IP MEETUP by TAICCA TERM OF USE
I. GENERAL PROVISIONS
1.Welcome to use the service provided by IP MEETUP (the "Service"). IP MEETUP is established and operated by Taiwan Creative Content Agency ("TAICCA") and provides you with the Service.
2.It shall be deemed as your acceptance to this term of use of IP MEETUP (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 "Agreement") as you use the Service regardless of whether you are the member of IP MEETUP or use your own or other's account of IP MEETUP (e.g. the account or your company or organization).
Prior to the use of the Service, you shall ensure you understand and accept all provisions of the Agreement. If you shall not accept any part of the Agreement, you shall not use the Service, or you shall cease to use Service in case you are using the Service.
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 IP MEETUP or TAICCA.
4.In the event you apply for the Premium (defined as below) on behalf of 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 Premium shall be owned by such company or organization, including without limitation all information, data and Licensed Content uploaded to the MyBiz Page (defined as below). If your authorization to use and manage the MyBiz Page on behalf of certain company or organization is terminated, you shall cease to use the function of Premium and transfer such authorization to the party designated by such company or organization. If you are the sole Premium of the MyBiz Page, you shall advise IP MEETUP immediately.
Any legal liabilities arising out of your breach of the foregoing commitment shall not be borne by IP MEETUP or TAICCA and shall be solely taken by yourself.
II. MEMBERSHIP AND ACCOUNT/PASSWORD
5.To use full service and function of the Service, you shall apply the membership of the Service and acquire the account of IP MEETUP. You agree that IP MEETUP and TAICCA may use the information and data provided by you in compliance with the "Privacy and Personal Information Protection Policy"
(https://ip.taicca.tw/). As you create a MyBiz Page and approved by IP MEETUP, or join a MyBiz Page and approved by its administrator, your account of IP MEETUP will be upgraded and may use the functions of the MyBiz Page provided by IP MEETUP (the “Premium”). The functions for the Premium shall be subject to the then-current actual functions provided by IP MEETUP. IP MEETUP shall have the right to change and modify the functions for the Premium from time to time.
6. You shall ensure the member information provided by you (including that provided on the MyBiz Page through your Premium membership) shall be true and correct and shall immediately modified by you in case of any change thereof. In the event the member information provided by you is false or incorrect, and therefore you cannot use all or part of the service and function of the Service, IP MEETUP and TAICCA shall not take any responsibilities derived therefrom, and IP MEETUP shall have the right to suspend or terminate your membership of IP MEETUP and the right to use the Service.
7. You shall understand and agree that the authority of account of IP MEETUP shall be solely owned by you, and you shall not allow any other person to use your IP MEETUP account. It is not allowed to co-own an IP MEETUP account by two or more persons.
8. You shall carefully keep your account and password of IP MEETUP membership. IP MEETUP shall confirm your membership by such account and password. You agree that all the use of the Service through your account and password of IP MEETUP (regardless of whether by you) shall be deemed as your activities, and you shall take all responsibilities derived therefrom. If you are the Premium, your activities on the MyBiz Page shall be deemed as authorized by such certain company or organization, and any and all rights and obligations derived therefrom
shall be held by such company or organization. In case of any doubt that the password is divulged, you shall reset your password immediately. In the event of theft or unauthorized use of your account and password, you shall notify IP MEETUP immediately and report to the judicial authority to ensure your right and interest.
III. SERVICE AND FUNCTION
9. IP MEETUP shall provide you with the Service on "as-is" basis. You understand and agree IP MEETUP shall have the right to add, cancel or modify all or part of the service and function of the Service and IP MEETUP shall not bear any liability arising out thereof.
10. The information, data and Licensed Content (defined as below) provided by you will be made available to the public by the Service through IP MEETUP and other media of TAICCA according to the Agreement. The Service will assist you in communication, negotiation with third party to promote transaction. You understand and agree that any liability derived from activity done by the foregoing third party shall be borne solely by such third party. IP MEETUP and TAICCA shall not be liable for the correctness and legality of such third-party activity.
11. 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. IP MEETUP and TAICCA shall not bear any liabilities derived from the risk, result and feasibility of such negotiation, transaction and cooperation.
12. 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.).
13.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. IP MEETUP and TAICCA shall not ensure you may acquire such reward or subsidy through the Service.
14. You understand and agree that the TOU and the Agreement shall constitute the contract among you, IP MEETUP and TAICCA, and under certain circumstances you shall agree and sign certain legal document to use full function of the Service (e.g. the agreement related to exhibition held by the Service).
IV. LICENSED CONTENT AND LICENSE TO TAICCA, IP MEETUP AND USERS
15. When you use the Service, you may provide IP MEETUP 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 IP MEETUP and TAICCA to use such materials according to the TOU and the Agreement upon your upload of such materials (collectively, the "Licensed Content").
