The ATAYAL, Inc. User Agreement for ATAYAL.org provides protection for the Company and its Users so that the best web site possible can be provided by promoting trust among all members of our online community.
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH ATAYAL, INC. OFFERS YOU ACCESS TO OUR SERVICES AS A REGISTERED USER. BY PRESSING THE "I ACCEPT" BUTTON IN THE USER AGREEMENT SECTION OF THE MEMBER REGISTRATION FORM OR THE VOLUNTEER FORM, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
If you do not accept these terms and conditions and/or have questions regarding these conditions, please contact us at this e-mail address.
ATAYAL, Inc. may amend this Agreement at any time by posting the amended terms on the web site. The amended terms shall automatically be effective 30 days after they are initially posted. This agreement was revised on February 5, 2007.
ACCEPTANCE OF TERMS
ATAYAL provides its service to you, in accordance to the following Terms of Service ("TOS"), which ATAYAL may update on occasion without notice to you. In addition, when using ATAYAL.org, you and ATAYAL shall be subject to any posted guidelines or rules applicable to such service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
DESCRIPTION OF SERVICE
ATAYAL provides users with a valuable database of Taiwanese indigenous resources, including, access to communication, information on tribes, the language, the art, the history, news and articles. ATAYAL provides members the opportunity to communicate and make a difference for the mission of the organization. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service. You understand and agree that the Service is provided "as-is" and that ATAYAL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
To use ATAYAL's Service, you must have 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. You must also provide any equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration and submittal forms and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ATAYAL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ATAYAL has the right to refuse any and all current or future use of the Service (or any portion thereof).
PRIVACY POLICY
Registration and Submittal Data and certain other information about you is subject to our Privacy Policy. For more information, please see our Full Privacy Policy.
USER CONDUCT
ATAYAL 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 even though ATAYAL works hard to screen Content, by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ATAYAL 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 ATAYAL's Service to:
a) mail 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;
b) 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;
c) You acknowledge that ATAYAL 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, ATAYAL and its designees shall have the right to remove any Content that violates the Terms Of Service 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 ATAYAL or submitted to ATAYAL.
You acknowledge and agree that ATAYAL 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 Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ATAYAL, 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.
INDEMNITY
You agree to indemnify and hold ATAYAL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms Of Service.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
ATAYAL 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 ATAYAL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ATAYAL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ATAYAL has no control over such sites and resources, you acknowledge and agree that ATAYAL 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 ATAYAL 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.
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 ATAYAL 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.
ATAYAL 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 ATAYAL for use in accessing the Service.
GENERAL INFORMATION
The Terms Of Service constitute the entire agreement between you and ATAYAL and govern your use of the Service, superceding any prior agreements between you and ATAYAL. 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 Terms Of Service and the relationship between you and ATAYAL shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and ATAYAL agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Florida. The failure of ATAYAL to exercise or enforce any right or provision of the Terms Of Service shall not constitute a waiver of such right or provision. If any provision of the Terms Of Service 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 Terms Of Service 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 Terms Of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
