1.1 Content of the Site. The Site provides an online platform for audience to access information, text, images, and videos.
3. CONTENT PROVISION
3.1 Content Provided. HORSE shall have the right to determine the Content and the way the Content is provided to the User. User confirms that HORSE may, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all of the Content at any time without prior notice to User. In the event User fails to provide any material necessary to the services of the Site or to use the services of the Site within the time period prescribed by HORSE, User shall not be able to enjoy the services of the Site and shall have no right to request any damages resulting therefrom.
3.3 Content Provided by Third Party. User acknowledges and agrees that certain content offered via the Site may be provided by a third party (“Third Party Content”), and HORSE shall have no liability for such Third Party Content. HORSE is entitled, at its sole discretion, to remove, modify, upgrade, suspend, cancel or terminate any and all such Third Party Content at any time without prior notice to User, and HORSE shall not be liable for any of the foregoing measures.
4. PROHIBITED USES
4.2 Security Violation. User is prohibited from violating or attempting to violate the security of the Site including, without limitation, accessing data not intended for Users or logging into a server or account that Users are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any User, host or network, or sending unsolicited e-mail. Violation of system or network security may result in civil or criminal liability.
4.3 Violation of Law. User shall not use the Site
(1) for transmitting, distributing or storing material in violation of any applicable law or regulation;
(2) in any manner that will infringe the patent, trademark, copyright, trade secrets or other intellectual property rights of others or violate the privacy or personal rights of others;
(3) in any manner that is libelous, obscene, threatening, abusive or hateful; or
(4) in any manner contrary to any applicable laws.
4.4 False Advertising. User shall not post any false, inaccurate, misleading or libelous content on the Site. In addition, advertisements shall not be fraudulent or involve the sale of counterfeit goods.
4.5 User shall not provide fraudulent information, make fraudulent offers of items, or engage in the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable laws, or otherwise promote other illegal activities;
infringe or otherwise encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secrets or other proprietary right or rights of privacy or other legitimate rights;
(1.) violate any applicable law, statute or regulation (including without limitation, those governing import/export control, unfair competition, foreign exchange control, anti-discrimination or false advertising);
(2.) provide or promote information, content or materials that are obscene;
(3.) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(4.) provide or post information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
(5.) attempt to copy, reproduce, exploit or expropriate HORSE’s various proprietary directories, databases, listings and information;
(6.) engage in any scheme to undermine the integrity of the computer systems or networks used by HORSE and/or of any Content, or attempt to gain unauthorized access to such computer systems or networks;
(7.) transmit any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal data;
(8.) provide or post any material that constitutes unauthorized advertisement or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, creates civil liability, or otherwise violates any law or regulation;
(10.) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; and/or
(11.) directly or indirectly violate any applicable laws.
5. INTELLECTUAL PROPERTY
The Content of the Site is the intellectual property of HORSE or other right holders, as the case may be, and is protected by the applicable laws related to copyright, trademark and other proprietary rights and may not be downloaded or otherwise duplicated without the express written permission of HORSE or the right holders. All title, ownership and intellectual property rights in the Content shall remain with HORSE. Use of any of the foregoing without obtaining consent from HORSE is strictly prohibited and HORSE reserves all rights therein.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 No Liability from User’s Activities. HORSE is not responsible for the conduct of any User’s activities on the Site and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
6.2 No Liability from Information Posted by User. HORSE is not responsible, and shall have no liability to User or anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material. The risk of damage from such material rests entirely with each User or third party. HORSE shall have no obligation to review any of the content posted by User on the Site.
6.3 No Liability from Service, Site Error or Interruption.
6.4 Disclaimer relating to Provision of Content. The Site and/or the Content provided through the Site are provided on an “as-is” basis and HORSE hereby expressly disclaims any and all warranties, express or implied, including, without limitation, any warranties of title, quality, condition, performance, accuracy, reliability, merchantability or non-infringement. To the maximum extent permitted by law, all such warranties, representations, conditions and terms are hereby excluded. Users assume full responsibility and risk for use of the Content on or through the Site.
6.5 No Representation of Accuracy or Ability. Although HORSE will endeavor to ensure maximum integrity and accuracy of the Site, HORSE makes no representations or warranties about the validity, legality, accuracy, quality, reliability, stability or completeness of any information or products provided on or through the Site, to the extent permitted by law.
6.7 Links to Other Sites. The Site may contain links to third-party web sites. These are provided solely as a convenience to Users and do not constitute an endorsement by HORSE of the contents on such third-party web sites. If any User accesses any linked third-party web sites, such User(s) does so entirely at its own risk.
6.8 Cooperation with Governmental Authorities. HORSE reserves the right to cooperate fully with governments, courts, prosecution or investigation agencies, law enforcement bodies, private investigators, and/or injured third parties in the investigation of any suspected criminal, civil or administrative illegal conduct. HORSE may disclose the User’s identity, contact and any other information, if requested by a governmental authority, court, prosecution or investigation agency, law enforcement body, private investigator or injured third party, or as a result of a subpoena or other legal action. HORSE shall not be liable for damages resulting from such disclosure, and User agrees not to bring any action or claim against HORSE relating to such disclosure.
6.9 No Liability for Damages. In no event shall HORSE be liable for any damages whether or not HORSE has been advised of the possibility of such damages, arising out of or in connection with use of the Site, inability to use the Site by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or unauthorized access by third parties to data or private information of any User. HORSE shall not be liable for any type of damages including, without limitation: special, direct, indirect, incidental or consequential damages; damages from loss of profits, loss of goodwill, loss of data, business interruption, or other intangible losses. whether or not HORSE has been advised of the possibility of such damages, arising out of or in connection with the use of the Site; inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or unauthorized access by third parties to data or private information of any User.
6.10 Aggregate Liability. Without prejudice to the above and subject to applicable laws, the aggregate liability of HORSE, its employees, agents, directors, officers, affiliates, representatives, assigns, third party suppliers of information or documents or anyone acting on its behalf with respect to each User for all claims relating to the use of the Content, the Site or the information, products and documents provided on the Site shall be limited to NT$20,000 with respect to each User for all claims relating to the use of the Content, the Site or the information, products and documents provided on the Site. Such amount shall be in lieu of all other remedies that User may have against HORSE and shall not preclude the requirement by the User to prove actual damages.
8. USER INDEMNIFICATION
9.4 Headings. Headings herein are inserted for convenience of reference only and in no way define, limit, construe or describe the scope or extent of such section.