Terms of Service

Welcome! You have arrived at knok and/or are otherwise interacting with our Platform, which is owned and operated by Kmonds CORP and its subsidiaries and affiliate entities (collectively, 'Kmonds,' 'we,' 'our,' or 'us'). These Terms of Service ('Terms') govern your access to and use of any online service (e.g., website or mobile app) that posts a link to these Terms ('Site') and all features, widgets, plug-ins, applications, content, downloads and other services made available through or in connection with a Site, and/or that post or link to these Terms (collectively, including all Sites, the 'Platform'), regardless of how you access or use them, whether via computer, mobile device or otherwise.

These Terms are an agreement between you (i.e., a corporation, business, other entity, or natural person who develops or supplies products for sale to retailers ('Supplier'), a retailer ('Retailer'), or a service provider or vendor ('Vendor') (collectively with the Supplier and Retailer, 'you' or 'your') and Kmonds CORP, and sets forth your rights and obligations with respect to the use of the Platform. We operate the Platform, which includes our product discovery and category management tools, our vendor discovery and evaluation tools, our tools for the curation and optimization in showcasing products to retailers, and our product purchase functionality, including, without limitation, the interfaces and application protocol interfaces ('APIs') provided to access the Platform, and any associated services, results or reports provided to you in any way.

It is important that you read and understand these entire Terms before using the Platform. To ease review, you can click on each section heading below to be taken to the full explanation.

1. Registration, User Information, Privacy and Profile Pages
2. Platform Content, Ownership, Limited License, and Rights of Others
3. Content You Provide and Community Usage Rules
4. Representations and Warranties Related to User-Generated Content and Products
5. Community Usage Rules
6. Platform Use Restrictions
7. Payment Terms; Product Orders; Terms of Sale
8. Subscriptions for Suppliers
9. Procedure For Alleging Copyright Infringement
10. Procedure For Alleging Infringement of Other Intellectual Property Rights
11. Notices, Questions and Customer Platform
12. Product Specifications; Pricing; Typographical Errors
13. Links By You to the Platform
14. Third-Party Sites; Dealings With Third Parties
15. Wireless Features
16. Dispute Resolution
17. Disclaimer of Representations and Warranties
18. Limitations of Our Liability
19. Waiver of Injunctive or Other Equitable Relief
20. Updates to Terms
21. General Provisions

A. Registration

In order to access or use some (or potentially all) of the features on the Platform, you must first either register through our online registration process at knok or, where the option is available, log into your online knok account using qualifying third-party service log-in credentials. If you register for a Platform account, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password).

You agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive; we may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete information about yourself and your service(s) and product(s) in connection with the registration process and your use of the Platform and will maintain and update it, including on your Profile Page (defined below), continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Platform using your name, username, e-mail address, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.

A. Content

The Platform contains a variety of: (i) materials and other items relating to Kmonds CORP and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the 'look and feel' of the Platform, and the compilation, assembly, and arrangement of the materials of the Platform and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Kmonds CORP (collectively, 'Trademarks'); and (iii) other forms of intellectual property (all of the foregoing, collectively, 'Content').

B. Ownership

The Platform (including past, present, and future versions), including all Content, are owned by Kmonds CORP and, as applicable, our licensors and certain other third parties. All right, title, and interest in and to the Content is the property of Kmonds CORP or our licensors or certain other third parties, and is protected by Korean and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Kmonds CORP may now or in the future offer users of the Platform the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit or provide through the Platform (collectively, 'provide') messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials and the ideas contained therein (collectively, but excluding Content included therein, 'User-Generated Content').

Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in User-Generated Content and you remain ultimately responsible for all User-Generated Content you provide.

Each time you provide any User-Generated Content, you represent and warrant that (a) you are at least the age of majority in the jurisdiction in which you reside, (b) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to provide the User-Generated Content and grant Kmonds CORP the rights to it that you are granting by these Terms and any Additional Terms, all without any Kmonds CORP obligation to obtain consent of any third party and without creating any obligation or liability of Kmonds CORP; (c) the User-Generated Content is accurate; (d) the User-Generated Content does not and, as to Kmonds CORP's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (e) the User-Generated Content will not violate these Terms or any Additional Terms, or cause injury or harm to any person.

