The following terms of use must be read and agreed to by all users who wish to access the TmaxSoft website.
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Article 1 - Purpose
The purpose of this Terms of Use is to define issues related to the rights, duty, usage condition of the service and regulations between TmaxSoft and users of internet services (hereafter stated as “service”) provided by the TmaxSoft.
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Article 2 – Term Definitions
The definition of terms used in this Terms of Use is as follows:
- 1. Service: refers to all services that are provided by TmaxSoft through the TmaxSoft website.
- 2. Users: refers to members and non-members who access the TmaxSoft web site.
- 3. General member: General members may be any user who registers through the website. General members can use the internet services provided by TmaxSoft in accordance with these Terms of Use
- 4. Customer member: refers to private or corporate entities that have purchased a TmaxSoft product and are eligible to receive differentiated services.
- 5. Partner member: refers to private or corporate entities eligible to receiving differentiated service due to having a business partnership with TmaxSoft.
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Article 3 – Validity and revision of the Terms of Use
- 1. The Terms of Use may be revised from time to time when required by changes to the operation of the TmaxSoft web site or when TmaxSoft deems the need for revision.
- 2. When TmaxSoft revises the Terms of Use, the effective Terms of Use along with the effective date will be available on the TmaxSoft web site. However, when revision entails contents that will affect users, at least 30 days notification will be provided for users before the effective date of the new terms. TmaxSoft will endeavor to give notice to the users in an easy to understand manner of the changes to the Terms and how it affects users.
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Article 4 – Service of use request
- 1. If users wish to use TmaxSoft’s member services, they must provide information requested by TmaxSoft for the membership registration.
- 2. All user information users provide us for membership registration process is treated as real data. If a user provides incorrect information in given, they might be forfeiting their legal rights and may be restricted on the use of the services.
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Article 5 – Establishing service usage contract
- 1. The service usage contract grants general membership when the user has agreed to the Terms of Use and requested registration. Customers and Partner member registrations will be authenticated before activating their online account. When this process is successfully completed, the user will be notified of their membership activation.
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Article 6 – Deletion of Information
TmaxSoft may delete any information provided by members without prior notice on the basis of any of the following criteria
- 1. If the content’s purpose is to defame a third party or other members
- 2. If the content violates public order
- 3. If the content is deemed to be an illegal act
- 4. If the content violates the copyright of TmaxSoft, or third party
- 5. If the content is adult content or links to adult content
- 6. If the content has the potential to infringe negatively on TmaxSoft’s profit
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Article 7 – Limitations and responsibility of service use
Use of the TmaxSoft web site for personal sales activities of a particular product is strictly prohibited without a written consent from TmaxSoft. Especially members cannot perform commercial acts, illegal distribution of content and such through hacking, money making, advertisement, or adult sites. Loss or forfeit of property and legal measures arising from violating this is outside of TmaxSoft’s responsibility.
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Article 8 – Limitation of service provisioning
TmaxSoft may delete any information provided by members without prior notice on the basis of any of the following criteria
- 1. TmaxSoft may restrict or stop part or the service in either of the following cases.
- ① If there is maintenance or work on any components related to providing the service
- ② Failure by 3rd parties responsible for electronic distribution of the service
- ③ In case of national emergency, power outage, failure of service equipments, or heavy load on service causes difficulty in continuing normal operation
- ④ Other events out of TmaxSoft’s control arise that are deemed to reduce the service experience.
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Article 9 – Responsibility of TmaxSoft
- 1. Unless a special reason is available, TmaxSoft will allow the use of services to its member from the moment of registration.
- 2. TmaxSoft will continuously strive to provide stable services in accordance to this Terms of Use. When equipment failures occur, TmaxSoft will be responsible for restoring service as soon as possible. However, in cases of natural disasters or other emergency situations, the services may be temporarily or completely stopped.
