 | | ................................................................................ |
| ................................................................................ |
|  | Terms of Use & iP Policy |
In respect of all users and not limited to visitors, members, posters, buyers, suppliers, advertisers, ad-agency, partners, etc., your continued use of any content of the Glory Trade on-line Corp., www.glorytrade.com.tw (hereinafter “Design in Taiwan”) website, will constitute your acknowledgment and be deemed to be your acceptance of all of the terms and conditions of the Terms of Use and IP Policy and of the related website content. To better understanding of the Terms of Use and IP Policy, we invite you to read this policy carefully.
1. Definitions:
1.1 The "User or Visitor" shall mean the individual who, or the entity whose agent, accesses or uses of this website, the services provided in this website, or any of the overall content of “Design in Taiwan”. 1.2 The "Poster" shall mean the one who uses the web pages DIY posting provided by “Design in Taiwan” to upload by itself any kind of advertisement about theirproducts. Both Visitor and Poster shall include natural persons, corporations, or other entities are recognized as having, legal personality by any law of any country or territory.
1.3 The "Third Party” shall mean the respective owners of the titles, rights and interests in or to the Third Party Content and those content or materials (including text and images) in this website the titles, rights and interests the one who are not owned by members of the “Design in Taiwan” but by the respective Third Party.
1.4 ”Trademark rights” shall mean the certificate of trademark registration and other relevant documents issued by the applicable authorities in the Relevant Territory relating to the Infringed Product.
1.5 The “Patent rights” shall mean the certificate of patent grant, and other relevant reports, issued by the applicable authorities in the Relevant Territory.
1.6 The “Registered design” shall mean certificate of registration of design issued by the applicable authorities in the Relevant Territoryrelating to the Infringed Product.
1.7 The “Relevant Territory” shall mean traders on the business-to-business of "B2B" platform reside or have registered their offices in various countries and the country/region where or the alleged infringement takes place or is likely to take place or the products are manufactured; or the goods are sold.
2. The Terms of Use:
2.1 No Guarantee or No Warrantee
2.1.1 “Design in Taiwan” provides only searchable trade information and does not directly provide products concerning any of such trade information, and therefore does not guarantee the legality of the products.
2.1.2 Any “Visitor” or “Poster” of natural person, suppliers, buyers, advertisers who have posted messages on the website are solely responsible for reviewing the “Design in Taiwan” website from time to time to ensure the then-current website content.
2.1.3 All the content on the “Design in Taiwan” website, including without limitation of all text, images, graphics, multimedia materials, software and trademarks, and the selection and arrangement thereof, collectively the "Design in Taiwan” Content, is and shall remain the exclusive property of “Design in Taiwan” and/or its third-party content suppliers.
2.1.4 This website, including all software, forms, information, recommendations and other content made available on or accessed through the website, is provided “as is”. Except as especially set forth herein, the “Design in Taiwan” makes no representations or warranties of any kind whatsoever for such materials.
2.1.5 There is no further warrant of functions contained in the website or any content contained therein will be uninterrupted or error free or and that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components.
2.1.6 In no event will the “Design in Taiwan” be Legal under any theory as an theory of tort, contract, strict liability or other legal or equitable theory for any lost opportunities, costs, exemplary, punitive, personal injury/wrongful death, special incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the “Design in Taiwan” and the user of the website, regardless of whether or not either party has been advised of the possibility of such damages.
2.2 Prohibition Provision
2.2.1 Absent of the written permission of “Design in Taiwan” or third-party content supplier, and except as otherwise specifically set forth on the “Design in Taiwan” website, you agree and acknowledge that any reproduction of the “Design in Taiwan” content, in connection with such purposes shall be in advance accompanied by a prominent credit statement that reads.
2.2.2 Further reproduction without written permission from “Design in Taiwan” shall be prohibited. Notwithstanding anything to the contrary set forth in this statement, user shall agree and acknowledge that he may not use any “Design in Taiwan” content, in whole or in part, in connection with any commercial purpose and any use of the “Design in Taiwan” Content except as otherwise explicitly expressed as set forth on the “Design in Taiwan” website or in this provision shall constitute a breach as well as a violation of the copyright and other proprietary rights contained in such content.
