Membership Agreement of IFIDEA
Terms of Service
1. Acknowledge and accept the terms
(1) IFIDEA provides the online trading platform services (hereinafter referred to as "the Service") on its website (http://www.IFiDEA.com) in accordance with the following Terms of Service. When a member uses the Service, it assumes that the Member has read, understood and agreed to accept all the contents of the Terms of Service. In addition, when a member uses IFiDEA's specific services, he/she may comply with additional terms of service or related regulations announced by IFiDEA, based on the specific nature of the service. Such additionally announced terms of service or related regulations (including but not limited to anti-spam policies) will also be incorporated as part of this Terms of Service. IFiDEA reserves the right to modify or change the content of the Terms of Service at any time, and therefore it is recommended that Members should keep following these changes or modifications. If a member continues to use the Service after any change or modification, it is assumed the member has read, understood and agreed to accept such change or modification. If a member does not agree to the content of the Terms of Service, or the country or region to which the member belongs does not agree with all or part of the content of the Terms of Service, the Member shall immediately stop using the Service.
(2) If a member is under the age of 20, in addition to complying with the above provisions, before he/she can use or continue to use the Service, the member's legal representative (or guardian) should read, understand and agree to all the contents of the Terms of Service and subsequent modifications or changes. When a member uses or continues to use the Service, it is assumed that the Member's legal representative (or guardian) has read, understood and agreed to accept all content of the Terms of Service and subsequent modifications or changes.
2. The service of the online trading platform
(1) IFiDEA only provides the service of online trading platform for the members to publish commodities and trade voluntarily.
(2) The published commodities, descriptions, and related information including published advertisements, are provided, uploaded and released by members voluntarily, and are published on the website automatically by the system of the Service. There is no filtering or reviewing the contents in advanced by IFiDEA, and IFiDEA does not accept any express or implied promise or guarantee for the authenticity, legality, and immediacy of the contents. However, if any commodity, description, or related information published by members violates the law, violates the public order and good morals, infringes on the rights of third parties, or violates the membership contract, IFiDEA may delete it, make it unable to be restored and accessed, or take other restrictive measures directly without prior notice.
(3) Whenever IFiDEA considers it necessary, it shall request the member to promptly provide explanations and relevant information upon the involved disputes or doubts of its member registration materials, products and related information published by the member, and other transactions related matters.
(4) The transactions conducted via IFiDEA shall be the responsibility of the buyer and the seller to conduct transaction negotiation and performance, IFiDEA has not any express or implied promise or guarantee of the willingness and ability of the buyer and seller to perform the transaction, or the quality, safety and legality of the goods or services they are trading. If the parties of the transaction dispute the negotiation or performance of the transaction, the parties of the transaction shall coordinate and resolve the dispute voluntarily.
(5) The members shall agree that IFiDEA will send the information related to the member's service or marketing activities to the member regularly or irregularly.
(6) Taxes, fees and costs incurred by the transactions conducted via IFiDEA shall be borne and paid by the parties of the transactions in accordance with the provisions of the relevant laws or deeds of the contracts.
3. Connections to the third party websites
Service or cooperative suppliers may provide links to other websites or web resources. Members may, therefore, link to websites operated by other operators, but it does not mean that IFiDEA has any relationship with them. The websites operated by other operators are the responsibilities of corresponding operators and are not in the scope of IFiDEA’s control and responsibility. IFiDEA does not guarantee the correctness, completeness, immediacy, validity, suitability, and dependability of any search results or external links. Members may search or link to sites that make them feel uncomfortable or are irrelevant. This is the possibility of the Internet. In such cases, it is recommended that members do not browse or leave the site as soon as possible. Members shall agree that IFiDEA is not responsible for any damages caused by the members' linking to the websites that do not belong to IFiDEA.
