Terms of Use

  • The Overseas Chinese Business Network (OCBN) Terms of Use

    Welcome to OCBN!

     

    All services provided in the Overseas Chinese Business Network (OCBN) are constructed and sponsored by the Overseas Community Affairs Council (OCAC). To ensure that you fully understand your rights and obligations, please read the Overseas Chinese Business Network Terms of Use (Terms of Use) carefully. By clicking the “Agree” button, you expressly signify your assent to become a member of the OCBN, in which case you shall be deemed to have read, understood and accepted the terms and conditions listed; you and the OCBN are in full agreement with the list of rights and obligations below. If you are under eighteen (18) years of age, only after your legal guardian has read, understood and accepted the terms and conditions below shall you be allowed to start the registration process. By using the services provided by the OCBN, you are telling us that you and legal guardian have agreed to the OCBN Terms of Use.

    1. Observing the OCBN Terms of Use and Laws of the R.O.C.

    1. You are supposed to know that you become a member after registration and thereby are eligible to use all services provided by the OCBN. The member’s usage of OCBN’s services indicates that the member has read, understood, and accepted the terms and conditions listed in the OCBN Terms of Use and all restrictions therein and that the member has also agreed to observe the relevant laws of the Republic of China and the International Internet Regulations. If the member disagrees with the contents of the OCBN Terms of Use, or if his/her country or region excludes any or all of the OCBN Terms of Use, the member shall stop using the OCBN services immediately.
    2. Members of OCBN should observe all legal provisions. Please refer to the Criminal Code of the Republic of China, Data Protection Law, Patent Act, Copyright Act, Trademark Act, Consumer Protection Law, Fair Trade Act, Child and Youth Sexual Transaction Prevention Act, Sexual Assault Crime Prevention Act, Controlled Drugs Act, Wildlife Conservation Act, Controlled and Dangerous Drugs Prevention Rules, and Rules on Control of Rifle/Guns and Ammunitions, and relevant legal provisions.

    2. Services and Maintenance Mechanism of the OCBN

    OCBN offers a wide range of network information services, including information on Taiwan’s trading, events of overseas Chinese businessmen as well as online teaching platform. All members are supposed to equip themselves with the necessary computer hardware to connect to the internet and shall be responsible for the relevant Internet access fees and telephone expenses.


    1. In order to use the various services of OCBN, the member agrees that all personal information provided during the registration is complete and true. The member shall update personal information immediately after it is changed.
    2. If the information provided by the member is false, out of date, or suspected of misleading, violating, or disrupting the function of OCBN, the OCBN reserves the right to terminate his/her account and to suspend the use of any of OCBN’s services.
    3. To avoid copyright infringement and to maintain our services, OCBN adapts the “removal upon notification” policy. Any content, including text, photos, and all material or information that is defamatory, false, threatening, repulsive, obscene, illegal, inappropriate, offensive or infringing on intellectual property rights shall be removed within reasonable working time after our webmaster receives an notification email. In order for OCBN to take the appropriate measures, when reporting any alleged infringement, the member is supposed to contain all relevant evidence, including a description of where the material that he/she claims is infringing is on the site; his/her address, telephone number, and other contact information; a statement that he/she has a good-faith belief that the disputed use is not authorized by the copyright holder, its agent, or the law; a statement, made under penalty of perjury, that the abovementioned information in his/her notice is accurate and that he/she is the copyright holder or authorized to act on the copyright holder’s behalf. All documents shall be signed, scanned, and emailed as an attachment to OCAC. In addition, from time to time, the webmaster of OCBN will inspect the contents of the website and take the same measures voluntarily should he/she find any situation described above.
    4. Other than the right to remove words/characters, photos, or files posted by members that are defamatory, false, threatening in nature, unsightly, indecent or inappropriate, the webmaster of OCBN, after affirming the above, will cancel the membership rights of the member who has time and again (more than three times) violates the OCBN Terms of Use. In case of possible infringement, OCBN reserves the right to temporarily and immediately remove any portion of the contents in dispute upon receipt of complaint from a third party, albeit pending court decision, until such time as the relevant judicial authorities have confirmed there was no infringement, at which time, OCBN will review and consider whether or not to restore the contents in order to prevent enlarging the damage sustained from the internet transmission or downloading/reprinting of the same.
    5. OCBN has the right to affirm whether the member’s behavior is in accordance with OCBN Terms of Use. If OCBN deems that the member’s action violates the Terms of Use, or any legal provisions, the member agrees that OCBN may at any time cancel his/her account authority or remove his/her account, as well as stop offering the various services to him/her.

