Terms and Conditions of use

LAST UPDATED: February 5, 2020

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

All information posted on this Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on this Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

1. Restrictions on Use

All pages within this Website and any material made available for download (collectively the “Site”) are the property of Lotte Beverage America Corp. (“Lotte”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Lotte. The Site is for your own personal, noncommercial use only. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

You may not do any of the following while accessing or using the Site: (i) copy, modify, or create derivative works based on the Site or reverse engineer, decompile, or disassemble the Site; (ii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute the Site or content available on the Site; (iii) use any automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures; (iv) take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Site; (v) circumvent security or user authentication measures or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions; (vi) use, display, mirror or frame portions of the Site within another Site, app or platform; (vii) resell use of, or access to, the Site to any third party; (viii) violate any applicable law or regulation, including laws concerning privacy and data security; or (ix) encourage or enable any third party to do any of the foregoing.

Certain software, features, products, information or materials that you access or use from the Site may be subject to additional terms and conditions presented to you at that time. In addition, some portions of the Site may be hosted or provided by our partners or third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those portions of the Site or on such third parties’ services or websites.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Lotte.

2. Termination of Access

In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Site, or your account at any time with or without notice and with or without cause, including if we determine, in our sole discretion, that you have violated these Terms and Conditions or pose a threat to the Site or its users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

3. Registration and Passwords

In order to access the Site, you must be over twenty-one (21) years of age. Further, you may be required to provide specific information to us about you, either directly or through a single-sign on process using third party credentials. All information about you must be truthful, accurate, current and complete at all times and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use under such access codes or passwords. We may suspend or terminate your access at any time for any reason with or without notice.

4. Privacy Policy

Use of the Site is also governed by our Privacy Policy, which is located at https://lottebeverageus.com and incorporated herein by reference. To understand what information we collect from you and how we use that information, please read the aforementioned Privacy Policy.

5. International Access

Our Site is maintained in the United States of America (“USA”). By using the Site, you authorize the export of personal information and personal data to the USA and its storage and use as specified in this policy. We transfer personal information and personal data from the European Union (“EU”) to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal data of data subjects within the EU will be transferred in compliance with the requirements of the GDPR, such as the standard contractual clauses approved by the EU for cross-border transfers.

6. User Generated User Content

Certain pages on the Site may allow you to post reviews and other content, or to share information with other users of the Site (collectively, “User Content”). Unless otherwise specified, you may only post User Content to the Site if you are a resident of the United States and are twenty-one (21) years of age or older. Our Site acts as a passive conduit for any and all communication and/or distribution of information, and we do not control the User Content. We cannot and will not evaluate and we are not responsible for the accuracy, reliability, completeness, veracity or suitability of any User Content or for verifying the identity of the submitting user of our Site. Like any information you obtain through the Internet, you should verify User Content before acting upon it. Lotte is not responsible for any losses you may incur as a result of relying on User Content, even if we were advised of the possibility of such losses.

You may only post User Content that you created or which the owner of the User Content has given you permission to post. If User Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the User Content. You may be required to provide proof of such permission to Lotte. You may not post or distribute User Content that is illegal or that violates these Terms and Conditions. By posting or distributing User Content to the Site, you represent and warrant that (i) you own all the rights to the User Content or are authorized to use and distribute the User Content to the Site; and (ii) the User Content does not and will not infringe any intellectual property, privacy, publicity or any other third-party right nor violate any law or regulation. Further, by submitting or posting User Content to the Site, you grant Lotte the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this User Content in any medium now known or hereafter invented, in perpetuity. Once you submit or post User Content to the Site, Lotte does not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. Lotte owns all right, title, and interest in any compilation, collective work, or other derivative work created by Lotte using or incorporating User Content posted to the Site. You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site.

7. Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available via the Site by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Email: kimh130@lotteliquor.com
Subject Line: DMCA Notice

8. Prohibited Activities

As a condition of your use of this Site, you warrant to Lotte that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Lotte expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Site or while using the Site. Lotte reserves the right to investigate and take appropriate legal action against anyone who, in Lotte’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains User Content that:

• is defamatory, abusive, obscene, profane or offensive, or contains “masked” profanity (e.g., F*@&#) or otherwise is offensive in our discretion;

• infringes or violates another party’s intellectual property, privacy, publicity or third party rights (such as articles, music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site);

• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• promotes or encourages violence;

• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;

• is illegal or promotes any illegal activities;

• promotes illegal or unauthorized copying of another person’s copyrighted work or provides information to circumvent security measures;

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

• contains any advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.

Lotte is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion. Lotte will make all determinations as to what User Content is appropriate in its sole discretion. Lotte may edit or remove any User Content at any time without notice.

9. Trademark Notice

“Lotte”, “Chum Churum”, “Kloud”, and any other logos, trademarks, and service marks that may appear on the Site are the logos, trademarks, and service marks of Lotte or their licensors.

10. Warranty Disclaimer and Limitation of Liability

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

LOTTE, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Although Lotte attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Lotte so that it can be corrected. Information contained on the Site may be changed or updated without notice.

11. Confidential and Proprietary Information

Lotte does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Lotte through the Site will be deemed NOT to be confidential. By sending Lotte any information or material, you grant Lotte an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Lotte is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

12. Links or Pointers to Other Sites

Lotte makes no representations whatsoever about any other Site that you may access though this Site. When you access a non-Lotte Site, please understand that it is independent from Lotte, and that Lotte has no control over the content on that Site. In addition, a hyperlink to a non-Lotte Site does not mean that Lotte endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You acknowledge and agree that you access such third party websites, social media platforms services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every application or website that you visit. By using or accessing such third party applications and services you agree to comply with any and all of the applicable terms and policies of such third parties. We are not responsible for the practices or the content of such other applications or services.

Under no circumstances will Lotte be liable in any way for any content, software or information, materials or data of any third parties (“Third Party Content”), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such Third Party Content. You acknowledge that Lotte does not pre-screen content, but that Lotte and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Third Party Content that is available via the Site. Without limiting the foregoing, Lotte and its designees will have the right to remove any Third Party Content that violates these Terms and Conditions or is deemed by Lotte, in its sole discretion, to be otherwise objectionable. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third Party Content or communications posted on the Site or endorse any opinions expressed therein. You understand that by using the Site, you may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Lotte be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, transmitted or otherwise used or made available on the Site.

13. Indemnification

You agree to indemnify, defend and hold Lotte, our parent, subsidiary and affiliate companies, and each of our officers, directors, employees, agents, business partners, marketing and advertising agencies, affiliates, contractors, distribution partners and representatives harmless from and against any and all claims, demands, liabilities, judgments, damages, costs or expenses, including attorneys’ fees and costs, arising from or related to your access to or use of the Site or any breach or alleged breach by you of any of these Terms and Conditions or applicable laws.

14. Choice of Law and Venue

These Terms and Conditions are entered into in the State of California, United States of America, and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect

15. Entire Agreement

These Terms and Conditions constitute the entire agreement between Lotte and you pertaining to the subject matter of this Agreement. In its sole discretion, Lotte may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.