Terms of Use Version 2007-9; posted and effective as of 1 Septempter 2007 |
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Applicable to the NSE Web sites at the following URL/domain names: www.nse.com.tw
BY ACCESSING THE NSE INC. ("NSE") WORLD WIDE WEB PAGES (THESE "Site Pages") AT ONE OF THE URL/ DOMAIN NAMES NOTED ABOVE (THIS "Site"), YOU AGREE TO THE FOLLOWING PRIVACY POLICY (THIS "Policy") AS STATED BELOW. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DISCONTINUE YOUR USE OF THIS SITE.
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Modification of Site |
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NSE may change these Site Terms, or change, modify or withdraw access to, or the content of, this Site and these Site Pages at any time, with or without notice, so you should recheck these Site Terms prior to each visit to or use of this Site. NSE has posted above the effective date of this version of these Site Terms for your reference. |
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Applicability |
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The content of this Site, including without limitation pricing of products and items sold on this Site (if any), information about mobile phones, and general information about wireless communications, is applicable to products sold in Taiwan from this Site and not necessarily to products sold in other markets or from other Web sites.
These Site Terms are applicable to this Site and only this Site, and not any other of NSE Corporation or any of its related companies' websites or website-like channels (whether based on technologies such as the Internet, cable, satellite, wireless application protocol (a/k/a WAP), wireless local area network (a/k/a WLAN), Bluetooth (infrared or other similar radio wave technology), wired connection from a local computer, short or smart messaging service (a/k/a SMS) or other subsequently developed technologies), or any other channels or aspects of NSE's or such companies' business operations. |
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Restricted Use and Copyrights |
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The information, photographs, audio and video clips, ringing tones, picture images, graphics, links, architecture, including format, layout and data structures, and other content on this Site are protected in Taiwan. and in other countries by a variety of laws, including but not limited to copyright laws and treaty provisions, trademark laws and proprietary rights laws. The images or pictures of NSE products, people or places are either property of, or used with permission by, NSE. The use of this Site's text, audio, images or pictures by you, or anyone else authorized by you, is strictly prohibited, except in compliance with these Site Terms. Except for certain Site content that may be owned by third parties, NSE Corporation and/ or its related companies own copyright in the individual elements of this Site's content, as well as in the selection, coordination and arrangement of this Site's content. Reproduction, transfer, distribution or storage of part or all of the contents of this Site in any form without the prior written permission of NSE is prohibited, except in accordance with these Site Terms. NSE consents to your browsing this Site on your computer or storing these Site Pages on your computer, or printing copies of extracts from these Site pages, for your personal use only and not for redistribution, unless otherwise consented to in writing by NSE. The limited consent granted in these Site Terms shall terminate automatically if you breach any of these Site Terms. Upon any such termination, you must immediately destroy any disk loaded copies of these Site Pages, or applicable printed materials. Individual documents in these Site Pages may be subject to additional terms indicated in those documents. Unauthorized use of the materials displayed on this Site may violate copyright, trademark, privacy, publicity and/or communications laws and regulations. |
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Framing |
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If you want to frame any of these Site Pages or any portion of this Site for access through your Web site, please email NSE and in the subject line of your email state "Framing Request" and provide any other pertinent information, including a link to your site, so that NSE can evaluate your request. NSE reserves the right to withhold its approval of any such framing activities. NSE will notify you electronically or in writing with approval or disapproval. |
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Trademarks |
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NSE®, NSE CONNECTING PEOPLE®, XPRESS-ON™, CLUB NSE™, NAVI™ Key and other NSE product names, logos, commercial symbols, trade names and slogans are trademarks of NSE Corporation and/or its related companies and are protected by Taiwan. and international trademark laws. You are prohibited from using any of the marks appearing on this Site without the express prior written consent of NSE Corporation, except as permitted by applicable laws. The other marks and logos shown on this Site may be marks owned by third parties that are not affiliated with NSE Corporation and/or its related companies. Such marks appear for identification purposes only and are the property of their respective companies. Nothing shown on this Site should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this Site without the written permission of NSE or the third party that may own the trademark, service mark or trade name at issue. NSE prohibits, without prior NSE written consent, the use of any NSE logo or mark as a hyperlink to this Site or any other NSE Web site. |
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Disclaimers |
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All of the data contained on this Site relating to third-party products or services, including but not limited to, the prices and the availability of any service, product, product feature, or coverage of service, if any, should be verified with the company supplying the product or service and is subject to change without notice. NSE reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in, any data contained on this Site.NSE is not responsible for any loss or damage that is caused by your reliance on any data contained on this Site.
This Site and the contents of these Site Pages are provided as a convenience to you on an "AS IS" and "AS AVAILABLE" basis. NSE does not warrant that your access to these Site Pages will be uninterrupted or error-free. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE SITE PAGES. NEITHER NSE, NOR ANY OF ITS CONTRACTORS INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE CONTENTS OF THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF NSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NSE ASSUMES NO RESPONSIBILITY, AND SHALL HAVE NO LIABILITY FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF OR ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF NSE IN ANY SUCH CASE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NSE also incorporates into these Site Terms all of the disclaimers as set forth in the printed version of the user guide corresponding to the respective models of telephones referenced in this Site, including but not limited to the disclaimers of warranties and liability. If you do not have a copy of the appropriate user guide, you may, as applicable, (i) download the appropriate user guide from this Site, (ii) order one from this Site, subject to availability, at the price listed on this Site , or (iii) call the NSE.com customer care order hotline 1-888- 256-2098 to place an order to purchase one, subject to availability.