    3. Amendment and Revision to OCBN Terms of Use

    OCBN reserves the right to revise its Terms of Use at any time. Any revision made to the contents of OCBN Terms of Use shall be posted on the homepage of OCBN. No separate notice shall be issued to the member. The member should immediately stop using the services of OCBN if he/she disagrees with such content revision(s). The member’s continual use of the services of OCBN shall be deemed that the member has read, understood, and consented to accept the revisions made to the OCBN Terms of Use.

    4. Changes in the services of OCBN and Member’s Account Authority Management

    1. OCBN reserves the right to add, revise or stop any of the services, in part or in whole, offered in its website, and to terminate any of the member’s account authority without giving any prior notice. The member shall not claim for any material compensation, as a result of such addition, revision or cessation/cancellation as described herein. Further, OCBN shall not be held liable to the member and any third party for any loss or damage.
    2. The member understands that OCBN provides its members with information services, and that it will not be liable for any delay in transmission, faulty storage and any other changes in the information. OCBN provides its members with limited information storage capacity and reserves the right to adjust at any time.
    3. OCBN can stop or cancel any of its services, in whole or in part, and will not be liable for any direct or indirect damages of its members under the following circumstances:
      1. moving, changing, upgrading, or maintaining relevant software and hardware equipment with respect to its services.
      2. acts of God or other force majeure that lead to a stop or severance of services.
      3. system function maintenance such as alterations in or movement of setup.
      4. change in policies pursuant to the request of relevant government authorities or other incidents not attributable to OCBN.
    4. The member understands and agrees that OCBN will not be liable for compensation for any breakdown or dysfunction of the software and hardware equipment of its suppliers or relevant telecommunications partners, or for any negligence caused by the cut-off, in whole or in part; temporary inability to use; delay; mistakes in transmission or storage of the information; the hacking of system by a third party; or falsification of information.
    5. OCBN reserves the right, without notice, to directly remove, delete or stop member’s account authority, words, photos, videos, or any other files or documents posted in its website that violates the provisions of the laws or this OCBN Terms of Use, or infringement upon the rights and interests of any third party. If the member violates any legal provisions, he shall be held legally liable for his own actions.

    5. Member’s Obligation to Safekeep and Notify

    1. When registering, the member should set his own account and password. The member is obliged to safekeep these information and to log out of the website after each use to prevent others from using his account. Upon logging into his/her account and using his/her password, the member is responsible for his/her actions/activities within the website. Please refrain from disclosing, providing, lending, or assigning the member’s account and password to any third party in order to safeguard the member’s own rights and interests.
    2. If the member discovers that his/her account or password is being used illegally by another, or that there is any irregularity to his account or breach of use security, the member must immediately report the mistakes to OCBN so that the latter may take appropriate measures. OCBN will not be liable to the member for any compensation whatsoever. If the member fails to notify OCBN on time so that the latter is unable to effectively prevent or maintain its website, the member shall be held responsible and be liable for any loss/damage caused to OCBN or OCAC as a result of non-notification or untimely notification.

    6. Risk Liability

    The member agrees that he/she is acting on his/her own accord when using the services of OCBN, and that he/she shall bear his/her own risk, including, but not limited to, the materials or photos he/she downloaded therefrom, damage to his /her computer system as a result of the materials obtained therefrom, or loss of information therefrom.

