ACCUPASS Service Terms and Conditions

Update: 2012.01.03

1. Relationship between You and Accuvally

   1. Accuvally Inc. (Chinese name盈科泛利股份有限公司), hereinafter “Accuvally”, provides relevant products, platforms and ACCUPASS electronic ticketing services in accordance with these Service Terms and Conditions. When you use any service provided by Accuvally, you shall be deemed to have read, understood and agreed to accept all provisions of this agreement. Accuvally has the right to revise or change the provisions of this agreement. We suggest that you pay attention to such revisions or changes at any time. When you continue to use any service provided by Accuvally after any revision or change, it shall be deemed that you have read, understood and agreed to accept such revision or change.

   2. Your use of any Accuvally product, software, service and website (hereinafter collectively, the “Services”, excluding any service provided by Accuvally to you pursuant to a separate written agreement) is governed by the terms and conditions of the legal agreement between you and Accuvally. “Accuvally” means Accuvally Inc., with its registered address in the Republic of China (R.O.C.). This document explains how the agreement is established and govern certain provisions of such agreement.

   3. These Service Terms and Conditions constitute a legally binding agreement between you and Accuvally in relation to your user of the Services. You should read these terms and conditions carefully.

   4. Your member registration and other specific information will be protected and governed by our Privacy Policy.

2. Acceptance of These Terms and Conditions

   1. The use of the Services is subject to prior agreement to these terms and conditions. You cannot use the Services if you do not accept these terms and conditions.

   2. You can accept these terms and conditions in the following manners:

      1. If Accuvally provides a click for you to accept or agree to these terms and conditions on the user interface of any Service, you can accept these terms and conditions by making such click; or

      2. You can also accept these terms and conditions through actual use of the Services. You understand and agree that, if you have actual use of the Services, Accuvally will deem that you have accepted these terms and conditions starting from your use of the Services.

   3. In using the Services by Accuvally, you also comply with the following matters:

      1. Provide correct, up-to-date and complete information of yourself as prompted by the registration form for the Services.

      2. Maintain and update your personal information to ensure that such information is correct, up-to-date and complete. If you provide any incorrect or false information, Accuvally has the right to suspend or terminate your account and prevent you from using all or part of the Services.

   4. You may not be able to use the Services and these terms and conditions in any of the following circumstances due to the different features of the event:

      1. You are under the legal age to enter into a binding agreement required due to the feature of the event, or

      2. The law of Taiwan of any other country (including the country of your residence or in which you use the Services) prohibits you from accepting the Services.

   5. You should print or save locally the general term s and conditions as backup before you continue to read the following provisions carefully.

3. Language of These Terms and Conditions

   1. If Accuvally provides a translated version of these terms and conditions in traditional Chinese, you agree that such translation is for your convenience only and the relationship between you and Accuvally shall be governed by the official Chinese version of these terms and conditions.

   2. In case of any conflict between the official Chinese version of these terms and conditions and any translation, the official Chinese version shall prevail.

4. Accuvally's Provision of Services

   1. Accuvally engages in continuous innovation to provide the best experience for its users. You recognize and agree that the forms and nature of services provided by Accuvally may be changed at any time without prior notice to you.

   2. You recognize and agree that Accuvally may, in accordance with its policy of continuous innovation, decide at its own discretion to (permanently or temporarily) stop providing the Services to you or all users, without prior notice to you. You may stop using the Services at any time. When you stop using the Services, you do not need to give notice to Accuvally.

   3. You recognize and agree that if Accuvally cancels your qualification to use your account, you may not be able to obtain the services or your account information or any file or other contents included in your account.

   4. You recognize and agree that, even though Accuvally may not currently impose any limit on the transmission volume that may be sent or received or on the storage space for any service, Accuvally may decide at its own discretion to impose such limit at any time.

5. Your Use of the Services

   1. To acquire certain services, you may be asked to provide information about yourself (such as identification or contact information) as part of the registration procedure for the services, or as a part of your continuous use of the service. You agree that any registration information provided to Accuvally is precise, correct and up-to-date.

   2. You agree to use the Services only for the purposes permitted under the following: (A) these terms and conditions, and (B) any applicable law, regulation or generally recognized practice or principle of the relevant jurisdiction (including any law of the Republic of China (R.O.C.) or any other relevant country in relation to the import and export of data or software).

   3. You agree not to acquire (or try to acquire) any service other than through the interface provided by Accuvally, unless specifically permitted under your agreement with Accuvally.

   4. You agree not to interfere with or sabotage any activity of the Services (or any server or network connected to the Services).

   5. You agree not to regenerate, reproduce, copy, sell, transact or re-sell the Services, unless specifically allowed in your agreement with Accuvally.

