Membership terms and conditions

 

The SMK technical information downloading site (hereinafter referred to as "the Site") is managed by SMK Corporation (hereinafter referred to as "the Company"). The Site is a service that provides technical information to users (hereinafter referred to as "Members") approved under the following terms of use (hereinafter referred to as "the Rules"). Users who have registered personal information with the Site shall be approved under these rules.

 

Article 1 (Member Registration)

1.
Users who enter and transmit information to register with the Site (hereinafter referred to as "the Registration Information") may apply to join the Site.
2.
The Company may refuse membership to applicants who correspond with or it is believed may correspond with any of the following events. The Company shall not be obliged to explain the reason for any such refusal.
(1)
If all or part of the member registration information contains any falsehoods, errors or omissions;
(2)
If total or partial use of the Site by the applicant has been terminated or that applicant's member registration has previously been erased due to breach of the Rules or any other reason;
(3)
If the applicant is already a Member;
(4)
If the applicant belongs to a company that has a competitive relationship with the Company;
(5)
If the applicant belongs to or has belonged to a group that takes part in or is associated with antisocial activism; or
(6)
If the Company decides that it would be inappropriate to allow the applicant to use the Site.

 

Article 2 (Change of Registration)

1.
Members shall promptly notify the Company following the designated procedures if there is a change to the Registration Information.

 

Article 3 (Cancellation of Registration)

1.
When Members wish to cancel registration, the Company will stop providing the services through the Site upon completion of the Company's designated cancellation procedures. Members can do this by logging-into the site and then completing the cancellation procedure from Membership information modification or by e-mailing the office address stated in Article 6 paragraph 6. Once registration has been canceled, those former members will lose the right to access the Company's technical information and will promptly delete any such information it possesses.
2.
After canceling registration, your provided member information will be completely deleted. On the other hand, those former members will lose the right to access the Company's technical information and will promptly delete any such possessed information.
3.
The Company may undertake registration cancellation procedures if Members correspond with or it is believed may correspond with any of the following events.
(1)
If it is believed that a member corresponds with Article 1 (2) after that user's membership application was approved;
(2)
If there has been notification of a change of registration information by a member and it is believed that the details of that change correspond with Article 1 (2); or
(3)
If the electronic mail sent to the e-mail address of a member by the Company does not arrive.
4.
The Company shall assume no responsibility if damages are incurred by Members or third parties as a result of measures taken in accordance with paragraph 2 of this Article.
5.
The duties of Members relating to information obtained by accessing the Site shall continue even after registration has been canceled.

 

Article 4 (Management of IDs and Passwords)

1.
IDs may only be used by the member concerned and shall not be disclosed, transferred, loaned or sold to a third party.
2.
Members shall be individually responsible for managing IDs and passwords, and the Company shall not assume any responsibility if damages are incurred by Members due to insufficient management, erroneous use or misuse by a third party.
3.
In the event that an ID or password is stolen or Members become aware that an ID or password is being used by a third party, they shall immediately notify the Company.

 

Article 5 (Prohibited Acts of Members)

The following acts shall be prohibited when Members use the Site.

(1)
Registration of false information;
(2)
Acts that harm the rights, profits, property or good name of the Company or third parties;
(3)
Transmission or use of malware;
(4)
Illegal access such as attempting to access the Site without authorization;
(5)
Improper acquisition and falsification of information;
(6)
Interference with running the Site;
(7)
Distribution, reproduction, modification, copying, analysis, transfer, loan, consenting to reuse or public transmission of the Company's technical information (including making information available by uploading it to a local network or the Internet) without the permission of the Company; or
(8)
Acts that violate the Rules, laws and regulations or public order and morality.

