Musesurvey Terms of Use

Musesurvey Terms of Use

Acceptance of the Terms of Use

1. Arts Links INC. (hereinafter collectively referred to as “we” or “us” or “our”) operates the Musesurvey network platform, providing Musesurvey questionnaire creation service (hereinafter as “Service”).  Anyone who registers to be our member should read the following clauses carefully.  By clicking “I have read the full texts and agree to comply with the rules above”, you acknowledge, understand and agree to accept and abide by this Terms of Use (hereinafter as “Terms”) and the Musesurvey Privacy Policy (found at http://musesurvey.com/privacy ).  If you do not agree to or your country or religion excludes all or part of the contents of the Terms, you must stop using our Service.
2. If you are under 20 years old, your statutory agents (for example, parents, assistant or guardian) must review and agree to the Terms before you register to use the Service.
3. We may revise, amend, add, or delete our Terms from time to time at our sole discretion, and we will not inform each user individually; therefore, we recommend that you check our website announcement periodically because any amendment made thereto shall take effect immediately on the date of the announcement.  By continuing to use our Service subsequent to our amendment to the Terms, you and your statutory agents hereby acknowledge and consent to such amendment.
4. In case there is a separate term for the Service, you shall comply with those terms respectively as well as the Terms.

Links to the Third-Party Website or Service

1. Our Service may contain a third-party website or service (hereinafter as the “Third-Party Program”) when we provide the Service or the content of the website.  The Third-Party Program may be bound by its respective terms of use or privacy policy.  You understand and consent that we are not responsible for the behavior, function, content, or any transaction between you and the Third-Party Program.
2. You may be directed to websites that you find repulsive or unwanted.  When this happens, we recommend that you stop browsing or promptly leave those websites.  You also consent that we will not be responsible for damages caused by you being directed to the websites which do not belong to Musesurvey.

Suggestion, Information or Advertisement

1. We do not guarantee the authenticity, reliability, or correctness of the result, information or suggestion (including but not limited to those relating to business, investment, medical, or law) that you obtain from the Third-Party Program by using or linking to our Service.
2. We will provide advertisements or other information through the cooperation with third parties, such as companies or suppliers. We will not review or amend the information from those third parties, and will not be responsible for the content as well as the authenticity and correctness of their websites.  If you find that some of the contents involve infringement or fraud, please inform the third parties directly .

The Protection of Intellectual Property Right

The rights, titles and interests (including but not limited to Trademark, Patent, Copyright, Trade Secret) of the software or the program that we use and the website’s entire contents (including but not limited to copyrights, trademarks, images, files, information, data, website structure, website displays, website designs, and membership) are owned and retained by Arts Links INC. and its licensees.  No one can use, modify, reproduce, broadcast publicly, transmit publicly, present publicly, adapt, distribute, publish, release in public, reverse engineer, de-compile or disassemble said software or program without our permission.  Using or citing the aforementioned software, program or website contents requires the prior written consent of Arts Links INC. or its licensees.  You will be held responsible for any damages caused if you violate any of the above. 

The Protection of Children and Adolescents

Children and adolescents may be emotionally and physically hurt as a result of inappropriate information on the internet, such as pornography, violence and so on.  To ensure the safety of children and adolescents using the Internet, parents (or legal guardian) shall examine first whether there is privacy policy to protect personal information on each website, and then decide whether to agree to provide the relevant personal information.  Children under 12 years old shall be accompanied by their parents (or legal guardian) when they log on the Internet.  For adolescents who are over 12 years old but under 18 years old, parents (or legal guardian) shall consider whether to consent or not before they log on the Internet.

The Code of Conduct

1.We authorize you to use our Service on a personal, limited, non-exclusive, and revocable basis only.  Other than this, you have no other rights or interests to our Service.  Without our prior written consent, you shall not transfer any of the rights and obligations of the Terms to others.

2.When using the Service, you shall comply with the Terms, the regulations of the laws of Republic of China (Taiwan) and all International Treaties and Practices.  You shall not engage in any activities that would infringe on the rights of another or engage in any illegal acts, including but not limited the following:

(1) Using our Service or making transaction through fake or other unauthorized identity;

(2) Using our name (including express or suggesting words) or our Service in commercial or advertisement without our prior written consent, or using our Service as a place, platform or any kind of medium to carry out commercial or illegal activities;

(3) Applying for multiple false accounts simultaneously to engage in activities that are against the Terms;

(4) Publishing speeches that are aggressive or lack of contents;

(5) Uploading or publishing defamatory, insulting, threatening, pornographic, violent or unsuitable words, images or links that violates public order and good morals;

(6) Uploading or using our Service to spam, hack into others’ computer systems or interfere its operating, or post files or links that contain virus to other users;

(7) Using inappropriate computer code or program or other improper methods to change, modify, or destroy our Service Website or the normal functioning of our Service;

(8) Infringing the Trade Secret, Trademark, Copyright, Patent or other Intellectual Property Rights of others;

(9) Any activities we deemed inappropriate.

