to continue to comply with all of your obligations under this capitalconnect.kr Agreement.

You represent and warrant that your personal data and other information provided to Capital Connect for registration of and use of the Discussion Forum Account purpose are true, accurate and updated. By registering for accessing to, continuing to access to, using and/or continuing to use the Discussion Forum Account, you agree to be bound by all the terms and conditions of this capitalconnect.kr Agreement throughout the registration process of, access to and use of the same. Acceptance of your registration of the Discussion Forum Account is at the sole discretion of and subject to confirmation by Capital Connect. In this regard, Capital Connect has the sole and full discretion and its determination shall be final.

4.1.3 Reasons for Registration Requirement

Your registration is a pre-requisite for using the Discussion Forum. This is to ensure that you are a “real” person and that you agree to all the terms and conditions of this capitalconnect.kr Agreement. Such registration requirement is also intended to ensure that you take responsibility for your comments and suggestions.

4.1.4 Suspension or Termination of the Discussion Forum Account

Capital Connect reserves the right to either suspend or terminate your Discussion Forum Account in the event that you breach any of the terms and conditions of this capitalconnect.kr Agreement or contravene or violate any applicable laws or regulations in respect of your use of the Discussion Forum Account.

4.2 Comments/Suggestions and Language

4.2.1 Types of Comments/Suggestions Not Allowed

You hereby agree and undertake not to make the following comments/suggestions on the Discussion Forum including but not limited to:

(a) Defamatory, insulting, obscene, racist, sexist and homophobic comments/suggestions.

(b) Speech, attacks and remarks which appear to be threatening, abusive, offensive or arousing hatred or discrimination;

(c) Impersonations, illegal comments/suggestions or comments/suggestions which violate or encourage the violation of any laws or the propriety(ies) or other right(s) of any third party(ies).

In this regard, Capital Connect has the sole and full discretion and its determination shall be final.

4.2.2 Types of Language Not Allowed

You also agree and undertake not to make any comments/suggestions on the Discussion Forum which consist of vulgar, profane, crude, violent or hostile language or swearing. In this regard, Capital Connect has the sole and full discretion and its determination shall be final.

4.3 Proper Use

4.3.1 No Commercial Use or Investigation

You must not use the Discussion Forum for:

(a) the promotion of any products or services or for any other commercial purposes;

(b) any sponsorship, petition, campaign or chain message;

(c) an investigation, e.g. tracing the whereabouts of a person.

In this regard, Capital Connect has the sole and full discretion and its determination shall be final.

4.4 Moderation

4.4.1 Right to Moderate

Capital Connect reserves the right to moderate any comments, suggestions and other information which have been posted or made available on the Discussion Forum. In this regard, Capital Connect has the sole and full discretion and its determination shall be final.

4.4.2 Reasons for Moderation

The Discussion Forum is intended to be an engaging and informative platform for Capital Connect’s readers to discuss and debate a wide variety of topics. By moderating the submissions made to the Discussion Forum, Capital Connect creates a space where different perspectives and well-informed opinions can be exchanged in a respectful and civilized manner.

4.4.3 Editing and Removal of Content

Capital Connect reserves the right to edit or remove part or all of the Content and/or any other information on the Discussion Forum which violate(s) the terms and conditions of this capitalconnect.kr Agreement or which, in the sole opinion of Capital Connect, appear(s) to be inappropriate for display on the Discussion Forum. In this regard, Capital Connect has the sole and full discretion and its determination shall be final.

4.4.4 Moderation Request from Readers

You can flag a comment/suggestion on the Discussion Forum for Capital Connect’s review or moderation, state the reasons you believe it should be removed and submit a report to Capital Connect if you find the comment/suggestion:

(a) to be in breach of any of the terms and conditions of this capitalconnect.krAgreement;

(b) to be inappropriate for posting on or abusing the space available in the Discussion Forum.

In this regard, Capital Connect has the sole and full discretion and its determination shall be final.