16. If you have Premium account of IP MEETUP, you may upload the Licensed Content to the MyBiz Page of IP MEETUP used and managed by you. 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 IP MEETUP. You shall bear all liabilities derived from the Licensed Content uploaded or in any method provided to IP MEETUP 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 without limitation attorney fee, litigation cost, settlement amount, fine, penalty, compensation, interest, etc.). IP MEETUP shall have the right to detect if there is any illegal action, infringement, or other misuse (including without limitation infringing content, malware, and other illegal content) by analyzing, processing the Licensed Content uploaded by you with any measure (including without limitation automatic system).
17. Notwithstanding you upload the Licensed Content to IP MEETUP, 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 IP MEETUP, TAICCA and the user of the Service subject to the TOU and the Agreement.
18. It shall be deemed as your irrevocable approval to grant IP MEETUP and TAICCA a non-exclusive, royalty-free, sublicensable and worldwide license as you upload or by any method provide the Licensed Content to IP MEETUP, and therefore IP MEETUP and TAICCA may by any method use such Licensed Content for the purpose of the Service.
19. 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.
20. You may remove the Licensed Content uploaded by you from IP MEETUP from time to time. Upon your remove of such Licensed Content, the license provided according to article 18 shall be terminated and IP MEETUP will not publicly display such Licensed Content, provided, however, IP MEETUP 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 IP MEETUP, 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.
21.IP MEETUP shall have the right to, in its sole discretion, remove all or part of certain Licensed Content provided IP MEETUP reasonably considers that any Licensed Content could violate laws, the TOU or any of the Agreement, or could damage IP MEETUP, TAICCA, users of the Service or any third party. IP MEETUP 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 IP MEETUP, TAICCA, users of the Service or any third party.
22. You may advise IP MEETUP with relating evidence provided you think any Licensed Content infringes your copyright, any other intellectual property right or any other right. IP MEETUP 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 IP MEETUP 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.
23. You shall keep and backup the Licensed Content uploaded by you. IP MEETUP 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 IP MEETUP MEMBERSHIP
24. Upon your registration for the membership of IP MEETUP, you may use the function and service provided by the Service according to the TOU, the Agreement and relating regulations, including without limitation browsing the Licensed Content provided by other members of IP MEETUP and using all online/offline service provided by IP MEETUP and TAICCA. You shall have the right to terminate your membership from time to time and advise IP MEETUP. IP MEETUP will terminate your membership as soon as possible after receiving your notice and cease to provide service.
25. You shall agree that you shall not engage in the following activities, and IP MEETUP 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 IP MEETUP;
c. Posting advertisement (except reasonable promotion activity with the function provided by the Service), libel, slander or infringing text, image or files on IP MEETUP;
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 IP MEETUP or 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 without limitation provide unfounded, unreasonable report to IP MEETUP.
26. You shall agree that IP MEETUP may record, analyze your activity of using the Service, including without limitation browse, access, text or video meeting through the function of the Service, for the purpose of reference to provide you with the service and function of the Service.
27. Transfer from enterprise membership to MyBiz Page: If you are the employee or agent of certain company or organization with enterprise membership account of IP MEETUP and have obtained authorization of such company or organization, you may apply for a MyBiz Page on behalf of such company or organization and transfer the information from former enterprise membership account to the MyBiz Page. You shall understand and accept IP MEETUP shall not ensure you may fully retrieve all information under the former enterprise membership account of your company/organization. The Service shall only provide limited function and service toward the same.
VI. SUSPENSION OR INTERRUPTION OF SERVICE
28. You shall accept that IP MEETUP 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 IP MEETUP;
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 IP MEETUP.
VII. LIABILITY LIMITATION
29. You shall accept that IP MEETUP 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 without limitation: (1) deletion, alternation, transmission error or unable to save of 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 Service 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 22.
30. Within the scope permitted by laws, the liability borne by IP MEETUP and
TAICCA due to your claim for any loss or damage incurred by you derived from the use of the Service shall not exceed ONE HUNDRED THOUSAND NEW TAIWAN DOLLARS (NT$ 100,000).
VIII.OTHER PROVISIONS
31. You shall understand and accept that IP MEETUP shall not ensure the truth, correctness, legality and commercial feasibility of any information and content not provided by the Service, including without limitation third party link and any information and content provided by other users. You shall by yourself evaluate such information and content.
32. IP MEETUP 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 IP MEETUP 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 IP MEETUP 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.
33. The TOU and the Agreement shall constitute the entire agreement between you and IP MEETUP regarding the Service, and shall be governed by the laws and regulations of Taiwan, R.O.C.
34. IP MEETUP 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, you shall agree that the Taiwan Taipei District Court shall be the court of first instance for such dispute.