Terms of Use

 

This is the Terms of Use for all Badanamu ESL apps developed and owned by Calm Island Co., Ltd. (Korea) (“Company,” “we,” “us” or “our”). The following Terms of Use, along with our Privacy Policy create a legal contract (“Agreement“, “Terms of Service” or “Terms of Use”) between you (“you” or “your“), on one hand, and Calm Island Co., Ltd. governing your use of all the content we provide through our apps, (“Content” or “App(s)”). By using or accessing the Apps,  subscribing to our Content, or making in-app purchases (collectively “(Use) Badanamu ESL“, “(Use of) Badanamu ESL” or “(Using) Badanamu ESL“), you accept and agree to be bound by the terms and provisions of this Terms of Service.

 

In addition, when using the Apps, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you do not agree with these terms or our Privacy Policy in their entirety, then you may not continue your use of Badanamu ESL Apps.

 

By entering this Agreement, you specifically agree (i) that arbitration is the exclusive dispute resolution method for all your disputes with Calm Island Co., Ltd.; and (ii) to waive any and all of your rights to pursue or participate in a class action against Calm Island Co., Ltd., its affiliates, and related parties with regards to the app and/or the site.

 

Privacy:

Please review our Privacy Policy, which also governs your use of Badanamu ESL Apps, to understand our practices. The Privacy Policy explains our privacy practices for the Content. By using our Content, you also consent to our Privacy Policy.

 

Intellectual Property Rights:

All content included in or made available through the Apps (e.g. songs, games, activities, stories, text, graphics, images, audio clips, music, videos and digital downloads, trademarks, service marks, logos, button icons, etc. contained therein) is the property of and/or licensed to Calm Island Co., Ltd. and subject to copyright and other rights protected by international intellectual property laws.

 

License and Access:

As a user of the Apps, you are granted a non-exclusive, revocable and limited license to access and use the Apps (and its associated Content). We may terminate this license at any time for any reason, whatsoever. You may use the Apps and/or Content for your own personal, non-commercial use. No part of the Apps and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Apps, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Apps, or Content except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Use. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Apps and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As an App user, your license is provided solely for access to the Apps in order to obtain information about the Apps and/or the associated Content and to register for a subscription. Visitors of the platform are not authorized to access any Products & Services or Content and/or data available to members.

 

Basic (Free) Service :

A limited number of songs and other content will be made available to the free users of the Apps and unlocking any additional content will require in-app purchase.

 

In-App Purchases and Billing:

By agreeing to opt for an in-app purchase, you agree to pay the required amount and are also required to agree to the terms and conditions of the specific payment method chosen through Apple App Store or Google Play Store. Your download of Applications through such third parties is subject to their respective terms of use. Calm Island Co., Ltd. may change the price of any or all of the packs available for in-app purchase, at its own discretion. If you do not agree to this price change, you may not make the respective in-app purchase.

Use of Apps may be subject to standard messaging, data and other fees that may be charged by your mobile carrier. Your carrier may also prohibit or restrict the Apps and the Apps may be incompatible with your carrier or mobile device. If you have any questions concerning this, please contact your mobile carrier for further information.

 

Billing Disputes:

 

  1. Apple:
    Apple takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Apple’s App Store at https://reportaproblem.apple.com/ or e-mail us for any concerns  at info@calmid.com.

 

  1. Google Play:
    Google Play takes care of all the billing and we DO NOT store your credit card information. In the case of Google, they provide us with a portal to issue refunds as per need. So, in case of any refund or cancellation request, please e-mail us at info@calmid.com. In your e-mail to us, please provide your order id that you are disputing. We will evaluate the claim and issue a decision based on our discretion.

