1. SCOPE AND AGREEMENT
You are responsible for making allarrangements necessary for you to have access to MONITORMATE. You are alsoresponsible for ensuring that all persons who access MONITORMATE through yourmobile device and internet connection, respectively, are aware of these Termsand Conditions, and that they comply with them.
2. MEMBERSHIP ELIGIBILITY
MONITORMATE's services are available onlyto, and may only be used by, individuals who can form legally binding contractsunder applicable law. You represent and warrant that all registrationinformation you submit is accurate and truthful. MONITORMATE may, in its solediscretion, refuse to offer access to or use of MONITORMATE to any person orentity and change its eligibility criteria at any time. This provision is voidwhere prohibited by law and the right to access MONITORMATE is revoked in suchjurisdictions. Individuals under the age of 18 must at all times use MONITORMATE'sservices only in conjunction with and under the supervision of a parent orlegal guardian who is at least 18 years of age. In this case, the adult is theuser and is responsible for any and all activities.
No individual should have more than onesingle account at any time. MONITORMATE has the right to limit an individual toone account when it deems it necessary to protect its users from fraud, or therisk of fraud.
Accounts must be registered only by theindividual seeking membership. Registration of accounts in a name other thanthe registrant's, fictitious or real, is expressly prohibited. Such useconstitutes fraud and may give rise to criminal prosecution and substantialdamages. MONITORMATE prosecutes fraud to the fullest extent of the law.
You agree to comply with all local lawsregarding online conduct and acceptable content. In addition, you must abide byMONITORMATE's policies as stated in the Agreement and the MONITORMATE policydocuments listed below (if applicable to your activities on or use of MONITORMATE)as well as all other operating rules, policies and procedures that may bepublished from time to time on MONITORMATE by MONITORMATE, each of which isincorporated herein by reference and each of which may be updated by MONITORMATEfrom time to time without notice to you.
In addition, some services offered through MONITORMATEmay be subject to additional terms and conditions promulgated by us from timeto time; your use of such services is subject to those additional terms andconditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fullyresponsible for all activity, liability and damage resulting from your failureto maintain password confidentiality. You agree to immediately notify us of anyunauthorised use of your password or any breach of security. You also agreethat we cannot and will not be liable for any loss or damage arising from yourfailure to keep your password secure. You agree not to provide your usernameand password information in combination to any other party other than MONITORMATEwithout MONITORMATE' express written permission.
You must keep your account informationup-to-date and accurate at all times, including a valid email address. To giveand take items on MONITORMATE you must provide and maintain authentic personalinformation such as valid phone number and email address.
You may not transfer or sell your MONITORMATEaccount and User ID to another party.
3. USING MONITORMATE
While using MONITORMATE and/or the Website,and any Communication Services you will not:
post content or items which fall under aninappropriate category or areas on MONITORMATE or our Website;
violate any laws, third party rights, orour policies such as the Prohibited and Restricted Items Policy (as defined andof which details are set out in section [ ] below);
use our sites or services if you are notable to form legally binding contracts under the applicable laws, are under theage of 18, or are suspended from MONITORMATE.
manipulate the price of any item orinterfere with other users' listings;
circumvent or manipulate our fee structure,the billing process or fees owed to the us;
post false, inaccurate, misleadingdefamatory, libellous content or personal or private information in relation toother users;
distribute or post spam, chain letters, orpyramid schemes;
distribute through MONITORMATE of any viruses,worms or any other technologies that may harm or cause detriment to ourinterests, the interests of MONITORMATE, the Website or the interests orproperty of other MONITORMATE users;
defame, abuse, harass, stalk, threaten orotherwise breach the legal rights (such as rights of privacy and publicity) ofothers;
advertise or offer to sell or buy any goodsor services for any business purpose, unless such Communication Servicespecifically allows such messages;
download any file posted by another user ofa Communication Service that you know, or reasonably should know, cannot belegally distributed in such manner;
restrict or inhibit any other user fromusing and enjoying the Communication Services;
breach any code of conduct or otherguidelines which may be applicable for any particular Communication Service;
copy, modify and/or distribute content fromthe Website and its sub-domains, including our copyrights and trademarks; or
harvest or otherwise collect any data orinformation about users (which may be private or otherwise) without theirconsent.
