DEEPX Terms of Use
By accessing or using the Site, each User agrees to comply with the following terms and conditions. We kindly ask you to read these Site Terms of Use carefully before proceeding.
1. Agreement to Terms
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE SITE TERMS OF USE OR IF YOU LACK THE LEGAL CAPACITY TO ENTER INTO SUCH TERMS, YOU ARE HEREBY REQUESTED TO REFRAIN FROM ACCESSING OR USING THE SITE.
Please be advised that the Site is intended solely for individuals who are eighteen (18) years of age or older. If you are under the age of 18, you must refrain from accessing or using the Site.
2. The Site and the Services we offer
Please acknowledge that these Site Terms of Use govern exclusively your access to and use of the Site. For the avoidance of doubt, these Site Terms of Use shall not, under any circumstances, apply to the use of the Solution, or to any other products or services provided by us, which shall be governed solely by the applicable subscription terms.
3. Modification of our Site
4. Representations, Warranties, and Undertakings of the User
- You possess the requisite knowledge, expertise, and judgment necessary to evaluate the suitability of using the Site and to determine the extent to which you may rely on any information, content, or features made available therein;
- You acknowledge and agree that you shall not solely or fundamentally rely upon any information, content, or features provided on or through the Site for making any decisions or taking any actions;
- Your acceptance of and compliance with these Site Terms of Use does not and will not constitute a breach of, conflict with, or otherwise violate any agreement, contract, obligation, law, rule, regulation, order, or judgment to which you are subject or by which you are bound;
- You further acknowledge and agree that you bear sole and exclusive responsibility for ensuring full compliance with all applicable laws, rules, and regulations in connection with your use of the Site, and you shall refrain from engaging in any conduct that would constitute a breach or violation of these Site Terms of Use.
5. Restrictions on Use
- (i) Copying, reproducing, distributing, adapting, translating, reverse engineering, decompiling, disassembling, modifying, or otherwise creating derivative works from any part of the Site, the Content (as defined below), or any information relating to the Company’s systems, products, services, technology, or any associated materials, including but not limited to contact information, videos, text, logos, button icons, images, data compilations, links, documentation, graphics, intellectual property, or any related elements (collectively, the “Content”);
- (ii) Using, modifying, transferring (whether by sale, resale, license, sublicense, download, or otherwise), reproducing, distributing, displaying, disclosing, or creating derivative works based on the Content;
- (iii) Making any use of the Site or the Content on any other website, platform, or networked computer environment other than the Site itself, or replicating or copying the Content in any manner;
- (iv) Disrupting or interfering with the operation of the Site, its servers, or the networks connected thereto;
- (v) Utilizing or deploying any automated system, including but not limited to “robots” or “spiders,” to access the Site, or engaging in activities that infringe upon or violate the rights, including privacy rights, of other users, or collecting information about visitors or users of the Site through any manual or automated means, including scraping, data mining, or similar activities;
- (vi) Circumventing, disabling, or otherwise interfering with any security-related features of the Site, or features that prevent or restrict the use or copying of any Content, or that enforce limitations on the use of the Site or its Content, including but not limited to engaging in or assisting with distributed denial-of-service (DDoS) attacks or any form of network hijacking;
- (vii) Creating a browser or border environment (including framing or inline linking) around the Site or any portion of the Content;
- (viii) Engaging in any conduct that defames, harasses, stalks, threatens, or otherwise violates the legal rights of others;
- (ix) Transmitting or making available any viruses, worms, Trojan horses, time bombs, spyware, malicious code, or any other harmful, disruptive, or invasive code or component that may impair, damage, or hijack the operation of any hardware, software, telecommunications equipment, or the Site itself;
- (x) Framing or mirroring any part of the Site or its Content without the prior express written authorization of the Company;
- (xi) Systematically downloading, harvesting, or storing the Content or any part thereof for the purpose of creating a database or similar resource;
- (xii) Using the Site or the Content for any unlawful, immoral, unauthorized, or prohibited purposes;
- (xiii) Utilizing the Site or the Content for any non-personal, commercial, or other unauthorized purposes unless expressly permitted by the Company in a prior written agreement.
