THANK YOU FOR VISITING ENERGYTREND. BELOW IS THE TERMS OF SERVICE FOR MARKET INTELLIGENCE MEMBERS OF THE ENERGYTREND WEBSITE (HEREINAFTER REFERRED TO AS THE “WEBSITE”). THE WEBSITE IS OWNED AND OPERATED BY TRENDFORCE CORP. (HEREINAFTER REFERRED TO AS “TRENDFORCE”). IN ORDER TO PROTECT YOUR RIGHTS, PLEASE READ THE TERMS AND CONDITIONS OF THE FOLLOWING AGREEMENT CAREFULLY:
1. ABOUT OUR TERMS AND SERVICES
1.1 BY ACCESSING THE WEBSITE OR USING SERVICES PROVIDED BY THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IN THE EVENT OF AN INCONSISTENCY BETWEEN THE AGREEMENT AND ANY ADDITIONAL POSTED CONDITIONS OR SEPARATE USAGE TERMS, THE PROVISIONS OF THE ADDITIONAL CONDITIONS AND/OR SEPARATE USAGE TERMS SHALL OVERRIDE THE TERMS IN THIS AGREEMENT.
1.2 AS THE WEBSITE MAY CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME, YOU WILL BE RESPONSIBLE FOR REGULARLY CHECKING THIS AREA AND FOR REVIEWING ANY SUCH CHANGES. BY USING THE WEBSITE AFTER ANY SUCH CHANGES TAKE PLACE, YOU SIGNIFY YOUR ACCEPTANCE OF THE CHANGE(S) AND YOUR AGREEMENT TO BE BOUND BY THEM.
2. DESCRIPTION OF SERVICES
2.1 ALL CONTENT CONTAINED AND MENTIONED IN THIS WEBSITE IS PROVIDED BASED ON THE TRUE REPRESENTATION OF THE INFORMATION GATHERED. THE WEBSITE RESERVES THE RIGHTS OF FINAL INTERPRETATION OVER ALL OF ITS AVAILABLE CONTENTS.
2.2 AS THE SERVICE AND INFORMATION IS AVAILABLE ON, AND PROVIDED THROUGH, THE INTERNET, YOU ARE RESPONSIBLE FOR THE NECESSARY COMPONENTS AND COMMUNICATION FEES THAT WILL ENABLE YOUR ACCESSIBILITY TO THE INTERNET.
2.3 THE WEBSITE RESERVES THE RIGHT TO CHANGE SUBSCRIPTION RATES, AND/OR UPGRADE FREE SERVICES TO PAID SERVICES DURING THE NORMAL COURSE OF BUSINESS. SHOULD ADJUSTMENTS TO SUBSCRIPTION RATES TAKE PLACE, YOU WILL BE NOTIFIED VIA EMAIL OR OTHER FORMS OF COMMUNICATION.
3. SUBSCRIPTION TO OUR SERVICES
3.1 IF YOU SUBSCRIBE TO A SERVICE WITH THE WEBSITE, YOU WILL BE GRANTED FULL ACCESS TO THAT PARTICULAR SERVICE ONCE THE NECESSARY REGISTRATION PROCEDURES ARE COMPLETE.
3.2 YOU ARE REQUIRED TO SUBMIT TRUE AND VALID INFORMATION WHEN SUBSCRIBING TO A SERVICE, AND SHOULD REVISE AND UPDATE ANY CHANGES IN YOUR PERSONAL INFORMATION WHEN SUCH CHANGES OCCUR. MEMBERS TAKE FULL RESPONSIBILITY FOR ANY LOSS, IN FULL OR IN PART, OF MEMBERSHIP PRIVILEGES RESULTING FROM THE FAILURE TO UPDATE SUCH CHANGES. THE WEBSITE RESERVES THE RIGHT TO RESCIND THE MEMBERSHIP SERVICE WITHOUT ANY COMPENSATION OR REFUND OF ANY FEES ALREADY PAID FOR THE SERVICE.