Without limiting other remedies, we maylimit, suspend, or terminate our service and user accounts, prohibit access toour sites and their content, delay or remove hosted content, and take technicaland legal steps to keep users off MONITORMATE if we think that they arecreating problems or possible legal liabilities, infringing the intellectualproperty rights of third parties, or acting inconsistently with the letter orspirit of our policies. Additionally, we may, in appropriate circumstances andat our discretion, suspend or terminate accounts of users who may be repeatinfringers of intellectual property rights of third parties. We also reservethe right to cancel unconfirmed accounts or accounts that have been inactivefor a long time.
We have no obligation to monitor anyservices provide on MONITORMATE. However, we reserve the right to review anyposted materials and to remove any materials in our sole discretion. We reservethe right to terminate your access to MONITORMATE at any time without notice ifwe reasonably believe that you have breached these terms.
4. PROHIBITED, QUESTIONABLE AND INFRINGINGITEMS AND ACTIVITIES
You are solely responsible for your conductand activities on and regarding MONITORMATE and any and all data, text,information, usernames, graphics, images, photographs, profiles, audio, video,items, and links (together, "Content") that you submit, post, anddisplay on MONITORMATE.
Your Content and your use of MONITORMATEshall not:
be false, inaccurate or misleading';
be fraudulent or involve the transaction ofillegal, counterfeit or stolen items
infringe upon any third-party's copyright,patent, trademark, trade secret or other proprietary or intellectual propertyrights or rights of publicity or privacy;
violate this Agreement, any site policy, orany applicable law, statute, ordinance or regulation (including, but notlimited to, those governing export control, anti-discrimination or falseadvertising)
be defamatory, trade libelous, unlawfullythreatening, unlawfully harassing, impersonate or intimidate any person(including MONITORMATE staff or MONITORMATE staff or other users), or falselystate or otherwise misrepresent your affiliation with any person, through forexample, the use of similar email address, nicknames, or creation of falseaccount(s) or any other method or device
be obscene or contain child pornography
contain or transmit any code of adestructive nature that may damage, detrimentally interfere with,surreptitiously intercept or expropriate any system, data or personalinformation
post images not part of a listing
modify, adapt or hack the Website or MONITORMATEor modify another website or create a another mobile device application so asto falsely imply that it is associated with MONITORMATE or MONITORMATE;
Appear to create liability for MONITORMATEor cause MONITORMATE to lose (in whole or in part) the services of MONITORMATE'ISPs or other suppliers; or
MONITORMATE reserves the right to removeany Content posted by any user onto MONITORMATE which fall under any of thecategories as described in clause 7.2.1 to 7.2.12 above or any Content which isinappropriate for posting on MONITORMATE in the sole discretion of MONITORMATE.
We will not own the materials you provideto us (including feedback and suggestions) or post, upload, input or submit toany MONITORMATE through the MONITORMATE Platfform or its associated services(collectively "Submissions"). However, by posting, uploading,inputting, providing or submitting your Submission, you are granting MONITORMATE,its affiliated companies and necessary sub-licensees a license solely to enableMONITORMATE and MONITORMATE to use your Submission in connection with theoperation of their Internet businesses including, without limitation, therights to: copy, distribute, transmit, publicly display, publicly perform,reproduce, edit, translate and reformat your Submission; and to publish yourname in connection with your Submission. You grant MONITORMATE a non-exclusive,worldwide, perpetual, irrevocable, royalty-free, sub-licensable (throughmultiple tiers) right to exercise the copyright, publicity and database rightsyou have in any Submission you provide to MONITORMATE through MONITORMATE.
No compensation will be paid in relation tothe use of your Submission, as provided in these Terms and Conditions. We areunder no obligation to post or use any Submission you provide and may removeany Submission at any time in our sole discretion.
