1.1 Content of the Site. The Site provides an online platform for companies and organizations to access or use of the information, materials, documents, text, images, video clips, directories, files, databases, listings, service, and/or mechanisms provided via the Site and/or use the services concerning business-to-business e-commerce trades, as well as other services, provided via the Site for engaging in e-commerce trades (Content).
3. CONTENT PROVISION
3.1 Content Provided. yueheap shall have the rights to determine the Content and the way the Content provided to User. User confirms that yueheap 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 yueheap, User shall not be capable of enjoying the services of the Site and shall have no right to request for 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), including but not limited to the Third Party Content provided by a registered user of the Site (Member), PayPal, HiTRUST, the issuing bank(s), payment or amount transfer service provider(s), logistics service provider(s), certification service provider(s), eBay, and/or other trading platforms, and yueheap shall have no liability for such Third Party Content. The Member shall follow the terms and conditions set forth by such third party provider (including but not limited to the restriction set forth by the third party in accordance with the applicable laws and regulations regarding foreign exchange control or others as the case may be). yueheap is entitled to, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all such Third Party Content at any time without prior notice to User, and yueheap shall not be liable for any of the foregoing measures.
4. PROHIBITED USES
4.2 Not for End Consumer. The products or services listed on the Site shall be only for the purposes of business to business e-commerce trades. No User shall purchase any product or service as an end consumer or provide any end consumer with any product or service via the Site. User shall indemnify and hold yueheap harmless from and against any and all damages and lost arising therefrom.
4.3 Security Violation. User is prohibited from violating or attempting to violate the security of the Site including, without limitation, accessing data not intended for them or logging into a server or account which they 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.
4.4 Violation of Law. User shall not use the Site (1) for transmitting, distributing or storing material in violation of any applicable law or regulation; or (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 publicity or other personal rights of others; (3) in any manner that is libelous, obscene, threatening, abusive or hateful; or (4) in any manner against any applicable laws.
4.5 No Legal Capacity. User shall not use the Site if it does not have legal capacity to form legally binding contracts.
4.6 False Advertising. User shall not post any false, inaccurate, misleading or libelous content on the Site. Also, the advertisement shall not be fraudulent or involve sale of counterfeit goods.
4.7 Spam. User shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.
4.9 User shall not:
contain fraudulent information or make fraudulent offers of items or involve 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 publicity and privacy or other legitimate rights;
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);
provide or promote information, content or materials that is obscene;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
involve attempts to copy, reproduce, exploit or expropriate yueheap™s various proprietary directories, databases, listings and information;
involve any scheme to undermine the integrity of the computer systems or networks used by yueheap and/or any user of the Content, or attempt to gain unauthorized access to such computer systems or networks;
use or provide 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;
contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
be part of a scheme to defraud other Users or other users of the Site or for any other unlawful purpose; and/or
directly or indirectly violate any applicable laws.
5. TRANSACTIONS BETWEEN MEMBERS
5.1 Independence of Site Provider. User acknowledges and agrees that yueheap is not a party of, nor is it involved in, any transaction related to the Site as any buyer, supplier or trading counterparty, and yueheap does not represent the supplier or the buyer either.
5.2 Assumption of Transaction Risks and Liabilities. User assumes full responsibility for all risks and liabilities in connection with the purchase or sale of products and Content on the Site and acknowledges and agrees that yueheap shall not be responsible or liable for any damages, liabilities, costs, inconveniences, business disruption or expenditures of any nature that may arise as a result of or relating to any transaction risks or liabilities (including without limitation: the lawfulness of the products or Content offered for sale on the Site, the ability of the suppliers to complete a sale (including but not limited to stock and logistics affairs) or the buyers to complete a purchase, misrepresentation. quality, quantity, safety, mislabeling, defective of the products or Content, insolvency or overdue payment, fraudulent schemes, breach of warranties and delivery mishap). The Member shall be fully responsible for the aforementioned transaction risks and liabilities.
5.3 Indemnification. In the event any User has a dispute with any trading counterparty, such User agrees to indemnify and hold yueheap harmless from any and all damages (including actual, direct, indirect, consequential and special damages) or expenses (including but not limited to those for claims, requests, actions, or demands (including court expenses and attorney fees)) suffered or incurred by yueheap therefor.
6. INTELLECTUAL PROPERTY
The Content of the Site are the intellectual properties of yueheap or other right holders, as the case may be, which are 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 yueheap or the right holders. All title, ownership and intellectual property rights in the Content shall remain with yueheap. Use of any of the foregoing without obtainment of consent from yueheap is strictly prohibited and yueheap reserves all rights therein.
7. DISCLAIMER AND IMITATION OF LIABILITY
7.1 No Liability from User™s Activities. yueheap 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.
7.2 No Liability from Information Posted by User. yueheap is not responsible, and shall have no liability to it or anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User or third party. yueheap shall have no obligation to review any of the contents posted by User on the Site.
7.3 No Liability from Service, Site Error or Interruption. yueheap shall not in any way be liable to Users or any third parties for any loss, injury, claim, liability or damage of any kind resulting from (i) any errors or inaccuracies in or omissions from the Site or any Content or products obtainable therefrom; (ii) the unavailability or interruption of the Site or any features and applications thereof; (iii) User™s use of the Site; (iv) the service provided or the Content contained on the Site; (v) any delay or failure in performance due to the use of or inability to use the Site; and/or (vi) the cancellation, termination or alternation of the services of the Site, in whole or in part, attributed to User (including but not limited to fail to pay membership fee on time, renew the agreement on time and any other nonperformance of User obligation).
7.4 Disclaimer of Provision of Content. The Site and/or the Content provided through the Site are provided on an as-is basis and yueheap hereby expressly disclaims any and all warranties, whether 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.
7.5 No Representation of Accuracy or Ability. Although yueheap will endeavor to ensure maximum integrity and accuracy of the Site, to the maximum extent permitted by law, yueheap makes no representations, warranties about the validity, legality, accuracy, quality, reliability, stability or completeness of any information or products provided on or through the Site, the ability of any supplier to sell the items, the ability of any buyer to purchase the products, or that any transaction will be completed.
7.6 Own Risk. Any materials downloaded or obtained otherwise through the use of the Content is done at each User™s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download or use of any such material.
7.8 Links to Other Sites. The Site may contain links to third party web sites. These are provided solely as a convenience to Users and not in any way as an endorsement by yueheap 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.
7.9 Cooperate with Government Authorities. yueheap reserves the right to cooperate fully with government(s), court(s), prosecution or investigation agency(ies), law enforcement body(ies), private investigator(s), and/or injured third party(ies) in the investigation of any suspected criminal, civil or administrative illegal conduct(s). yueheap may disclose the User's identity, contact and any other information, if requested by government(s), court(s), prosecution or investigation agency(ies), law enforcement body(ies), private investigator(s) or injured third party(ies), or as a result of a subpoena or other legal action, and yueheap shall not be liable for damages or results thereof and User agrees not to bring any action or claim against yueheap for such disclosure.
7.10 No Consequential Damages. In no event shall yueheap be liable for any damages including, without limitation: special, direct, indirect, incidental or consequential damages, including but not limited to damages from loss of profits, goodwill, use, data or other intangible losses, business interruption, whether or not yueheap 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.
7.11 Aggregate Liability. Without prejudice to the above and subject to applicable laws, the aggregate liability of yueheap, 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; such amount shall be in lieu of all other remedies which User may have against yueheap and shall not preclude the requirement by the User to prove actual damages.
9. USER INDEMNIFICATION
11.4 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.