3.3 UPON SUCCESSFUL SUBSCRIPTION, THE SITE WILL GRANT EACH MEMBER CORRESPONDING ACCESS TO THE WEBSITE. MEMBERS ARE FULLY RESPONSIBLE FOR THE ACCOUNT AND ARE HELD LIABLE FOR ANY ACTIVITIES ON THE ACCOUNT. THE WEBSITE RESERVES THE RIGHT TO ANY LEGAL RECOURSE FOR ANY LOSSES TO THE WEBSITE RESULTING FROM THE MEMBERS' LEAK OF LOGIN ID AND/OR PASSWORD.
3.4 YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD.
3.5 YOU AGREE TO RECEIVE PRODUCT AND/OR SERVICE PROMOTION, OR OTHER RELATED COMMERCIAL INFORMATION, FROM THE WEBSITE, VIA EMAIL OR OTHER FORMS OF COMMUNICATION.
3.6 IF THE AGREEMENT HAS BEEN BREACHED, THE WEBSITE RESERVES THE RIGHT TO RESCIND THE MEMBERSHIP SERVICE WITHOUT ANY COMPENSATION, OR REFUND OF ANY FEES ALREADY PAID FOR THE SERVICE.
3.7 YOU MAY WAIVE YOUR MEMBERSHIP SERVICE, WITHOUT REFUND, SHOULD YOU HOLD OBJECTIONS TO ANY CHANGES TO THE TERMS IN THIS AGREEMENT.
4. GENERAL USER AGREEMENT
4.1 THE WEBSITE HEREBY GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS AND USE THE WEBSITE UNDER THE TERMS DESCRIBED IN THIS AGREEMENT.
4.2 MEMBERS MAY ONLY USE THE SERVICES WITHIN THE BOUNDARIES ESTABLISHED BY THE AGREEMENT, AND CANNOT TRANFER, DESSEMINATE, OR RENT ITS LICENSE TO ANY THIRD PARTIES, INCLUDING UNAUTHORIZED COMPANIES IN THE INDUSTRY, SUBSIDIARIES, OR REINVESTED COMPANIES. THE MEMBER SHALL NOT TRANSFER ITS LICENSE AND SERVICE RIGHTS TO ASSOCIATIONS.
5. PROTECTION OF CHILDREN AND TEENAGERS
IN ORDER TO PROTECT CHILDREN AND TEENAGERS FROM EXPOSURE TO INAPPROPRIATE CONTENT ON THE INTERNET (FOR INSTANCE, VIOLENT MESSAGES AND PORNOGRAPHY), PARENTS OR LEGAL GUARDIANS HAVE THE FOLLOWING OBLIGATIONS:
a. MAKE SURE A WEBSITE HAS A PROPER PRIVACY POLICY BEFORE DECIDING TO PROVIDE ANY PRIVATE INFORMATION, AND CONSTANTLY REMIND CHILDREN TO NOT LEAK ANY PERSONAL OR FAMILY DETAILS LIKE NAMES, ADDRESSES, PHONE NUMBERS, EMAIL ACCOUNTS, PHOTOGRAPHS, OR CREDIT CARD NUMBERS. PARENTS AND LEGAL GAURDIANS NEED TO ENSURE THAT MINORS DO NOT ACCEPT ONLINE MEETING REQUESTS AND INVITATIONS FROM ANY UNKNOWN THIRD PARTIES.
b. CHOOSE CAREFULLY WHAT WEBSITES MAY OR MAY NOT BE ACCESSED BY CHILDREN AND TEENAGERS. ALL CHILDREN AGED UNDER 12 ARE ADVISED TO BE ACCOMPANIED BY A COMPANION WHEN USING THE INTERNET, WHEREAS TEENAGERS AGED BETWEEN 12 AND 18 SHOULD RECEIVE PERMISSION BEFORE DISCLOSING ANY PERSONAL INFORMATION ONLINE.