4. Privacy right policy
Member registration and other specific information about members are protected and regulated in accordance with IFiDEA's Privacy Right Policy. Members shall understand that, when using the Service, members shall agree that IFiDEA has the right to collect and utilize the personal data of them in accordance with the Privacy Right Policy, for usages including transmission and storage across borders and the internal use of IFiDEA and its affiliates.
5. Registration obligations of members
In order to use the Service, Members shall agree to the following items:
(1) Provide the latest, complete and correct information of the member himself/herself in accordance with the registration instructions of the Service.
(2) Maintain and update the member's personal information to ensure that it is the latest, complete and correct. If the member provides any false, incorrect or incomplete information, IFiDEA reserves the right to suspend or terminate the member's account and refuse the member to use all or part of the Service.
6. Accounts and passwords of members
After the registration of the Service, members will have a set of accounts and passwords. Please note that members are responsible for maintaining the confidentiality and safety of their accounts and passwords. Members shall also agree to the following:
(1) When the members' accounts or passwords have been stolen or there occurs any other security problem, the members shall immediately notify IFiDEA
(2) Once the connection is completed, please log out and end the use of the accounts.
7. Protection of children and teenagers
Children and teenagers using Internet service have become an inevitable trend. Using the Internet to obtain knowledge can improve the maturity and competitiveness of children. However, there are indeed certain contents on the Internet that are inappropriate for children and teenagers, such as pornography and violence, from which children and teenagers may suffer mental and physical harm. Therefore, in order to ensure the safety of children and teenagers using the Internet and to avoid violations of their privacy rights, legal representatives (or guardians) should fulfill the following obligations:
(1) Do not upload, post, publish or transmit any texts, pictures or any other forms of records that are defamatory, insulting, offensive, threatening, indecent, defamatory, false, in violation of public order or good morals or other illegal content on to the Service.
(3) Do not violate the obligations of confidentiality under the law or contract
(4) Carefully choosing the appropriate websites for children and teenagers to browse. Children under the age of 12 should be accompanied during the whole process while using the Internet. Teenagers in the age between 12 to 18 using the Internet should be considered whether it is appropriate and should be allowed or not.
8. User's law-abiding commitments and obligations
Members promise not to use the Service for any illegal purpose or in any illegal method and promise to comply with the relevant laws and regulations of the Republic of China and all international conventions of using the Internet. The Member shall agree and promise that the Service will not be used to violate the rights or interests of others, or other illegal activities, including but not limited to:
(1) uploading, posting, publishing or transmitting any file, picture or any form of text that is defamatory, insulting, offensive, threatening, indecent, defamatory, false, in violation of public order or good morals, or other illegal content on to the Service.
(2) Infringement of the reputation, privacy right, business secret, trademark right, copyright, patent right, other intellectual property right and other rights of others.
(3) Violation of the confidentiality obligations in accordance with the law or the contract.
(4) Use the service in the name of others.
(5) Uploading, posting, transmitting or distributing any computer viruses or any code that can generate functions of interruptions, damages or restrictions to the software or hardware of computers.
(6) Engaging in illegal transactions or posting false or crime-inducing reports.
(7) Providing gambling information or inducing others to participate in gambling in any way.
(8) Trafficking of firearms, drugs, a banned substance, pirated software or other prohibited items.
(9) Spamming advertising mail, spam, chain letters, illegal multi-level pyramid sale, etc.
(10) Harming minors in any way.
(11) Falsifying information source or interfering the identification of the transmission source in any way.
(12) Interfering or disrupting the Service or the server or the network connecting the Service, or violating the relevant requirements, procedures, policies or rules linked to the Service, including but not limited to: using any equipment, software to deliberately avoid the robot exclusion headers of IFiDEA.
(13) Providing any substantial support or resources for terrorism.
(14) Tracking or interfering other people, or collecting or storing others’ personal information for the foregoing reasons.
(15) Other behaviors that IFiDEA has a legitimate reason to believe that it is inappropriate.