As a user of the Platform, these Community Usage Rules ('Rules') are here to help you understand the conduct that is expected of members of the Platform's online communities ('Communities').

• All User-Generated Content you provide either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms.
• User-Generated Content must not contain any visible logos, phrases, or trademarks that belong to third parties.
• Do not use any User-Generated Content that belongs to other people and pass it off as your own.
• All of your Platform activities must be venue appropriate, as determined by us.
• User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
• Do not impersonate any other person, user, or company, and do not provide User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading.

You agree that you will not, nor will you permit any person to: (i) use any meta tags or any other 'hidden text' utilizing any Trademarks; (ii) engage in any activities through or in connection with the Platform that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Kmonds CORP; (iii) reverse engineer, decompile, disassemble, reverse assemble, or modify any Platform source or object code or any software or other products, services, or processes accessible through any portion of the Platform; (iv) engage in any activity that interferes with a user's access to the Platform or the proper operation of the Platform, or otherwise causes harm to the Platform, Kmonds CORP, or other users of the Platform.

You must pay to Kmonds CORP any and all amounts payable under these Terms or in connection with your use of the Platform and all such amounts must be remitted through our website except where you are provided with other options. Information about our collection and use of payment-related information is described in our Privacy Policy.

We use a third-party service provider to process all payments made through or using the Platform, including to sign up for Platform subscription plans and to purchase products from Suppliers.

We offer a free Platform subscription plan (the 'Subscription Plan') for Suppliers to create a profile and load products. In addition, Suppliers have the option to purchase a Promotion Plan (the 'Promotion Plan') or Premium Plan (the 'Premium Plan').

Suppliers may purchase the Premium Plan and Promotion Plan online using any major credit card (unless other payment terms are agreed upon by you and Kmonds CORP). The amounts charged to such credit card are shown at the time of the transaction.

Kmonds CORP will respond appropriately to notices of alleged copyright infringement that comply with applicable laws. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Platform, then you may send us a written notice that includes all of the following:

• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located
• Your full name, address, telephone number, and e-mail address
• A statement by you that you have 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
• A statement by you, made under penalty of perjury, that all the information in your notice is accurate
• Your electronic or physical signature

If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Platform, then you may send us a written notice that includes similar information as required for copyright infringement notices.

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Platform, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your account settings.

If you have a question regarding using the Platform, you may contact Kmonds CORP Customer Support by sending an e-mail to contact@knokglobal.com.

We do our best to describe every product or service offered on this Platform as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Platform is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or product specifications, Kmonds CORP shall have the right to refuse or cancel your subscription and/or access to the Platform in our sole discretion.

We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, and non-transferable license to create hyperlinks to the Platform, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Kmonds CORP or cause any other confusion, and (c) the links and the content on your website do not portray Kmonds CORP or its products or services in a false, misleading, derogatory, or otherwise offensive matter.

The Platform may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by Kmonds CORP, and the Platform may also include links to third-party ads on the Platform or otherwise, to or from third-party websites (collectively, 'Third-Party Sites'). Kmonds CORP has no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Kmonds CORP does not assume any obligation to review any Third-Party Sites.

The Platform may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Platform's features and upload content to the Platform, receive messages from the Platform, and download applications to your wireless Device (collectively, 'Wireless Features'). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features.

These Terms shall in all respects be governed by the laws of the Republic of Korea without reference to its principles of conflicts of laws that could result in application of other law, regardless of your location. Any disputes arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in Seoul, Korea, in accordance with the rules of the Korean Commercial Arbitration Board.

The Platform, including all services and the products (including any information about the products) made available or accessed through the Platform, is provided on an 'AS IS', 'AS AVAILABLE' AND 'WITH ALL FAULTS' BASIS. To the fullest extent permissible by law, Kmonds CORP and its subsidiaries and affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, 'Kmonds Parties') hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied.

UNDER NO CIRCUMSTANCES WILL ANY KMONDS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to or that arise from the Platform, your use of or inability to use the Platform, or the performance of the Platform.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE PLATFORM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.

These Terms (or, if applicable, Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered into during such use). AS OUR PLATFORM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PLATFORM MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE PLATFORM UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED.

Kmonds CORP may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Kmonds CORP.