TERM OF USE

Taiwan Culture x Tech Content, powered by TAICCA - Term of Use

I. GENERAL PROVISIONS 1. Welcome to the “Taiwan Culture x Tech Content Website” (hereinafter referred to as the “Website”), which is created and operated by Taiwan Creative Content Agency (“TAICCA”) and provides you with the related service and function (the "Service"). 2. It shall be deemed as your acceptance to this term of use of the Website (the "TOU") and all then-current announcement and regulation/policy (including without limitation the "Privacy and Personal Information Protection Policy" and all other documents, collectively, the "Agreements") as you use the Service regardless of whether you are the member of the Website. Prior to the use of the Service, you shall ensure you understand and accept all provisions of the Agreements. If you shall not accept any part of the Agreements, you shall not use the Service, or you shall cease to use Service in case you are using. 3. In the event you are a minor according to the laws of Taiwan, R.O.C. (subject to the then-current laws), you shall ensure to obtain the approval from your legal guardian before you start to use the Service. Any legal liabilities arising out of your breach of the foregoing commitment shall not be borne by neither the Website nor TAICCA. II. Membership Policy 1. To use the full service and function of the Service, applying for membership of the Service and acquiring the account of the Website is advised. You agree that the Website and TAICCA may use the information and data provided by you in compliance with the "Privacy Notice and Information Security Policy''. 2. Membership Registration A. Members are obligated to ensure and maintain the information you provide when you apply for membership registration and during the time of membership ("Membership Information") is complete, true, correct and valid. If you violate the foregoing regulations, you agree that TAICCA has the right to terminate your membership and refuse you to continue to use this Service, in addition to being liable for any damages caused by such violations. B. You shall keep your membership account and password by yourself and shall not give them to a third party for use. TAICCA may consider all activities conducted by the Members' account and password (regardless of whether by you) shall be deemed as your activities, and you shall take all responsibilities derived therefrom. All your activities while logging in on the Website (including but not limited to creating one or several “Professional” profiles and / or “Project” pages) shall be deemed as authorized by such individual, company or organization, and any and all rights and obligations derived therefrom shall be held by such company or organization. If you lose your membership account and password, or find that your membership account and password are used by a third party or other security problems, you shall notify TAICCA immediately and report to the judicial authority to ensure your right and interest. C. You shall understand and agree that the authority of the account of the Website shall be solely owned by you, and you shall not allow any other person to use your account on the Website. It is not allowed to co-own an account of the Website by two or more persons. 3. As you create a “Professional” profile and are approved by the Website, it will appear on the “Global Professionals” Page. The functions related to this profile page shall be subject to the then-current actual functions provided by the Website. The Website shall have the right to change and modify the functions from time to time. 4. In the event you apply for creating a “Professional” profile (defined as below) on behalf of a certain company or organization, you shall ensure necessary authorization of the use shall be given by such company or organization. You shall agree any and all functions and rights contained in the specific “Professional” profile shall be owned by such company or organization, including without limitation all information, data and Licensed Content uploaded to the page (defined as below). If your authorization to use and manage the specific “Professional” profile on behalf of certain company or organization is terminated, you shall cease to use the function of the “Professional” profile and transfer such authorization to the party designated by such company or organization. If you are the sole member who could manage the “Professional” profile, you shall advise the Website immediately. Any legal liabilities arising out of your breach of the foregoing commitment shall not be borne by the Website or TAICCA and shall be solely taken by yourself. 5. Notice of Member’s Rights The rights (including but not limited to the copyright, patent and trademark) to the software, images, models, programs and all content on this Website and Service are owned by TAICCA or other right holders. Without the prior authorization or consent of TAICCA and the right holders, you are not allowed to use. 6. Membership A. If you want to terminate or cancel the membership of this Service, you should use the customer service center function of this Website and follow the instructions of this Website to terminate or cancel the membership. B. If you violate any clauses of these Terms or involve in other major violations, TAICCA may terminate your membership, permanently reject your membership application or take other appropriate actions. C. If your membership is terminated or cancelled, TAICCA is not responsible for keeping your membership information, and has the right to delete your membership information. III. SERVICE AND FUNCTION 1. The Website shall provide you with the Service on an "as-is" basis. You understand and agree that the Website shall have the right to add, cancel or modify all or part of the service and function of the Service and neither the Website nor TAICCA shall not bear any liability arising out thereof. 