Terms of Service
This Terms of Service agreement (the “Agreement”) defines and explains conditions of usage, procedures about accessing or using Web-based 3D printer workflow software and any other relevant services provided by Metamorp Co., Ltd (the “Company”).
The “Service” refers to the web-based 3D printer workflow software, products, and services regarding 3D Model Data preprocessing provided by the Company.
The “Member” refers to an individual person, a company, or an organization that has submitted information requested by the Company, agreed on the Agreement, and completed Sign-Up process.
The “Website” refers to the Company’s website located at http://metamorp.cc, and all content, services, and products provided by the Company at or through the Website. It also refers to the Company-owned subdomains of http://metamorp.cc
“The User,” “You,” and “Your” refer to an individual person, a company, or an organization that has visited or is using the Website or the Company’s service.
“Nickname” s8erves as a Member’s identity for identification and provision of Service inside Website and is determined by a Member by oneself.
“Email” is collected by the Company for member identification and provision, which Member chooses and confirms.
The “Password” refers to the combination of letters and/or numbers which has been determined by a Member to protect one’s privacy and check the identification.
B. Effect of the Agreement and Changes to the Agreement
The Agreement is published by the Company at the bottom of the Website. However, details of the Agreement will be presented on the connected webpage.
We reserve the right, at our sole discretion, to amend the Agreement at any time and will update the Agreement in the event of any such amendments. We will notify our Members of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, notification will be posted on the Website, 7 days prior to the change till the day before the change taking effect.
Your continued use of the Website constitutes agreement to our revisions of the Agreement. Member can sign off from the Website when one does not agree to the change of the Agreement.
C. Applicable Laws
Except to the extent this Agreement provides otherwise, Act on the Consumer Protection In Electronic Commerce, etc, Act on the Regulation of Terms and Conditions and other applicable laws govern the relationship between the Company and members.
D. Provision of Service and Changes
Company provides services listed below:
Basic Service: free service relevant to the 3D printing including 3D model preprocessing.
Premium Service: paid service other than basic service, provided by the Company.
Changes to the service may occur due to business policies of the Company and the notification will be given, applying section B. 2. Herein.
It is prohibited without any license agreement that 3D Printer manufacturing and distribution agencies use the services listed on section D.1. herein for their profits. Services listed on section D.1. herein are available for end-users.
E. Duties of Members
The member shall take care of Nickname, ID and password and be responsible for every consequence of negligence, which release the Company from any and all claims, demands and damages of every kind and nature, know and unknown, arising out of or in any way connected with such disputes.
Member shall comply to Copyright Act, Patent Act, Trademark Act, Unfair Competition Prevention and Trade Secret Protection Act, Personal Information Protection Act and any other relevant regulations for your use of the service. Members located out of the reign of the Republic of Korea, shall comply applicable laws of its jurisdiction as well.
Member shall not upload, post, host or transfer any illegal contents of every kind and nature.
Member shall not extract from Website, any data without permission, using automized process.
F. Use of Service
Use of Service is available as the Company accepts admission of member. It can be delay due to the factors listed on Section H. herein.
Use of Service is available for 24 hours a day and 365 days a year unless any special occasion such as business or technical error occurs on the Company. It can be limited due to the factors listed on Section I. herein.
G. Pricing and Payment
The Company provided both free plan and paying plan and specified pricing terms will be explicit on separate services.
Pricing terms may be modified regarding the Company policies. We will notify our Members of the changes to the pricing terms, at least 30 days prior to the change taking effect.
The service is billed with payment methods suggested by the Company which is notified on the service page.
H. Stop of Service
The Company may temporarily stop Services for regular or temporary inspection for maintenance, repair or for other reasons, and we will make sure to give you advance notice within Services on such occasions. If Services are unexpectedly suspended, the Company will make its utmost efforts to figure out the possible causes and restore Services as soon as possible.
The Company may temporarily or permanently stop Services for below matters:
When common telecommunications business operator, defined in Telecommucation Business Act, stops telecommunication service.
Interference occurred from National disaster such as force majeure, war, blackout, error in service facility or website.
Erros in Hardware(Disk etc.), System error, interference with telecommunication corporation, common telecommunication business operator, electronic corporation, which cannot be anticipated.
Uncontrollable attack from outside, such as DDos.
In the case of action of members is used improperly due to DDos.
Emergency occurred due to security issues.
Apparent reasons to stop Services without prior notice.
I. Limitation of Use of Service
The Company may limit the use of Service in the case of following conditions:
User seems to input one’s identification with falsehood or steal other’s identification.
Breach of this Agreement and Service compliance.
Receive of monetary compensation in the consequence of assignment of rights of use of Services.
Breach of copyrights of the Company or any other 3rd party.
Defamation or libel about the Company or any other 3rd party.
Interference in the execution of the Company or any other 3rd party.
Posting or Linking information that is prohibited from transfer or posting, in compliance with Act on Promotion of Information and Communications Network Utilization and Information Protection Etc.
Use of Services by Minor under age 14.
Any case that breach any relevant regulations.
J. Termination of the Use of Service
Members may request for the termination of this Agreement at any time.
The Company may terminate the Services with advance notice, in the case of unavailability.
K. Protecting Personal Information
We use your personal information we collect only within the purposes and scope for which your consent is given to us to provide better services. Unless we get your consent or are otherwise permitted by law, the Company will never share your personal information with a third party, therefore any damages.
Exception – Company may provide your personal information in regard with below conditions:
Public order in compliance with relevant regulations.
Criminal investigation or request from Korea Communications Commission.
Sharing partial information to the extent of relevant banking matters.
For the purpose of marketing, statistics analysis or an academic investigation, which the individual person cannot be identified.
L. Collection of Usage data
Company may collect unindividualized meta-data listed below from Members once Members agree with the collection. Individuals shall not be identified with the collected data and used only for improvement of Services.
Utility Data : explanation of printers and facilities.
Material Data : information about material used in 3D printing.
Usage Data : services usage information.
M. Intellectual Property Notice
The Company and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service.
The Company agrees to indemnify paid users from and against any and all claims, liabilities, and expenses provided that relevant regulations govern, unless paid users are negligent.O. Waiver
The Company is not responsible any claims, liabilities and expenses occurred to free users and members are responsible for their use of Services.
Members agree to indemnify, defend, and hold the Company harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
The Company will not be liable to any party or nonparty for any act or failure to act on its part in connection with its performance under this agreement, except to the extent that as a result of its reckless disregard for the consequences of any such act or failure to act, or its intentionally causing those consequences, Processor causes any party or nonparty to incur damages.
P. Prohibition of Assignment of rights
You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Q. Intellectual Property Notice
Except to the extent applicable law provides otherwise, this Agreement between you and the Company and any access to or use of the Website or the Service are governed by the laws of the Republic of Korea without regard to conflict of law provisions.
You and the Company agree to submit to the exclusive jurisdiction and venue of the courts by Civil Procedure Act.