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TERMS AND CONDITION
Effective: May 2022.
Welcome to gentlemonster.com. Gentle Monster is owned by IICOMBINED Co., Ltd., a global corporation based in Seoul, South Korea (“Gentle Monster”). Gentle Monster provide website features and other products and services to you when you visit or shop at gentlemonster.com or our local sites, use products or services of Gentle Monster, and use social media platforms (collectively “Gentle Monster Platform”).
1. ELIGIBILITY If you have not reached the age of majority in your jurisdiction, you must have a parent or legal guardian read and accept these Terms on your behalf and take full responsibility for compliance with these Terms.
By using Gentle Monster Platform, your represent that (i) you have read, understand and agree to be bound by these Terms; (ii) you are of legal age to form a binding contract with Gentle Monster; and (iii) you have the authority to enter into these Terms.
2. GENTLE MONSTER CONTENT The entire content published on Gentle Monster Platform, including but not limited to text, graphics, the "look and feel" of the website, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video, audio files or code, including software and all HTML and other code (“GM Content”) is protected by copyright, trademark, design, patent and other laws, and GM Content shall remain at all times vested in Gentle Monster and/or are the property of their respective owners. Permission is granted to electronically copy and print hard copy portions of Gentle Monster Platform for the sole purpose of placing an order. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of any content of Gentle Monster Platform is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from Gentle Monster Platform.
Gentle Monster reserves the right to withdraw, temporarily or permanently, any GM Content from Gentle Monster Platform at any time and for any reason. Removal may be immediate and without notice. We will not liable to you or any third party for any such withdrawal or removal.
3. USER CONTENT Some parts of Gentle Monster Platform may allow you to post photos, videos, comments, reviews, feedback, communications and other content (“User Content”). You represent that you own or otherwise control all of the rights to User Content. Gentle Monster will not be responsible and take no liability for User Content you or others post to Gentle Monster Platform.
You herby agree to grant Gentle Monster a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, irrevocable, and worldwide right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display any of the User Content that you post on or in connection with Gentle Monster Platform, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. Gentle Monster may, in its sole discretion, remove any User Content at any time.
4. THIRD PARTIES Gentle Monster Platform may contain links to other websites (“Linked Site(s)”). These Linked Sites are not under the control of Gentle Monster. Gentle Monster is not responsible for the content of any Linked Sites, including but not limited to, any links contained in a Linked Site and any updates or changes made to a Linked Site. The inclusion of Linked Sites does not imply endorsement by Gentle Monster. Although the Site may allow you to access or use third party sites, they are not services under these Terms and are not subject to any of the warranties, services, commitments or obligations with respect to Gentle Monster hereunder. By using any third-party offerings, you are expressly permitting Gentle Monster to disclose your data or other information to the extent necessary to utilize the third-party sites.
We have no liability for disclosure of information due to errors in transmission to third parties or unauthorized acts of third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. The use of any website controlled, owned, or operated by third parties is governed by the terms and conditions and policies of those third parties, not by Gentle Monster.
5. PRODUCTS While Gentle Monster makes every attempt to properly represent inventory numbers on Gentle Monster Platform, merchandise availability is not guaranteed. If merchandise is not available by the time your order processes, we will notify you as immediately as possible. Likewise, Gentle Monster takes every effort to accurately display the colors of our products online, but we cannot guarantee its accuracy. The actual colors you see will depend on the monitor you are using.
All prices indicated on Gentle Monster Platform do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives in its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary greatly from country to country and will not be covered by Gentle Monster.
In order to make purchases on Gentle Monster Platform you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. Furthermore, you agree that we may use information provided by you in order to conduct appropriate anti-fraud checks. Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Terms.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from Gentle Monster Platform whether or not that merchandise has been sold, removing, screening or editing any materials or content on Gentle Monster Platform, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
7. TERMINATION AND SUSPENSION In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to Gentle Monster Platform, at any time with or without notice in the event you have breached these Terms or such action is necessary to prevent harm to any party or liability to Gentle Monster.
