1.Your Information.
1.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
1.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, ZUGO has the right to clear/delete it away. (g) contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web site other than ZUGO's (this does not prevent linking to or advertising an ZUGO item from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited Questionable and Infringing items.
1.3 License. Solely to enable ZUGO to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. ZUGO will only use Your Information in accordance with our Privacy Policy.
2.Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to ZUGO by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of ZUGO and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to
prevent or restrict access to the Site.
3.Feedback.
3.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. To be a vendor/seller, if you did not answer OEM biding 10 bid/inquiry, you will earn a net feedback rating of -10 (minus 10), your membership may be suspended, and you may be unable to entry to bid.
3.2 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by ZUGO, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between ZUGO users, you agree that you shall not market or export your ZUGO feedback rating in any venue other than an ZUGO operated website.
3.3 Import. We do not provide you the technical ability to import feedback from other (non-ZUGO operated) websites to ZUGO because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
4.Breach.
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
5.Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at ZUGO Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
6.No Warranty.
We, our subsidiaries, officers, directors, employees and our suppliers provide our web site and services and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
* Liability Limit.
In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).
* Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
7.Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
8.No Agency.
You and ZUGO are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
9.Notices.
Any notices shall be given by postal mail to ZUGO, Attention to ZUGO Administrator & address: No 58 Minquan St., Beade district , Taoyuan city, Taiwan 334 R.O.C . or to the email address you provide to ZUGO during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ZUGO during the registration process. The notice shall be deemed given 3 days after the date of mailing.
10.Resolution of Disputes.
In the event a dispute arises between you and ZUGO, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ZUGO agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
10.1 Binding Arbitration.: Alternative Dispute Resolution, alternatively, ZUGO will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Taoyuan City Taiwan, ROC, with the Commercial Arbitration Rules of the Commercial Arbitration Association of the Republic of China. The award rendered by the arbitrator(s) shall be final and binding upon both parties.
10.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Taipei. The court of jurisdiction shall be the District Court of Taipei.
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