Terms of Use
1.1 WELCOME TO KOMEC'S BASIC SERVICE (hereinafter "Service").
The following sets forth the terms and conditions of the KOMEC Basic Membership Agreement
(hereinafter
"Agreement") between you and Korea Marine Equipment Global Service Center.( hereinafter "KOMEC") under
which KOMEC offers you
access to the Service through the web site identified by the uniform resource locator
www.shipsol.com(hereinafter "Site").
Any user of this Site who has registered for the Service shall be referred to as a "Member". Use of the Service
indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and
conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING
THE "I AGREE" CHECK BOX, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT,
KOMEC'S TERMS OF USE AGREEMENT [http://www.shipsol.com/fwd.to/help/terms_of_use] AND
KOMEC'S PRIVACY POLICY [http://www.shipsol.com/fwd.to/help/privacy_policy] AND KOMEC'S ANTI SPAM
POLICY [http://www.shipsol.com/fwd.to/help/spam_policy] WHICH ARE INCORPORATED HEREIN BY
REFERENCE (COLLECTIVELY REFERRED TO AS THE "KOMEC TERMS OF USE"). Terms not defined in
this Agreement shall bear the same meaning as that contained in the KOMEC Terms of Use.
1.2
KOMEC may amend this Agreement at any time by posting the amended and restated Agreement on the Site.
The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last
amended on Month, Day, Year. Posting by KOMEC of the amended and restated Agreement and your continued
use of the Service shall be deemed to be acceptance of the amended terms. Also, the amended and restated
Service will be applied retroactively to our Members. This Agreement may not otherwise be modified except
in writing by an authorized officer of KOMEC.
2.1
This Agreement and the KOMEC Terms of Use constitute the entire Agreement between each Member and
KOMEC and govern the use of the Service, superseding any prior written or oral Agreements in relation to the same
subject matter herein.
2.2
KOMEC and the Member are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this Agreement,
unless otherwise stated by KOMEC.
2.3
This Agreement shall be governed by the laws of the Location of KOMEC's Headquarter without regard to
its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of
the Location of KOMEC's Headquarter.
2.4
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced.
2.5
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of
such section.
2.6
KOMEC's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement
will not waive that right nor waive KOMEC's right to act with respect with subsequent or similar breaches.
2.7
KOMEC shall have the right to assign its obligations and duties in this Agreement to any person or entity.
3.1
The Service will be offered free-of-charge for an unspecified time period and has its core features(hereinafter
"Service Details"). The Service Details may be added to or modified, or suspended for scheduled or unscheduled,
from time to time at the sole discretion of KOMEC and will be posted on the Site. KOMEC does not take any
responsibility for your misunderstanding or registering with no recognition of the Service Details.
3.2
KOMEC may terminate all or part of the above Service Details at any time in its sole discretion. KOMEC reserves
the right to charge for the Service at any time in its sole discretion.
3.3
The Service is offered only to business or corporate entities (e.g. corporation, limited liability company, partnership,
sole proprietorship, etc.) that are capable of having a business name and business address.
3.4
KOMEC may issue a Member ID and Password (which may be chosen by the Member during registration) to each
Member to access the Service through such Member's Account. Each Member shall be solely responsible for
maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID
and Password. A set of Member ID and Password is unique to a single Account and no Member shall share,
assign or permit the use of its Account, Member ID or Password to another person outside of the Member's
business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple
users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable harm to
KOMEC and each Member shall indemnify KOMEC against any loss or damages (including but not limited to loss
of profits) suffered by KOMEC as a result of such multiple use of an Account. Each Member hereby undertakes to
notify KOMEC immediately of any unauthorized use of its Account, Member ID or Password or any other breach of
security. Each Member hereby agrees that KOMEC shall not be liable for any loss or damages arising from
the Member's failure to comply with this paragraph.
3.5
KOMEC reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related
functionalities or applications at any time temporarily or permanently without prior notice. KOMEC further reserves
the right to introduce new features, functionalities or applications to the Service or to future versions of the Service.
All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by
this Agreement, unless otherwise stated by KOMEC.
3.6
Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have
adverse effects on its business. Each Member hereby agrees that in no event shall KOMEC be liable to
the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or
termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any
communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect,
consequential or otherwise) arising from the use of or inability to use the Service.
