3Cserve User Agreement
This User Agreement (or "Agreement") is a legal agreement between you and 3Cserve, . ( "3Cserve" or "us") governing your participation on the 3Cserve site , " By using, accessing or registering as a member of the 3Cserve , you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the 3Cserve.
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the 3Cserve, which take effect when we post them. By continuing to access or use the 3Cserve after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
The 3Cserve is not targeted towards, nor intended for use by anyone under the age of 18. By using the 3Cserve, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the 3Cserve. We reserve the right to terminate your membership in the event that 3Cserve becomes aware you are under 18.
Certain features and services on the 3Cserve require that you register on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on the 3Cserve. You are
responsible for safeguarding the password that you use to access any secure areas of the 3Cserve. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify 3Cserve of any unauthorized use of your password.
3Cserve provides a number of different services to assist you in comparison shopping for products. You acknowledge that 3Cserve does not sell, resell or license any products listed on the 3Cserve, nor is 3Cserve acting as an agent of sale.
Consumer reviews and ratings on the 3Cserve are from our members who have elected to post a review on the 3Cserve. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay 3Cserve to be presented on the 3Cserve or to have their product or service offerings placed higher in our search results and may also purchase research from 3Cserve, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to the 3Cserve and any content appearing on the 3Cserve will remain the exclusive property of 3Cserve and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the 3Cserve or any other content appearing on the 3Cserve. You may not copy or modify the HTML code used to generate web pages on the 3Cserve. You may not use the 3Cserve, or any other content appearing on the 3Cserve, on or in connection with any other website for any purpose.
By contributing or submitting any content to the 3Cserve, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant 3Cserve a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or corporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of 3Cserve, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. 3Cserve reserves the right to change or delete any content on the 3Cserve that 3Cserve deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party，s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You retain all ownership rights to information, text, graphics or other materials you publish on the 3Cserve. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the 3Cserve at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to the 3Cserve if you choose to republish your content elsewhere and that you do not publish the same items of content on both the 3Cserve and other product or price comparison sites.
All content available on the 3Cserve, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by 3Cserve Ltd., with all rights reserved, or is the property of 3Cserve or third parties protected by intellectual property rights.
3Cserve service marks/trademarks may not be used in connection with any product or service that is not provided by 3Cserve, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits 3Cserve.
3Cserve, .
Attn: Copyright Agent
8000 Marina Blvd., Fifth Floor
Brisbane, CA 94005 U.S.A.
or sent via fax to Fax Number: (408) 516-8811 (Attn: Copyright Agent) or via email to copyright@3Cserve.
Upon receipt of notice as described above, 3Cserve will take whatever action, in its sole discretion, it deems appropriate, luding removal of the challenged content from the 3Cserve.
3Cserve is not in a position to arbitrate trademark disputes between the advertisers on the 3Cserve and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, 3Cserve does not control and assumes no responsibility for content that appears on a third party，s website that may be accessed via the 3Cserve, and trademark owners should contact third-party sites directly to resolve trademark disputes.
As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints.
Upon receipt of notice as described above, 3Cserve will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the 3Cserve. In the event that the challenged content has been provided to 3Cserve by a third party and in 3Cserve sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner，s federal registration, 3Cserve will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, 3Cserve will not remove the content.
Notwithstanding the foregoing, 3Cserve will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason (luding repeat infringement). 3Cserve may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (luding inactivity), (1) at their sole option, 3Cserve and its licensees may continue or stop publicly displaying some or all of your content, and (2) all of your existing Eroyalties credits automatically expire, and no new credits will accrue.
You agree to comply with all laws and regulations applicable to your access and use of the 3Cserve and publishing your content. You may not harvest personal data (including email addresses) from the 3Cserve, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that 3Cserve has no obligation to monitor your access to or use of the 3Cserve, but has the right to do so for the purpose of operating the 3Cserve, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the 3Cserve or collect information from it.
By choosing to use the 3Cserve, you agree to indemnify 3Cserve, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney，s fees, made by third parties due to or arising out of 1) Content you choose to submit, post or transmit through the 3Cserve; 2) your use of or connection to the 3Cserve; 3) your violation of the User Agreement; or 4) your violation of any rights of another.
Governing Law/Arbitration.
This Agreement is governed by Taiwan law as such laws apply to Agreements entered into and to be performed entirely within Taiwan between Taiwan residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the 3Cserve shall be settled by binding arbitration in Taiwan.
This Agreement, iEpinions Site Rules and our Privacy Policy (which are incorporated herein by reference) constitute the entire Agreement and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by 3Cserve, in its sole discretion, to a third party. You may not assign your obligations to another entity.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the 3Cserve. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by 3Cserve.
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