6. Interactive Forums and Communication Platforms
From time to time, we may, at our sole discretion, make available on the Site various interactive features, including but not limited to blogs, message boards, community forums, chat rooms, or similar platforms (each, a “Community”). We do not undertake any obligation to monitor, moderate, or provide support for any such Community on a regular basis and expressly disclaims any responsibility in connection therewith. We further reserve the right, at any time and without prior notice, to modify, suspend, or permanently discontinue any Community feature, in whole or in part.
We may, but shall not be obligated to, review, utilize, delete, refuse, relocate, or provide support for any content, including without limitation software code, text, images, or other materials (collectively, “Submitted Content”), submitted by users to any Community, at our sole discretion. You acknowledge and agree that you shall be solely responsible for evaluating and assessing any Submitted Content made available through the Community, and you shall bear all risks associated with any reliance thereon or use thereof. Furthermore, you shall be solely responsible for any Submitted Content that you submit to any Community.
We expressly disclaim any and all responsibility or liability with respect to any Submitted Content. All Submitted Content shall be deemed and treated as User Shared Content (as defined below). Any reference to specific commercial products, processes, or services within any Submitted Content shall not be construed as an endorsement, sponsorship, or recommendation by the Company.
The views and opinions expressed within any Submitted Content do not necessarily reflect those of the Company. Such Submitted Content may be used for commercial purposes, including but not limited to advertising or product endorsements.
By submitting any Submitted Content to a Community, you hereby grant to all other Community participants and the general public a perpetual, non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, distribute, transmit, publicly perform, publicly display, modify, translate, create derivative works from, and reformat such Submitted Content in accordance with these Site Terms of Use, without any obligation of attribution.
7. Product Descriptions and Accuracy of Information Provided
8. Intellectual Property Rights
The Site, including all content contained therein, as well as all intellectual property rights associated therewith — including, without limitation, inventions, patents, patent applications, trademarks, trade names, service marks, copyrightable materials, trade secrets, logos, whether registered or registrable (collectively, the “Intellectual Property“) and all derivative works thereof — are the sole and exclusive property of DEEPX and/or its licensors. Such Intellectual Property is protected under applicable intellectual property laws, international treaties, and conventions.
Except as expressly authorized under these Site Terms of Use, you shall not, directly or indirectly, and shall not permit any third party to: copy, reproduce, distribute, publicly display, perform, make available to the public, decompile, disassemble, adapt, sublicense, commercially exploit, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify, or create derivative works of any material or content that is proprietary to the Company or its licensors, including any Intellectual Property.
You are further prohibited from removing, altering, or obscuring any copyright, trademark, proprietary rights notices, symbols, or legends (including ©, ®, ™) embedded in or accompanying any content on the Site. You expressly represent, warrant, and agree to comply with all applicable laws and regulations in this regard.
We welcome feedback, suggestions, comments, materials, ideas, drawings, concepts, and other information you may submit regarding the Site and/or the Solution (collectively, the “Feedback“). By providing such Feedback, you hereby irrevocably grant DEEPX an exclusive, royalty-free, fully paid-up, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, create derivative works of, incorporate into its products or services, distribute, perform, display, and otherwise exploit such Feedback, without restriction and without any further compensation or approval from you. You acknowledge and agree that all such Feedback shall be deemed non-confidential. You further represent and warrant that any such Feedback is free of any third-party rights or obligations that would impose any restriction on the Company’s use thereof.
Except with respect to financial or personally identifiable information as governed by the Site’s Privacy Policy, any material or information you transmit or submit through or in connection with the Site, including any materials posted in a Community (as defined herein) (“User Shared Content“), shall be deemed non-confidential and non-proprietary. By submitting such User Shared Content, you hereby grant the Company an unrestricted, irrevocable, perpetual, royalty-free, worldwide license to use, reproduce, distribute, modify, adapt, publicly display, perform, and otherwise exploit such content for any purpose.
