Welcome to the Internet site of Taiwan Tempo Communications (TTC) Corporation: taiwantempo.com.
TTC is collectively referred to below as “we”, “us” or “our”.
website you accept or agree to these terms. If you do not agree to these terms of
use, you may not use this taiwantempo.com website.
Note that special terms may apply to some services offered on this Taiwan Tempo website,
such as fee-based services. These terms are posted in connection with the applicable
the receipt and adequacy of which are hereby acknowledged. Without limiting the generality
of the foregoing, you acknowledge that such consideration includes your use of taiwantempo.com
and receipt of data, materials and information available at or through this website,
the possibility of our use or display of your Solicited Submissions (as defined below
in Section 3, entitled "SUBMISSIONS") and the possibility of the publicity and promotion
from our use or display of your Solicited Submissions.
2. USE OF CONTENT
All information, materials, functions and other content (including Submissions, as
defined in Section 3) (“Content”) contained on TTC websites are our copyrighted property.
All trademarks, service marks, trade names, and trade dress are proprietary to us.
We may change the TTC Sites or delete Content or features at any time, in any way,
for any or no reason.
Except as we specifically agree in writing, no Content from any TTC Site may be used,
reproduced, transmitted, distributed or otherwise exploited in any way other than
as part of the TTC Site, except that where a TTC Site is configured to enable the
download of particular Content, you may download one copy of such Content to a single
computer for your personal, noncommercial home use only, provided that you (a) keep
intact all copyright and other proprietary notices, (b) make no modifications to
the Content, and (c) do not use the Content in a manner that suggests an association
with our products, services or brand. Any business use, "re-mailing" or high-volume
or automated use of TTC Sites is prohibited.
In the event that we offer downloads of software on a TTC Site and you download such
software, the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the "Software")
are licensed to you by us or third-party licensors for your personal, noncommercial
home use only. We do not transfer title to the Software to you. You may not distribute
or otherwise exploit the Software or decompile, reverse engineer, disassemble or
otherwise reduce the Software to a human-readable form.
concepts, suggestions, stories, formats, artwork, photographs, drawings, videos,
audiovisual works, your and/or other persons' names, likenesses, voices, usernames,
profiles, actions, appearances, performances and/or other biographical information
or material, and/or other similar materials that you submit, post, upload, embed,
display, communicate or otherwise distribute (collectively, "Distribute") on or through
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions.
"Solicited Submissions" means those Submissions (a) that we expressly request or
enable you to provide to us via any feature or activity on a TTC Site for our review
or display and possible specifically-defined consideration or compensation (collectively,
"Consideration") (such as prizes or other value in games, sweepstakes, contests and
promotions); and (b) that you Distribute on or through any TTC Site for which you
do not seek Consideration (such as in our Guest Services and in Public Forums (as
defined below in Section 5, entitled "PUBLIC FORUMS AND COMMUNICATION"). "Unsolicited
Submissions" are any and all Submissions that do not fall within subparagraphs (a)
or (b) of this paragraph.
We want to avoid the possibility of future misunderstandings when projects developed
by us or under our direction might seem to others to be similar to their own creative
work. We therefore ask that you not Distribute any Unsolicited Submission. In any
event, you agree that any Submissions you make is not being made in confidence or
trust and that no confidential or fiduciary relationship is intended or created between
you and us in any way, and that you have no expectation of any review, compensation
or consideration of any type (other than any stated Consideration). No contract is
implied from any Unsolicited Submission.
