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ACCEPTANCE
OF TERMS
Welcome
to PNC. PNC provides its services
to you, subject to the following Terms
of Service ("TOS"), which may be updated
by us from time to time without notice
to you. In addition, when using particular
PNC services, you and PNC shall be
subject to any posted guidelines or
rules applicable to such services
which may be posted from time to time.
All such guidelines or rules are hereby
incorporated by reference into the
TOS.
Please
help us keep PNC an enjoyable and
positive experience. If you see a
listing that violates the rules below,
please let us know by contacting us
through "Help Central" at http://pnclink.org/info/feedback.html
DESCRIPTION
OF SERVICE
PNC
currently provides member with access
to a rich collection of on-line resources,
including, Web mail, Web forums, Web
site publish service through its network
of properties (the "Service").
In
order to use the Service, you must
obtain access to the World Wide Web,
either directly or through devices
that access web-based content, and
pay any service fees associated with
such access. In addition, you must
provide all equipment necessary to
make such connection to the World
Wide Web, including a computer and
modem or other access device.
YOUR
REGISTRATION OBLIGATIONS
In
consideration of your use of the Service,
you agree to:
- provide
true, accurate, current and complete
information about yourself as prompted
by the Service's registration form
(such information being the "Registration
Data"); and
- maintain
and promptly update the Registration
Data to keep it true, accurate,
current and complete.
In
particular to register, you must provide
your real name and email address.
If you provide any information that
is untrue, inaccurate, not current
or incomplete, or PNC has reasonable
grounds to suspect that such information
is untrue, inaccurate, not current
or incomplete, PNC has the right to
suspend or terminate your account
and refuse any and all current or
future use of the Service (or any
portion thereof).
PNC
is concerned about the safety and
privacy of all its users. Please remember
that the Service is designed to appeal
to a broad audience and the Service
has limits that you should understand.
PNC does not screen, review or control
material or information submitted
by users, nor does it screen, review,
or control any of the people who participate.
PNC
PRIVACY POLICY
Registration
Data and certain other information
about you is subject to our Privacy
Policy. For more information, please
see our full privacy policy at
http://pnclink.org/
MEMBER
ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account
designation upon completing the Member's
registration process. You are responsible
for maintaining the confidentiality
of the password and account, and are
fully responsible for all activities
that occur under your password or
account. You agree to:
- immediately
notify PNC of any unauthorised use
of your password or account or any
other breach of security; and
- ensure
that you exit from your account
at the end of each session. PNC
cannot and will not be liable for
any loss or damage arising from
your failure to comply with this
section.
MEMBER
CONDUCT
You
understand that all information, data,
text, software, music, sound, photographs,
graphics, video, messages or other
materials ("Content"), whether publicly
posted or privately transmitted, are
the sole responsibility of the person
from which such Content originated.
This means that you, and not PNC,
are entirely responsible for all Content
that you upload, post, email or otherwise
transmit via the Service. PNC does
not control the Content posted via
the Service and, as such, does not
guarantee the accuracy, integrity
or quality of such Content. You understand
that by using the Service, you may
be exposed to Content that is offensive,
indecent or objectionable. Under no
circumstances will PNC be liable in
any way for any Content, including,
but not limited to, for any errors
or omissions in any Content, or for
any loss or damage of any kind incurred
as a result of the use of any Content
posted, emailed or otherwise transmitted
via the Service.
You
agree to not use the Service to:
- upload,
post, email or otherwise transmit
any Content that is unlawful, harmful,
threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene,
libelous, invasive of another's
privacy, hateful, or racially, sexually,
ethnically or otherwise objectionable
or vilifying;
- harm
minors in any way;
- impersonate
any person or entity, including,
but not limited to, a PNC official,
forum leader, guide or host, or
falsely state or otherwise misrepresent
your affiliation with a person or
entity;
- forge
headers or otherwise manipulate
identifiers in order to disguise
the origin of any Content transmitted
through the Service;
- upload,
post, email or otherwise transmit
any Content that you do not have
a right to transmit under any law
or under contractual or fiduciary
relationships (such as inside information,
proprietary and confidential information
learned or disclosed as part of
employment relationships or under
nondisclosure agreements);
- upload,
post, email or otherwise transmit
any Content that infringes any patent,
trademark, trade secret, copyright
or other proprietary rights ("Rights")
of any party;
- upload,
post, email or otherwise transmit
any unsolicited or unauthorised
advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other
form of solicitation, except in
those areas (such as shopping rooms)
that are designated for such purpose;
- upload,
post, email or otherwise transmit
any material that contains software
viruses or any other computer code,
files or programs designed to interrupt,
destroy or limit the functionality
of any computer software or hardware
or telecommunications equipment;
- disrupt
the normal flow of dialogue, cause
a screen to "scroll" faster than
other users of the Service are able
to type, or otherwise act in a manner
that negatively affects other users'
ability to engage in real time exchanges;
- interfere
with or disrupt the Service or servers
or networks connected to the Service,
or disobey any requirements, procedures,
policies or regulations of networks
connected to the Service;
- intentionally
or unintentionally violate any applicable
local, state, national or international
law, including, but not limited
to, regulations promulgated by the
Taiwan, R.O.C Securities and Exchange
Commission, any rules of any national
or other securities exchange.