2.2.3 Further, the “Design in Taiwan” doesn’t express or implied warranties, including, without limitation, non-infringement, title, merchantability, fitness for a particular purpose and any warranties arising out of course of dealing, usage or trade.
2.2.4 In any circumstance, any user of “Design in Taiwan” has any question on the identity of the proprietor of any intellectual property right, who shall contact in advance at :service@glorytrade.com.tw,.
2.2.5 “Design in Taiwan” reserves rights to amend these Terms of Use and IP Policy and its content at any time by posting the amended version. Such amended version thereafter shall automatically be effective upon its posting on this web-site.
3. IP Policy
3.1 Copy Rights, Intellectual Property and related Act 3.1.1 “Design in Taiwan” posses all copyrights and other intellectual property rights of content on the “Design in Taiwan” Web Site, except the pictures and other related product information uploaded by others in the area for uploading, including but not limited to the design of web pages, trademarks, service marks or methods of data searching. All rights said herein are protected under Copyright Law and other laws concerning intellectual property rights of Republic of China and international treaties.
3.1.2 The user hereby express that he has already fully understood and agreed that “Design in Taiwan” merely provides web pages DIY posting for the Poster to upload by itself the information of the desired advertisements, products, content and not limited to related company profile. The User or Poster shall be solely liable for the legality of the content of the advertisement and product. Although “Design in Taiwan” has already requested the Poster to warrant that the content of the advertisement uploaded by the Poster shall never encroach on patent, copyright and other rights of any third party nor violate any laws, including but not limited to, Fair Trade Law, Consumer Protection Act, etc., if the content or product of the posted advertisement violates any law or encroaches on rights and interests of any third party, the Poster shall assume all legal responsibilities so incurred.>
3.1.3 Unless or otherwise expressly stated all titles, rights and interests, Content belong to “Design in Taiwan” and/or other relevant members of the “Design in Taiwan”, and nothing herein confers on the Visitor any title, right or interest in respect thereof; and all titles, rights and interests in respect of Third Party Content belong to the respective Third Party Licensor.3.2 Complaints & Infringements
3.2.1 Where a User has infringed the IPR of another User, the User alleging the infringement may proceed to initiate an Infringement Complaint against the alleged infringer.
3.2.2 Any evidence of the Complainant's IPR ownership of the product or matter whose IPR are alleged to have been infringed, In the case of copyright, this would include: registration certificates, evidence of the original creation, initial publication and the Complainant's ownership of copyright in the Infringed Product.
3.2.3 Any other evidence that “Design in Taiwan” may require depending on the specific facts of the case. For the avoidance of doubt, “Design in Taiwan” shall have the sole and absolute discretion to determine what shall constitute appropriate evidence of the Complainant's ownership in the Infringed Product.
3.2.4 Any evidence of the infringement complained of in the Infringement Complaint including, but not limited to, photographs, samples, brochures, sales contracts and invoices.
3.2.5 “Design in Taiwan” is not an arbiter or judge. In carrying out any action instigated by Users in respect of IPR, “Design in Taiwan”does not intend to make any decisions on whether such IPR are valid and subsisting. Conversely, should “Design in Taiwan” decide not to carry out any action in respect of an Infringement Complaint, “Design in Taiwan” is not endorsing the display or sale of such goods on ”Design in Taiwan”.
4. Indemnity “Design in Taiwan” does not have the power or duty to verify the identities of each individual user, subject matter complained of or the source of these merchandises and by initiating an Infringement Complaint and asking “Design in Taiwan”to take action in accordance with this Policy in respect of the Infringement Complaint, the Complainant agrees to properly indemnify “Design in Taiwan” against all claims or damages or arising expenses, etc., howsoever from “Design in Taiwan” actions in connection with this Policy.
5.Arbitration and Jurisdiction... CourtShould any legal controversy or dispute caused in Terms of Use & IP Policy, Privacy & Security Policy or relatives of “Design in Taiwan”, it shall be proposed to Tainan City for arbitration resolved in accordance with the arbitration laws of Republic of China. If a lawsuit ensues, the Tainan District Court shall be the first examination jurisdiction court, and compliance with the Laws of the Republic of China for resolution.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE WEB SITE. Further questions you may contact: service@glorytrade.com.tw, Tel: 886-6-2932857 , Fax: 886-6-2933587
|
|---|
| |