Termination, suspension, or any limitations made to your access of the Gentle Monster Platform will result in the removal of your entitlement to any refunds of unused balances in your account. You will be prohibited from registering and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, Gentle Monster reserves the right to take appropriate legal action, including but not limited to, pursuing arbitration, a criminal case, and injunctive redress.
These Terms will remain enforceable against you after your right to use the Gentle Monster Platform is terminated, limited, or suspended.
8. DISCLAIMER OF WARRANTIES Gentle Monster provides Gentle Monster Platform, its content, and the interactive services on an “AS-IS” basis. We, Gentle Monster, make no representations or warranties of any kind, express or implied, with respect to the operation of Gentle Monster Platform or interactive services, the information, content, materials, or products included on Gentle Monster Platform or as part of the interactive services. In addition, we do not represent or warrant that the information accessible via Gentle Monster Platform or the interactive services is accurate, complete, or current.
Please note that some jurisdiction may not allow the exclusion of implied warranties and conditions, so some of the above exclusion may not apply to you but shall apply to the maximum extent permitted by applicable laws.
Use of Gentle Monster Platform is entirely at your own risk. We try to ensure that the information on Gentle Monster Platform is accurate and complete. However, We make no warranties or representations about the accuracy or completeness of the content provided through Gentle Monster Platform or the content of any sites linked to Gentle Monster Platform, and assumes no liability or responsibility for (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Gentle Monster Platform; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information store therein. Gentle Monster does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the Gentle Monster Platform and any hyperlinked website or features in banner form or other advertisements. We will not be a party to, or in any way, be responsible for monitoring any transaction between you and third-party providers of products or services other than as provided herein.
We nor our affiliates or licensors warrant that Gentle Monster Platform is free from viruses, worms, trojan horses, or other harmful components. We and our affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed, or used by others.
9. INDEMNIFICATION; LIMITATION OF LIABILITY You agree to indemnify and hold harmless Gentle Monster, its subsidiaries, affiliates, officers, agents, and other partners and employees from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to your use of Gentle Monster Platform or User Content is in violation or arising from a breach of these Terms, or of any law or rights of any third party.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL GENTLE MONSTER HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SITE OR SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GENTLE MONSTER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED. IF GENTLE MONSTER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS IN ANY WAY CONNECTED WITH YOUR USE OF GENTLE MONSTER PLATFORM OR ANY GM CONTENT, GENTLE MONSTER’S LIABILITY SHALL NOT EXCEED US$500.00.
10. APPLICABLE LAW; DISPUTE RESOLUTION You agree that laws of the Republic of Korea, without regards to its conflict of law principles, will govern these Terms and any dispute of any sort that might arise between you and Gentle Monster.
You agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to Gentle Monster Platform shall be referred to and finally resolved by arbitration in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. The seat, or legal place, of arbitral proceedings shall be Seoul, Republic of Korea. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be in English.
11. MODIFICATION; SEVERABILITY We reserve the right to change or modify any of the terms or conditions contained in these Terms at any time. If we decide to change these Terms, we will post a new version on Gentle Monster Platform and update the date set forth above. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term and condition
12. UPDATING AND REVIEWING YOUR PERSONAL DETAILS If you have an online customer account, you can amend or update your information by logging into “My Account” on the website and modifying your details as appropriate.
13. HOW DO I UNSUBSCRIBE FROM GENTLE MONSTER EMAIL UPDATES? If you have registered to receive updates from us, and you no longer wish to receive these, you can request that we amend your preferences. You can do that either as indicated in the particular communication, e.g. by using the unsubscribe link which is included on all email updates. Gentle Monster will stop sending updates in respect of which you withdraw your consent within a reasonable period, in order to allow sufficient time for the change to be administered. If you opt out of receiving updates from us, we may still send you non- promotional communications such as emails about your account or purchases you have made from the website.