 

Article 6 (Use and Management of Member Information)

1.
The Company shall manage private information in the Site in accordance with its privacy policy (http://www.smk.co.jp/privacy/).
2.
The Company may use information relating to the use of the Site by Members including member registration information and access logs (hereinafter referred to as "Member Information") to help run the Site, provide information on the Company's products and services, conduct questionnaires, promote sales and for sales activities.
3.
The Company may jointly use the following Member Information with the Company's affiliated companies and distributors within the range mentioned in the previous paragraph.
(1)
Jointly-used items: Names, addresses, telephone numbers, e-mail addresses, company names, department names, positions and other registered details possessed by the Company.
(2)
Range of people who can jointly use this information: SMK Corporation's affiliated companies and distributors
See the following link for the range of affiliated companies and distributors who can jointly use this information.
http://www.smk.co.jp/company/network/
(3)
Parties who have management responsibility of personal information: SMK Corporation
4.
The Company may disclose Member Information if requested to disclose information pursuant to laws and regulations.
5.
In the event that Members provide information relating to the Site (including Members' ideas relating to technology, sales and products, etc. and excluding private information) to the Company or the Company's website, Members shall at that point in time assign all rights relating to the said information to the Company and promise never to execute any rights it may have to prevent assignment of the said information. The Company shall not assume a duty of confidentiality or bear responsibility for using or evaluating the said information.
6.
Contact the Company's download site office (e-mail address: supp-web@smk.co.jp) to make an inquiry about the handling of personal information or about disclosing, revising, adding or deleting and stopping the use of personal information.

 

Article 7 (Exemptions)

1.
The Company does not guarantee that information provided through the Site is up to date, complete, accurate, or that there will be no defects or faults due to safety, etc. It also does not guarantee that the functions of the Site will be fit for intended use by Members. Further, the contents of the Site may be changed or deleted without giving prior notice to Members. Members should be aware of this and use the Site at their own risk.
2.
The Company shall not assume any responsibility for websites that Members access via links provided in the Site. Further, when links to the Site are provided this means that the Company uses the same linked site and is promoting products, services and companies detailed in the linked site. It does not mean that the Company has a special relationship with the linked site.
3.
The Company shall not assume any responsibility for damages incurred by Members due to the falsification and deletion of information relating to the Site by Members or third parties.
4.
Part of the Site may not be usable or function correctly if Members have access to an environment that is unable to setup browsers and cookies (technology for authenticating members and managing downloads) or use the Site. Preparations to use the Site, such as maintenance and setup, will be left to the judgment and responsibility of Members.

 

Article 8 (Intellectual Property Rights, Trademarks and Trade Names)

1.
Intellectual property rights relating to technical information given in the Site belong entirely to the Company excluding those used by the Company with the consent of third parties, and the use of such rights are not permitted under the Rules.
2.
Rights relating to trademarks and trade names of the Company and its products displayed in the Site are protected within Japan and internationally, and the use of such rights is not permitted under the Rules.

 

Article 9 (Cancellation and Termination of the Site)

1.
The Company may suspend, cancel or terminate the services provided in the Site without giving prior notice to Members for any of the following reasons.
(1)
When maintaining or updating software and server facilities needed to run the Site;
(2)
When computer and communication lines are terminated due to an accident;
(3)
When the Site can no longer be run due to force majeure such as fire, power failure, other natural disasters or labor disputes; or
(4)
When the Company deems it necessary to terminate, suspend or cancel the Site.
2.
The Company shall assume no responsibility if damages are incurred by Members or third parties as a result of measures taken by the Company in accordance with paragraph 1 of this Article.

 

Article 10 (Amendment of the Rules)

1.
The Company may amend the Rules if necessary without obtaining the approval of Members.
2.
Amendments of the Rules will be notified to Members or displayed in the Site. At the point in time Members use the services of the Site following such an amendment, it will be regarded that Members have approved the new rules and the amended rules will apply.

 

Article 11 (Applicable Law and Jurisdiction)

1.
Interpretation and application of the Rules will comply with the laws and regulations of Japan. Any dispute relating to the Rules, information provided in the Site or other use of the Site shall be brought in the Tokyo District Court of Japan for the first instance.

 

Additional Clause The Rules shall apply from January 1, 2014.

June 15, 2017 revision