    7. Special Acknowledgement

    The member agrees that he/she will never utilize any of the services in the OCBN to harm, infringe or attack OCAC, OCBN, and their suppliers.

    8. Security of Personal Information, Account, and Password

    1. When the member logs in or saves his personal information, OCBN agrees to protect and not to disclose the member’s name, mailing address, email address and other personal information that the law requires to protect, unless otherwise agreed by the member, except for any of the following circumstances:
    2. based on laws and regulations.
    3. at the request of the judicial authorities or those authorized by laws.
    4. to ensure the rights and interests of OCBN.
    5. for the personal protection of other member or of any third party in urgent cases.
      1. When the member logs in or save his/her personal information, he/she agrees to allow OCBN to collect, deal with, keep, transmit and use any of the information therein within the scope of reasonableness so as to offer other information or services for use on member’s statistical data, to carry out investigation or research on member’s behavior, to use them legally, or to offer other services.

    9. Disclaimer of Warranties

    1. OCBN expressly disclaims all warranties and conditions of the commercial value, fitness, effectiveness, timeliness, completeness, and accuracy, including, but not limited to non-infringement of third party rights, property rights, merchantability, fitness for a particular purpose, and virus free guarantee of all information retained or downloaded from OCBN. Further, OCBN disclaims liability for errors or omission in this information and materials.
    2. OCBN gives no express or implied warranties that its services will be reliable, secure, error-free, timely and uninterrupted. The member agrees to accept all risks and damages that might cause by using OCBN services.
    3. OCBN disclaims liability for any advertisement content, transaction process, and product itself that is advertised or sold through OCBN, or linked through OCBN. Liability for the products or services rests with their suppliers; OCBN is not liable for any warranties against defects. The member shall self-assess the information value and the investment risk involved. OCBN does not endorse, recommend or show partiality to any products or trading strategy, and will not be liable for the results of the member’s.
    4. None of the opinions, suggestions, or other content posted on OCBN represents OCBN’s position. OCBN does not warrant that any persons in the bulletin board or the forum are the actual persons stated.
    5. The decision of accessing links to the sites of other organizations or companies rest in the member’s hand. OCBN does not warrant the accuracy and adequacy of those websites; the member is responsible to self-assess the content and value of the links.

    10. Limitation of Liability

    OCBN will not be responsible for any special damages, losses or expenses, derived, whether direct or indirect, from the member’s use of or inability to use the services provided thereby.

    11. Code of Conduct

    1. No discussions, articles, links, images, or files posted on OCBN represent the opinions or authorship of OCBN. All discussions, articles, links, images, or files put up by the member solely represent the stance of the author (i.e. the poster).
    2. OCBN is not liable for any member’s action or involvement in a transaction. OCBN strictly forbids using its site for any of the following activities :
      1. Defamation, invasion of privacy, and infringement of commercial secret, trademark rights, copyright, patent rights, and other rights.
      2. Violation of the confidentiality clause of any legal provisions or contracts.
      3. Fraud or making false statement.
      4. Posting or transmitting pornographic, obscene, or other comment or information that is against public order or good morals.
      5. Transmitting or spreading computer virus.
      6. Illegal transaction.
      7. Posting information that is false or misleading information that causes others to commit a crime.
      8. Violation of the Consumer Protection Act, Fair Trade Act and other Laws of the Republic of China.
      9. Performing any illegal act such as trafficking guns, illegal drugs or pirated software. The member shall be liable for any of the illegal activities that he/she is involved in, and OCBN will offer full cooperation with relevant authorities in their investigation.

    12. Protecting Intellectual Property Rights

    1. OCBN and other holders own the copyright, patent rights, trademark rights, commercial secrets, ownership and other rights to all the data, words, charts, images, and teaching materials including images, photos, and all other contents on the site. Unless prior authorization is obtained, you shall NOT duplicate, reproduce, modify, re-format, distribute, transmit, rent or lease, sell or perform any other actions for any purpose whatsoever. Anyone who violates the statements will bear all legal liability, and OCBN will file for compensation accordingly.
    2. All encryption codes and software programs used in the OCBN website are the intellectual property of OCBN. No duplication, reverse engineering, de-compilation or disassembly or other actions may be performed thereto without the prior consent of OCBN. OCBN allows its members to log into and use the services in its website only; if you enter our site by any other means, then you shall be subject to assuming all relevant legal liabilities.

