OPEN PORTAL WEBSITE
Terms Of Use
Chatper 1. General Terms
Article 1. Purpose
These OPEN PORTAL WEBSITE Terms of Use (“TOU”) outline the rights, obligations, and responsibilities of Open Portal Co., Ltd. (“Company”, “we”, or other cases of pronoun for we) and the Users.
Article 2. Definitions
1 The capitalized terms as used in TOU shall have the respective meanings ascribed to them below:
1. "Contents” : shall mean data or information expressed in symbols, characters, voice, sound, image, or video, etc. that are produced or processed in electronic form and displayed or offered on the Website
2. ID : shall mean the combination of numbers, letters, or symbols selected by a Member and approved by the Company for the identification of the Member and its use of Services
3. Member: shall mean any User who has explicitly agreed to TOU and has completed membership registration at the Website, including Individual Memer and Business Member
4. Individual Member : shall mean any individual who has agreed to TOU and has completed membership registraion at the Website
5. Business Member : shall mean any individual proprietorship or legal entity who has agreed to TOU and has completed membership registration at the Website
6. Non-Member: shall mean any User who has not been approved as a Member
7. PASSWORD: shall mean the combination of numbers, letters, or symbols selected by a Member to authenticate its identity and protect confidentiality of its Member information
8. Relevant Laws: mean any act, regulation, decree, rule, ordinance, or subordinate legislation currently in force in the Republic of Korea (“Korea”)
9. Services: shall mean the Website and the Contents offered or provided thereinshall mean the Website and the Contents offered or provided therein.
10.User: shall mean any person accessing the Website and/or using the Contents. A User may be a Member or a Non-Membershall mean any person accessing the Website and/or using the Contents. A User may be a Member or a Non-Member
11.Websiteshall mean the main corporate website owned and hosted by the Company (‘openportalexpo.com’)shall mean the main corporate website owned and hosted by the Company (‘openportalexpo.com’).
2 Any capitalized terms used but not defined herein, shall have the meaning ascribed under Relevant Laws. If nowhere defined, it shall take on the generally accepted meaning.
Article 3. Effectuation and Revision of TOU
1 TOU shall apply to any person who intends to use our Website or its Contents. If you do not agree to these TOU, please refrain from using our Website or its Contents.
2 TOU will be easily accessible from our Website for your convenience in checking and reviewing.
3 We may revise TOU within the legal boundaries of Relevant Laws, including, but not limited to, Act on the Regulation of Terms and Conditions, Act on Promotion of Information and Communications Network Utilization.
4 For any revision of TOU, we will publicly announce or notify the date of revision and the grounds for revision, together with the existing TOU, from at least 7 days prior to the date of revision until the day just before ("Notice Period”); provided, however, that in the event of a revision unfavorable to the Users, an extended Notice Period of 30 days, instead of the 7-day period, will be applied.
5 If you don’t agree to a revision of TOU, please request termination of your Usage Agreement if you are a Member, or desist from using the Services if you are a Non-Member. We will explicitly announce or notify that your implied consent to the revision of TOU will be presumed unless you communicate your rejection to the revision as above within applicable Notice Period. Absent your express rejection within Notice Period, your continued use of the Services past the date of revision, despite our warnings against not voicing your rejection, you will be deemed to have agreed to and accepted the revision.
6 Any matters not addressed herein or the interpretation of the terms hereunder shall conform to the Relevant Laws or generally accepted practices.
Chatper 2. Usage Agreement
Article 4. Membership Registration
1 A User (“Applicant”) may apply for membership by filling out the registration form provided by the Company on the Website after indicating his or her express consent to TOU (“Application”).
2 Upon approval of the Application by the Company, a contractual relationship between the Company and the Applicant that governs the Applicant’s use of the Services as a Member shall be deemed established (“Usage Agreement”).
