Terms and Conditions

Welcome to Taiwan Local (TL).  We hope that you find it useful. Taiwan Local is a dba of Saitep Design, a San Diego, California, USA company. By accessing our servers, websites, or content, you agree to the following Terms and Conditions, last updated on February 12, 2015 and subject to change at anytime without notice to you.

General Terms

  1. We reserve the right to delete any listing or review without notice, if we find it to be in violation of our guidelines.
  2. No listings will be allowed that points to illegal content, pornography, violence, or content that is deemed unsuitable for most audiences.
  3. You may submit your listing under multiple categories, as long as they apply to your business. We reserve the right to edit the categories and tags that you choose for free listings, without notice, while keeping in mind, your best interests.
  4. Upon periodic inspection, listings that are found to be invalid will be made inactive without notice. Some causes for making a listing inactive include: broken links, alarming reports or comments from the Taiwan Local community, we find that your business is no longer in service.
  5. We trust that you are submitting correct information in your listing. You and only you are responsible for the information that you provide in your listing. We are not responsible for the correctness, completeness or quality of the information that you provide in your listing.
  6. We are not accountable for any content in other webpages, which you may link to in your listing.
  7. There are NO REFUNDS once a listing has been upgraded, submitted, and reviewed.
  8. You agree not to copy, license, distribute, make derivative works, display, sell, or “frame” any content from this site.
  9. Any associated prices, such as for upgraded listings, are subject to change without notice.

Definitions. A. Parties: “You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to Taiwan Local. B. Content: “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Taiwan Local Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Taiwan Local or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Taiwan Local Content. C. Listing: “Listing” meanings any posts that are made with the Site, such as a classified ad or a business listing.

Content Responsibility. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Taiwan Local. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Advertising. Taiwan Local and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

License. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from TL, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

Usage. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with TL, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).

User Accounts. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Taiwan Local.

Communications. By creating an account, you agree to receive certain communications in connection with the Site.

Moderation. You agree we may moderate TL access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules are incorporated herein. User Content (including any that may have been created by users employed or contracted by Taiwan Local) does not necessarily reflect the opinion of Taiwan Local. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

Sales. You authorize us to charge your account for associated fees. Unless noted, fees are in New Taiwan Dollars. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.

Disclaimer. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to TL, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and TL is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your TL use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“TL ENTITIES”), DISTLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) TL ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $1NTD OR WHAT YOU PAID US IN THE PAST YEAR.

Claims. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the Terms and Conditions or your TL use is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Los Angeles, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against TL Entities; (6) (except government agencies) to indemnify TL Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your TL use; (7) you are liable for Terms and Conditions breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 USD per server request, $1 USD per post, email, flag, or account created, $1 USD per item of PI collected, and $1000 USD per software distribution, capped at $25,000 USD per day.

Restrictions. We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

You agree not to, and will not assist, encourage, or enable others to use the Site to:

  • Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Taiwan Local;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
  • Solicit personal information from minors, or submit or transmit pornography; or
  • Violate any applicable law.

You also agree not to, and will not assist, encourage, or enable others to:

  • Violate the Terms;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Taiwan Local;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
  • Reverse engineer any portion of the Site;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
  • Record, process, or mine information about other users;
  • Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
  • Reformat or frame any portion of the Site;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Taiwan Local’s technology infrastructure or otherwise make excessive traffic demands of the Site;
  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
  • The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

Privacy. We respect your privacy. TL does not spam nor share or sell personal information with third-parties nor does TL store information that is collected about your visit for use other than to analyze content performance through the use of cookies, which you can turn off at anytime by modifying your Internet browser’s settings. TL is not responsible for the republishing of the content found on taiwanlocal.com on other Web sites or media without permission. TL is not responsible for the privacy practices of advertisers or TL website commenters.

MISC. Users complying with prior written licenses may access TL thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a Terms and Conditions term is unenforceable, other terms are unaffected. If Terms and Conditions translations conflict with the English version, English controls.