    13. Linking to a Third Party Website

    1. The links provided by OCBN aims at providing a fast and convenient ways of collecting and retrieving information. While the member be directed or linked to another website in the process, it does not mean that the other website is related to OCBN. These third party websites are operated by their respective administrators who shall be liable for their own actions, and are beyond the scope of the responsibility of OCBN. When the member links to another website in Taiwan or outside of Taiwan from OCBN, the member must agree to observe the legal provisions and Internet regulations of the country where the host website is located. OCBN does not warrant the accuracy and adequacy of these websites.
    2. OCBN does not warrant the accuracy, completeness, timeliness, or reliability of the products, services, or information of the third party sites, nor does the individual, company, or organization of that site be construed to be affiliated with OCBN in any ways such as employment, commission, agent, or partnership.

    14. OCBN Member’s Obligations

    The member shall be responsible wholly for his/her own actions when using OCBN’s website and for any other actions that is performed through OCBN.

    1. All information, data, text, software, music, sounds, images, graphics, (live) video, message or other content (hereinafter referred to as the “Member Content”), whether it is publicly posted or privately transmitted, are the sole responsibility of the person from which such Member Content originated. OCBN has no control over all Member Content under its sites; therefore, OCBN disclaims any liability of the accuracy, completeness, or quality of the Member Content. The member understands that by using OCBN services he/she may be exposed to Member Content that is indecent. Under no circumstances will OCBN be responsible or liable for any Member Content, including but not limited to any errors or omissions. In addition, OCBN will not be liable for any losses or damages arising from the posting and transmitting of data from its services.
    2. The member understands that OCBN does not pre-screen any Member Content; OCBN reserves the right, but has no obligation, to refuse or remove any Member Content appearing on its site in OCBN’s sole discretion. OCBN and its webmaster have the right to remove any Member Content that violates OCBN Terms of Use or that is indecent. The member understands that he/she is supposed to self-assess the accuracy, completeness, or practicability of the Member Content chosen to use, and that he/she is responsible for the risk involved. The member understands and agrees that, within reason, OCBN has the right to preserve the Member Content and provide it to the government authority, the judicial police, or the legal guardian of a minor by law or for the following purpose:
      1. Obeying orders or abiding by due process of law.
      2. Enforcing OCBN Terms of Use.
      3. Responding to any claim of infringement.
      4. Protecting the rights, interests, property or personal safety of OCBN, of its members, and of the general public.
    3. The member agrees and promises not to publish or transmit in OCBN any text, images, or any material that is defamatory, false, threatening, repulsive, obscene, illegal, invasive, or infringing of intellectual property rights; However, if the member comes across any of the above actions, he/she shall contact the webmaster immediately so that necessary actions such as the suspension of the offending webpage and the removal of the content may be taken.
    4. The member agrees not to go into any commodity transactions on the OCBN. If any such behavior is discovered, the webmaster will, without any prior notice, directly remove the related content and cancel a repeated offender’s membership.
    5. The member shall avoid discussing private affairs in OCBN. When posting reviews, comments, and other content, the member shall respect the rights and interests as well as the privacy of others.
    6. The member shall respect the copyright of others, and be strictly forbidden to publish any text, image, contents or materials which infringe on other people’s intellectual property rights. The member shall not upload, transmit, submit or supply any content that he/she has used, modified, duplicated, broadcast, adapted, disseminated, or published on OCBN without express written consent of the copyright holder. Any content that the member has uploaded, transmitted, submitted and supplied onto OCBN shall be deemed to have given OCBN the right to use, modify, duplicate, broadcast, adapt, or publish the aforementioned data for the purpose of public welfare without infringe the intellectual property rights of any third party. In the event that OCBN is charged or involved in a lawsuit as a result of the data, the member shall offer all necessary assistance and shall be liable for the compensation of all damages (including but not limited to the litigation costs, paid for the civil, criminal and other administrative procedures).

