Definitions
By completing the enrollment process and becoming a "User", you agree to, and are bound by, the terms of this Agreement. As a User, an individual is awarded an Account and may access the "products" available on the MIC website which consist of information services and content provided by the Market Intelligence & Consulting Institute (MIC) of the Institute for Information Industry (III), affiliates of MIC and other third parties.
General
(A) This Agreement, which incorporates by reference other provisions applicable to use of the MIC website, including, but not limited to, supplemental terms and conditions governing the use of certain specific material contained in the MIC website, sets forth the terms and conditions that apply to use of the MIC website by user. By using the MIC website (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the MIC website and products is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) MIC shall have the right at any time to change or discontinue any aspect or feature of the MIC website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Changed Terms
MIC shall have the right at any time to change or modify the terms and conditions applicable to User's use of the MIC website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the MIC website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the MIC website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Equipment
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the MIC website and all charges related thereto.
User Conduct
(A) User shall use the MIC website for lawful purposes only. User shall not post or transmit through the MIC website any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MIC's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in MIC's discretion restricts or inhibits any other User from using or enjoying the MIC website will not be permitted. User shall not use the MIC website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become Users of other on-line information services competitive with the MIC website.
(B) The MIC website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the MIC website are copyrighted as a collective work under the international copyright laws. MIC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MIC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in, or deletion of, author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on the MIC website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the MIC website, User automatically grants, or warrants that the owner of such material has expressly granted MIC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants MIC the right to edit, copy, publish and distribute any material made available on the MIC website by User.
(D) In no event will MIC, or any person or entity involved in creation, producing or distribution the MIC website any related service or product, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the MIC website. User hereby acknowledges that the provisions of this section shall apply to all content on the MIC website.
(E) Member account, password and security. User will receive a password and account designation upon completing the Service's registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under user's password or account. User agrees to (a) immediately notify MIC of any unauthorized use of user's password or account or any other breach of security, and (b) ensure that user exits from user account at the end of each session. MIC cannot and will not be liable for any loss or damage arising from user failure to comply with this Section.
(F) User's registration obligations. In consideration of user's use of the Service, user agrees to: (a) provide true, accurate, current and complete information about user as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If user provide any information that is untrue, inaccurate, not current or incomplete, or MIC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MIC has the right to suspend or terminate user's account and refuse any and all current or future use of the Service (or any portion thereof).
(G) The foregoing provisions of Section 5 are for the benefit of MIC, III, affiliates of MIC and III, as well as their third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability
(A) User expressly agrees that use of the MIC website is at user’s sole risk. Neither MIC, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the MIC website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the MIC website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the MIC website.
(B) The MIC website is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that MIC is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.
(D) In no event will MIC, or any person or entity involved in creation, producing or distribution the MIC website any related service or product, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the MIC website. User hereby acknowledges that the provisions of this section shall apply to all content on the MIC website.
(E) In addition to the terms set forth above neither MIC, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the MIC website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither MIC, nor its affiliates, information providers or content partners, warrant or guarantee the timeliness, sequence, accuracy or completeness of information provided by the MIC website. Additionally, there are no warranties as to the results obtained from the use of the information.
Monitoring
The MIC website may contain links to other Web sites. Please be aware that MIC is not responsible for the privacy practices of such other sites. This privacy statement applies solely to information collected by the MIC web site.
Indemnification
User agrees to defend, indemnify and hold harmless MIC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the MIC website by User or User's Account.
Termination
Either MIC or User may terminate this Agreement at any time. Without limiting the foregoing, MIC shall have the right to immediately terminate User's Account in the event of any conduct by User that MIC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Trademarks
MIC, III, Asia IT Report, and the MIC website and each of their logos are trademarks of the Institute for Information Industry. All rights reserved. All other trademarks appearing on the MIC website are the property of their respective owners.
Third Party Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the MIC website, are those of the respective author(s) or distributor(s) and not of MIC. Neither MIC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
MIC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the MIC website by anyone other than authorized MIC employee spokespersons while acting in their official capacities. Under no circumstances will MIC be liable for any loss or damage caused by a User's reliance on information obtained through the MIC website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the MIC website.
Copyrights and Copyright Agents
MIC respects the intellectual property of others, and we ask our users to do the same. If user believe that user's work has been copied in a way that constitutes copyright infringement, or user's intellectual property rights have been otherwise violated, please provide MIC's Copyright Agent the following information:
(A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(B) a description of the copyrighted work or other intellectual property that user claim has been infringed;
(C) a description of where the material that user claim is infringing is located on the site;
(D) user's address, telephone number, and email address;
(E) a statement by user that user have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(F) a statement by user, made under penalty of perjury, that the above information in user's Notice is accurate and that user are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
MIC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: MIC; 19F., No.216, Sec2, Dunhua S. Rd., Taipei 106, Taiwan, R.O.C.
By phone: +886 (2) 27356070
This Agreement constitute the entire agreement between user and MIC and govern User's use of the Service, superceding any prior agreements between user and MIC. User also may be subject to additional terms and conditions that may apply when user use affiliate services, third party content or third party software. This Agreement and the relationship between user and MIC shall be governed by the laws of the Republic of China without regard to its conflict of law provisions. User and MIC agree to submit to the personal and exclusive jurisdiction of the courts located within Taipei. The failure of MIC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. User agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous.
This Agreement and any operating rules for the MIC website established by MIC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the international copyright laws, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.