5. PRIVACY OF PERSONAL DATA

All information received by Capital Connect from your use of the capitalconnect.kr Service will be used by Capital Connect in accordance with its Privacy Policy. Please read Capital Connect’s Privacy Policy at https://capitalconnect.kr/privacy-policy-2/ for details of how Capital Connect may process your personal data.

6. DISCLAIMER OF WARRANTIES

6.1 capitalconnect.kr Service and Computer

Capital Connect makes no representation or warranty that:

(a) the access to, use of and functioning of the capitalconnect.kr Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components;

and

(b) the view of any Content in or with any Computer will not affect the functionality or performance of the Computer.

6.2 Content

Capital Connect makes no representation or warranty regarding the view of or the results of the view of any Content on the capitalconnect.kr Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.

6.3 Third Party Content

Capital Connect makes no representation or warranty regarding the view of or the results of the view of any Third Party Content on the capitalconnect.kr Service, the capitalconnect.kr Website or websites linked from the capitalconnect.kr Website in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.

6.4 Capital Connect Content

Capital Connect makes every effort to ensure that all Capital Connect Content on the capitalconnect.kr Service is accurate and complete to the best of Capital Connect’s knowledge. However, Capital Connect provides the Capital Connect Content for informative purposes and on an ‘as is” basis only. Capital Connect disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.

6.5 Professional or Expert Advice

The data, information and/or any Content made available on the capitalconnect.kr Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the capitalconnect.krService as necessary.

6.6 Third Party Products

You acknowledge and agree that Capital Connect does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the capitalconnect.kr Service, the capitalconnect.kr Website or websites linked from the capitalconnect.kr Website.

6.7 View of Information on the capitalconnect.kr Website

You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from Capital Connect, other readers, other users, third parties and advertisers on the capitalconnect.kr Service and the capitalconnect.kr Website should be viewed and relied upon only with care and discretion and at your own risk. Capital Connect shall not be responsible for any loss or liability incurred by you arising from such view or reliance.

7. LIMITATIONS OF LIABILITY

7.1 In no event shall Capital Connect be liable to you or you shall hold Capital Connect liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the access to or use of, or inability to access to or use of, the capitalconnect.kr Service, and/or caused by the view of, or inability to view of, the Content, Your Content, Capital Connect Content, Third Party Content and/or the capitalconnect.kr Website.

7.2 Your Content

You acknowledge and agree that: (i) you shall be solely and fully responsible for Your Content and any related consequences including but not limited to any third party claims arising from or in connection with the same; and (ii) Capital Connect shall not be liable in any manner.

7.3 Third Party Content

Capital Connect shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.

7.4 Force Majeure

Capital Connect shall not be liable for any failure or delay in performance of its obligations under this capitalconnect.kr Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.

7.5 Under no circumstance shall Capital Connect be liable for any indirect, special, consequential or incidental damages arising or resulting from the access to or use of, or inability to access to or use of, the capitalconnect.kr Service, or the view of, or inability to view of, Content, Your Content, Capital Connect Content, Third Party Content and/or the capitalconnect.kr Website.

8. ACCESS TO AND AVAILABILITY OF capitalconnect.kr SERVICE AND LINKS

The capitalconnect.kr Service contains links to other related world wide web internet sites, resources, and sponsors of Capital Connect. Since Capital Connect is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.

9. HACKING, DISRUPTION AND IMPAIRMENT

You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the capitalconnect.kr Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.

10. SECURITY

10.1 You shall notify Capital Connect’s Customer Service at digitalsupport@capitalconnect.krof any known or suspected unauthorised access(es) to and/or use(s) of your Discussion Forum Account and/or the capitalconnect.kr Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your Discussion Forum Account password, and/or unauthorised access(es) to and/or use(s) of your Discussion Forum Account.

10.2 You are responsible for all accesses to, usages of or activities on your use of the capitalconnect.kr Service. Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your access to and/or use of the capitalconnect.kr Service, at Capital Connect’s sole discretion, and Capital Connect may refer you to appropriate law enforcement agencies.

11. COMMUNICATIONS BETWEEN Capital Connect AND READERS

11.1 You agree that Capital Connect may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the capitalconnect.kr Service and other matters relating to your access to and/or use of the capitalconnect.kr Service.