By providing a Submission to MONITORMATEthrough MONITORMATE, it becomes possible for a third party website or a thirdparty person to re-post that Submission. You agree to hold MONITORMATE harmlessfor any dispute concerning this use. If you choose to display your own MONITORMATE-hosted image on another website, the image must provide a link back to itslisting page on the Website.
By posting, uploading, inputting, providingor submitting your Submission, you warrant and represent that you own orotherwise control all of the rights to your Submission as described in thissection including, without limitation, all the rights necessary for you toprovide, post, upload, input or submit the Submissions.
6. LINKS TO THIRD PARTY WEBSITES / THIRD PARTYSERVICES
Linked Websites are not under our controland we are not responsible for the contents of any Linked Website including,without limitation, any link contained in a Linked Website, or any changes orupdates to a Linked Website. We are not responsible for webcasting or any otherform of transmission received from any Linked Website. We are providing theselinks to you only as a convenience, and the inclusion of any link does not meanwe endorse the site or have any association with its operators. These Terms andConditions do not cover your interaction with Linked Websites, and you shouldcarefully review the Terms and Conditions and privacy policies of any thirdparty sites.
Always use caution when giving out anypersonally identifying information about yourself or your children when usingany communication services featured on MONITORMATE, including withoutlimitation, bulletin board services, chat areas, communities, and/or othercommunication facilities designed to enable you to communicate with other usersor the public at large ("Communication Services"). We do not controlor endorse the content, messages or information found in any CommunicationService and, therefore, we specifically disclaim any liability with regard tothe Communication Services and any actions resulting from your participation inany Communication Service. Managers and hosts are not our authorisedspokespersons and their views do not necessarily reflect our views.
We reserve the right at all times todisclose any information as necessary to satisfy any applicable law,regulation, legal process or governmental request, or to edit, refuse to postor to remove any information or materials, in whole or in part, in ourdiscretion.
8. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website,you warrant to us that you will not use the Website for any purpose that isunlawful or prohibited by these Terms and Conditions and notices. You must notuse the Website in any manner which could damage, disable, overburden, orimpair the Website or interfere with any other party's use and enjoyment of theWebsite. You must not obtain or attempt to obtain any materials or informationthrough any means not intentionally made available or provided for through theWebsite.
9. INTELLECTUAL PROPERTY
MONITORMATE, MONITORMATE, and other MONITORMATEand MONITORMATE graphics, logos, designs, page headers, button icons, scripts,and service names are the intellectual properties of MONITORMATE and may not beused, including as part of trademark and/or as part of domain names or emailaddresses, in connection with any product or service in any manner that islikely to cause confusion.
The names of actual companies and productsmentioned on MONITORMATE may be the trademarks of their respective owners.
10. CHANGING THESE TERMS AND CONDITIONS
We reserve the right to change the Termsand Conditions under which the Website is offered. We will give three months'notice of these changes to all fee paying members where such changes will resultin a material reduction in the availability, benefits and features of theWebsite. In all other circumstances, we will give notice (which may beimmediate notice) before the changes take effect.
You understand and agree that your use ofthe Website after the date on which the Agreement has changed will be treatedas acceptance of the updated Agreement.
You agree that no joint venture,partnership, employment, or agency relationship exists between you and us as aresult of this Agreement or your use of the Website.
Our performance of this Agreement issubject to existing laws and legal process. Nothing contained in this Agreementis in derogation of our right to comply with governmental, court and lawenforcement requests or requirements relating to your use of the Website orinformation provided to or gathered by us with respect to such use.
If any part of this Agreement is determinedto be invalid or unenforceable under any applicable law, including, but notlimited to, the warranty disclaimers and liability limitations set out above,then the invalid or unenforceable provision will be deemed superseded by avalid, enforceable provision that most closely matches the intent of theoriginal provision and the remainder of the Agreement will continue in effect.
Unless otherwise specified, this Agreementconstitutes the entire Agreement between you and us with respect to the Websiteand it supersedes all prior communications and proposals, whether electronic,oral or written, between you and us with respect to the Website.
You must not assign or otherwise transferthe Terms and Conditions, or any right granted under them, without our writtenconsent. We can freely transfer our rights under the Terms and Conditions.