2. The information, data and Licensed Content (defined as below) provided by you will be made available to the public by the Service through the Website and other media of TAICCA according to the Agreement. The Service will assist you in communication, negotiation with third parties to promote transactions. You understand and agree that any liability derived from activity done by the foregoing third party shall be borne solely by such third party. the Website and TAICCA shall not be liable for the correctness and legality of such third-party activity. 3. In the event you make a transaction, enter into contract or engage in any other commercial or non-commercial cooperation with third party through the Service, you shall by yourself evaluate the correctness and legality of the information provided by such third party and the risk, result and feasibility of such transaction, and the Service will not involve in such negotiation, transaction and cooperation. The Website and TAICCA shall not bear any liabilities derived from the risk, result and feasibility of such negotiation, transaction and cooperation. 4. You shall ensure all information and data provided by you through the Service shall be true and legal. If you violate the foregoing commitment, you shall take all responsibilities resulting therefrom, and shall compensate TAICCA for damage (if any) derived therefrom (including without limitation attorney fee, litigation cost, settlement amount, fine, penalty, compensation, interest, etc.). 5. The result of use of the Service may cause you to acquire reward or subsidy provided by TAICCA or other organizations, provided, however, whether or not acquiring such reward and subsidy shall depend on the regulation and review thereof. The Website and TAICCA shall not ensure you may acquire such reward or subsidy through the Service. 6. You understand and agree that the TOU and the Agreement shall constitute the contract among you, the Website and TAICCA, and under certain circumstances you shall agree and sign certain legal documents to use the full function of the Service (e.g. the agreement related to events held by the Service). IV. LICENSED CONTENT AND LICENSE TO TAICCA, THE WEBSITE AND USERS 1. When you use the Service, you may provide the Website with video, audio (including music and other audio file), image, photo, text, trademark, software, and all other materials protected by copyright law or other intellectual property right laws. It shall be deemed as your acceptance to grant the Website and TAICCA to use such materials according to the TOU and the Agreement upon your upload of such materials (collectively, the "Licensed Content"). 2. If you create an account as a Taiwanese professional on the Website, you may create "Content” page and upload the Licensed Content on the Website. You may use your Licensed Content to promote your business or occupational activity. Unless you have sufficient right to use the Licensed Content or sufficient authorization from the third party owning the right of the same, you shall not upload the Licensed Content to the Website. 3. You shall bear all liabilities derived from the Licensed Content uploaded or in any method provided to the Website by you and your use of the Licensed Content through the Service. You shall assist TAICCA with TAICCA’s direction if any third party makes a claim against TAICCA or any competent authority adjudicates TAICCA due to your violation of the above-mentioned provision and shall compensate TAICCA for damage (if any) derived therefrom (including but not limited to attorney fee, litigation cost, settlement amount, fine, penalty, compensation, interest, etc.). The Website shall have the right to detect if there is any illegal action, infringement, or other misuse (including but not limited to infringing content, malware, and other illegal content) by analyzing, processing the Licensed Content uploaded by you with any measure (including but not limited to automatic system). 4. Notwithstanding you upload the Licensed Content to the Website, the rights of the Licensed Content shall be reserved by you or the third party owning the related rights of the Licensed Content. The Licensed Content shall be solely authorized to the Website, TAICCA and the user of the Service subject to the TOU and the Agreement. 5. It shall be deemed as your irrevocable approval to grant the Website and TAICCA a non-exclusive, royalty-free, sublicensable and worldwide license as you upload or by any method provide the Licensed Content to the Website, and therefore the Website and TAICCA may by any method use such Licensed Content for the purpose of the Service. 