TSRIDIOPEN Terms of Use

Terms of Use

You are required to agree to these Terms of Use (hereinafter referred to as the “Terms of Use”) and register as our member prior to your use of the service TSRIDIOPEN (hereinafter referred to as the “Service”), which is the application for viewing CAD models including but not limited to view, share, and measure, operated and provided by TSRIDIOPEN Inc. (hereinafter referred to as “Tsridiopen”)..

▪  Article 1 Use of Service

1. The Terms of Use governs your use of the Service. The Terms of Use shall apply to every user who accesses or uses the Service (hereinafter referred to as the “User”), regardless of whether or not he or she is registered as a member with the Service.
2. All the materials in the Service including but not limited to photographs, illustrations, footage, music, and texts are the property of Tsridiopen or its licensor, and protected by intellectual property laws including the Copyright Act of local country. Unauthorized use thereof without obtaining proper permission or license is prohibited by those laws.
3. No User may download, reproduce, or otherwise use the contents available under the Service without execution of the License Agreement with Tsridiopen; provided
4. The data for comp available in the Service, whether with or without watermarks, may be used only for testing prior to the final use of the contents, such as checking the layout or construction etc. The watermark added in the data for comp may not be deleted without Tsridiopen’s approval. If the data for comp is used beyond the testing purpose, such use shall be regarded as breach of the Terms of Use or unauthorized use of the contents, and shall be subject to the cease and desist of use, payment of penalty, and compensation for damages etc.
5. The trademark, name, logotypes, and the like of the Service are sole property of Tsridiopen.

▪  Article 2 Service

1. Whenever Tsridiopen reasonably considers it necessary, Tsridiopen may change, suspend or discontinue all or part of the Service without prior notice to the User, or prior consent from the User, or without any liability to the User.
2. Whenever Tsridiopen reasonably considers it necessary, Tsridiopen may delete or change the Content provided by the User or any information associated thereto without prior notice to the User, prior consent from the User, or without any liability to the User.
3. Whenever Tsridiopen reasonably considers it necessary, Tsridiopen may revise, amend, change or update the Terms of Use, the License Agreement, and the Contributor Agreement (collectively hereinafter referred to as the “Terms of Use etc.”) according to its necessity. If Tsridiopen revises the Terms of Use etc., Tsridiopen shall notify the User of effective dates and details of amendments in advance. The User shall be deemed to have agreed to the latest version of the Terms of Use etc. if the User uses the Service after the effective date.
4. The User shall bear any and all the relevant communication expenses incurred by use of the Service such as receiving and sending e-mails and viewing websites by mobile phones or any other communication device.
5. Tsridiopen cannot guarantee, or accept any responsibility or liability for the accuracy or completeness of the Content provided in the Service, or the titles, captions or information incidental thereto, including but not limited to the indications about the status of copyright, portrait right, right of publicity, or any other proprietary rights in the Content. Upon submitting the Content and information to the Service, or upon purchasing and using the Content, each User and Member shall comply with the Terms of Use etc. and take all responsibility.

▪  Article 3 Prohibition on Use of Service

The User shall be prohibited from engaging in any of the following activities in using the Service:
1. To conduct any act which would infringe intellectual proprietary rights such as copyright, right of privacy or any other rights or interest of Tsridiopen, or any other third party including but not limited to, unauthorized use of the Content in the Service, and submission to the Service of any contents the rights of which belong to any other persons;
2. To enter fallacious or erroneous information in the Service;
3. To interrupt operation of the Service by unlawful conducts or nuisance through the internet such as providing computer viruses or reverse engineering;
4. To use the Service without authorization by entering any fallacious information or impersonating other person in the process of the registration or upon log-in;
5. To perform nuisance act vis-à-vis any other third party such as slandering, abusing, harassment, or threat;
6. To promote, induce, solicit, market or otherwise communicate vis-à-vis another User, the Member or any third party beyond the extent required with respect to product or service in the Service;
7. To conduct any act against public order and good morals, or any illegal, unlawful, or criminal act;
8. To conduct any other acts which Tsridiopen deems inappropriate.

