TERMS OF SERVICE

Date of Last Modification: June 13, 2024

Welcome to KEENS Academy, an online KPOP training and resource platform. The KEENS Academy’s website, apps, and other product and services (collectively the “Services”) are owned and operated by Counter Culture Co., Ltd. (“us”, “we”, or “KEENS Academy”). As these Terms of Service (“Terms”) govern your use of Services, please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

We may need to change, modify, add, or delete portions of these Terms at any time for diverse reasons. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these Terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.

Use of KEENS Academy

Definitions

The KEENS Academy, service, and any content viewed through our Service, can only be for your personal and non-commercial use. With your registration and any payment where relevant, we grant you a limited, non-exclusive, non-transferable, revocable license to access the KEENS Academy content and view your class(es) through the Service. Except for KEENS Academy,’s express permission, no right, title or interest shall be transferred to you. KEENS Academy, may revoke the permission at any time at its sole discretion. Upon such revocation, you must promptly destroy all contents downloaded or otherwise obtained through our Service, as well as copies of such materials, whether made in accordance with these Terms or otherwise.

Definitions

A “Free Member/Membership” refers to a registered user of KEENS Academy that does not have full access to the Paid Services provided by KEENS Academy. A “Paid Member/ Membership” refers to a registered user of KEENS Academy that has registered to a full access to the Paid Services provided by KEENS Academy.

Regarding Registration

You may be required to register with KEENS Academy in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 14 years of age, you may use the Service, only with the approval of your parent or guardian. KEENS Academy may revoke or refuse the registration of users under 14 years of age, who have not gone through the approval process of their legal guardians.

Changes to Service

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop any part of, or the Service altogether. In case of such changes, we will notify you 14 days ahead of the changes by posting the changes on this page, or by sending notification by email or other contact information that you have provided when registering for our Service. In such cases where individual notification is unavailable and the notice has been returned over twice, due to missing or modified user information, it will be considered that we have duly notified you according to these Terms.

Conditions of Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. KEENS Academy reserves the right to investigate and take appropriate legal action against anyone who, in KEENS Academy’s sole discretion, violates this provision, including without limitation, removing any offensive or inappropriate User Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

KEENS Academy reserve a right to suspend or terminate any account or limit usages of the Services by any user who violates any provisions under these Terms or any other provisions which may apply under the applicable laws. KEENS Academy may take other appropriate measures including, but not limited to, requesting you to remove any or all of the User Content which may violate any provisions under these Terms or any other relevant applicable laws such as Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Copyright Act.

Intellectual property rights

User Content

KEENS Academy respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. You retain all intellectual property rights in, and are responsible for, the User Content you share. While KEENS Academy holds the right to display the content within our Service, we will not use User Content for any other purposes without the user’s written consent.

KEENS Academy Service Content, Software, and Trademarks

The KEENS Academy’s name, logos, the technology and software underlying the Service or distributed in connection therewith, and all contents or features provided by the Service(“Service Content”) provided by KEENS Academy are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by KEENS Academy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of KEENS Academy’s intellectual properties displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of KEENS Academy’s intellectual properties will inure to our exclusive benefit.

Third Party Material

Under no circumstances will KEENS Academy be liable in any way for any content or materials of any third parties (including User Contents), 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 content. You acknowledge that KEENS Academy does not pre-screen content, but that KEENS Academy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, KEENS Academy and its designees will have the right to remove any content that violates these Terms or is deemed by KEENS Academy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the internet. KEENS Academy has no control over such sites and resources and KEENS Academy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that KEENS Academy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that KEENS Academy is not liable for any loss or claim that you may have against any such third party.

Indemnification

To the fullest extent permitted by law, you agree to release, indemnify and hold KEENS Academy and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys‘ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, KEENS ACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KEENS ACADEMY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEENS ACADEMY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN KEENS ACADEMY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.

Governing Law and Jurisdiction

These Terms, your performance under it, and any disputes arising under it will be governed exclusively by the laws of Republic of Korea, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Republic of Korea in any and all actions, disputes, or controversies relating to this agreement.