You further acknowledge and agree that DEEPX shall be free to utilize any ideas, concepts, know-how, or techniques contained within any User Shared Content for any purpose whatsoever, including but not limited to the development, production, marketing, and sale of products and services, without any compensation or obligation to you or any other person contributing to such content, subject always to the terms of the Site’s Privacy Policy. You expressly represent and warrant that you either own all rights, title, and interest in and to the User Shared Content or otherwise possess all necessary rights, licenses, and permissions required to grant the rights granted herein, and that the Company’s use of such content will not infringe upon or violate the rights of any third party.
9. Third-Party Content and External Sources
The Site may contain links to, enable access to, or otherwise allow the use of content, information, materials, products, or services originating from third-party sources (collectively, “Third-Party Sources” and “Third-Party Content“), which are not owned, operated, or controlled by the Company. Such Third-Party Sources may include, without limitation, third-party websites, platforms, service providers, or other entities.
We are not affiliated with, do not endorse, and exercise no control over any Third-Party Sources or Third-Party Content. We hereby expressly disclaim any and all responsibility or liability for the content, accuracy, terms of use, privacy policies, practices, or actions of any Third-Party Sources. Users are strongly advised to review the applicable terms of use and privacy policies of any Third-Party Source prior to engaging in any interaction or transaction therewith.
We do not sponsor, endorse, or assume any responsibility for any advertisements, promotions, marketing campaigns, products, services, or other materials made available or communicated through any Third-Party Content or by any Third-Party Source.
Your access to, interaction with, and reliance upon any Third-Party Source or Third-Party Content is entirely at your own risk. You acknowledge and agree that you shall be solely responsible and liable for any such interaction or engagement.
You hereby expressly waive and release the Company from any and all claims, demands, causes of action, damages, losses, or liabilities, whether legal or equitable, arising out of or relating to your access to, use of, or reliance upon any Third-Party Source or Third-Party Content.
In the event of any inquiry, dispute, or complaint concerning a Third-Party Source or any Third-Party Content, you agree that your sole and exclusive recourse shall be to directly contact the relevant Third-Party Source.
10. Availability and Functionality
11. Right to Access, Preserve, and Disclose Information
- (i) comply with any applicable law, regulation, legal process, subpoena, or governmental request;
- (ii) enforce DEEPX Website Terms, including the investigation of any suspected or alleged violations thereof;
- (iii) detect, prevent, or otherwise address fraud, security breaches, or technical issues;
- (iv) respond to user inquiries or support requests; or
- (v) protect the rights, property, or safety of DEEPX, its users, or the general public.
12. Privacy
13. Disclaimer of Warranties
The Site, including without limitation all content, information, technical support, and services made available therein, is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
To the maximum extent permitted under applicable law, DEEPX expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, reliability, quality, suitability, completeness, truthfulness, usefulness, effectiveness, merchantability, title, fitness for a particular purpose, non-infringement, and any warranties arising by statute or otherwise in law, or from a course of dealing, usage, or trade practice.
DEEPX does not warrant or guarantee that the Site will operate uninterrupted, error-free, or free of bugs, security breaches, or virus attacks. The Site may become unavailable from time to time due to maintenance, upgrades, or other reasons beyond DEEPX’s control.
You expressly agree that DEEPX shall not be liable for any consequences, losses, or damages arising from technical issues related to the Internet, slow connections, traffic congestion, server overload (whether ours or a third party’s), or any other technical failures.
Furthermore, DEPX does not warrant, endorse, or guarantee any content, products, or services that may be featured, advertised, or otherwise made available by third parties through the Site.