   6. You agree to bear sole liability for your breach of your obligations under these terms and conditions and the results thereof, including any loss or damage suffered by Accuvally. Accuvally will not be liable to you or any third party.

6. Security of Your Passcode and Account

   1. You agree and understand that you are responsible for the confidentiality of the passcode related to the use of any account to acquire the Services.

   2. Based on this, you agree that you shall be fully liable for all activities under your account.

   3. You agree and understand that you should log out of your account at the end of each connection to avoid the disclosure of your

      account's passcode or any unauthorized use by any other person.

   4. If you are aware that your passcode or account is subject to unauthorized use by any other person, you agree to immediately notify Accuvally or send an email to the service mailbox.

7. Privacy and Your Personal Information

   1. With regard to Accuvally's data protection rules, please refer to Accuvally's Privacy Policy on the website. Such policy explains how Accuvally processes your personal information and protect your privacy when you use the Services.

   2. You agree to use your information in accordance with Accuvally's privacy policy.

8. Scope of Services

   1. You agree that any information that you acquire as part of the Services and any information that you acquire through the use of the services (such as data files, document, computer software, music, image files or other voice, pictures, video recordings or other images) are under the full responsibility of the creators of such contents. All of such contents are hereinafter referred to as the “Contents”.

   2. You should be aware that the Contents displayed that you acquire through the Services, including (but not limited to) any advertising and sponsored Contents in the services, may be subject to protection by intellectual property right of the sponsor or advertiser that provided the Contents to Accuvally (or their representatives or companies). You shall not revise, rent, lease, lend, sell or distribute all or part of such Contents, nor shall you create any derivative work in whole or in part based on such Contents, without the specific consent of Accuvally or the relevant Content owner under a separate agreement.

   3. Accuvally has the right (but does not have the obligation) to preview, review, identify, filter, revise, refuse or delete any or all Contents from any Service.

   4. You understand that, in using the Services, you may come in contact with Contents that are aggressive, vulgar or repulsive to you. Therefore you use the Services at your own risk.

   5. You agree to be solely liable for any Content that is created, transmitted or displayed when you use the Services and the results of such conduct by you, including any loss or damage that may Accuvally may suffer. Accuvally will not be liable to you or any third party.

9. Exclusive Right

   1. You recognize and agree that Accuvally or Accuvally's licensor owns all legal rights, ownership and interest of the Services, including any intellectual property right that exists in the Services (whether or not such right has been registered and wherever such right exists in the world). You also recognize that the Services may include information that is designated as confidential by Accuvally and that you may not disclose such information without Accuvally's prior written consent.

   2. Unless otherwise agreed under a separate written agreement between you and Accuvally, nothing in these terms and conditions grants you any right in relation to any of Accuvally's trade names, trademarks, service logos, identifications, regional names or any other brand features.

   3. Other than the limited licensed under Article 11, Accuvally recognizes and agrees that it has not acquired pursuant to these terms and conditions any right, ownership or interest in any Content that you submit, post, transmit or display in or through the Services, including any intellectual property right of such Contents(whether or not such right has been registered and wherever such right exists in the world). Unless you have a separate written agreement with Accuvally, you agree that you shall be responsible for protecting and exercising the above-mentioned rights. Accuvally is not obliged to protect or exercise any such right on your behalf.

   4. You agree not to delete, conceal or change any proprietary statement (including copyright and trademark statement) accompanying or included in the Services.

   5. Unless you receive a written express authorization from Accuvally, you agree that, in using the Services, you shall not use any trademark, service logo, trade name or identification of any company or organization that may cause or willfully causes any other person's confusion about the owner or licensed user of such logo, name or identification.

10. Accuvally's License

    1. In providing the Services to you, Accuvally grants you a personal, worldwide, free, non-assignable and non-exclusive right to use the software that Accuvally provides to you (hereinafter the “Software”). The sole purpose of such license is for you to use and enjoy the benefit of the Services provided by Accuvally in the manner permitted under these terms and conditions.

    2. Unless otherwise expressly permitted by law or otherwise expressly provided, or unless Accuvally grants a special written approval, you shall not, and shall not allow any other person to, copy or revise the Software or any part thereof, or create any derivative work based on the Software or any part thereof, or perform any reverse-engineering, reverse-compilation or try to acquire the source code of the Software or any part thereof in any other manner.

    3. Unless otherwise expressly permitted in writing by Accuvally, you shall not assign the right to use the Software or sublicense such right of use to any other person, nor shall you create any security interest on your right to use the Software, or assign any part of your right to use the Software in any other manner.