6. It shall be deemed as your irrevocable approval to grant the users of the Service a non-exclusive, royalty-free, non-sublicensable and worldwide license as the users of the Service access your Licensed Content through the Service, and therefore such users may browse, download, and reproduce such Licensed Content for the purpose of the Service. For avoidance of any doubt, such license shall not include any use outside the Service. 7. You may remove the Licensed Content uploaded by you from the Website from time to time. Upon your remove of such Licensed Content, the license provided according to article 18 shall be terminated and the Website will not publicly display such Licensed Content, provided, however, the Website and TAICCA shall have the right to use such removed Licensed Content solely for the purpose of archive and data analysis continuously. The effectiveness and validity of the use of such Licensed Content by the Website, TAICCA and other users of the Service according to the article 18 and 19 of the TOU prior to your remove of the same shall not be affected. 8. the Website shall have the right to, in its sole discretion, remove all or part of certain Licensed Content provided the Website reasonably considers that any Licensed Content could violate laws, the TOU or any of the Agreement, or could damage the Website, TAICCA, users of the Service or any third party. the Website will advise you the reason of such remove after doing so except such notice could: (1) violate any laws or disturb any enforcement of competent authority; (2) affect the investigation of the cause of remove; (3) damage the Website, TAICCA, users of the Service or any third party. 9. You may advise the Website with related evidence provided you think any Licensed Content infringes your copyright, any other intellectual property right or any other right. the Website will determine whether or not to remove such Licensed Content from the Service according to the evidence provided by you and all other facts. You shall understand and accept that the Website and TAICCA are not competent authorities and shall not have the power and authority to judge any such dispute. Any dispute raised by you regarding any Licensed Content shall be solely the dispute between you and the party uploading the Licensed Content and shall be judged by competent authority. 10. You shall keep and backup the Licensed Content uploaded by you. the Website shall not have the obligation to keep or backup the Licensed Content uploaded by you or provide you with any copy of the same upon your request. V. RIGHT AND OBLIGATION OF THE MEMBERSHIP 1. Upon your registration for the membership of the Website, you may use the function and service provided by the Service according to the TOU, the Agreement and relating regulations, including but not limited to browsing the Licensed Content provided by other members of the Website and using all online / offline service provided by the Website and TAICCA. You shall have the right to terminate your membership from time to time and advise the Website. The Website will terminate your membership as soon as possible after receiving your notice and cease to provide service. 2. You shall agree that you shall not engage in the following activities, and the Website shall have the right to, in its sole discretion, suspend or terminate your right to use all or part of the Service if you engage in any of the following activities: A. Violation of the laws of Taiwan, R.O.C. and Internet rules; B. Activity (or intention) to destroy, disturb or hack data, function, system of the Website; C. Posting advertisement (except reasonable promotion activity with the function provided by the Service), libel, slander or infringing text, image or files on the Website; D. Infringement against any third party's intellectual property right by announcement of text, image or any kind of files through the Service; E. Access, reproduction, download, transmission, broadcast, display, sale, license, modification, or any use of any part of the Service or Licensed Content except: (1) you have sufficient authorization according to the TOU; or (2) you have prior written approval from the Website or the copyright owner; F. Circumvention, suspension or fraud act to participate or disturb any part of the Service (or intention to do so); G. Access to the content contained in the Service by any automatic tool (e.g. robot); H. Collection or selection of any information identifying individual (e.g. account name) except reasonable act with the function provided by the Service; I. Announcement of any unauthorized promotion materials or commercial content through the Service or other disturbing or junk mail; J. Misuse of any report, accusation, complaint or raising dispute mechanism, including but not limited to providing unfounded, unreasonable reports to the Website. 