| |
1. Understanding and Acceptance of the Terms
The Yang Ming Oceanic Culture & Art Museum (hereafter referred
to as the OCAM) provides the services of the website (http://www.ocam.org.tw)
(hereafter referred to as the Service) in accordance with this Terms
of Service. By using the Service, you indicate that you have read,
understood and agreed to abide by the content of this agreement. The
OCAM reserves the right to change or modify the content of this agreement,
so we recommend that you note any changes or modifications. Continuing
your use of the Service after any changes or modifications signifies
that you have read, understood and accepted those changes or modifications.
If you do not agree to the contents of this agreement, or your country/region's
laws invalidate all or parts of this agreement, you should suspend
your use of the OCAM website immediately.
If you are a minor under the age of 18, apart from abiding by the
above clause your parent (or guardian) should read, understand and
agree to all of the agreement's contents and any changes before using
or continuing to use the OCAM website. If you use or continue to use
the website, this indicates that your parent (or guardian) has read,
understood and agreed to the contents or any later changes and modifications
to this agreement.
2. Links to Third-Party Websites
The website links provided by the OCAM are intended to provide you
with quick access to search results. You may as a result be linked
to other related websites, but this does not mean that the OCAM has
any relationship with those related sites. Websites reached by these
links are not owned by the OCAM, and the OCAM has no control over
the content of these websites.
3. Your Registration Obligations
To use this service, you agree to the following:
(a) Ensure that the personal information you provide during the registration
process is correct, up to date and complete.
(b) Maintain and update your personal information to ensure that it
is correct, up to date and complete. If the information that you provide
contains any errors or false data, the OCAM reserves the right to
suspend or terminate your account as well as deny you access to all
or part of the Service.
4. YM OCAM Privacy Policy
Your registration and other specific data are protected by the Museum's
"Privacy Policy".
5. Member Account, Password and Security
After completing the registration of this Service, you shall receive
a password and account name. It is your responsibility to keep your
password and account confidential. You are responsible for all activities
made using that password and account. You also agree to the following
items: (a) If unauthorized access is gained to your account or password,
or in the case of any other compromise of security, you will immediately
notify the OCAM and (b) logoff your account after each use.
6. Protection of Children and Youths
Children and youths' online access is now the trend of the future.
The use of the Internet to acquire knowledge can develop children's
maturity and competitiveness, but there is online content not suitable
for children and youths as well, such as sex and violence. These types
of content may pose a threat to the children or youths' mental or
physical well-being. To ensure the safety of children and youths online,
as well as prevent violation of their privacy, parents (or guardians)
have the responsibility to:
a. First check if the websites have a privacy policy in place to protect
personal information before providing the relevant personal information;
remind children and youths not to reveal any information about themselves
or their family (including name, address, telephone, e-mail, mailbox,
photo and credit card numbers). They must also agree not to meet with
online acquaintances or receive gifts unaccompanied.
7. User's Responsibility and Commitment to Abide by the Law
You promise not to use the OCAM for any illegal purpose or in any
illegal manner. You also promise to follow all relevant laws of the
Republic of China and any international conventions governing the
use of the Internet. If you are an user from outside of the Republic
of China, you also agree to abide by the laws of your area or country.
You agree not to use this service to carry out activities that infringe
on the rights of other people or that are against the law, including
but not limited to:
A. Publishing or transmitting any slanderous, insulting, threatening,
offensive, provocative, untruthful, immoral or other illegal kinds
of text, graphics or files in any format on the OCAM;
B. Infringe other people's reputation, right to privacy, confidentail
business information, trademark, copyright, patent, intellectual property
or other rights;
C. Violate any confidentiality obligations imposed by law or contract;
D. Use other people's name without their permission to access this
Service;
E. Transmit or disseminate computer viruses;
8. System Unavailability or Malfunction
This Service may experience occasional periods of unavailability or
malfunction that may lead to your inconvenience, the loss of data,
error, unauthorized modification of content or other economic losses.
You are recommended to adopt protective measures when using the Service.
The OCAM does not take any responsibility for any damage that may
arise from your use (or inability to use) this Service.
9. Information or Advice
The OCAM does not guarantee the correctness of information or advice
that you acquire through this Service or from websites linked to by
the OCAM. The OCAM reserves the right to modify or delete the information
or advice it provides through this Service at any time. Before making
any related plans or decisions, you are advised to seek the advice
of professionals based on your personal situation.
The OCAM may work with third parties such as other companies and vendors
("Content Providers") at any time to present different content
such as news, messages and newsletters through the OCAM. The OCAM
will clearly indicate the source of such content. Out of respect for
the provider's intellectual property, the OCAM will not carry out
any actual vetting or modification of the provided content, nor take
any responsibility for the truthfulness of the said content. You are
advised to judge the truthfulness or correctness of the provided content
for yourself. If you believe that the content is untrue or involves
infringement of copyright, please direct your feedback to the content
provider.
