痞客邦 PIXNET

Welcome to PIXNET! PIXNET Digital Media Corporation (“the Company”) provides PIXNET Member Services (collectively “Services,” defined below) to you subject to the following Terms of Service (“TOS”). The purpose of the TOS is to protect the interests of the Service provider and all users (“Members”), forming a binding contract between Members and the Service provider. You should read carefully all provisions of the TOS before completing the registration procedures, or starting to use the Services. By clicking on the "I Agree" button or using the Services, you confirm that you are fully aware of and agree to all the terms and provisions of the TOS and fully understand its legal consequences. If you are without legal capacity or of limited legal capacity (such as minors under the age of twenty, depending on jurisdiction), you must have a legal representative (such as a parent, aider or legal guardian) review this agreement, and acquire their consent before joining and using the Service. By accessing and using the Services, you confirm that your legal representative has reviewed, understood and agreed to the terms of the TOS.

I. Scope of PIXNET Services

Once your application is completed and approved, the Company will provide you with Services at the “basic” level, including Album, Blog, Guestbook, Profile and other possible Services that may be provided in the future. The Services will be provided based on the features available and in the state they are available at that time. The Company reserves the right to add, modify or suspend certain systems or functions within the Service at any time.
Once the user completes the online application form and all registration procedures, the Company will set up the relevant system settings for the applicant. The date the Services become available for the user is considered the date for the beginning of Services. If you purchase or use paid Services, you must promptly provide the information required during the transaction process, as well as any information necessary to provide you with the relevant Services. It is your duty to make sure that all the information you provide is accurate, correct and up to date. If any of the data on record should change, you should immediately update your information in our database.
3. All relevant domain names, network addresses, functions, and other rights and interests available to Members through use of the Services, are and shall remain exclusive property of the Company and/or their legal rights holders. Members may exercise these rights in accordance with the TOS only during the Service period, and may not assign, transfer, lease, loan their membership rights to any third party.

II. Disk Space and Data Storage

In addition to the paid Services provided under VIP membership, the Company reserves the right to add or modify the amount of storage space available.
The Company will regularly back up your stored data, but the Company is not responsible for any data that is deleted or data that may be lost due to backup failure.
The Service does not guarantee that the information you upload will be displayed properly, nor does it guarantee the accuracy of data transmission. If you find an error or omission in the system, please notify us immediately.

III. Account, Passwords and Security

Before you start using our Services, you must complete the registration procedures set by the Company. It is your duty to enter all information thoroughly and accurately during the registration process. Should any problem arise out of the inaccuracy of the data on record or your failure maintain its accuracy, you must assume full responsibility.
You will receive a username and password upon completion of the Service registration process. You are responsible for maintaining the confidentiality of these account credentials and are fully responsible for all activities that occur while logged in with your username and password. You should ensure that you logout from your account at the end of each session. Do not transfer or loan your account to third parties. You agree to immediately notify the Company of any unauthorized use of your username and password or any other breach of security. The Company will assist you as soon as possible, but cannot be held liable for any loss or damage, or bear any kind of responsibility or obligation for your compensation.

IV. Data Privacy Policy

The Company will adhere to its privacy policy in protecting the privacy of all Members, including account details, personal information and other data stored on the site. Except in the event that the data in question is believed to be illegal, infringing, or a violation of the TOS, the Company will not monitor, delete, modify, shut down, or share personal information with third parties (including sponsors and advertisers), without consent from the Member.
Some of the services provided by the Company may be the result of collaboration with partnering service providers. If you do not wish to expose your personal information to other partners, you can choose not to use these particular services. However, if you start using these specific services, you agree to release your Registration Data to that particular service partner. The Company will clearly notify you prior to the data collection or transmission, before disclosing your Registration Data to that particular service partner.
You agree that in the following circumstances, the Company can review or provide your personal information to a court of law, regulatory or law enforcement agencies, or an aggrieved party that produces appropriate evidence to make a claim of infringement:
(1) When required by law, or under orders from a law enforcement agency.
(2) For the purpose of enforcing the terms of this agreement.
(3) To maintain the normal operation and security of Member Services.
(4) For the protection of the legal rights of other Members or third parties.