6. GENERAL RULES OF CONDUCT
YOUR USE OF THE SERVICES IS SUBJECT TO ALL APPLICABLE LAWS AND REGULATIONS, AND YOU AGREE TO FOLLOW THE FOLLOWING RULES OF CONDUCT:
a. YOU WILL COMPLY WITH LAWS AND REGULATIONS RELATING TO THE REPUBLIC OF CHINA;
b. YOU WILL COMPLY WITH ALL THE REGULATIONS RELATED TO NETWORK SERVICES AGREEMENTS, REGULATIONS, AND PROCEDURES;
c. YOU WILL NOT USE THE SERVICE FOR ANY UNLAWFUL PURPOSE;
d. YOU WILL NOT USE THIS SERVICE NETWORK TO ENGAGE IN ANY ACTIVITIES THAT MAY ADVERSELY AFFECT THE NORMAL OPERATION OF THE WEBSITE;
e. YOU WILL NOT ATTEMPT TO INTERFERE WITH, DISRUPT, CONNECT TO, OR VIOLATE THE SERVER OR THE SECURITY MEASURES OF THE SERVICES.
f. YOU WILL NOT RESTRICT, OR INTERFERE WITH ANOTHER MEMBER'S USE AND ENJOYMENT OF THE SERVICES;
g. YOU WILL IMMEDIATELY INFORM THE WEBSITE OF ANY UNAUTHORIZED OR ILLEGAL USE OF USER ACCOUNTS OR BREACH OF SECURITY OF THE WEBSITE.
7. PROPRIETARY RIGHTS
7.1 ALL SERVICES SOFTWARE, DESIGN, TEXT, IMAGES, PHOTOGRAPHS, ILLUSTRATIONS, AUDIO AND VIDEO MATERIAL, ARTWORK, GRAPHIC MATERIAL, DATABASE, PROPRIETARY INFORMATION AND ALL COPYRIGHTABLE OR OTHERWISE LEGALLY PROTECTABLE ELEMENTS OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SELECTION, SEQUENCE AND 'LOOK AND FEEL' AND ARRANGEMENT OF ITEMS, AND ALL TRADEMARKS, SERVICE MARKS AND TRADE NAMES, ARE THE PROPERTY OF THE WEBSITE, OR ITS AFFILIATES, AND ARE LEGALLY PROTECTED BY APPLICABLE LAWS.
7.2 YOU MAY NOT REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, DISPLAY, PERFORM, PUBLISH, DISTRIBUTE, DISSEMINATE, BROADCAST OR CIRCULATE TO ANY THIRD PARTY, ANY MATERIALS CONTAINED ON THE SERVICES WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE WEBSITE OR ITS LEGAL OWNER.
7.3 UNDER AUTHORIZED USE, MODIFICATION, REPRODUCTION, PUBLISHING, OR DISSEMINATION, OF CONTENTS, USERS ARE REQUIRED TO INCLUDE A NOTICE INDICATING THAT THE WEBSITE IS THE SOURCE OF THE MATERIAL, INCLUDING THE NAME OF THE WEBSITE AND ITS URL ADDRESS.
8. POSTINGS
8.1 THE WEBSITE DOES NOT SCREEN OR MONITOR THE ACCURACY OF THE CONTENT THAT YOU UPLOAD, PUBLISH OR DISPLAY (HEREINAFTER, "POSTING"). YOU ARE SOLELY RESPONSIBLE FOR ALL POSTINGS THAT YOU SUBMIT TO, OR SHARE WITH OTHER USERS THROUGH THE WEBSITE.
8.2 YOU WARRANT THAT YOUR POSTINGS WILL NOT CONTAIN ANY MATERIAL THAT IS INAPPROPRIATE, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES TO YOU, OR BETWEEN YOU AND OTHER USERS OF THE WEBSITE, ARISING FROM YOUR POSTING.
8.3 THE WEBSITE RESERVES THE RIGHT IN ITS SOLE DISCRETION TO REMOVE OR EDIT ANY MATERIAL DISPLAYED ON THE WEBSITE FOR ANY REASON WHICH IS BELIEVED TO BE UNLAWFUL, COULD SUBJECT THE WEBSITE AND ITS AFFILIATES TO LIABILITY, VIOLATES THIS AGREEMENT, OR IS OTHERWISE FOUND INAPPROPRIATE IN THE OPINION OF THE WEBSITE.