11. Your License for the Contents

    1. You are entitled to your existing copyright and any other right in relation to any Content that you submit, post or display in or through the Services. In submitting, posting or displaying the Content, you grant Accuvally a permanent, irrevocable, worldwide, free and non-exclusive right to reproduce, adapt, revise, translate, publish, publicly perform, publicly display and distribute any Content that you have submitted, posted or displayed in or through the Services. This license is only granted for the purpose of Accuvally's display, distribution or promotion of the Services and may be cancelled in accordance with additional terms and conditions for certain Services.

    2. You agree that the above-mentioned license includes a right for Accuvally to provide the contents to any company, organization or individual that is related to Accuvally due to the joint provision of the Services, including the right to use such Contents for the joint provision of the Services.

    3. You understand that the technical measures required by Accuvally for the provision of the Services to the users may (A) be transmitted or distributed through different public networks or through different media; (B) may result in necessary changes to your Contents so that such Contents are consistent and compatible with the technical requirements for connection to the network, device, service or media. You agree that the above-mentioned license allows Accuvally to undertake such actions.

    4. You confirm and guarantee to Accuvally that you own all rights and authorities required to grant the above-mentioned license.

12. Software Update

    1. The software that you use may be automatically downloaded from Accuvally, with updated version installed. Such updated version is aimed to improve, reinforce and further develop the Services and may be provided in the form of bug correction function, reinforcement function, new software module and brand-new version. In using the Services, you agree to accept (and allow Accuvally to deliver to you) such updated versions.

13. Termination of Relationship between You and Accuvally

    1. These terms and conditions shall continue to apply until termination by your or Accuvally in accordance with the following.

    2. If you wish to terminate a legal agreement with Accuvally, you may do so in the following manner: (A) give notice to Accuvally at any time, and (B) if Accuvally provides you with the option to close all of your service accounts, you can close such accounts and terminate the legal agreement with Accuvally.

    3. Accuvally may terminate its legal agreement with you at any time upon the occurrence of any of the following events:

       1. You breach an provision of these terms and conditions (or your conduct clearly indicates that you do not intend to or are unable to comply with these terms and conditions);

       2. Accuvally must terminate the legal agreement with you in accordance with law (such as when the provision of the Services to you constitutes or becomes illegal conduct);

       3. The partner that provides the Services to you together with Accuvally has terminated its relationship with Accuvally or has stopped providing the services to you;

       4. Accuvally has had a change of circumstances and no longer provides the Services to users in the country of your residence or the country in which you use the Services;

       5. Accuvally deems that its provision of the Services to you is no longer commercially feasible;

       6. The electronic communications equipment on Accuvally's website requires maintenance and construction, or occurrence of any event of force majeure such as act of God.

    4. No provision hereunder shall affect Accuvally's right in relation to the Services provided in accordance with Article 4 hereof.

    5. Upon termination of these terms and conditions, none of the legal rights, obligations or responsibilities that you and Accuvally enjoy and undertake (or occurring during the validity period of these terms and conditions) shall be impacted by such termination, nor shall any legal rights, obligations or responsibilities that are expressly provided as valid indefinitely. Article 20.7 shall continue to apply indefinitely to such rights, obligations and responsibilities.

14. Exclusion of Warranty

    1. Nothing in these terms and conditions, including Articles 14 and 15, exclude or restrict Accuvally's loss warranty or liability that may not be legally excluded or restricted in accordance with applicable law. In certain jurisdictions, it is not allowed to exclude certain warranties or conditions, or it is allowed to restrict or exclude any loss or damage arising out of negligence, breach of contract or breach of implied warranty, or it is not allowed to exclude the liability for consequential and derivative damage. Therefore, the restrictions are applicable to you only to the extent permitted by law in your jurisdiction and{' '} Accuvally's liability is also limited to the maximum scope permitted by law.

    2. You clearly understand and agree that you shall bear the risk in using the Services and that the Services are provided on “as is” basis.

    3. Neither Accuvally nor its licensor gives any representation or warranty to you in relation to the following:

       1. That your use of the Services will meet your needs;

       2. That any information provided by Accuvally that you acquire through the use of the Services is true; and

       3. That any operational or functional defect occurring from any software that is provided together with the Services will be corrected.

    4. Your acquisition of information through download or in any other manner through the use of the Services is an act at your own discretion and the relevant risk shall be borne by yourself. If your computer system or any other device suffers damage or loss of data due to the downloading or uploading of information, you shall bear your own liability.

    5. None of the verbal or written recommendations or information that you acquire from Accuvally or through the Services constitutes any warranty that is not expressly provided in these terms and conditions.

    6. Accuvally also expressly declares that it does not provide any kind of express or implied warranty or condition, including (but not limited) to any implied warranty or condition about merchantability, profitability, fitness for particular purpose or non-infringement.

