Terms and Conditions of Service

 

1.    General
Heystars websites (“Websites”) and mobile applications (“Apps”) and related services (together with the Websites, the “Service”) are operated by Heystars, Inc. (“Heystars,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Heystars may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

 

2.    Description of Website and Service
The Service allows users to access and use a variety of educational services, including learning or practicing a language. Heystars may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

 

3.    License to Apps
Subject to the terms of these Terms and Conditions, Heystars grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Heystars and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Heystars, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Heystars acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Heystars acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Heystars, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and Heystars acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

 

4.    Third-Party Links, Sites, and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Heystars. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Heystars, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Heystars shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Heystars on the Service are subject to change. In consideration for Heystars granting you access to and use of the Service, you agree that Heystars and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

 

5.    No representations or warranties by heystars
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by heystars are provided to you on an “as is” basis. Heystars and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, heystars does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

6.    Limitation on types of damages/limitation of liability
In no event will heystars be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if heystars has been advised of the possibility of such damages. Heystars’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to heystars for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

 

7.    Termination
Heystars may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Heystars account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Heystars’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

Heystars manages and keeps your information in separate locations after your service is terminated. In principle, Heystars will retain your information for 90 days to respond to your request for recovery after you leave the membership.

 However, according to the relevant Act and subordinate statute, if necessary, Heystars shall hold the information for the required period before destruction, and in this case, the information stored and managed separately will not be used for other purposes.

 

If there is no justification for Heystars to continue processing your personal data, you have the right to ask Heystars to delete or delete your personal data.

When Heystars destroys your information, we destroy it using a shredder, incinerate it, or use a technical method that does not restore your information stored in an electronic file format.

8.    Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Heystars or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Heystars, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Heystars, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to Heystars any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Heystars or its licensors that are not expressly granted in these Terms and Conditions are reserved to Heystars and its licensors.

 

9.    Trademarks
“Heystars” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Heystars or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Heystars name or any Heystars or third-party trademarks, service marks, graphics or logos.

 

10.    Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.hey-stars.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.

 

11.    Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Heystars pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

 

o    an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
o    a description of the copyrighted work that you claim has been infringed;
o    a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
o    your address, telephone number, and email address;
o    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
o    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please consult your legal counsel for further details. Heystars’s Agent for Notice of claims of copyright infringement can be reached as follows:

 

By mail: 63208, 217, Jungang-ro, Jeju-si, Jeju-do, Republic of Korea

12.    Miscellaneous
These Terms and Conditions constitute the entire agreement between Heystars and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such 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. A waiver by Heystars or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Heystars may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Heystars and you, and Heystars’s and your respective successors and permitted assigns.

Last revised on June 23, 2021