8.4 YOU AGREE TO THE FOLLOWING WHEN USING THE FORUM FOR ALL POSTINGS:
a. YOUR POSTINGS WILL NOT VIOLATE THE TERMS OF SERVICE CONTAINED HEREIN;
b. YOU ARE SOLELY RESPONSIBLE FOR ALL THE CONTENT OF YOUR POSTINGS;
c. YOU WILL NOT ENGAGE IN ANY COMMERCIAL ORGANIZATION, PRODUCT OR SERVICE PROMOTION, ADVERTISING OR MARKETING, OR ANY OTHER COMMERCIAL ACTIVITIES;
d. YOU ARE PROHIBITED FROM UPLOADING, OR TRANSMITTING POSTINGS THAT CONTAIN ANY MATERIAL THAT:
(i) IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE, SUCH AS MALICIOUS USE OF THE RETURN KEY, OR UPLOADING LARGE PICTURES, WHICH MAY INTERFERE WITH THE PROPER WORKING OF THE SERVICES, ANY ACTIVITIES CONDUCTED ON OR THROUGH THE SERVICES, OR ANY NETWORKS THROUGH WHICH YOU ACCESS THE SERVICES.
(ii) IS OBSCENE OR CONTAINS PORNOGRAPHY, OR IS INACCURATE, MISLEADING, OR VIOLATES ANY LAW OR REGULATION;
(iii) INFRINGES ANY THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY;
(iv) CONTAINS VIRUSES, OR OTHER COMPUTER PROGRAMMING ROUTINES THAT MAY DAMAGE OR INTERFERE WITH THE OPERATION OF ANY SYSTEM, OR UNLAWFULLY INTERCEPT ANY DATA OR PERSONAL INFORMATION;
(v) DISSEMINATES SPAM, CHAIN MAILS, MASS ADVERTISING MESSAGES OR SELLING INFORMATION WITHOUT REQUESTS FROM RECIPIENT;
(vi) IS DEFAMATORY, CONSTITUTES TRADE LIBEL OR PRODUCT DISPARAGEMENT, OR IS UNLAWFULLY THREATENING OR HARASSING TO OTHER USERS.
8.5 YOU AGREE THAT ANY POSTINGS YOU UPLOAD, TRANSMIT, INPUT TO THE WEBSITE FORUM, IS SUBJECT TO THE UNCONDITIONAL USE, MODIFICATION, REPRODUCTION, PUBLIC BROADCAST, DISSEMINATION, DISTRIBUTION, PUBLIC RELEASE BY THE WEBSITE, AND THE WEBSITE MAY AUTHORIZE OTHERS TO THE AFOREMENTIONED USE.
9. ADVERTISEMENT
THE TEXTS, PICTURES, ANIMATIONS, SOUNDS, AND VIDEOS USED BY THE ADVERTISEMENTS FEATURED ON THE WEBSITE AND OTHER PRODUCT OR SERVICE DESCRIPTIONS ARE ALL SELECTED AND PROVIDED BY ADVERTISERS AND ADVERTISING AGENCIES. THE WEBSITE NEITHER CONTROLS NOR REVIEWS THE CONTENTS USED BY THE ADVERTISING PARTIES. YOU WILL BE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND CREDIBILITY OF THE ADVERTISEMENTS.
10. LINKS
THE WEBSITE AND SITES PROVIDING SIMILAR SERVICES WILL CONTAIN LINKS THAT CONNECT TO THE WEBSITES OF OTHER INDIVIDUALS, COMPANIES, AND ORGANIZATIONS. THESE LINKS ARE INTENDED TO MAKE IT CONVENIENT FOR MEMBERS TO SEARCH FOR AS WELL AS OBTAIN RELEVANT INFORMATION ON THE INTERNET. THE WEBSITE DOES NOT GUARANTY THE ACCURACY, COMPLETENESS, TIMELINESS, OR CREDIBILITY OF THE SERVICES AND INFORMATION PROVIDED BY ANY LINKED THIRD PARTY WEBSITES, AND DOES NOT REPRESENT, ENDORSE, OR WARRANT ANY OF THEIR SERVICES AND INFORMATION.
11. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY AND DEFEND THE RIGHT OF THE WEBSITE AND OTHER USERS. YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES OR LIABILITY INCURRED TO THE WEBSITE OR ANY THIRD PARTY, BY VIOLATION OF RELEVANT LAWS, REGULATIONS, OR ANY OF THE TERMS UNDER THIS AGREEMENT, ARISING OUT OF YOUR USE OF THE SERVICES.