use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly,
we, our licensees, distributors, agents, representatives and other authorized users
shall be entitled to exploit and disclose all Submissions, and we shall not be liable
to you or to any person claiming through you for any exploitation or disclosure of
4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and
other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free,
sub-licensable and transferable (in whole or part) worldwide license under all copyrights,
trademarks, patents, trade secrets, privacy and publicity rights and other intellectual
property rights you own or control to use, reproduce, transmit, display, exhibit,
distribute, index, comment on, modify, create derivative works based upon, perform
and otherwise exploit such Submissions, in whole or in part, in all media formats
and channels now known or hereafter devised (including on TTC Sites, on third party
web sites, and on physical media) for any and all purposes including entertainment,
news, advertising, promotional, marketing, publicity, trade or commercial purposes,
all without further notice to you, with or without attribution, and without the requirement
of any permission from or payment to you or to any other person or entity (the "Submissions
By communicating a Submission, you represent and warrant that the Submission and
your communication thereof conform to the Rules of Conduct (set forth below in Section
you own or have the necessary rights, licenses, consents and permissions, without
the need for any permission from or payment to any other person or entity, to exploit,
and to authorize us to exploit, such Submission in all manners contemplated by these
Submissions License) do not limit any past or future grant of rights, consents, agreements,
assignments and waivers you may have made or make with respect to Submissions.
You hereby appoint us as your agent with full power to enter into and execute any
document and/or do any act we may consider appropriate to confirm the grant of rights,
To the extent any "moral rights," "ancillary rights," or similar rights in or to
the Submissions exist and are not exclusively owned by us, you agree not to enforce
any such rights as to us or our licensees, distributors, agents, representatives
and other authorized users, and you shall procure the same agreement not to enforce
from any others who may possess such rights.
We have adopted and implemented a policy that provides for the termination, in appropriate
circumstances as determined by us in our sole discretion, of users who are infringers
5. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of any TTC Site that
offers the opportunity for users to Distribute Submissions for viewing by one or
more TTC Site users, including a chat area, message board, instant messaging, mobile
messaging, social community environment, profile page, conversation page, blog, e-mail
function (including electronic greeting cards).
You acknowledge that Public Forums and features offered therein are for public and
not private communications, and you have no expectation of privacy with regard to
any Submission to a public Forum. We cannot guarantee the security of any information
you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on
or through any TTC Site under your username or otherwise by you in any Public Forum
and for the consequences of submitting and posting same. We have no duty to monitor
any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge
that the use of any Submission posted in any Public Forum is at your own risk. For
example, we are not responsible for, and we do not endorse, the opinions, advice
or recommendations posted or sent by users in any Public Forum and we specifically
disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify
or otherwise use or take any action with respect to Submissions you Distribute.
6. RULES OF CONDUCT
The following Rules of Conduct apply to TTC Sites. By using TTC Sites, you agree
that you will not Distribute any Submission that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right
of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or
(d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal
activities with the intent to commit them, including a Submission that is, or represents
an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking
in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft,
or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent,
trademark, trade secret or other proprietary or contractual rights; (b) right of
privacy (specifically, you must not distribute another person's personal information
of any kind without their express permission) or publicity; or (c) any confidentiality
4. contains a virus or other harmful component, or otherwise tampers with, impairs
or damages TTC Sites or any connected network, or otherwise interferes with any person
or entity's use or enjoyment of the TTC Sites; or
5. (a) does not generally pertain to the designated topic or theme of the relevant
Public Forum; (b) violates any specific restrictions applicable to a Public Forum,
including its age restrictions and procedures; or (c) is antisocial, disruptive,
or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing"
as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing
and us, you hereby assume all risk of harm or injury resulting from any such lack
7. COOPERATION; REMOVAL OF SUBMISSIONS
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse
to post or communicate or remove any Submission from any TTC Site that violates these
parties, and/or disclose to third parties any Submission or personally identifiable
information, when we believe in good faith that such identification or disclosure
will either (i) facilitate compliance with laws, including, for example, compliance
the Rules of Conduct) and/or our contest, promotions, and game rules, and/or protect
the safety or security of any person or property, including any TTC Site. Moreover,
we retain all rights to remove Submissions at any time for any reason or no reason
8. CONTENT ACCESSIBLE THROUGH LINKS FROM TTC SITES AND SEARCH RESULTS
You should be aware that when you are on a TTC Site, there may be links to other
sites that take you outside of our service to sites that are beyond our control,
such as banner advertisements and links from advertisers, sponsors and content partners
that may use our logo(s) as part of a co-branding relationship. You acknowledge that
when you click on any of the aforementioned links, the sites you are taken to are
are not responsible for such sites. We do not endorse and cannot ensure that you
will be satisfied with any products or services that you purchase from a third-party
site that links to or from any TTC Site or third-party Content contained on our sites.