3 The Company approves all Application except in the event or occurrence of the following, under which the Company may postpone or cancel approval:
1. approval not possible due to reasons attributable to the Applicant (e.g., failure to fill out all information requested in the registration form); asd
2. providing false information, impersonating another person, etc. during Application;
3. occurrence of force majeure events;
4. insufficient Service equipment or technical/operational issues;
5. Applicant in breach of the TOU; or
6. other instances where the Company finds it necessary to delay or cancel approval of Application based on financial, technical, or other justifiable grounds.
4 Usage Agreement shall become effective once the Company’s approval has been delivered to the respective User, at which point the User will be recognized as a Member.
Article 5. Membership Account
1 Members agree to provide the Company with accurate, complete, and updated information on their membership account.
2 Members are solely responsible for any activity in their membership account and for maintaining the confidentiality and security of their ID and PASSWORD.
3 The Company is not liable for any acts or omissions by Members in connection with their membership account.
Article 6. Membership Withdrawal
1 Members can request termination of their Usage Agreement on the Website by withdrawing their membership (“Membership Withdrawal”) at any time. The Company may verify Member identity before processing the withdrawal.
2 Upon Membership Withdrawal, we will delete all information pertaining to the respective Member unless required to retain such information under our privacy policy or Relevant Laws.
3 The Company may terminate Usage Agreement by advance notice stating the time and grounds for termination if the Member is in violation of its obligations hereunder; provided, however, if the Company has incurred damages arising from Member’s violation of Relevant Laws, willful misconduct, or gross negligence, the Company may terminate Usage Agreement without notice.
4 Members shall not engage in any of the following activities. The Company reserves the right to restrict usage, revoke membership eligibility, or delete membership account if a Member engages in any of them:
1. providing false information, impersonating another person, etc. when applying for membership or updating Member information;
2. sharing of a single membership account ID among multiple persons or using of multiple membership accounts by a single person for abusive purposes;
3. disrupting another person’s use of Services;
4. disrupting the Services by placing an undue burden on the Services, networks, or servers connected with the Services;
5. using tools such as bots, software, scripts, or other automatic devices that overload Website or cause harm to our system.
6. registering or disseminating in viruses, malware, worms, Trojan horses, malicious code, or other devices that could harm our technical infrastructure or system or that of our Users;
7. defamation, libel, fraud, harassment, threats, stalking, spamming, or vandalism;
8. unauthorized use of Contents infringing on copyrights, trademarks, patents, or other proprietary rights under Relevant Laws; or
9. engaging in activities which contravene Relevant Laws, the TOU, Usage Agreement, or our privacy policy, or which we deem to be contrary to social norms or common decency
Chapter 3. Services
Article 7. Provision of Services
1. Our Services as provided on our Website are as follows. Our Contents are subject to change in accordance with Company’s policies:
- Event Manual Download Service
2. For the provision of better Services, the Company may display within Services, or send to Members using e-mail addresses in their membership account, various information, including notices, management messages, other advertisements, etc. related to the use of the Services; provided, however, that advertising information will only be sent under prior consent of the Members.
Article 8. Suspension of Services
1. We reserve the right to suspend our Services, temporarily or permanently, whole or in part, with or without notice, in the event or occurrence of any of the following:
1. maintenance, inspection, replacement, or repair of equipment and facilities for information and communications (e.g., computers; collectively, “Equipment”), communication breakdowns, or justifiable operational grounds;
2. suspensions of services by facilities-based telecommunication businesses under the Telecommunications Business Act;
3. upon necessity of system inspections;
4. unavailability of Service due to reasons such as technical failures, third-party factors, national emergencies, wars, riots, terrorism, hacking, or DDOS.
5. necessity to discontinue provision of Services, in whole or in part, due to various factors, such as government orders, regulatory compliance, change in Service/Member policies, etc.;
6. normal use of Services impaired due to reasons such as power outage, equipment/facilities failure, or excessive usage; or
7. due to force majeure events.
2. We are neither liable nor responsible for any damages Members may incur due to suspension of Services, provided that such suspension is not a result of willful misconduct or gross negligence on our part.