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Security of Online Transactions |
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This Site's Privacy Policy Web page discloses how NSE endeavors to secure any on-line transactions that may be supported on this Site against unauthorized access or improper use of your personal information. Click here to read this Site's Privacy Policy. The terms of this Site's Privacy Policy are incorporated into these Site Terms by this reference. |
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Links; No Endorsement |
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For your convenience, NSE may include links to other sites on the Internet that are owned or operated by third parties. When linking to a third-party site, you do so at your own risk and should review and determine if you agree to that site's terms and conditions of use (legal policy) before using such site. You also agree that NSE has no control over the content of any such sites and cannot assume any responsibility for material posted on or published by third-party sites. In addition, a link to a non-NSE site does not imply that NSE endorses the site or the products or services referenced on such third party site. You may link to this Site for non-commercial purposes only.
Privacy and Submissions This Site's Privacy Policy Web page discloses how NSE will maintain and use any personally identifiable information obtained from your site visit(s) to this Site. Click here to read this Site's Privacy Policy.
For all other submissions of information or content by you to this Site, the following terms apply. By submitting information or material (such as feedback, data, text, software, music, sound, photographs, graphics, video, messages, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like, or any other material) to NSE, for example, by e-mail or via this Site, you license and grant NSE and its affiliates and sub-licensees a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, copy, modify, adapt, create derivative works from, distribute, and display or publish such content or any concept described in it throughout the world in any media or product, including, without limitation mobile phone products and covers, advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use, acknowledgement of source, accountability or liability, and with waiver of all moral rights and rights of attribution, integrity and identity. With regard to such content submissions, you understand and agree that you are solely responsible for the content submitted and NSE shall not be liable in any way for such content, and you agree to indemnify and hold NSE and its affiliates harmless from all claims, liabilities, damages and expenses (including attorneys' fees) resulting from the content you submit to this Site if any third party takes action against NSE in relation to such content, including without limitation for alleged infringement of intellectual property rights or any injury to persons or tangible or intangible property. Additionally, with regard to content submissions, you agree that:
(a) You will not post, publish, transmit, distribute, or upload any information through this Site that is unlawful or fraudulent, or violates any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. In connection therewith you represent and warrant to NSE that your content does not infringe the trademarks, copyrights, patents, or other intellectual property rights of any third parties;
(b) The content will not contain any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's privacy, or that NSE may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;
(c) You will not, without first using reasonable efforts to scan and remove any viruses or any contaminating or destructive features before submitting any content to this Site, post, publish, transmit, distribute, or upload any information through this Site that contains a virus, Trojan horse, "sniffer" routines, backdoors, worms, time bombs, bots, or any other harmful software code, file, program or programming routine or other contaminating or destructive features;
(d) You are the author and own the content or have the unlimited right to provide it to NSE;
(e) You agree not to take action against NSE in relation to content that you submit;
(f) Your content submission shall not cause injury or harm to any persons or entities;
(g) You will not use this Site to "stalk" or harass another person;
(h) Your use of this Site will not compromise the security or integrity of NSE's computer systems, networks or Web sites or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this Site or its infrastructure, or using any, computer programming routine, file or device to damage or interfere with the operation of this Site;
(i) You will not post, publish, transmit, distribute, or upload through this Site any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, including without limitation spamming NSE or other Site users, or use or collect Site user e-mail addresses or other user information or postings, or use this Site to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to NSE or any site visitor's computer system;
(j) You will not register with or otherwise use a false name or identity, impersonate any person or entity, including without limitation NSE personnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another users password (if applicable), forge headers or otherwise manipulate identification information to falsify or disguise the origin of content, or falsify or misrepresent any content with respect to submissions to this Site; and
(k) You will follow all applicable laws and regulations applicable to your use of this Site. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
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Managing Content |
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NSE does not and cannot monitor and review the content posted, if any, by users on this Site, and is not responsible for such content. However, NSE may at any time at its discretion remove any content posted by users. NSE asks that you closely review and utilize the submission requirements stated in the "Privacy and Submissions" section above.
NSE respects the intellectual property rights of others and asks you and all users of this Site do the same. Please make special note that only the copyright owner of a musical composition (usually the original composer or the applicable licensing company) or related digital file may give you permission to use such musical composition as a mobile phone ring tune. Without such permission, you may be found liable for copyright infringement.
NSE can make no representation or warranty or assist you in determining whether you have rights to utilize the content you submit to this Site. You may not commercially exploit copyrighted materials or works without first obtaining the appropriate permission or authorization from the rights holder. NSE is not responsible for ensuring that appropriate rights have been secured.
If you are having difficulty deciding whether your content or work infringes another's intellectual property rights or is otherwise inappropriate for submission to this Site, NSE strongly encourages you to seek competent legal counsel before submitting the content in question.
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Copyright Infringement Claims |
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Pursuant to the law, written notifications of claimed copyright infringement should be sent to NSE's designated copyright agent
To be effective, the notification must include the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(2) Identification or description of the copyrighted work claimed to have been infringed;
(3) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
(4) Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Governing Law |
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As used in these Site Terms, "NSE" means NSE Inc. NSE operates and controls this Site from locations within Taiwan.
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