We strongly encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any third parties.
Nor can we be held responsible for the accuracy, relevance, legality or decency of
material contained on sites retrieved in searches and/or listed in search results
or identified on search results pages.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO TTC SITES OR ANY THIRD PARTY SITES
OR SERVICES LINKED TO FROM ANY TTC SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY
AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT
ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY
TTC SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM
AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES
(INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
TTC Sites may contain the opinions and views of other users. Given the interactive
nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy,
efficacy, or veracity of any content generated by our users.
The content of TTC Sites is not intended to, and do not, constitute legal or professional
advice, and may not be used for such purposes. You should not act or refrain from
acting on the basis of any content included in, or accessible through, the TTC Sites
without seeking the appropriate legal or other professional advice on the particular
facts and circumstances at issue from a lawyer or licensed professional.
You are responsible for maintaining the confidentiality of your username(s), password(s),
and your account(s), as well as all activities that occur under your account(s).
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors,
agents, representatives and other authorized users, and each of the foregoing entities'
respective resellers, distributors, service providers and suppliers, and all of the
foregoing entities' respective officers, directors, owners, employees, agents, representatives
and assigns (collectively, the "Indemnified Parties") harmless from and against any
and all losses, damages, liabilities and costs (including settlement costs and any
legal or other fees and expenses for investigating or defending any actions or threatened
actions) incurred by the Indemnified Parties in connection with any claim arising
the TTC Sites and/or your account(s). You shall use your best efforts to cooperate
with us in the defense of any claim. We reserve the right, at our own expense, to
employ separate counsel and assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES,
OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS
OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY
(INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM
(A) THE USE OF, OR THE INABILITY TO USE, ANY TTC SITE OR CONTENT, OR (B) THE CONDUCT
OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A TTC SITE OR ANY OTHER PERSON
OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID
BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY
ACTIVITY RELATED TO ANY TTC SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR
LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS,
SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR
OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO TTC SITES OR CHANGE THE TTC SITES OR DELETE
CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE
12. JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to these
in the Republic of China, and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. We make no representation
that Content on any TTC Site is appropriate or available for use in any particular
location. Those who choose to access a TTC Site do so on their own initiative and
are responsible for compliance with all applicable laws including any applicable
and/or addition of any portion thereof). If we make a material amendment to these
last e-mail address that you provided us, and/or by posting notice of such amendment
of use will be effective thirty (30) calendar days following either our dispatch
of an e-mail notice to you or our posting of notice of the changes on the Web Sites.
Please note that, at all times, you are responsible for updating your personal information
to provide us your current e-mail address. In the event that the last e-mail address
that you have provided us is not valid, or for any other reason is not capable of
delivering to you the notice described above, our dispatch of the e-mail containing
such notice will nonetheless constitute effective notice of any amendment described
in the notice.
14. GENERAL PROVISIONS
of the Republic of China, without giving effect to any principles of conflicts of
unenforceable, then that provision shall be deemed severable from these terms of
use and shall not affect the validity and enforceability of any remaining provisions.
or continuing waiver of such provision or any other provision, and our failure to
as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE
OF ACTION SHALL BE PERMANENTLY BARRED.
Supply of goods, services and software through TTC Sites is subject to applicable
laws and regulations of the Republic of China. By acquiring any such items through
TTC Sites, you represent and warrant that your acquisition comports with and your
use of the item will comport with those requirements.