- "stalk"
or otherwise harass another; or
- collect
or store personal data about other
users.
You
acknowledge that PNC does not pre-screen
Content, but that PNC and its designees
shall have the right (but not the
obligation) in their sole discretion
to refuse or move any Content that
is available via the Service. Without
limiting the foregoing, PNC and its
designees shall have the right to
remove any Content that violates the
TOS or is otherwise objectionable.
You agree that you must evaluate,
and bear all risks associated with,
the use of any Content, including
any reliance on the accuracy, completeness,
or usefulness of such Content. In
this regard, you acknowledge that
you may not rely on any Content created
by PNC or submitted to PNC, including
without limitation information in
PNC Message Boards, web forum, and
in all other parts of the Service.
You
acknowledge and agree that PNC may
preserve Content and may also disclose
Content if required to do so by law
or in the good faith belief that such
preservation or disclosure is reasonably
necessary to: (a) comply with legal
process; (b) enforce the TOS; (c)
respond to claims that any Content
violates the rights of third-parties;
or (d) protect the rights, property,
or personal safety of PNC, its users
and the public.
You
understand that the technical processing
and transmission of the Service, including
your Content, may involve: (a) transmissions
over various networks; and (b) changes
to conform and adapt to technical
requirements of connecting networks
or devices.
SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognising
the global nature of the Internet,
you agree to comply with all local
rules regarding online conduct and
acceptable Content. Specifically,
you agree to comply with all applicable
laws regarding the transmission of
technical data exported from Taiwan
or the country in which you reside.
PUBLIC
CONTENT POSTED TO PNC
- For
purposes of the TOS, "publicly
accessible areas of the Service"
are those accessible by the general
public.
- With
respect to Content you elect to
post for inclusion in publicly
accessible areas of PNC web forum
or that consists of photos or
other graphics you elect to post
to any other publicly accessible
area of the Service, you grant
PNC the world-wide, royalty free
and non-exclusive license to reproduce,
modify, adapt and publish such
Content on the Service solely
for the purpose of displaying,
distributing and promoting the
specific PNC web forum to which
such Content was submitted, or,
in the case of photos or graphics,
solely for the purpose for which
such photo or graphic was submitted
to the Service. This license exists
only for as long as you elect
to continue to include such Content
on the Service and shall be terminated
at the time you delete such Content
from the Service.
- With
respect to all other Content you
elect to post to other publicly
accessible areas of the Service,
you grant PNC the royalty-free,
perpetual, irrevocable, non-exclusive
and fully sublicensable right
and license to use, reproduce,
modify, adapt, publish, translate,
create derivative works from,
distribute, perform and display
such Content (in whole or part)
worldwide and/or to incorporate
it in other works in any form,
media, or technology now known
or later developed.
MODIFICATIONS
TO SERVICE
PNC
reserves the right at any time and
from time to time to modify or discontinue,
temporarily or permanently, the Service
(or any part thereof) with or without
notice. You agree that PNC shall not
be liable to you or to any third party
for any modification, suspension or
discontinuance of the Service.
TERMINATION
You
agree that PNC, in its sole discretion,
may terminate your password, account
(or any part thereof) or use of the
Service, and remove and discard any
Content within the Service, for any
reason, including, without limitation,
for lack of use or if PNC believes
that you have violated or acted inconsistently
with the letter or spirit of the TOS.
PNC may also in its sole discretion
and at any time discontinue providing
the Service, or any part thereof,
with or without notice. You agree
that any termination of your access
to the Service under any provision
of this TOS may be effected without
prior notice, and acknowledge and
agree that PNC may immediately deactivate
or delete your account and all related
information and files in your account
and/or bar any further access to such
files or the Service. Further, you
agree that PNC shall not be liable
to you or any third-party for any
termination of your access to the
Service.
LINKS
The
Service may provide, or third parties
may provide, links to other World
Wide Web sites or resources. Because
PNC has no control over such sites
and resources, you acknowledge and
agree that PNC is not responsible
for the availability of such external
sites or resources, and does not endorse
and is not responsible or liable for
any Content, advertising, products,
or other materials on or available
from such sites or resources. You
further acknowledge and agree that
PNC shall not be responsible or liable,
directly or indirectly, for any damage
or loss caused or alleged to be caused
by or in connection with use of or
reliance on any such Content, goods
or services available on or through
any such site or resource.
PNC'S
PROPRIETARY RIGHTS
You
acknowledge and agree that the Service
and any necessary software used in
connection with the Service ("Software")
contain proprietary and confidential
information that is protected by applicable
intellectual property and other laws.