Any failure by us to enforce or exerciseany provision of the Terms and Conditions, or any related right, will not be awaiver of that provision or right. Any rights not expressly granted in thisAgreement are reserved.
We may provide you with notices, includingthose regarding changes to the Terms and Conditions, by email, regular mail,postings on the Website, or other reasonable means now known or developed inthe future.
A printed version of the Agreement, and ofany notice given in electronic form, will be admissible in judicial or administrativeproceedings based upon or relating to this Agreement to the same extent andsubject to the same conditions as other business documents and recordsoriginally generated and maintained in printed form. It is the express wish ofthe parties that this Agreement and all related documents have been drawn up inEnglish.
If any provision of this Agreement is heldunenforceable, then such provision will be modified to reflect the parties'intention. All remaining provisions of this Agreement shall remain in fullforce and effect.
13. GOVERNING LAW AND DISPUTE RESOLUTION
You agree that these Terms and Conditionsand any dispute or claim arising out of or in connection with them or theirsubject matter or formation (including non-contractual disputes or claims)shall be governed by and interpreted in accordance with the law of Republic ofChina.
Any dispute, controversy or claim arisingout of or relating to this Agreement, or the breach, termination or invaliditythereof, including any claim that this Agreement or any part of this Agreementis invalid, illegal, or otherwise voidable or void, shall be settled byarbitration in accordance with the UNCITRAL Arbitration Rules then in force.The appointing authority and the place of arbitration shall be the Taipei InternationalArbitration Centre. There shall be only one arbitrator. The language of thearbitration shall be Chinese. Any award of the arbitrator shall be enforceableby any court having jurisdiction over the party against which the award hasbeen rendered.
14. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, ANDSERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIESOR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ONTHE WEBSITE. MONITORMATE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/ORCHANGES IN THE WEBSITE AT ANY TIME. INFORMATION AND OPINIONS RECEIVED VIA THEWEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIALDECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFICADVICE TAILORED TO YOUR SITUATION.
ALTHOUGH MONITORMATE WILL USE ITSREASONABLE EFFORTS TO KEEP THE WEBSITE AVAILABLE AND THE INFORMATION ON THEWEBSITE REASONABLY ACCURATE, MONITORMATE AND/OR ITS SUPPLIERS MAKE NOREPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "ASIS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MONITORMATE AND/OR ITSSUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THISINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALLIMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE AND NON-INFRINGEMENT.
GUEST USERS – YOU USE THE WEBSITE AT YOUROWN RISK. NEITHER MONITORMATE NOR ANY COMPANY WITHIN OUR GROUP, AND OUR ANDTHEIR RESPECTIVE AGENTS, EMPLOYEES AND SUB-CONTRACTORS, SHALL BE LIABLE TO YOUOR ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER OR HOWSOEVER ARISING INCONNECTION WITH THE WEBSITE (WHETHER UNDER THESE TERMS AND CONDITIONS OR OTHERCONTRACT OR AS A RESULT OF ANY MISREPRESENTATION, MISSTATEMENT OR TORTIOUS ACTOR OMISSION, INCLUDING NEGLIGENCE).
FEE PAYING MEMBERS –MONITORMATE'S LIABILITYTO YOU FOR ANY LOSS OR DAMAGE IS LIMITED TO DAMAGES OF AN AMOUNT EQUAL TO THESUBSCRIPTION FEE RECEIVED BY MONITORMATE FOR THE SUBSCRIPTION PERIOD IN WHICHTHE LIABILITY AROSE.
Under this clause 18:
"MONITORMATE' liability" includesthat of any company in our group and our and their respective agents employees,sub-contractors; "you" includes any other party claiming through you;"Loss or damage" includes any losses, damages, costs or expenseswhatsoever or howsoever arising in connection with use of the website, whetherunder this agreement or other agreement or as a result of anymisrepresentation, mistatement or tortious act or omission, including neglgience.this section of the terms & conditions does not affect claims relating todeath or personal injury caused by negligence and does not limit or exclude anyliability for fraudulent misrepresentation.