 

App Permissions:

When you use Badanamu ESL Apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

 

Your Responsibility for Equipment and Related Costs:

You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all phone, computer hardware, internet access services and other equipment or services needed to access and Use Badanamu ESL Apps. You must provide all equipment and software necessary to connect to the Apps and are responsible for ensuring that the foregoing do not disturb or interfere with the Apps’ operations. If any upgrade in or to the Apps requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Calm Island Co., Ltd., any new or additional features of the Apps, including the release of new content, shall be subject to these Terms of Use. We are not responsible for any loss or harm caused to your equipment or hardware for any Use of Badanamu ESL Apps, or alleged Use of Badanamu ESL Apps.

 

Warranty Disclaimer:

Your use of the Apps, is solely at your own risk. The Apps and the associated content are provided “as is” and “as available” without warranty of any kind by Calm Island Co., Ltd. or its affiliates. To the maximum extent allowed by applicable law, each of Calm Island Co., Ltd. and its affiliates, expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the Badanamu ESL Apps will meet your requirements, or that your access to the same will be uninterrupted, timely, secure or error-free. Neither Calm Island Co., Ltd. nor its affiliates, warrant, guarantee, or make any representations regarding the use or the results of the use of Badanamu ESL Apps with respect to performance, accuracy, reliability, security capability, currentness or otherwise.
Calm Island Co., Ltd. uses reasonable efforts to ensure that information about any of the content on Badanamu ESL Apps are correct. However, Calm Island Co., Ltd. cannot guarantee the accuracy of such information and will not be liable for any errors, omissions or other deficiencies.
Because some jurisdictions do not allow certain warranties to be disclaimed, the above disclaimer may not apply in full to you. To the extent that in a particular circumstance any disclaimer set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Calm Island Co., Ltd. and/or its affiliates shall be entitled to the maximum disclaimer available at law or in equity by such applicable law in such particular circumstance.

 

Limitation of Liability:

You acknowledge that you, or anyone else using Badanamu ESL Apps will use it at your/his/her own risk of property and personal injury, whether such injury is foreseeable or not, including, but not limited to, seizures, vision problems, or other symptoms related to the use of Badanamu ESL Apps. You acknowledge that the persons using our apps are fit for such use and are using the same at your own discretion and sense of judgment.

 

In no event shall we be liable to you or any third party, whether in contract, tort (including negligence), strict liability, indemnification or otherwise, for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with your use of the Badanamu ESL Apps, in any manner, foreseeable or otherwise. Also, we shall not be liable for your or one’s inability to access Badanamu ESL Apps, nor shall we be liable to you or any third party as to any virus or malicious code on your or their devices allegedly resulting from the use of Badanamu ESL Apps; even if Calm Island Co., Ltd. and/or its affiliates have been advised of the possibility of such damages.

 

The total cumulative liability of Calm Island Co., Ltd., its affiliates and/or third party suppliers to you or to any third parties, from all causes of action and under all theories of liability will be limited to and will not exceed the greater of the fees you paid to Calm Island Co., Ltd. (and/or its affiliates) pursuant to this Agreement over the twelve (12) months preceding the incident giving rise to such liability. Because some jurisdictions do not allow certain limitations of liability, portions of the above limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Calm Island Co., Ltd. and/or its affiliates, shall be entitled to the maximum limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance.

 

Indemnification:

You agree that you shall defend, indemnify and hold harmless Calm Island Co., Ltd. and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, “Affiliates”) and other users of Badanamu ESL Apps from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys’ fees and costs, arising out of or related to:

(i) Any breach or violation by you of these Terms of Use or the Privacy Policy or any applicable law.

(ii) Your access or Use of Badanamu ESL Apps.

(iii) Any third party’s access or Use of Badanamu ESL Apps.

(iv) Your use of any of the Badanamu ESL App Content.

 

Amendment:

Calm Island Co., Ltd. reserves the right, at any time and from time to time, to amend, supplement or modify the terms of these Terms of Use. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Your continued use of the App after the changes become effective signifies your agreement to be bound by such modified Terms of Use. If you do not agree with the changes in the Terms of Use, your only recourse is stop using the App.

 

The latest update date: (2019-11-21)