These Terms and any posted rules on our website constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by KEENS Academy of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of KEENS Academy and its successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms.

Questions or Suggestions

Please contact us at 32, Gangnam-daero 93-gil, Seocho-gu, Seoul, Republic of Korea or support@keensacademy.com to report any violations of these Terms or to pose any questions regarding these Terms or the Service.

Privacy Policy

PRIVACY STATEMENT

Date of Last Revision: June 13, 2024

This Privacy Policy describes the data protection practices of Keens Academy (“we”, “us”, or “our”) by Counter Culture Company, Ltd. This Privacy Policy applies to information that we collect and use about you when you access or use the our website or other online or mobile service that links to or otherwise presents this Privacy Policy to you. We refer to these products and services collectively as the “Services.” Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to contact us at support@keensacademy.com. Your use of our Site is also governed by our Terms of Use, and the definition of the terms used in this Privacy Policy is defined herein or in the Terms of Use.

1. What information do we collect and what do we do with it?

When you write a comment on our blog or website, as part of the process, we collect the personal information you give us such as your name and email address.

  • The Services you use
  • Requests or questions you submit to us via online forms, email, or otherwise
  • Your participation in sweepstakes, contests, or surveys
  • Your uploads or posts, comments to the Services
  • Requests for customer support and technical assistance

Information about you

While parts of the Services may not require you to provide any information that can directly identify you by name (such as if you choose to browse the website without logging in), the specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:

  • Email address
  • Name, if you choose to provide it
  • Information about your customer service interactions with us
  • User-generated content you provide to us, such as when you comment on content on the Services, respond to a survey request, or participate in the public forums
  • Any other information you choose to directly provide to us in connection with your use of the Services

Email marketing

We may send you emails about our site and related course(s), registration, course content, or other updates. We may also use your email to inform you about changes to the blog posts, survey you about your usage, or collect your opinion.

2. How do you get my consent?

When you provide us with personal information to become a user on our site or apply to our newsletter, you imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at support@keensacademy.com.

3. Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

4. Third Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

Certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our blog website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our blog site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

6. Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Cookies

We collect cookies or similar tracking technologies. This means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.

  • We use cookies to recognize your device and provide you with a personalized experience.
  • We also use cookies to attribute visits to our websites to third-party sources and to serve targeted ads from Google, Facebook, Instagram and other third-party vendors.
  • Our third-party advertisers use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you targeted ads. For more information about targeted or behavioral advertising, please visit https://www.networkadvertising.org/understanding-online-advertising/.
  • Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
  • We may also use automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
  • Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Web Analysis Tools

We may use web analysis tools like Google, Facebook, Clarity that are built into Keens Academy website to measure and collect anonymous session information.

7. CHILDREN’S PRIVACY

The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without valid parental consent, we will take reasonable steps to delete it as soon as possible. We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

8. DATA SUBJECT RIGHTS AND CHOICES

Depending on your jurisdiction of residence, you may have certain rights with respect to your information as further described in this section.

Your Legal Rights

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Information” section below at any time. Your local laws (e.g., in the EU) may permit you to request that we:

  • provide access to and/or a copy of certain information we hold about you
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
  • update information which is out of date or incorrect
  • delete certain information which we are holding about you
  • restrict the way that we process and disclose certain of your information
  • transfer your information to a third party provider of services
  • revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

Marketing Communications and Sharing

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you, or important notifications regarding classes in which you are enrolled.

9. LEGAL BASES FOR USE OF YOUR INFORMATION

The legal bases for using your information as set out in this Privacy Policy are as follows:

  • Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our websites which you accept by browsing the websites/registering; and/or our contract to provide our Services to you);
  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our website and applications; operate our business and our Services; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing Services);
  • Where we are required to process information in accordance with an EU Member State legal obligation; or
  • Where we have your consent, in accordance with applicable law.

10. Changes to this Privacy Policy

We reserve the right to amend this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Date of Last Revision” included at the beginning of the document. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

11. QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at support@keensacademy.com.