15. Limited Liability

    1. Subject to all provisions under Article 14.1 above, you clearly understand and agree that neither Accuvally nor its licensor shall be liable to you for the following:

       1. Any direct, indirect, consequential, special, derivative or punitive damage that you may incur due to any reason and under any theory of liability, including (but not limited to) any direct or indirect loss of profit, any loss of goodwill or business reputation, any loss of data, cost of purchase of replacement objects or services or any other intangible loss;

       2. Any loss or damage that you may incur, including (but not limited to) those caused by the following: your reliance on the completeness, precision or existence of any advertisement, any relationship or transaction between you and any advertiser or sponsor whose advertisement appears in the Services, any change that Accuvally may make to the Services, or any change that Accuvally may make to the Services due to permanent or temporary suspension of the provision of the Services (or any function in the Services), deletion, destruction or failure to save any Content or other communications data that you maintain or transmit through use of the Services, any platform of commercial information, matching and brokerage provided by Accuvally's Services, no warranty about any sale and purchase, pre-order and transaction that you perform on the platform, your failure to provide correct account information to Accuvally, your failure to maintain the security and confidentiality of your passcode or account information;

    2. The limitation on Accuvally's liability to you under Article 15.1 is applicable regardless of whether Accuvally has received notice or should have been aware of the possibility of the occurrence of the above-mentioned losses.

16. Copyright and Trademark Policy

    1. In accordance with Accuvally's policy, Accuvally will react to any notice of copyright infringement that is consistent with the relevant intellectual property law and will terminate repeated offenders of infringement.

17. Advertisement

    1. Certain Services are supported by advertising income and may display advertisements and promotional contents. Such advertisement may make enquiries about the information saved in the Services or other information through the Services.

    2. Accuvally may make changes to the manner, model and scope of advertisement on the Services without special notice to you.

    3. You agree that Accuvally may include such advertisements in the Services as consideration for your right to acquire and user the Services granted by Accuvally.

18. Other Contents

    1. The Services may include hyperlinks to other websites, Contents or resources. Accuvally may not be able to control any website or resource provided by any non-Accuvally companies or individuals.

    2. You recognize and agree that Accuvally will not be liable for the availability of such external websites or resources, nor does Accuvally sponsor any advertisement, product or other material on such websites or acquired through such websites or resources.

    3. You recognize and agree that Accuvally shall not be liable for any loss or damage that you suffer due to the availability of the above-mentioned external websites or resources or your reliance on any the completeness, precision or existence of any advertisement, product or other information on such websites or acquired through such websites or resources.

19. Amendments to These Terms and Conditions

    1. Accuvally may make changes to the general terms and conditions or additional terms and conditions at any time. When such changes are made, Accuvally will provide the latest version of Service Terms and Conditions on the website.

    2. You understand and agree that, if you use the Services thereafter, Accuvally will deem that you have accepted the Service Terms and Conditions after the changes.

20. General Legal Terms and Conditions

    1. In using the Services, you may (due to or through the use of the Services) use services provided by other persons or companies, download software provided by other persons or companies, or purchase products provided by other persons or companies. You shall perform in accordance with the terms and conditions further entered into between you and the relevant company or individual for the use of such other services, software or products. These terms and conditions do not affect the legal relationship between you and such other companies or individuals.

    2. These terms and conditions constitute the entire legal agreement between you and Accuvally in relation to your use of the Services (but excluding any service provided by Accuvally to you in accordance with any other written agreement) and fully replace any agreement previously entered into by you and Accuvally in relation to the Services.

    3. You agree that Accuvally may give notice to you by email, general mail or posting on the Services, including notice about amendment to these terms and conditions.

    4. You agree that, if Accuvally fails to exercise or enforce any legal right or remedy stated in these terms and conditions (or to which Accuvally is entitled in accordance with any applicable law), it shall not be deemed an official waiver of Accuvally's right and Accuvally shall remain entitled to such right or remedy.

    5. If any provision of these terms and conditions is found invalid by any court of jurisdiction, such provision shall be deleted from these terms and conditions and the other parts of these terms and conditions shall not be impacted. The remaining parts of these terms and conditions shall continue to be valid and enforceable.

    6. You recognize and agree that any member of the group of which Accuvally is the parent company shall be the third party beneficiary of these terms and conditions. These other companies have the right to directly enforce and rely on any provision of these terms and conditions that grant interest (or right) to such companies. Other than this, no other person or company may be a third party beneficiary of these terms and conditions.

    7. These terms and conditions and the relationship between you and Accuvally under these terms and conditions are subject to applicable laws of the place where Accuvally is registered and all international practice in relation to the use of Internet. You agree and guarantee not to use the Services to engage in any act to the detriment of other person's interest or any illegal conduct. You and Accuvally both agree that nay legal matter and dispute arising out of these terms and conditions shall be subject to the exclusive jurisdiction of the court in the place where Accuvally is registered.