3. If deemed necessary for provision of Services, we reserve the right to conduct regular inspections. Such inspections will take place in accordance with inspection schedules communicated and announced on Webpage.
Chapter 4. Obligation
Article 9. Obligation of Company
1. We are committed to safeguarding the personal information of Members in compliance with Relevant Laws such as Personal Information Protection Act. For specific details regarding the collection and processing of personal information, please refer to our privacy policy.
2 .We shall process opinions or complaints raised by Members in connection with the use of Services if we recognize that they are justified. We shall communicate results of the processing to the respective Members via email, etc.
Article 10. Obligation of Users/Members
1. Users shall comply with all matters stipulated under these TOU, any other regulations set by us, matters notified by us, and Relevant Laws.
2. Users shall not infringe on the intellectual property rights of ours, our Affiliates, or third parties including individual Users.
3. Users shall not engage in any of the following activities:
1. identity or information theft;
2. infringing upon copyrights or other intellectual property rights pertaining to us or third parties;
3. damaging the reputation or disrupting business operations of ours or third parties;
4. interfering with Services or any servers or networks related to the operation of Services;
5. copying, using from publication, broadcasting, etc. or providing to a third party information or data acquired from using Website;
6. any other illegal or unjustified behaviors; or
7. any other activities in violation of Relevant Laws, these TOU, operating policies, or detailed guidelines related to Services provided by us, such as matters we announce or notify.
4. Members are responsible for safeguarding of their ID and PASSWORD and shall not allow any third party to access or otherwise use the same.
5. If a Member suspects that his or her Account has been compromised or is being used by an unauthorized third party, the Member must promptly notify us and closely follow our instructions.
6. We are not responsible for any disadvantages suffered by the Member resulting from his or her failure to notify us or adhere to our instructions under paragraph (5) of this Article 10, unless they are due to our gross negligence or willful misconduct.
7. Members may not transfer or delegate their rights and obligations acquired from using Services to a third party, and may not use them as collateral.
8. Upon any changes to the member information submitted upon Application, the respective Member shall reflect them in its Account accordingly.
Article 11. Copyright Attribution
1. between the Company and the User, the intellectual property rights and other proprietary rights, as well as any other rights, titles, and interests in and to the Contents, including Event Manuals, solely pertain to the Company.
2. Users may not reproduce, transfer, publish, distribute, broadcast or other wise use the Contents for commercial purposes without the Company’s prior consent, and shall not allow any third party to use them.
Chapter 5. Limitation of Liability
Article 12. Limitation of Liability
1. The Company shall not be liable for any damages arising from Members’ selection or use of the Contents provided on the Website unless due to gross negligence or willful misconduct of the Company.
2. YOU AGREE AND UNDERSTAND THAT SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING SERVICES AND CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. ACCORDINGLY, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICES AND CONTENTS WILL BE FREE FROM
DEFECTS IN FACT OR LAW (INCLUDING, BUT NOT LIMITED TO, DEFECTS, ERRORS, BUGS, OR INFRINGEMENTS RELATED TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, SECURITY, ETC.)
3. THE COMPANY, AS WELL AS ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, AND PARTNERS, WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED UNDER RELEVANT LAWS.
Chapter 6. Dispute Resolution
Article 13. Damages
1. The Company will be liable for damages, losses, etc. incurred by Members resulting from willful misconduct or gross negligence of the Company, proportionate to their degree of fault.
2. A Member will be liable for damages, losses, etc. incurred by Company resulting from willful misconduct or gross negligence of the Member, proportionate to the Member’s degree of fault.
Article 14. Governing Law and Dispute Resolution
1. Any lawsuit between the Company and User shall be governed by the laws of Korea without giving effect to conflict of law principles.
2. Jurisdiction of lawsuits concerning any dispute between the Company and User shall be determined in accordance with Civil Procedure Act of Korea.
[Addendum]
1. These Terms shall become effective on and as of February 26, 2024.