11.2 Capital Connect reserves the right to gather and use information about your access(es), usage(s) and demographics, and agree to maintain your data privacy, in accordance with Capital Connect’s Privacy Policy, the Personal Data (Privacy) Ordinance, and all relevant applicable data protection and privacy laws and regulations in force from time to time. For more information please read the Capital Connect’s Privacy Policy at https://capitalconnect.kr/privacy-policy-2/.

12. SOFTWARE LICENCES

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access to and/or use the capitalconnect.kr Service (“Access Software”). You may not sub-license, assign or transfer any licenses granted by Capital Connect, and any attempt at such sub-license, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.

13. TERMINATION OF capitalconnect.kr SERVICE

13.1 Capital Connect may (i) deactivate or suspend the capitalconnect.kr Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to and/or use of any of the capitalconnect.kr Service with or without notice to you if Capital Connect is of the sole opinion that such action is appropriate as a result of your access to and/or use of the capitalconnect.kr Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reason Capital Connect deems relevant to the management or the operation of any of the capitalconnect.kr Service and Capital Connect’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the capitalconnect.kr Service or any part thereof.

13.2 Capital Connect may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the capitalconnect.kr Service by you, suspend your access to and/or use of any or all of the capitalconnect.kr Service temporarily or permanently.

13.3 This capitalconnect.kr Agreement may be terminated by Capital Connect for any reason at any time.

13.4 Termination under the provisions of this capitalconnect.kr Agreement shall not affect Capital Connect’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this capitalconnect.kr Agreement which is expressly or by implication intended to come into or continue in force on or after such termination. All remaining benefits (whether monetary or non-monetary) that you may enjoy under this capitalconnect.kr Agreement as at the date of termination shall be forfeited absolutely.

14. LEGAL AND REGULATORY COMPLIANCE OBLIGATIONS

You acknowledge that Capital Connect may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this capitalconnect.kr Agreement. In this connection, you agree not to hold Capital Connect liable or responsible.

15. WRITTEN EVIDENCE

15.1 You hereby agree that all records of Capital Connect relating to the capitalconnect.kr Service, to your access to and/or use of the capitalconnect.kr Service, your Discussion Forum Account and/or your particulars, to your view of any Content on the capitalconnect.kr Website, and/or to the terms and conditions of this capitalconnect.kr Agreement (collectively the “Records”), which despite being in electronic or digital form, are deemed to be written and original documents.

15.2 You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.

16. INDEMNITY

You agree to indemnify Capital Connect and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against Capital Connect and its employees, officers, agents, contractors, readers and users arising from or in connection with:

(a) your connection to the capitalconnect.krWebsite;

(b) your access to and/or use of the capitalconnect.kr Service and/or your posting of any Content on the capitalconnect.krService;

(c) your breach of any of the terms and conditions of this capitalconnect.kr Agreement, including but not limited to any representations and warranties given by you;

(d) your contravention of any applicable laws or regulations; and/or

(e) your violation of the rights of any person(s) and/or entity(ies).

17. GENERAL

17.1 Capital Connect shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this capitalconnect.kr Agreement to any third party at its sole and absolute discretion.

17.2 No failure on the part of Capital Connect in exercising any right, power or privilege and no course of dealing between you and Capital Connect shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this capitalconnect.kr Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

17.3 If any term or provision of this capitalconnect.kr Agreement is not applicable or held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent permissible be deemed not to form part of this capitalconnect.kr Agreement, but the validity and enforceability of the remainder of this capitalconnect.kr Agreement shall not be affected.

17.4 Capital Connect and you expressly agree and acknowledge that the terms and conditions of this capitalconnect.kr Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this capitalconnect.kr Agreement.

17.5 This capitalconnect.kr Agreement shall be governed by and construed in accordance with the laws of Hong Kong. You agree that any action arising under this capitalconnect.kr Agreement shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.

17.6 For inquiries, please contact Capital Connect at cs@capitalconnect.kr.