12. DISCLAIMERS OF WARRANTIES
12.1 THE SERVICES AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SERVICES ARE SUITABLE FOR BUSINESS USE, APPLICABLE IN SPECIAL CIRCUMSTANCES, OR DO NOT INFRINGE ON THE RIGHTS OF OTHERS.
12.2 THE WEBSITE DOES NOT WARRANT THE FOLLOWING:
a. THE SERVICES FROM THE WEBSITE MEETS YOUR REQUIREMENT;
b. THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE;
c. THE SUITABILITY, EFFECTIVENESS, ACCURACY, COMPLETENESS, RELIABILITY, AND SECURITY OF THE INFORMATION DOWNLOADED FROM THE WEBSITE.
12.3 AS THE SERVICES PROVIDED BY THE WEBSITE IS INTENDED FOR THE USERS’ REFERENCE ONLY, THE WEBSITE SHALL NOT BE RESPONSIBLE FOR ANY INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN.
12.4 THE WEBSITE DOES NOT WARRANT OR PARTICIPATE IN TRANSACTIONS BETWEEN MEMBERS AND ANY OTHER VENDORS THROUGH THE USE OF THE SERVICE, AND ASSUMES NO RESPONSIBILITY FOR DISPUTES ARISING FROM SUCH TRANSACTIONS.
13. LIMITATIONS ON LIABILITY
13.1 IN NO EVENT WILL THE WEBSITE BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS WILL BE THE CASE WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SERVICE.
13.2 THE WEBSITE WILL NOT BE LIABLE FOR INTERRUPTIONS TO ITS SERVICES AS A RESULT OF THE FOLLOWING:
a. HARDWARE REPLACEMENTS, MODIFICATIONS, AND REPAIR;
b. INTERRUPTION OF SERVICE RESULTING FROM MATTERS NOT ATTRIBUTABLE TO TRENDFORCE;
c. INTERRUPTION OF SERVICE RESULTING FROM NATURAL DISASTERS AND OTHER UNAVOIDABLE EVENTS;
d. USER BEHAVIOR THAT VIOLATES GOVERNMENT ORDERS OR THE AGREEMENT’S TERMS AND CONDITIONS.
14. TERMINATION, MODIFICATION, OR INTERRUPTION OF SERVICE
DUE TO THE WEB-BASED NATURE OF THE SERVICE, THE WEBSITE MAY CHANGE, SUSPEND, OR TERMINATE THE SERVICES, IN PART OR IN FULL, AT ANY TIME.
15. GOVERNING LAW AND JURISDICTION
THE INTERPRETATION AND APPLICATION OF THE TERMS HEREIN, AS WELL AS ANY DISPUTES HEREOF, EXCEPT OTHERWISE SPECIFIED BY LAW, SHALL BE DEALT WITH IN ACCORDANCE WITH ROC LAW, AND THE TAIWAN TAIPEI DISTRICT COURT AS COURT OF FIRST INSTANCE.
16. GENERAL
16.1 THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO YOU AND THE WEBSITE, AND SUPERSEDES ANY AND ALL OTHER AGREEMENTS, ORAL OR IN WRITING, WITH RESPECT TO THE WEBSITE.
16.2 IF ANY PROVISION IN THIS AGREEMENT, IN WHOLE OR IN PART, IS INVALID OR UNENFORCEABLE UNDER THE APPLICABLE LAW, THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND BINDING.
16.3 THE SUB-HEADINGS OF THIS AGREEMENT ARE WRITTEN FOR EASE OF COMPREHENSION, AND DO NOT DEFINE, LIMIT, EXPLAIN, OR DESCRIBE, THE SCOPE OR BOUNDARIES OF THE TERMS.
17. CONTACT US
SHOULD YOU HAVE ANY QUESTIONS OR SUGGESTIONS ABOUT THIS AGREEMENT OR THE WEBSITE, PLEASE CONTACT US AT OUR CUSTOMER SERVICE EMAIL.
18. TRENDFORCE RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CHANGE, MODIFY, UPDATE, AND INTERPRET THIS AGREEMENT AT ANY TIME.
19. THIS STATEMENT IS PUBLISHED ON JANUARY 1, 2014 WITH IMMEDIATE EFFECT.