9. System interruption or malfunction
Interruption or malfunction may occur to the Service sometimes, which may cause inconvenience, loss of data, errors, being tempered or other economic losses to members. Members shall take precaution when using the Service. IFiDEA shall not be responsible for any damages caused by the use (or inability to use) of the Service by the Member, except for intentional or gross negligence.
10. About usage and storage measures and restrictions.
(1) Members agree that IFiDEA may set measures and restrictions on the Service, including but not limited to retaining email messages, contents on notice boards or other uploaded contents to the maximum period, the upper limit of emails that can be sent or received through one account of the Service, the upper limit of document size that can be sent and received via email of the Service, the inability of an email account being used or shared by more than one non-particular person, the maximum size of disk space that the IFiDEA servers allocate to the members, and the maximum number of times the members use the service (that is, the upper time limit of each using period). If IFiDEA deletes or does not store any messages, communications, and contents that are maintained or transmitted by the Service, the members shall agree that IFiDEA is not responsible. Members shall agree that IFiDEA has the right to close the account that has not been used for a long period. Members shall agree that IFiDEA has the right to change these measures and restrictions at any time in consideration of its own good, regardless of whether it notifies or not. IFiDEA’s comment and discussion (including any Web-Base version) will provide the members and the objects the members are communicating with the dialog contents of the users that are stored in the accounts of IFiDEA in IFiDEA’s server. That is, members can access and search members' historical information through any computer that can be connected to the Internet. Regardless of whether the member uses this feature, other users can choose to use this feature to store the conversations with such member in their accounts of IFiDEA. Members' agreement to these Terms of Service is assumed that members allow IFiDEA to store these communications contents on its servers.
(2) IFiDEA will cooperate with third parties such as other companies and manufacturers ("Content Providers") at any time, which provide different contents including news, messages, e-papers for IFiDEA to publish. IFiDEA will indicate the content provider while publishing. Based on respecting the intellectual property rights of the content providers, IFiDEA shall not implement substantive investigations or modifications to the contents provided by them, and IFiDEA is not responsible for the correctness and authenticity of such contents. The users should judge the correctness and authenticity of the contents by themselves. If users believe that something is infringing any rights or is false, please respond to the content providers.
11. Buying, selling and other transaction behaviors
providers or individuals may offer transactions, services or other trading behaviors through the Service or other websites linked through the Service. If a member makes a transaction with a provider or an individual, such transaction or other contracts exist only between the member and the certain provider or individual. Members should require such provider or individuals to elucidate and explain in advance detailly of the quality of its product or service, content, delivery, guarantees, and defects warranties. Members shall seek assistance or resolution from the certain provider or individual against disputes arising out of the above-mentioned transaction, service or other trading behaviors. IFiDEA declares it will not engage in any transactions, services or other trading behaviors between the member and the provider or individual, and will not be of any guarantee responsibility for the commodities, services or other transactional items obtained by the members. If the above-mentioned transactions, services or other trading behaviors are conducted by the member on the shopping website operated by IFiDEA, the rights, and obligations of both parties will be determined according to the contents of liability specifications of the website.
12. Information or suggestions
(1) IFiDEA does not guarantee that the information or suggestions (including, but not limited to, the aspects of business, investment, finance, health, law, etc.) obtained by the members using the Service or other websites linked through the Service is completely correct. IFiDEA reserves the right to change or delete the information or suggestions provided by the Service at any time. Before making any relevant plans and decisions, members should still ask the service personnel to offer suggestions on their own situation to meet the individual needs of the members.
(2) IFiDEA will cooperate with third parties such as other companies and manufacturers ("Content Providers") at any time, which provide different contents including news, messages, e-papers for IFiDEA to publish. IFiDEA will indicate the content provider while publishing. Based on respecting the intellectual property rights of the content providers, IFiDEA shall not implement substantive investigations or modifications to the contents provided by them, and IFiDEA is not responsible for the correctness and authenticity of such contents. The members should judge the correctness and authenticity of the contents by themselves. If members believe that something is infringing any rights or is false, please respond to the content providers.