3. All notifications of the Terms shall be sent in writing, including e-mail.  You consent that we may sent notification to the e-mail address you provided, and the notification is served at the time when we sent the e-mail.

4. In the course of your using our Service, we may stop providing the Service to you and/or transfer your case to the Prosecutions’ Office for investigation if you violate the Terms, infringe our/the third-party’s rights, or engage in other illegal acts.

5. In no event shall we be responsible or liable to your User Content, speeches or any other activities on the Internet.  You are fully and soely responsible for any legal liability by yourself when others make a claim to us against your User Content or speeches, and guarantee that we will not be liable for any relevant losses and damages (including attorney’s fee and litigation costs).

6. We have the right to request that you stop using our Service and to take responsibility of compensating for our damages that are directly or indirectly caused by your inappropriate use.

User Content

1. User Content includes the questionnaire (including texts, images, videos, messages or other information) you create in our Service will be your User Content, and your non-confidential feedbacks, comments or suggestions (collectively “Feedback”) about our Service or contents.  You consent that we can use this Feedback and User Content without limit in order to improve our products or for the purpose of research and analysis within the scope of the law.

2. You own the rights and property rights of every User Content you create.  You are responsible for confirming that the User Content you create is legal and that you have already obtained the necessary permission, right and consent, so that we will not violate the Terms, the laws or intellectual property rights (including but not limited copyright, patent, trademark, or trade secret), moral right or other rights of the others when we publish or use the User Content according to the Terms.

3. If you do not have the right to authorize others to use, modify, reproduce, public broadcast, adaptation, distribution, publication, public release some materials, or sublicense the aforesaid rights to a third person, do not upload, transfer, input or provide those materials to us.  By uploading, transferring, inputting, providing or creating User Content, you agree that:

(1) We may monitor, review or edit User Content, and make the use of your processor, bandwidth and storage hardware on your device to facilitate the operation of the service.  We may, at our own discretion, remove or disable User Content including but not limited to when we consider the User Content have violated the Terms.  We may remove or disable your access to your User Content without prior notice to either you or the third-party.  However, we do not commit to removing or disabling the access to any specific User Content.

(2) You grant us a global, non-exclusive, transferable, sub-licensable, without royalties, permanent and irrevocable right to use, modify, reproduce, public broadcast, adaptation, distribution, publication, public release, public transmission, public presentation, translate all or one of the materials through any medium for the purpose of public welfare ,promoting or operating Musesurvey and the Service.

4. You agree to waive any exercise of “moral rights” (or the same rights according to applicable laws), such as identifying you as the author of User Content (including Feedback), or expressing objection to whoever make changes of or deny such User Content. .

Regulation on Member’s Registration Account and Password.

1. You need to create an account to use the Service.  When creating and registering an account, your registration and usage of the account and nickname shall comply with relevant laws and regulations of Republic of China (Taiwan), and should not contain controversial texts, including but not limited obscene, illegal, abusive or words that infringe the rights of others.
2. You consent to provide, maintain and upload your correct, latest and complete information (however, we will not confirm the authenticity of your identity or if your personal information has been falsely used, stolen, or the information is not true and so on based on the information you provided).  If you provide any wrong, false or incomplete information, or use the account to engage in any illegal act or violate the Terms, you shall take all civil and criminal responsibilities by yourself, and we can suspend or terminate your account and refuse all or part of your use of the Service.  You shall be solely liable for any damages resulted with which we have nothing to do.
3. After you have successfully registered, you must keep your account and password with due care.  Your registered account, password and membership rights are only for your personal use and may not be lent, transferred or shared with others.  We will not be responsible for damages caused by the disclosure of the aforementioned information to a third-party.
4. Please remember to logout after you finish using your account and password.  If your account is used without your consent or authorization, or security safety has been compromised, you should immediately report to us.  Once we confirm that your account and password have been used by others, we shall freeze the account (including the concerning transactions).  However, we will not be responsible for any damages to your account or password due to misappropriation, improper use or other circumstances beyond our knowledge or control.

System Interruption or Malfunction.

