- Content of the Site The Site provides an online platform for companies and organizations to access or use the information, materials, documents, text, images, video clips, directories, files, database, listings, services, and/or mechanisms provided via the Site and/or use the services concerning business-to-business e-commerce trades, as well as other services, provided via the Site for engaging in e-commerce trades (“Content”).
- Content Provided TAITRA is entitled to determine the Content and the manner the Convent is delivered to User. User acknowledges that TAITRA may, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all Content at any time without prior notice to User.
- Content Provided by Third Party User acknowledges and agrees that certain content offered via the Site may be provided by a third party (“Third Party Content”) and TAITRA shall have no liability for such Third Party Content. TAITRA is entitled to, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all such Third Party Content at any time without prior notice to User, and TAITRA shall not be held liable for any of the aforementioned measures.
- Not for End Consumer The products or services listed on the Site are only intended for business-to-business trades. No User shall purchase any product or service as an end consumer or provide any end consumer with any product or service via the Site. User shall indemnify and hold TAITRA harmless from and against any and all damages and loss incurred.
- Security Violation User is prohibited from violating or attempting to violate the security measures of the Site, including but not limited to, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to interfere with service to any User, host or network or sending unsolicited e-mail. Violation of system or network security may result in civil or criminal liability.
- Violation of Law Users shall not use the Site (1) for transmitting, distributing or storing material in violation of any applicable law or regulation; or (2) in any manner that will infringe the patent, trademark, copyright, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; (3) in any manner that is libelous, obscene, threatening, abusive or hateful; or (4) in any manner against any applicable laws.
- No Legal Capacity User without the legal capacity to form legally binding contracts may not use the Site.
- False Advertising User shall not post any false, inaccurate, misleading or libelous content on the Site. In addition, the advertisement shall not be fraudulent or involve the sales of counterfeit goods.
- Spam User shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.
- User shall not:
- provide fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable laws, or otherwise promote other illegal activities;
- infringe or otherwise encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secrets or other proprietary rights or rights of publicity, privacy or other legitimate rights;
- violate any applicable law, statute or regulation (including, but not limited to, those governing import/export control, unfair competition, foreign exchange control, anti-discrimination or false advertising);
- provide or promote information, content or material that is obscene;
- promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- provide content that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
- attempt to copy, reproduce, exploit or expropriate TAITRA’s various proprietary directories, databases, listings and information;
- involve in any scheme to undermine the integrity of the computer systems or networks used by TAITRA and/or any user of the Content, or attempt to gain unauthorized access to such computer systems or networks;
- use or provide any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software of hardware system, data or personal data;
- provide any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invading anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- be a part of a scheme to defraud other Users or other users of the Site or for any other lawful purposes;
- directly or indirectly violate any applicable laws.
The Contents of the Site are the intellectual property of TAITRA or other right holders, as the case may be, which are protected by the applicable laws related to copyright, trademark and other proprietary rights and may not be downloaded or otherwise reproduced without the explicit written permission of TAITRA or the right holders.
All title, ownership, and intellectual property rights in the Content shall remain with TAITRA. Use of any of the foregoing without obtaining consent from TAITRA is strictly prohibited and TAITRA reserves all rights therein.
Disclaimer and Limitation of Liability
- No Liability from Users’ Activities TAITRA is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any party as a result of User conduct.
- No Liability from Information Posted by User TAITRA is not responsible, and shall have no liability to any party for any material posted by User or third parties, including fraudulent, false, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. TAITRA shall have no obligation to review any of the contents posted by User on the Site.
- No Liability from Site Error or Interruption TAITRA shall not in any way be liable to Users or any third parties for any loss, injury, claim, liability or damage of any kind resulting from (i) any errors or inaccuracies in or omissions from the Site or any Content or products obtainable therefrom; (ii) the unavailability or interruption of the Site or any features and applications thereof; (iii) User’s use of the Site; (iv) the Content contained on the Site; or (v) any delay or failure in performance due to the use of or inability to use the Site.
- Disclaimer of Provision of Content The Site and/or the Content provided through the Site are provided on an “as-is” basis and TAITRA hereby expressly disclaims any and all warranties, whether explicit or implied, including but not limited to, any warranties of title, quality, condition, performance, accuracy, reliability, merchantability, or non-infringement. To the maximum extent permitted by law, all such warranties, representations, conditions and terms are hereby excluded. User shall assume full responsibility and risk for use of the Content on or through the Site.
- No Representation of Accuracy or Ability Although TAITRA will endeavor to ensure maximum integrity and accuracy of the Site, to the maximum extent permitted by law, TAITRA makes no representations or warranties about the validity, legality, accuracy, quality, reliability, stability or completeness of any information or products provided on or through the Site, the ability of any supplier to sell the items, the ability of any buyer to purchase the products, or that any transaction will be completed.
- Own Risk Any materials downloaded or obtained otherwise through the use of the Content is done at each User’s sole discretion and risk and each User is solely responsible for any damage to their computer system or loss of data that results from the download or use of any such material.
- Links to Other Sites The Site may contain links to third party websites. These are provided solely as a convenience to Users and not in any way as an endorsement by TAITRA of the contents on such third party websites. If any User accesses any linked third party websites, the User shall do so entirely at their own risk.
- Cooperation with Government Authorities TAITRA reserves the right to cooperate fully with governmental authorities, private investigators and/or damaged third parties in the investigation of any suspected criminal or civil wrongdoing. TAITRA may disclose the User’s identity, contact and any other information, if requested by a government or law enforcement body, damaged third party or as a result of a subpoena or other legal action, and TAITRA shall not be liable for damages or results thereof. User shall agree not to bring any action or claim against TAITRA for such disclosure.
- Non Consequential Damages In no event shall TAITRA be liable for any damages including, but not limited to, special, direct, indirect, incidental, or consequential damages, including but not limited to damages from loss of profits, goodwill, use, data or other intangible losses, business interruption, whether or not TAITRA has been advised of the possibility of such damages, arising from or in connection with the use of the Site; inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or unauthorized access by third parties to data or private information of any User.
- Aggregate Liability Without prejudice to the above and subject to applicable laws, the aggregate liability of TAITRA, its employees, agents, directors, officers, affiliates, representatives, successors, third party suppliers of information or documents or anyone acting on its behalf with respect to each User for all claims relating to the use of the Content, the Site or the information, products and documents provided on the Site shall be limited to NT$ 20,000; the amount shall be in lieu of all other remedies which User may have against TAITRA and shall not preclude the requirement by the User to prove actual damages
- Headings Headings herein are inserted for convenience of reference only and in no way define, limit, construe or describe the scope or extent of such section.