4. Member Responsibilities
4.1
Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete
information about itself and its business references as may be required by KOMEC and (b) maintain and promptly
amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable,
perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to KOMEC to display and use
all information provided by such Member in accordance with the purposes set forth in this Agreement and to
exercise the copyright, publicity, and database rights you have in such material or information, in any media now
known or not currently known.
4.2
Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site
shall not:
(a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of
counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise
promote other illegal activities;
(b) be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;
(c) infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent,
trademarks, trade secret or other proprietary right or rights of publicity and privacy;
(d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing
export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
(f) contain information that is obscene or contain or infer any pornography or sex-related merchandising or any
other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
(g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) contain any material that constitutes unauthorized advertising or harassment (including but not limited to
spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to
civil liability, or otherwise violate any law or regulation;
(i) involve attempts to copy, reproduce, exploit or expropriate KOMEC's various proprietary directories, databases
and listings;
(j) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering
with, intercepting or expropriating any software or hardware system, data or personal information; and
(k) involve any scheme to undermine the integrity of the computer systems or networks used by KOMEC and/or any
user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or
networks;
(l) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement
or the KOMEC Terms of Use; or
(m) otherwise create any liability for KOMEC or its affiliates.
4.3
Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any
business referee, it has obtained all necessary consents, approvals and waivers from its business partners and
associates to (a) act as such Member's business referee; (b) to post and publish their contact details and
information, reference letters and comments on their behalf; and (c) that third parties may contact such business
referees to support claims or statements made about the Member. Each Member further warrants that all reference
letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be
obtained before third parties may contact the business referees.
4.4
Each Member acknowledges and agrees that KOMEC shall not be required to actively monitor nor exercise any
editorial control whatsoever over the content of any message or other material or information created, obtained or
accessible through the Service. KOMEC does not endorse, verify or otherwise certify the contents of any comments
or other material or information made by any Member. Each Member is solely responsible for the contents of their
communications and may be held legally liable or accountable for the content of their comments or other material
or information.
4.5
Each Member represents, warrants and agrees that it has obtained all necessary third party copyright or trademark
licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on
the Site or provides to KOMEC or authorizes KOMEC to display does not violate the copyright, trademark, trade
secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s)
of such rights.
4.6
Each Member may not use the Service to send spam or otherwise send content that would violate the Agreement.
4.7
If any Member breaches the representations, warranties and covenants of paragraphs 4.1, 4.2, 4.3, 4.4, 4.5 or 4.6
above, or if KOMEC has reasonable grounds to believe that such Member is in breach of such representations,
warranties and covenants, KOMEC has the right to suspend or terminate the Service and all Service Details with
respect to such Member without any compensation, and refuse any and all current or future use of the Service
or any other services that may be provided by KOMEC. Further, KOMEC reserves the right in it sole discretion to
remove any material it reasonably believes that is unlawful, could subject KOMEC to liability, violates
this Agreement or the KOMEC Terms of Use or is otherwise found inappropriate in KOMEC's opinion.
KOMEC reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third
parties in the investigation of any suspected criminal or civil wrongdoing. Further, KOMEC may disclose
the Member's identity and contact information, if requested by a government or law enforcement body, an injured
third party, or as a result of a subpoena or other legal action, and KOMEC shall not be liable for damages or results
thereof and Member agrees not to bring any action or claim against KOMEC for such disclosure. In connection with
any of the foregoing, KOMEC may suspend or terminate the Account of any Member as KOMEC deems appropriate
in its sole discretion.
4.8
Each Member agrees to indemnify KOMEC, its employees, agents and representatives and to hold them
harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis)
which may arise from its submissions, posting of information or deletion thereof, from such Member's use of
the Service or from such Member's breach of this Agreement or the KOMEC Terms of Use. Each Member further
agrees that KOMEC is not responsible, and shall have no liability to it or anyone else for any material posted
by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or
illicit material and that the risk of damage from such material rests entirely with each Member.
KOMEC reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by the Member, in which event the Member shall cooperate with KOMEC in asserting any
available defenses.
4.9
Member's information will be stored on our servers and KOMEC treats data as an asset that shall be protected and
use lots of tools (encryption, passwords, physical security, etc.) to protect Member personal information against
unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or
private communications, and other users may abuse or misuse Member's personal information that they collect
from the Site. Therefore, although KOMEC works very hard to protect Member's privacy, KOMEC does not promise,
and the Member should not expect, that your personal information or private communications will always remain
private.