10. Disclaimer
You clearly understand and agree that:
The OCAM does not implicity or explictly guarantee any aspect of this
Service, including but not limited to its commercial value, appropriateness
for certain purposes and non-infringement of other people's rights.
The OCAM is not responsible for the following items: (i) This Service
will suit your needs (ii) This Service will not be interrupted, will
always be available, is safe and reliable or free from error, (iii)
The results derived from use of this Service are correct or reliable
and (iv) Any product, service, information or other information you
purchase or acquire through this Service meets with your expectations.
Downloading or acquiring any information through this Service should
be made at your own discretion. You bear all responsibility for any
damage or loss of data that may result from the downloading of any
data.
Any advice or information that you acquire from the OCAM or through
this Service, whether oral or in writing, shall not constitute any
guarantee of this service.
11. Member Behavior
Any information, data, text, software, music, audio, photo, graphics,
video, mail or other information (hereafter referred to as "Member
Content") published or transmitted privately by members are the
responsibility of the "Member Content" provider. The OCAM
can not control the "Member Content" published through this
Service, so it does not guarantee its correctness, completeness or
quality. You understand that during your use of this Service you may
encounter offensive, inappropriate or objectionable "Member Content".
Under no conditions shall the OCAM be responsible for any "Member
Content", including but not limited to any errors or omissions,
as well as any loss or damage that may result from publications, e-mails
or transmissions through this Service.
You understand that the OCAM does not vet the "Member Content"
in advance, but the OCAM does reserve the right (but not the obligation)
to reject or remove any "Member Content" provided through
this Service based on its own determination. Where it does not conflict
with the previous principle, the OCAM or its designated representative
has the right to remove any "Member Content" that violates
these Terms of Service or is found to be objectionable. When you use
any "Member Content", the correctness, completeness or usefulness
of the above mentioned "Member Content" must be determined
at your own discretion and you agree to evaluate and take responsibility
for any risks as a result. You understand and agree that the OCAM
may, based on the requirements of the law or on reasonable grounds
as described below, record or reveal "Member Content" to
government organizations, law enforcement agencies or the guardian
of a minor: (a) In accordance with the law or legal request of a government
organization, (b) Enforce these Terms of Service, (c) Respond to any
allegation of infringement of a third party's right or (d) Protect
the rights, property or personal safety of the OCAM, its users or
the general public.
12. Protection of Intellectual Property
The software or programming and website content used by the OCAM including
but not limited to the authored content, graphics, files, information,
data, website structure, website page layout and web page design are
all intellectual property legally owned by the OCAM or other licensed
users. These include but are not limited to trademarks, patents, copyrights,
confidential commercial information or exclusive technologies. These
may not be subjected to unauthorized use, modification, reproduction,
broadcast, revision, dissemination, publication, release, reverse
engineering, decoding or re-encoding. If you wish to cite or provide
the above said software, program or website content, you must acquire
in advance the written legal permission of the OCAM or its authorized
representative. It is your obligation to respect intellectual property,
and if there should be any infringement, you will be held responsible
for compensating the OCAM for any loss or damages (including but not
limited to the cost of the lawsuit and attorneys' fees).
13. Licensing of Your Content to the OCAM
If you are not legally entitled to license other people to use, modify,
reproduce, broadcast, revise, disseminate, publish or release any
content or transfer these rights to a third party, please do not upload,
transmit, enter or provide to the OCAM unauthorized content. Any information
that you upload, transmit, enter or provide to the OCAM will be considered
to have authorized the OCAM to unconditionally use, modify, reproduce,
broadcast, revise, disseminate, publish or release the content for
public or private gain, as well as transfer the above described rights
to a third party with your full assent. You should also guarantee
that any information you provide for the OCAM's use, modification,
revision, reproduction, broadcast, revision, dissemination, publication,
release and licensing does not infringe on the intellectual property
of any third party, or you you will be held responsible for compensating
the OCAM for any loss or damages (including but not limited to the
cost of the lawsuit and attorneys' fees).
14. Refusing or Terminating Your Service
Your agree that the OCAM may based on its own considerations for any
reason including but not limited to lack of use, or that the OCAM
believes your have violated the letter or spirit of any clause within
these Terms of Services, to terminate the use of your password, account
(or part thereof) or this Service. Any "Member Content"
provided through this Service will also be removed and deleted. The
OCAM may also based on its own considerations terminate this Service
or any of its parts with or without prior notification. You agree
that the Service provided in accordance with these Terms of Service
may be terminated at any time without prior notification. You also
acknowledge and agree that the OCAM has the right to immediately suspend
or delete your account along with all associated files, and terminate
the use of this service. Additionally, you agree that if your use
of this Service has been terminated, the OCAM shall not be held liable
by you or any third party.
15. Legal Basis and Jurisdiction
The interpretation and applicability of these Terms of Service, as
well as any disputes that may arise from these Terms of Service shall
be settled in accordance with the laws of the Republic of China. The
Taipei District Court of Taiwan shall have initial jurisdiction of
this matter. |
|