V. Protection of Children and Teenagers

Due to the abundance of information on the internet, it is inevitable that some content might not be suitable for children and teenagers, such as content of violent, sexual or criminal nature. In order to protect children and teenagers from being exposed to inappropriate content, the Company will implement a content reporting mechanism for reporting offensive and inappropriate content. In addition, the parent or guardian has the following obligations:
(A) Teenagers from the age 12 to 18 should be restrained from accessing content uploaded by other users that contain violence, pornography or encouraging crime.
(B) Children under the age of 12 should be accompanied by their parents or guardians while using PIXNET, in order to avoid children's exposure to inappropriate information.

VI. Advertising on PIXNET Services

The Company retains exclusive ownership rights to the operation and management of all pages and advertising spaces, including but not limited to banner advertisements, popup advertisements or other forms of advertising and messages at the top of the webpage and in other spaces that the Company deems appropriate. Without obtaining prior consent from the Company, Members and other third parties may not sell, manage or provide online advertising or similar services by any means on behalf of their selves or in the name of a third party. The personal blog pages of Members are exempt from this condition.
Individual advertisers or sponsors assume full responsibility for the content of their advertising displayed on PIXNET sites. The Company bears no responsibility related to the content of advertisements.

VII. Member Conduct

The Member shall abide by a relevant laws, statutes, rules and other regulatory guidelines, and shall not conduct of the following acts:
(1) Publish, transmit, disseminate or store any files or information that may constitute defamation, fraud, assault, obscenity, pornography, gambling, abuse, deceit or any other behavior violating the laws of the Republic of China.
(2) Publish, transmit, disseminate or store any data that may constitute infringement of intellectual property or other interests.
(3) Without prior permission, the Member shall not reproduce or otherwise make use of any content obtained from databases in the Services, whether in full or in part.
(4) Publish, transmit, disseminate or store viruses or other malicious computer programs designed to interrupt, destroy or limit the functionality of computer systems of the Company and/or any other party.
(5) Damage or interfere with the operation of the Services, or to breach general Internet etiquette.
(6) Gain unauthorized access to the Service, including through the fraudulent use of stolen credentials, or forge false identification information to impersonate others.
(7) Any attempt to steal account information, passwords or access rights.
(8) Interfere with or disrupt other Members from using the Services.
(9) Any other behavior that does not meet the purpose of membership usage provided by the Service.
(10) Damage or interfere with any information, activities or functions provided by Service; or intrude into, or attempt to intrude or destroy systems providing the Service; or engage in any infringing or destructive acts through use of the Service.
(11) Engage in illegal activities or publish messages that may entice others to commit a criminal act or trade.
The User acknowledges and agrees that the copyright or other intellectual property rights of the various types of text, images files, pictures, and other works or materials in the Services shall remain the property of their legitimate rights holders, and are only licensed to Members for their personal use on their personal PIXNET pages in accordance with the conditions and limitations set forth at the time of licensing. Without prior authorization, the reproduction, public recitation, public broadcasting, public exhibition, public performance, public transmission, adaptation, distribution, publication, sale, transfer, lease, loan, sublicensing of these texts, image files, pictures and other works or materials, or any other form of use, including uploading to any other website or otherwise making said materials available for the use of others is expressly prohibited.
Ths Company does not perform any form of formal or substantive examination of the content transmitted, posted or published by Members. If the rights or legality of any text, image files, pictures, and other works or materials uploaded by a Member to the Services are in dispute, the Company may, at any time and without prior notice, cease providing Service for the Member, or delete the text, image files, pictures, or other works and materials in question, or notify the Member to cease using the Service. If you believe any content on the Service or any Member’s usage of the Service has resulted in the infringement of your copyrights, please contact customer service through the PIXNET service center and we will assist you to solve your issue as soon as possible.
In the event that any pornographic, abusive, defamatory or otherwise unacceptable images are discovered, the Company will immediately remove the content and delete the account, without prior notice.