- 3. If TmaxSoft acts on complaints issued by its members regarding its services, it will process the complaints. However, if prompt processing poses hardship, the reason and the processing schedule will be notified to the members via email or land line communication.
- 4. TmaxSoft observes the contents of this Terms of Use and the service contents in relations to the member’s privacy protection.
- 5. TmaxSoft strives to provide the utmost convenience to the members in contract related processes and contents such as accepting contract of use, and change or termination of contracts.
- 6. TmaxSoft will cooperate fully to the requests of customer protection organization such as data storage and access.
- 7. TmaxSoft will maintain the security system to protect user’s personal information so the members and other users can use the internet service safely.
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Article 10 – Responsibility of Users
TmaxSoft may delete any information provided by members without prior notice on the basis of any of the following criteria
- 1. Users should adhere to the regulations, service usage guide, cautions, and other legally stated processes and contents by TmaxSoft stated in this Terms of Use, and users must not perform any act that will disrupt the operation of TmaxSoft.
- 2. Members should be careful with managing their account credentials, so unlawful use does not occur. Unless TmaxSoft claims responsibility, and it is responsibility of members to manage their TmaxSoft account credentials.
- 3. When a member discovers that his/her user id or password has been unlawfully used, he/she must report to the TmaxSoft web site immediately.
- 4. Members must not undertake commercial activities through TmaxSoft’s services without prior agreement by TmaxSoft. TmaxSoft is not responsible for the result of any such commercial activity that violates the Terms of Use by the member. When loss due to such commercial activity affects TmaxSoft, the member is obligated to pay for the losses to TmaxSoft
- 5. If members performed any of the following acts in relation to the Terms of Use, TmaxSoft can restrict or terminate the service use contract of the member. However, when TmaxSoft restricts of terminates one’s membership, the member will be notified of it beforehand to provide room to explain themselves, before membership is cancelled.
- ① Inappropriate use of other member’s personal information or account credentials such as email, user id, and password
- ② Any act duplicating or providing contents acquired from the use of the services to a third party for use in publication, distribution, commercial use without prior agreement from TmaxSoft
- ③ Any act posting contents that trespass on other’s patent, brand, confidential information, copyright or other intellectual property, or distributing such to others
- ④ Any act distributing via transmitting/posting/emailing of information/diagram/figures of adult/illegal contents that violate public order
- ⑤ Any act distributing to others information that can violate other’s privacy due to its insulting or threatening nature via transmission/posting/email or any other methods
- ⑥ Any act objectively deemed to be in association with crime
- ⑦ Any act collecting and/or storing personal information of members without agreement from TmaxSoft
- ⑧ Any act disrupting other’s use of TmaxSoft services, or other acts that threatens the TmaxSoft services or other electronic transaction regulation such as embezzlement of such information
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Article 11 – Termination
- 1. When members wish to terminate the service use contract (hereafter membership termination), they must access the TmaxSoft web site and request for termination of the service use.
- 2. TmaxSoft will restrict the use of services immediately once the termination request is accepted.
- 3. TmaxSoft may restrict membership registration for a certain period of time for the members whose membership has been terminated
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Article 12 – Range and request for damage compensation
- 1. In the event of a natural disaster or other external uncontrollable causes, TmaxSoft is not responsible for any loss to its services, damage or loss of member data stored on TmaxSoft’s servers caused by said event.
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Article 13 – Exceptional clauses
- 1. TmaxSoft is not responsible for any personal losses resulting from use of services, unless TmaxSoft is shown to be directly liable.
- 2. TmaxSoft does not take responsibility for service failure use resulting from a member’s error in using the services provided.
- 3. TmaxSoft is not responsible for any content members post or transmit through the website.
- 4. TmaxSoft is not in any part responsible for occurrences where the service provided by the TmaxSoft website is used as a medium to trade items between members or with a third party.
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Article 14 – Settling disputes
- 1. TmaxSoft and its website users will strive to resolve any dispute related to the service peacefully and to the satisfaction of all parties concerned.