All contents, texts, descriptions of images, samples or other sales information of advertisement browsed by members through the Service are designed and presented by the advertisers or providers of such products and service. Members shall make discretionary judgments on the correctness and credibility of the advertisement. IFiDEA only accepts the commission to publish the advertisement, but does not assume responsibilities for them.
(1) Members expressly understand and agree: IFiDEA does not provide any express or implied warranties for the Service and software, including but not limited to the completeness of the rights, the merchantability, the applicability of specific purposes or the non-infringement of the rights of others. The Service and software are provided based on "current situation" and "the time they are provided for using". Members are responsible for relative risks arising while using the Service and software. IFiDEA does not guarantee the following items:
1. The Service and software will meet the needs of members.
2. The results obtained by the use of the Service and software are correct or reliable.
3. The Service and software do not interfere, provided timely, safe and reliable, or error-free.
4. Any products, services, information or other materials purchased or obtained by the members through the Service will meet the expectations of the members.
5. Any errors in the software will be corrected. Whether to download or obtain any information through the use of the Service and software shall be considered by the members, who shall bear the risk voluntarily, and abandon any damage or data loss to the members' computer system, network storage, download or playback devices due to the download of any information before. For any requests or legal actions proposed by IFiDEA, members shall be voluntarily responsible for their own responsibility. The suggestions and information obtained by the members from IFiDEA or through the Service or software, no matter is written or verbally, do not constitute a guarantee of the Service or software.
(2) The member shall clearly understand and agree that IFiDEA and its subsidiaries, related companies, managers, employees, agents, partners and authorizer do not have any direct, indirect, attached, special, derivative or punitive responsibilities for damages, including but not limited to losses of profits, goodwill, use, data damage or other intangible losses (that is, IFiDEA has been informed of the possibility of such damages):
1. Being able or unable to use this service.
2. Other people access or modify the members' transmission or data unauthorizedly.
3. The purchasing cost of alternative commodities and services.
4. Any third party's statement or behavior regarding the Service.
5. Any other party related to the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or absolution of attached or derivative damages. In this case, the above-mentioned restrictions of this section are not applicable to members.
15. Authorization to IFiDEA
If a member has no legal right to authorize others to use, modify, reproduce, distribute, modify, issue, publicly broadcast, or publicly publish a certain material and transfer the above-mentioned rights to a third party, do not upload, transmit, import or provided the material to IFiDEA without authorization. The rights of any materials uploaded, transmitted, imported or provided to IFiDEA by members are still owned by the members or members’ authorized person. Once any material is uploaded, transmitted, imported or provided to IFiDEA by the members, it is assumed that the members agree:
(1) The material is stored or managed by IFiDEA and its related companies, indexed and pulled by the search tools of IFiDEA and its related companies, published and used on the relevant system networks of IFiDEA and its related companies, including but not limited to third-party websites affiliated or cooperated with IFiDEA.
(2) Authorizing IFiDEA and its related companies use, modify, reproduce, distribute, modify, issue, publicly broadcast, publicly publish, publicly transmit, publicly release or translate the material for the purpose of public benefit, or publicity, promotion or operation of IFiDEA and the Service, and sublicense the above-mentioned rights to others within such scope. Members shall ensure that IFiDEA and its related companies can use, modify, reproduce, distribute, modify, issue, publicly broadcast, publicly publish, publicly transmit, publicly release, translate or sublicense such materials without infringing the intellectual property rights of any third party. Otherwise, the members shall be responsible for IFiDEA and its related companies’ losses.