▪  Article 4 Membership Registration

1. To use the Service, the User shall be required to accept and agree to the Terms of Use etc., and complete membership registration procedure designated by Tsridiopen.
2. If any User who has applied for, or completed the membership registration falls under any of the following causes in addition to the provision of paragraph 6 of Article 1 hereof, Tsridiopen may refuse or cancel the User’s application or registration at any time without any liability to the User. Also Tsridiopen shall not be obligated to disclose the reason of such refusal or cancellation to the User and the User shall not take objection to Tsridiopen’s decision.
2.1 If Tsridiopen determines at its sole discretion that the User has breached or is likely to breach the Terms of Use etc.;
2.2 If the registered information is found, in whole
or part, to be fallacious, erroneous, or defective;
2.3 If the registration of the User has been once cancelled by Tsridiopen;
2.4 If Tsridiopen determines that the Member is antisocial forces or any equivalent thereof, or Tsridiopen determines that the Member is involved in antisocial forces or any equivalent thereof;
2.5 If otherwise Tsridiopen determines that the Member is inappropriate as the Member.
3. The Member shall not transfer, rent, change the name of, grant security interest on or otherwise dispose of the registered e-mail address, password, and status as the Member, and the rights and obligations granted hereunder or the right to receive the Service.
4. The membership registration procedure requires the User’s entry of registered e-mail address and password. If Tsridiopen recognizes the match between such registered e-mail address and password, it shall be deemed by Tsridiopen that the login and use thereof has been conducted by the Member who has been registered as the holder of the registered e-mail address and password. Each Member shall keep strictly private and confidential the registered e-mail address and password.
5. Tsridiopen shall not be liable for any damages incurred by the User arising out of or in relation to the use of his or her registered e-mail address or password by any third party regardless of existence of the User’s negligence.
6. The Member shall forthwith notify Tsridiopen of any change of registered information such as e-mail address. The Member shall register with Tsridiopen contact information which enables Tsridiopen to contact the Member at any time, and at Tsridiopen’s inquiry, the Member shall forthwith respond thereto.
7. Tsridiopen shall not be liable for detriment to the User caused by the User’s failure to notify Tsridiopen of change of the registered information as set forth in the preceding paragraph.

▪  Article 5 Personal Information

Tsridiopen shall take appropriate measures in its handling of personal information based on Tsridiopen’s Privacy Policy, and the User shall agree to the handling of his or her personal information in accordance with Tsridiopen’s Privacy Policy.

▪  Article 6 Measures to be taken in the Event of Breach of Terms of Use

1. In cases of breach of the Terms of Use etc. by the User, including but not limited to, unauthorized use of the Content and failure of payment, Tsridiopen is entitled to take necessary measures, at its sole discretion, against the breaching User, such as request for payment of penalty separately designated by Tsridiopen, ceasing and desisting use of the Content or the Service, withdrawal from the membership, claim for compensation for damages including reasonable attorney’s fees, and the like.
2. Tsridiopen shall not be liable for any of claims or liabilities with any third party arising out of or in relation to the User’s breach of the Terms of Use etc. including but not limited to unauthorized use of the Content. The breaching User shall be solely liable to deal with such claims or liabilities on his or her own responsibility and at his or her own expenses, and shall warrant and agree to keep and hold Tsridiopen harmless from and against any and all damage related thereto.
3. In the event that Tsridiopen has incurred any damage out of or in relation to such legal demand filed against Tsridiopen as set forth in the preceding paragraph, the breaching User shall indemnify Tsridiopen for and against any and all damage and expenses related thereto incurred by Tsridiopen in order to deal with the same including any reasonable attorney’s fees.
4. If Tsridiopen considers it necessary after finding that the User has breached the Terms of Use etc., or finding the threat thereof, Tsridiopen may disclose to the third party involved in the dispute or claim due to the User’s breach, the User’s contact address or any other information that Tsridiopen possesses concerning the User.
5. If Tsridiopen receives report about breach of the Terms of Use etc. for any of Content or use thereof, Tsridiopen will make reasonable effort to take the best measures in order to cure such breach and reserves the right to determine at its own discretion what measures to be taken by Tsridiopen.