14. Limitation of Liability
To the fullest extent permitted by applicable law, DEEPX, including its officers, directors, shareholders, employees, subcontractors, agents, and representatives (collectively, the “DEEPX Parties“), shall not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of data, revenue, profits, business opportunities, or reputation, arising out of or in connection with the use of, or inability to use, the Site, the Content, or any information obtained therefrom. Such exclusion of liability shall apply regardless of the legal theory upon which the claim is based, including but not limited to contract, tort (including negligence), strict liability, breach of warranty, or otherwise, even if DEEPX has been advised of the possibility of such damages.
Certain jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages; therefore, the above limitation may not apply to you.
No action, regardless of form, arising out of or related to these Terms may be brought by you more than one (1) year after the cause of action has accrued.
In any event, the aggregate liability of DEEPX for any damages arising under these Terms or in connection with your use of, or inability to use, the Site shall not exceed the total amount of fees, if any, paid by you to DEEPX for access to the Site during the three (3) months immediately preceding the event giving rise to such liability, or U.S. One Dollar ($1.00), whichever is greater.
15. Indemnification
You hereby agree to defend, indemnify, and hold harmless DEEPX, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnified Parties“) from and against any and all claims, demands, damages, losses, liabilities, obligations, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to:
- (i) your access to or use of the Site, or your inability to access or use the Site;
- (ii) your breach of any provision of these Site Terms of Use;
- (iii) any damage, whether direct, indirect, special, consequential, or otherwise (including but not limited to any infringement of third-party rights), caused by your negligence or willful misconduct;
- (iv) any claim for financial or other compensation arising from any decision made or not made, or any action taken or not taken, based on the Content or other information obtained through the use of the Site; and
-
(v) your violation of any applicable law, regulation, or third-party rights.
Such indemnification obligations shall survive the termination or expiration of these Site Terms of Use and your use of the Site.
16. Term and Termination
In the event that you object to any term or condition set forth in these Site Terms of Use, any subsequent modifications thereto, or if you become dissatisfied with the Site for any reason, your sole and exclusive remedy shall be to immediately cease all use of the Site.
Upon termination of these Site Terms of Use, you shall immediately discontinue all use of the Site. Notwithstanding any termination of these Site Terms of Use, the provisions of Sections 8, 12, 13, 14, 15, 16, 17, 18, and 19 shall survive such termination and remain in full force and effect.
17. Changes to these Terms
Material changes shall become effective seven (7) days following the date on which notice is provided via the Site and/or email, as applicable. All other changes shall become effective as of the date stated in the “Last Revised” notation at the beginning of these Site Terms of Use. Your continued use of the Site following the effective date of any changes shall constitute your acceptance of and agreement to be bound by the revised Site Terms of Use.
18. General
Nothing in these Site Terms of Use shall be construed as creating any partnership, joint venture, agency, fiduciary, or employment relationship between you and DEEPX. The parties acknowledge that they are acting independently and not as agents of one another.
You may not assign, delegate, or otherwise transfer your rights or obligations under these Site Terms of Use without the prior written consent of DEEPX. Any attempted assignment or transfer in violation of the foregoing shall be null and void. DEEPX may assign these Site Terms of Use, or any rights or obligations hereunder, without restriction or notice to you.
DEEPX reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect or feature of the Site at any time without prior notice or liability.
These Site Terms of Use and the relationship between you and DEEPX shall be governed by, and construed in accordance with, the laws of the Republic of Korea, without regard to its conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the competent courts located in Seoul, Republic of Korea, and waive any objection as to inconvenient forum or lack of personal jurisdiction. Notwithstanding the foregoing, DEEPX retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction.
These Site Terms of Use constitute the entire agreement between you and DEEPX with respect to the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations, conditions, covenants, negotiations, or communications, whether oral or written, between the parties relating to the Site.
If any provision of these Site Terms of Use is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction, such provision shall be severed from these Site Terms of Use and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.
No waiver by either party of any breach or default under these Site Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any right or remedy provided under these Site Terms of Use shall not constitute a waiver of such right or remedy.
You further acknowledge and agree that you are not relying upon any representation, warranty, promise, inducement, or duty of disclosure made by DEEPX in entering into these Site Terms of Use, except as expressly set forth herein.