3. You shall agree that the Website may record, analyze your activity of using the Service, including but not limited to browse, access, download files through the function of the Service, for the purpose of reference to provide you with the service and function of the Service. VI. SUSPENSION OR INTERRUPTION OF SERVICE 1. You shall accept that the Website and TAICCA shall not be responsible to any direct or indirect damage incurred by you provided all or part of the Service being suspended or interrupted due to following matters: A. Relocation, replacement, upgrade, maintenance or repair for hardware and software of the Service or the Website; B. Suspension or interruption of the Service due to act of God or other matters of force majeure; C. Suspension or interruption of the Service due to computer virus or hacking; D. Suspension or interruption of the Service due to requirement by competent authority or judicial authority; E. Suspension or interruption of the Service due to any other causes not attributable to the Website. VII. LIABILITY LIMITATION 1. You shall accept that the Website and TAICCA shall not be responsible for the following matters: A. Any indirect, special, collateral, derivative compensation or penalty arising out of or related to your use of the Service; B. Any profit loss, business loss, commercial opportunity loss, value impairment, or any other kind of loss arising out of or related to your use of the Service, including but not limited to: (1) deletion, alternation, transmission error or unable to save the file you store or transmit through the Service; (2) limitation, suspension or termination of member account; (3) download or share of the information (including personal information) by you through the Service; (4) unauthorized access to your member account or any Licensed Content uploaded by you; (5) any third party website or link outside the Service provided by the Website or any third party; (6) any activity, transaction or participation through the matchmaking activity held by the Service. C. Any result and damage arising out of any third party's error, illegal act or matter of force majeure. D. Any losses and damages resulting from the dispute due to the Licensed Content removed according to article 9 of paragraph IV. 2. TAICCA makes no guarantee, expressed or implied, for the Service, including but not limited to the following: A. This Website is free from interruptions, errors, updates or security. B. The results of using this Website are correct or reliable. C. Any services, resources or other information received through this Website that meet the needs or expectations of Members. D. When using this Website or obtaining any information from This Service, Members should evaluate and take their own risk. If any damage or loss of information is caused by downloading any of the foregoing information, Members shall be fully responsible for it. 3. You may link to websites or services operated by third parties through the links provided by This Service. However, it does not mean that TAICCA has any relationship with such third parties, and you should decide whether to use such third-party websites or services at your own risk. TAICCA is not responsible for the contents, products or other information of the foregoing third-party websites or services. If you have any use or transaction with such third-party websites or services, it is between you and such third party, and you agree to be responsible for any costs and damages arising from the foregoing use or transaction, without regard to TAICCA. 4. This Service does not represent a partnership, joint venture, representation, or joint relationship between Members and TAICCA. Without TAICCA's permission, Members shall not misrepresent the legal relationship between Members and TAICCA to anyone or engage in any commercial or other actions in the name of TAICCA (including but not limited to individual or joint actions) to others. 5. Advertisement TAICCA may post advertisements of TAICCA or third parties on This Service. TAICCA does not guarantee the accuracy and reliability of third parties advertisements posted on This Service. 6. TAICCA shall not be liable for all other damages caused by the Members' use of This Service. 7. TAICCA shall not be liable for any damages incurred by the Members due to any actions taken by TAICCA in accordance with this TOU. VIII.OTHER PROVISIONS 1. You shall understand and accept that the Website shall not ensure the truth, correctness, legality and commercial feasibility of any information and content not provided by the Service, including but not limited to third party links and any information and content provided by other users, Licensed Content from other members of the Website, etc. You shall by yourself evaluate such information and content. 2. The Website shall have the right to revise the TOU and any Agreement from time to time without individually advising you, other members and users of the Service. The revised provisions shall be announced on the Website and replace original provisions immediately. You shall review the latest version of the TOU and the Agreement from time to time. You shall immediately advise the Website to terminate your membership provided you disapprove the revised TOU or Agreement and cease to use the Service. It shall be deemed as your acceptance of the revised TOU and the Agreement provided you continuously use the Service after revising of the TOU and the Agreement. IX. GOVERNING LAW AND JURISDICTION The TOU and the Agreement shall constitute the entire agreement between you and the Website regarding the Service, and shall be governed by the laws and regulations of Taiwan, R.O.C. The Website will with its best effort to discuss with you in good faith in the event of any dispute arising out of your use of the Service. If such dispute may not be resolved through negotiation, both parties shall agree that the Taiwan Taipei District Court shall be the court of first instance for such dispute. 10. Language In case of discrepancy between the Chinese version and the English translation, the Chinese version shall prevail.