VIII. Limitation of Liability

The Service is provided by the Company "as is" and "as available" at that particular time. The Company gives no warranties, expressed or implied, and assumes no responsibility for specific requirements or needs of users, including but not limited to speed, security, reliability, completeness, accuracy, and availability of uninterrupted and error-free service.
Members assume sole responsibility for evaluating the suitability of publicly transmitting any pictures, text and other types of content uploaded to the website. The Company will make every effort to ensure the security of your information, but cannot guarantee that any files or data are reliable and accurate during the transmission process, nor guarantee the security, reliability, completeness, accuracy, or uninterrupted and error-free availability of any stored files or data.
Members shall evaluate and assume sole responsibility for the risks associated with downloading any e-mails, files or other data from the Service, and may not hold the Company liable for any damage or loss that results from the download.
Any information, data, text, software, music, audio, photographs, graphics, videos, messages or other materials uploaded, transmitted, published or privately transferred to the Service by you and other Members (hereinafter referred to as "User Content") is the sole responsibility of the provider of said “User Content". We are unable to control the "User Content" posted via the Service and therefore do not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to unpleasant or offensive "User Content." In no event whatsoever will the Company be held responsible for any "User Content", including but not limited to, any errors or omissions, and any loss or damage caused by post, e-mails, and transmissions through the Service.

IX. Suspension or Interruption of Service

In the event of a suspension or interruption of the Service’s systems or functions due to routine maintenance, relocation, or other changes, the Company will notify Members of the scheduled suspension or interruption of service via e-mail, notices or other appropriate means. You agree that the Company may not be held liable for damages for such suspensions or interruptions of service.
In the following circumstances, the Company may suspend or interrupt all or parts of the Service, and assumes no responsibility for any direct or indirect damages to the user:
(1) The Service is suspended or interrupted due to a relocation, replacement, upgrades, maintenance or repair of hardware and software for the Service.
(2) The Service is suspended or interrupted due to users’ violation of government regulations or conditions set forth in the TOS.
(3) The Service is suspended or interrupted due to a natural disaster or other force majeure.
(4) The service is suspended or interrupted due to any causes that are not attributable to the Company.
If the service is suspended due to events attributable to the Company, the Company will compensate VIP members with an extension of their VIP membership based on the extent of the outage.

X. Termination

Based on the Company's operational considerations, all or parts of the Service may cease to be provided. Members may not claim any damages or compensation for such a discontinuation of service.
In the event of a violation of the TOS, the Company reserves the right to temporarily suspend or permanently terminate the Service of any Member. You may not claim any damages or compensation for such a suspension or termination.
You agree that if any files or data you post, transmit, send or store is in violation of any law, in violation of the TOS, or violates the rights and interests of any third parties, the Company may, without prior notice and at any time, move or delete such data, or suspend rights to the Service, and will not assume liability for any damages. If the Company is suffers damages due to above event, you will be liable to compensate the Company for such damages.
The membership service system will automatically detect whether a Member account is in active use or not. If the account is continuously inactive for more than one year, the system will automatically delete all the files, information, user settings and preferences for that account without backup, and the account’s membership shall be terminated. Determination of inactivity will be based solely on data recorded by the Company’s membership service systems.

XI. Modification to TOS

The Company reserves the right to modify the TOS at all times. The Company shall inform the user by means of a public announcement on PIXNET membership service site. Members agree to review the terms on their own initiative and there will be no individual notice. The Member’s continued use of the Services shall be regarded as acceptance of the modified terms.
In the event that any part of the TOS is rendered fully or partially invalid, the effectiveness of other valid terms shall not be affected.

XII. Applicable Law and Jurisdiction

The interpretation and application of the TOS and settlement of disputes arising from the TOS are governed by the laws of the Republic of China without regard to any conflict between law provisions.
You agree that the Taiwan Taipei District Court shall have exclusive jurisdiction over all questions and controversies arising out of or in connection with the performance or execution of the TOS.