16. Protection of intellectual property rights
The intellectual property rights of software, program and all content on the website used by IFiDEA, including but not limited to works, pictures, documents, information, materials, website structure, website layout, web design, membership content, etc., are all owned by IFiDEA or other rights holders according to law, including but not limited to trademark rights, patent rights, copyrights, business secrets and proprietary technology. No one shall use, modify, reproduce, distribute, modify, issue, publicly broadcast, publicly publish, publicly transmit, publicly release, perform reverse engineering, decompile, or disassemble without authorization. If a member wishes to cite or reproduce the above-mentioned software, program or website content, besides the ones being expressly permitted by law, the prior written consent of IFiDEA or other rights holders must be obtained according to law. Respect for intellectual property rights is a member's obligation. If there is a violation, the member shall be responsible for IFiDEA’s losses. In order to promote the Service, IFiDEA and its related companies have registered commodities, name of service and pattern related to the Service (hereinafter referred to as the “IFiDEA trademark”) in accordance with the status of registration or use, which is protected by the Trademark Law and the Fair-Trade Law. Members shall agree not to use the IFiDEA Trademark by any means without the prior written consent from IFiDEA.
17. Delivery notification
If the notification is necessary according to law or other relevant regulations, IFiDEA may deliver by, include but not limited to, emails, letters, messages, multimedia messages, text messages, posters on the website of the Service, or other reasonable methods at present or in the future, including changes to the Terms of Service. However, if a member violates the Terms of Service and obtains the Service in an unauthorized manner, the member will not receive the above-mentioned notification. When a member obtains the Service by authorizing manners and agrees to the Terms of Service, the member shall agree that notifications in any and all manners have given to the member by IFiDEA are deemed to be delivered.
18. Suspension and termination of rights
(1) When IFiDEA discovers or receives a report or notice from a third party that the member's behavior, transaction, or published commodities or information violates the law, the public order and good morals, the membership contract or its related regulations or rules, and infringes the rights and interests of any third party, in order to protect the rights and interests of IFiDEA and the third parties, and to avoid expansion of damage or dispute, IFiDEA has the right to delete the commodities or materials involved or make them unable to access in advance without prior notice, and may suspend all or part of the services or functions the member could use, cancel its membership and terminate its membership contract. For the ones involving violation of the law, IFiDEA may initiative transfer the member information and related transaction materials or information to the relevant judicial organs for investigation, or cooperate the investigation with relevant judicial organs according to law.
(2) IFiDEA may announce the suspension list of members on the website at any time.
(3) If a member violates the law, infringes the rights of a third party or violates the membership contract, he shall be responsible for damages and losses suffered by IFiDEA and the third party.
(4) If a member’s membership is suspended or canceled, the transactions and related behaviors before the suspension or cancelation shall be handled in accordance with the following principles:
1. For the commodities and related information that have been uploaded to IFiDEA but not been sold before the suspension or cancelation, IFiDEA must delete them.
2. Before the suspension or cancelation, there are already traders who bid or make an offer for any commodities, but not sold yet, IFiDEA may delete the relevant bid and offer of the member.
3. Before the suspension or cancelation, the member has reached a consensus on the transaction of the specific commodities with a trader, the transaction may not be deleted. IFiDEA may notify the trader of the fact of suspension and cancelation of the member.
19. Compensation for losses
If IFiDEA or its related companies, employees, assignees, agents, and other relevant fulfillment assistants shall be harmed or expensed (including but not limited to the expenses for lawyers and relevant lawsuit of civil or criminal administrative procedures) due to a member’s violation of relevant laws or any term of the Terms of Service, the members shall bear the liability for losses or pay the expenses.
20. Proper law and competent court
(1) The United State of America Law is taken as the proper law of the membership contract and its related usage specifications, methods, handling principles, policies, and related service descriptions
(2) If there are lawsuits due to the disputes between the members and IFiDEA regarding the Service, the membership contract or its related usage specifications, methods, handling principles, policies, and related service descriptions, the Taipei Local Court of Taiwan shall be the competent court of the first trial.