▪  Article 7 Disclaimer

1. Tsridiopen warrants that Tsridiopen has obtained from the Member a warranty that the Content available in the Service does not infringe copyright, portrait right or any other third party’s rights.
2. TSRIDIOPEN MAKES NO WARRANTY OF CORRECTNESS OR COMPLETENESS REGARDING INFORMATION MATERIAL RELATED AND INCIDENTAL TO THE CONTENT SUCH AS TITLES OR KEYWORDS IN THE SERVICE.
3. TSRIDIOPEN SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE ARISING OUT OF OR IN RELATION TO ERROR OR TROUBLE OF TECHNICAL ENVIRONMENT RELATED TO THE SERVICE INCLUDING BUT NOT LIMITED TO COMPUTER SYSTEM TROUBLE AND FALSE DISPLAY INCIDENTAL THERETO.
4. TSRIDIOPEN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF DATA OF THE CONTENT SUBMITTED TO TSRIDIOPEN INCLUDING BUT NOT LIMITED TO THE DATA OF IMAGES, FILES, AND TEXT, AND DATA OF INFORMATION INCIDENTAL THERETO. EACH USER SHALL PREPARE AND MAINTAIN THE BACKUP OF SUCH DATA BY HIM OR HERSELF.
5. TSRIDIOPEN SHALL NOT WARRANT THAT THE SERVICE, ITS SERVER, THE CONTENT AND ANY E-MAILS TRANSMITTED FROM THE SERVICE DO NOT TRANSMIT ANY OF COMPUTER VIRUS, SPAMS OR ANY OTHER HARMFUL ELEMENT.
6. IN NO EVENT SHALL TSRIDIOPEN BE LIABLE FOR ANY DISPUTE WITH ANY THIRD PARTY OR ANY DAMAGE RELATED THERETO ARISING OUT OF OR IN RELATION TO THE TERMS OF USE ETC., THE SERVICE, THE CONTENT, LICENSE GRANTED HEREUNDER, TRUST, ACCESS, USE, NON-USE, DELAY RELATED THERETO AND THE LIKE.
7. THERE MAY BE CASES IN WHICH TSRIDIOPEN PROVIDES THE SERVICE WITH ANY EXTERNAL SERVICES PROVIDED BY ANY OTHER COMPANY. IN SUCH CASE, THE USER AGREES TO USE SUCH EXTERNAL SERVICES ON HIS OR HER OWN RESPONSIBILITY AND AGREES THAT TSRIDIOPEN SHALL NOT BE LIABLE TO ANY DAMAGE ARISING OUT OF OR IN RELATION TO THE USER’S USE OF SUCH EXTERNAL SERVICES. IN USING SUCH EXTERNAL SERVICES, THE USER SHALL COMPLY WITH ANY OF TERMS AND CONDITIONS PROVIDED BY SUCH EXTERNAL SERVICES.
8. If any provision of the Terms of Use etc. is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use etc. shall remain in full force and shall not be impaired.