You further acknowledge and agree
that Content contained in sponsor
advertisements or information presented
to you through the Service or advertisers
is protected by copyrights, trademarks,
service marks, patents or other proprietary
rights and laws. Except as expressly
authorized by PNC or advertisers,
you agree not to modify, rent, lease,
loan, sell, distribute or create derivative
works based on the Service or the
Software, in whole or in part.
PNC
grants you a personal, non-transferable
and non-exclusive right and license
to use the object code of its Software
on a single computer; provided that
you do not (and do not allow any third
party to) copy, modify, create a derivative
work of, reverse engineer, reverse
assemble or otherwise attempt to discover
any source code, sell, assign, sublicense,
grant a security interest in or otherwise
transfer any right in the Software.
You agree not to modify the Software
in any manner or form, or to use modified
versions of the Software, including
(without limitation) for the purpose
of obtaining unauthorized access to
the Service. You agree not to access
the Service by any means other than
through the interface that is provided
by PNC for use in accessing the Service.
DISCLAIMER
OF WARRANTIES
You
expressly understand and agree that:
- Your
use of the service is at your sole
risk. The service is provided on
an "as is" and "as available" basis.
PNC expressly disclaims all warranties
of any kind, whether express or
implied, including, but not limited
to the implied warranties of merchantability,
fitness for a particular purpose
and non-infringement;
- PNC
makes no warranty that:
- the
service will meet your requirements;
- the
service will be uninterrupted, timely,
secure, or error-free;
- the
results that may be obtained from
the use of the service will be accurate
or reliable;
- the
quality of any products, services,
information, or other material purchased
or obtained by you through the service
will meet your expectations; and
- any
errors in the software will be corrected.
- any
material downloaded or otherwise
obtained through the use of the
service is done at your own discretion
and risk and that you will be solely
responsible for any damage to your
computer system or loss of data
that results from the download of
any such material.
- no
advice or information, whether oral
or written, obtained by you from
yahoo or through or from the service
shall create any warranty not expressly
stated in the TOS.
*COPYRIGHTS
PNC
respects the intellectual property
of others, and we ask our users to
do the same. If you believe that your
work has been copied in a way that
constitutes copyright infringement,
please provide PNC's Copyright Agent
the following information:
- an
electronic or physical signature
of the person authorized to act
on behalf of the owner of the
copyright interest;
- a
description of the copyrighted
work that you claim has been infringed;
- a
description of where the material
that you claim is infringing is
located on the site;
- your
address, telephone number, and
email address;
- a
statement by you that you have
a good faith belief that the disputed
use is not authorised by the copyright
owner, its agent, or the law;
- a
statement by you, made under penalty
of perjury, that the above information
in your Notice is accurate and
that you are the copyright owner
or authorised to act on the copyright
owner's behalf.
When
using the Service you may provide
us with information about yourself
or other matters. You grant PNC exclusive
rights in all of this information,
and all information derived or generated
from it, in all existing or future
media. These rights include but are
not limited to the right to display
your information anywhere on PNC's
services and media properties, to
search the information, and, consistent
with our privacy policy, to repackage
and resell it to anyone for any reason.
As used in this paragraph, information
includes but is not limited to data,
text, photographs, drawings, sound
recordings, feedback, and any other
information or data displayed or presented
by you on the Service.
GENERAL
INFORMATION
The
TOS constitute the entire agreement
between you and PNC and govern your
use of the Service, superseding any
prior agreements between you and PNC.
You also may be subject to additional
terms and conditions that may apply
when you use affiliate services, third-party
content or third-party software. The
TOS and the relationship between you
and PNC shall be governed by the laws
of Taiwan R.O.C without regard to
its conflict of law provisions. You
and PNC agree to submit to the
personal and exclusive jurisdiction
of the courts located within Taiwan
R.O.C . The failure of PNC to exercise
or enforce any right or provision
of the TOS shall not constitute a
waiver of such right or provision.
If any provision of the TOS is found
by a court of competent jurisdiction
to be invalid, the parties nevertheless
agree that the court should endeavor
to give effect to the parties' intentions
as reflected in the provision, and
the other provisions of the TOS remain
in full force and effect. You agree
that regardless of any statute or
law to the contrary, any claim or
cause of action arising out of or
related to use of the Service or the
TOS must be filed within one (1) year
after such claim or cause of action
arose or be forever barred.
There
is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee
relationship between PNC and any user
of the Service. Any notice to you
or to us shall be made by either email
or regular mail. You agree not to
resell or assign your rights or obligations
under these terms and conditions.
You also agree not to make any unauthorised
commercial use of the Service.
The
section titles in the TOS are for
convenience only and have no legal
or contractual effect.
VIOLATIONS
Please
report any violations of the TOS to
our. < Care Customer>
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