1. You understand that sometimes our Service may be offlined, disconnected or malfunctioned, which may cause inconveniences to your use, loss of data, errors, tampering or other economic losses, and the like, and you agree to take protective measures on your own when using our Service.
2. We will not be responsible for the damages arising out of your using (or failure to use) the Service for system due to interruption or malfunction caused by force majeure.  However, if the malfunction of the system is attributable to us, we will refund the unused portion of the fee that we charged for our Service.

Principle for Handling Suspicion of Infringement of Copyright or Intellectual Property Rights.

We respect the intellectual property right of others, and require our user to respect the same.  With respect to our Service or website or webstie contents which are suspected of infringing intellectual property rights, our principles are as follows:

1. Report from the right holder: If you believe that your copyright or your intellectual property rights have been infringed, please provide the following information to us: 

(1) The electronic or physical certificate showing you have copyright or other intellectual property rights. 

(2) The description of the work or other intellectual property that you believe is infringed.

(3) The description of the location of the infringing information you are claiming.

(4) Your address, telephone number and e-mail address.

(5) A Statement attesting that you are in good faith believing that the use is without permission from the copyright owner or his agent or law.

(6) A Statement attesting that under the penalty of perjury, the information you provided are, to your knowledge, true and correct, and that you are the owner or licensee of the copyright or intellectual property. 

2. Reporting process:

(1) After receiving the notice from the right holder, we will remove the infringing contents as soon as possible.  Once removed, the contents will no longer be restored by us.  

(2) We will inform the user of the report from the right holder so that the user can communicate directly with the right holder to resolve the dispute.  If the aforementioned report is incomplete, we will inform the right holder through the e-mail or fax that he/she has provided to correct the relevant information.

(3) If the user disagrees to the infringement claim of the right holder,  he/she shall submit a notification document to us so we can forward to the right holder.  If the notification documents are incomplete, we will inform the user through e-mail or fax that he/she has provided to correct the information accordingly.

(4) If the right holder fails to provide proof that he/she has filed a lawsuit against the user within 10 working days after the receipt of the aforementioned notification documents, the user may re-upload the contents at his/her own discretion.

3. The right holder or the user shall complete the correction of the information within 5 working days after his/her receipt of our notification to supplement or correct.  If the right holder or the user fails to correct or the correction is not completed within the period, it shall not be deemed as notice made according to the Copyright Act.

4. If the user is reported violating others’ intellectual property rights for 3 times, we may terminate all or a part of the Service with said user.

5. Except as provided by the user or in compliance with the purpose of providing the Service, we may only provide the user’s identification information to the third party at the request of the law or government agency.  Other than the above, in principle, we will only remove the infringing contents and will not provide information of the user.  We will provide user identification information only when compelled to do so in accordance with the law by the court or government agency or prosecutors’ office or the police authorities. 

Disclaimer

You understand and agree to use the Service at your own risks, and that we do not provide any warranties, be it express or implied, including but not limited to the following:

1. Using or not using the Service.
2. Statements or acts of any third party in respect of the Service.
3. The products, services, data or other information you bought or received through our Service will meet your expectations.
4. Any dispute arising from the sale, service or other transaction between you and the supplier or advertiser.  Said dispute should be sorted out solely with the supplier or advertiser by you.  We will not be responsible for the products, service or other transacted goods that you received.
5. Unauthorized access or modification of your transmission or information.
6. We do not guarantee the accuracy of user’s record and information when you use the Service.  While you may seek assistance through our customer service for any errors in the foregoing, this, however, would not constitute a guarantee from us or the Service.

Termination of Service

1. We have the right to cease the provision of all or a part of the Service at any time, and we shall not be liable to compensate your damages other than to refund to you the unused portion of the fees paid to us. 
2. We have the right to suspend or terminate the provision of the Service at any time and shall not be liable to you for any compensation if you violate the Terms or the conditions of use of this provision.
3. The Terms will continue to be in effect until either you or we terminate it.  However, your confirmation and consent to grant us permanent authorization (including Feedback) regarding the User Content shall not be affected by the expiry or termination of the Terms.

Interpretation of these Terms

1. If any part of this provision is invalidated by a change in the laws, it shall not affect the validity of the other part.
2. If there is any inconsistency between the Chinese and the English version of the Terms, the Chinese version shall prevail.

Governing Law and Jurisdiction

1. The Terms and all online purchase or transaction carried out by the Service shall be governed by the laws of Republic of China (Taiwan).
2. Any dispute arising from or related to the Terms shall be submitted to the jurisdiction of Taiwan Taipei District Court for the first instance level.

Last Modification of Musesurvey Terms of Service: September 15, 2017