▪  Article 8 Withdrawal from Membership

1. The Member is entitled to cease the use of the Service at any time in accordance with the membership withdrawal procedure which has been separately designated by Tsridiopen and the Terms of Use etc.; provided, however, that the Member shall not withdraw from the Service if any of the prices remains unpaid. Also the Member agrees that Tsridiopen may require a prescribed amount of time after withdrawal procedure has been completed for those changes to be reflected on the system.
2. Upon application for withdrawal, the Member’s account is closed and any and all the functions therein become unavailable to the Member. Any and all the prepaid credits (hereinafter referred to as the “Prepaid”) then possessed by the Member become invalid.
3. In the event that the Member falls or may fall under any of the following causes in Tsridiopen’s judgment, Tsridiopen may, at its sole discretion, enact the withdrawal procedure of such Member without prior notice to, or approval of such Member. Tsridiopen is not be obligated to disclose to the Member the reason why his or her membership has been withdrawn:
3.1 If Tsridiopen reasonably considers at its own discretion that the Member falls or may fall under any causes as set forth in paragraph 2 of Article 4;
3.2 If the Member deceases;
3.3 If the account of the Member remains unlogged for more than one (1) year;
3.4 If the Member withdraws from the Organization pursuant to the provision of the paragraph 9 of the Article 4 hereof; or
3.5 If otherwise Tsridiopen considers the Member to be inappropriate as the Member.
4. As a result of withdrawal from membership in accordance with the provisions in this Article, the agreement existing between the Member and Tsridiopen, such as the Terms of Use and any other agreements executed between the Member and Tsridiopen shall be terminated and the Member shall forfeit all rights to use the Service.
5. Even if the Member withdraws from the membership, Tsridiopen shall have no liability to refund money collected by Tsridiopen related to the Member.
6. Even after the Member’s withdrawal from the membership, for the purpose of the Service provision, Tsridiopen may keep and utilize the Member’s registration information that has been collected by Tsridiopen during the effective term of the membership, the Content, and its related information for a period designated by Tsridiopen.
7. After the Member’s withdrawal, except in case of withdrawal due to the causes as set forth in paragraph 4 of this Article, the Member may, unless the Content is used in a manner breaching the Terms of Use etc.

▪  Article 9 Suspension or Discontinuation of Service

Tsridiopen reserves the right to suspend or discontinue operation of the Service without prior notice to the Member for any of the following reasons. Tsridiopen shall have no liability for any damage caused to the Member as a result of such suspension or discontinuation conducted in accordance with the following reasons:
1. Periodic or emergency maintenance of equipment or system used in provision of the Service;Breakdown of equipment or system used in provision of the Service;
2. Natural disasters such as earthquakes, volcanic eruptions, floods or tsunamis, wars, conflicts, riots, civil commotions, labor disputes, fires, blackout and other unexpected incidents or accidents, or force majeure which prevents the Service from being provided; or
3. Other causes in which suspension or discontinuation of the Service is deemed necessary for operational or technical reasons.

▪  Article 10 Communication / Notice

Any and all the notices provided by Tsridiopen to the User hereunder shall be made by posting in the Service or by e-mails and so forth. Such notices shall be deemed to have been effectively delivered upon the timings as designated below respectively:
1. When Tsridiopen posts the notice in the Service;
2. When Tsridiopen dispatches the notice by e-mail to the address registered pursuant to paragraph 4 of Article 4.

▪  Article 11 Business Transfer etc.

If Tsridiopen has assigned and transferred the business regarding the Service to a third party, Tsridiopen may assign and transfer the contractual status, rights and obligations under the Terms of Use etc. as well as information of the Member including other clients’ information to the assignee of such business transfer, As used herein, the business transfer as referred to above include a split of the company or any other form of restructuring of company that would result in a business transfer, in addition to the usual form of business transfer.

▪  Article 12 Consultation

The User, Tsridiopen and any third party shall enter into good faith consultation and negotiation with each other for resolution of any questions relating to, or problems arising from the Service.

▪  Article 13 Language

The Terms of Use etc. shall be executed in and controlled by English language for the User who has agreed to the English version of the Terms of Use etc. Any translation in any other language shall be for convenience of reference only and shall have no binding effect between Tsridiopen and the User who has agreed to the English version of the Terms of Use etc.

▪  Article 14 Governing Law and Court of Jurisdiction

1. Any legal problems relating to the Service shall be governed by the laws of Local district; provided.
2. In the event of doubts or disputes not being solved through consultation as described in the preceding Article 13, all lawsuits arising in connection with the Terms of Use etc. shall be submitted to the exclusive jurisdiction of the Beijing District Court of Local district in the first instance.

▪  Article 15 Account Cancellation

Members can cancel your account in Tsridiopen App or email 3d@tsridiopen.com to cancel your account. Tsridiopen will cancel the account in 3 working days.

As of April 13, 2023