    15. Compensation for Damages

    The member should indemnify OCBN’s employees, trustees, agents, or representatives from and against any and all damages or costs (including but not limited to the litigation costs paid for civil, criminal and administrative procedures) incurred by the indemnitee as a result of any judgments arising from any violation of the law or any clause of the OCBN Terms of Use.

    16. Advertisements, Information and Content

    1. The member understands that the content published in or linked to from the website of OCBN may include commercial advertisements and various products information. The advertisements for these products or services are posted and offered by their respective suppliers, while OCBN serves only as a media providing space for their advertisements and links to their webpages. OCBN is not liable for any products or services purchased through the third party links. The trading relationship is between the member and the supplier of the goods or services.
    2. OCBN is not responsible for the completeness and accuracy of any information, advertisements and recommendations (including but not limited to business, investment, or legal matters) on OCBN or from the third party links.

    17. Effect of Specific Clauses

    If any clause in the OCBN Terms of Use is found invalid, the remainder of the clauses in OCBN Terms of Use shall remain valid according to its terms

    18. Protection of the Right of Privacy

    When logging into or saving personal data in the website, the member should agree and accept the “Protection of the Right of Privacy Policy” clause of OCBN (Please refer toa “OCBN Protection of the Right of Privacy Policy” )

    19. Data Saving/Storing Information

    Restricted to the open Open-source Web Framework, OCBN cannot guarantee to display or process all the information uploaded, saved or received therefrom, nor will it guarantee the completeness or accuracy of the information transmitted and stored. Therefore, it is strongly recommended that the member make a backup copy of his/her data regularly. The member should understand and accept that OCBN is not supposed to be responsible for damage to his/her computer system or for loss of information during the process of storage or transmission by the website. Should the member discover any error or weakness in OCBN service systems, he/she should immediately notify the web administrator.

    20. Community Service

    1. OCBN offers internet services such as discussion forum, and moodle teaching platform. The member shall observe relevant intellectual property law, regulations, and OCBN Terms of Use when uploading files and contents.

    2. OCBN has exclusively set up a discussion forum for the purpose of publishing member’s personal views and suggestions on services of OCBN, activities of OCAC, and learning issues. It is a field for open discussion.
    3. While sharing any thoughts on the discussion forum, the member shall follow the code of conduct or other guidelines for any particular communication service. The member shall interact with other members, , expressing his/her personal views in a rational ways. Any contents containing the following information will be deleted by OCBN:
      1. Obscene, repulsive, defamatory, insulting, invasive, name-calling (including implication with the name of a particular person), and false, words and any other contents against public order or normal customs and traditions.
      2. Invasion of other people’s privacy such as distribution of other people’s telephone number, address or e-mail.
      3. Continuously posting the same or similar contents.
      4. Filling up the discussion field with spaces and symbols/signs so as to affect the layout of the discussion board.
    4. In the event of any violation of the above rules, OCBN reserves the right to delete member’s statements, and the member is responsible for all legal liability. If any sanction is therefore imposed onto OCBN or OCAC by the authority or if OCBN or OCAC is involved in a lawsuit as a result of the material posted by the member, he/she shall be liable for the compensation of all damages (including but not limited to the litigation costs for civil, criminal and other administrative procedures).

    21. Governing Law and Jurisdiction

    The interpretation and application of OCBN Terms of Use, as well as rights and obligations between the member and the OCAC derived from the use of the various services of OCBN shall be governed and construed in accordance with the laws of the Republic of China. Any dispute arising therefrom or relating thereto shall be submitted to the jurisdiction of Taiwan Taipei District Court as the court of first instance.


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