5. Transactions between Buyers and Suppliers
5.1
Through the Site, KOMEC provides an electronic web-based platform for exchanging information between buyers
and suppliers of products and services. KOMEC does not represent the seller or the buyer in specific transactions
and does not charge any commissions from completing any transactions, unless otherwise stated by KOMEC.
As a result, KOMEC does not control and is not liable to or responsible for the quality, safety, lawfulness or
availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale
or the ability of buyers to complete a purchase.
5.2
Members are hereby made aware that there may be risks of dealing with people acting under false pretences.
KOMEC uses several techniques to verify the accuracy of the information our users provide us when they register
on the Site. However, because user verification on the Internet is difficult, KOMEC cannot and does not confirm
each user's purported identity (including, without limitation, KOMEC Paid Members). We encourage you to use
the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
5.3
Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using
the Site to conduct transactions, such risks shall include, but not limited to, mis-representation of products and
services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or
default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation
accidents ("Transaction Risks"). Each Member agrees that KOMEC shall not be liable or responsible for any
damages that may arise a result of or in connection with any Transaction Risks.
5.4
Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or
as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
5.5
In the event that any Member has a dispute with any party to a transaction, such Member agrees to release
and indemnify KOMEC (and our agents, affiliates, directors, officers and employees) from all claims, demands,
actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or
consequential damages) arising out of or in connection with such transaction.
6. Limitation of Liability
6.1
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND KOMEC HEREBY
EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
6.2
KOMEC MAKES NO WARRANTY OR REPRESENTATION AS TO THE LEGALITY, TRUTHFULLNESS, ACCURACY
OR COMPLETENESS OF ANY INFORMATION DISPLAYED THROUGH THE SERVICE BY A MEMBER. NEITHER
KOMEC NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR SUCH INFORMATION. FURTHER, KOMEC MAKES
NO WARRANTY OR REPRESENTATION AS TO AN ANY VERIFICATION RESULT. NEITHER KOMEC NOR ANY OF
ITS AFFILIATES SHALL BE LIABLE FOR ANY ERRORS OR OMISSIONS (WHETHER OR NOT NEGLIGENT,
INTENTIONAL OR OTHERWISE).
6.3
Any material downloaded or otherwise obtained through the Site is done at each Member's sole discretion and risk
and each Member is solely responsible for any damage to its computer system or loss of data that may result from
the download of any such material. No advice or information, whether oral or written, obtained by any Member from
KOMEC or through or from the Site shall create any warranty not expressly stated herein.
6.4
Under no circumstances shall KOMEC be held liable for an delay or failure or disruption of the content or services
delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable
control, including without limitation, Internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals or non-performance of third parties.
6.5
Each Member hereby agrees to indemnify and save KOMEC, its affiliates, directors, officers and employees
harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may
arise from such Member's use of the Site (including but not limited to the display of such Member's information on
the Site) or from its breach of any of the terms and conditions of this Agreement. Each Member further agrees that
KOMEC is not responsible and shall have no liability to it, for any material posted by others, including defamatory,
offensive or illicit material and that the risk of damages from such material rests entirely with each Member.
KOMEC reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall cooperate with KOMEC in asserting any available
defenses.
6.6
KOMEC shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any
damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption,
loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting
from any of the following:
(a) the use or the inability to use the Site;
(b) any defect in goods, samples, data, information or services purchased or obtained from a Member or
a third-party service provider through the Site;
(c) unauthorized access by third parties to data or private information of any Member;
(d) statements or conduct of any Member of the Site; or
(e) any matters relating to Paid Services however arising, including negligence.
7. Intellectual Property Rights
7.1
KOMEC is the sole owner or lawful licensee of all the rights to the Site and the KOMEC Content. The Site and
KOMEC Content embody trade secrets and intellectual property rights protected under worldwide copyright
and other laws. All title, ownership and intellectual property rights in the Site and KOMEC Content shall remain
with KOMEC, its affiliates or licensors of the KOMEC Content, as the case may be. All rights not otherwise claimed
under this Agreement or by KOMEC are hereby reserved.
7.2
"KOMEC" related icons and logos are registered trademarks or trademarks or service marks of KOMEC Network,
Inc. in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights
laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
APPENDIX
- This Agreement is revised & effected on July 1, 2011.