| | The Open Source Service Hosting Dwins (OSSH Dwins) maintains this website (site)as a service to its members. By accessing and/or using the web site owned, operated and/or maintained by the OSSH Dwins, you are expressly agreeing to comply with and be bound by the following Terms of Use and the Active Privacy Statement, as well as all applicable laws and regulations. We've created these Terms of Use to protect you and to ensure that the OSSH Dwins is useful for everybody. If you do not agree with these Terms of Use, you are not authorized to use the OSSH Dwins site and must not access or use them! OSSH Dwins may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the OSSH Dwins site indicates your agreement with any such changes.
1. Copyright
Ownership. All content included on the OSSH Dwins site, such as text, graphics, logos, button icons, and images, is the property of OSSH Dwins or its content suppliers and protected by the international copyright laws.
Permitted Use. The content on the OSSH Dwins site may be used as an information and shopping resource. In addition, OSSH Dwins hereby authorizes you to view, copy, and print for personal use only any OSSH Dwins-owned content on the OSSH Dwins site. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to the OSSH Dwins logos or other design elements, which you may not duplicate, download, publish, modify or otherwise distribute.
2. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against OSSH Dwins with respect to such sites.
In addition, you may order services or merchandise through the OSSH Dwins site from other persons/institutions (the Seller). All matters concerning the merchandise and services desired from the Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. OSSH Dwins makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider OSSH Dwins, nor will OSSH Dwins be construed as, a party to such transactions, whether or not OSSH Dwins may have received some form of revenue or other remuneration in connection with the transaction. You agree that OSSH Dwins will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
OSSH Dwins and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. OSSH Dwins makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services, which may be obtained, from such third parties, and you agree that neither OSSH Dwins nor such third party shall have any liability with respect thereto.
3. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF OSSH Dwins IS AT YOUR SOLE RISK. OSSH Dwins IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OSSH Dwins EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION ON OSSH Dwins IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER OSSH Dwins NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN OSSH Dwins, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OSSH Dwins ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON OSSH Dwins CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED OR RECOMMENDED ON OSSH Dwins.
OSSH Dwins makes no warranty that the OSSH Dwins site services will be uninterrupted, secure or error free. OSSH Dwins does not guarantee the accuracy or completeness of any information in, or provided in connection with, the OSSH Dwins site. OSSH Dwins is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the OSSH Dwins site is at your own discretion and risk and that you will be solely responsible for any damage.
4. Limitation of Liability
OSSH Dwins SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE OSSH Dwins OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH OSSH Dwins OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF OSSH Dwins HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
You agree to indemnify and hold each of OSSH Dwins and its officers 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 OSSH Dwins, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
6. Termination
OSSH Dwins reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access OSSH Dwins and/or any other service provided to you by OSSH Dwins upon any breach by you of the Terms of Use or upon your demonstration of conduct that OSSH Dwins determines to be inappropriate.
7. Applicable Law; Consent to Jurisdiction
The OSSH Dwins site (excluding linked sites) are controlled by OSSH Dwins from its office within Taiwan. The OSSH Dwins site can be accessed from around the world. As each of these places has laws that may differ from those of Taiwan, by accessing the OSSH Dwins site both you and OSSH Dwins agree that the statutes and laws of Taiwan, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the OSSH Dwins site.
You agree that exclusive jurisdiction for any dispute with OSSH Dwins, or in any way relating to your membership or use of OSSH Dwins, resides in the courts of Taiwan and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Taiwan in connection with any dispute including any claim involving OSSH Dwins or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
8. Miscellaneous
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
OSSH Dwins may assign its rights and obligations under these Terms of Use and upon such assignment OSSH Dwins may be relieved of any further obligation hereunder.
You represent to OSSH Dwins that you have the authority to register with OSSH Dwins according to these Terms of Use.
With your prior approval, OSSH Dwins reserves the right to charge fees, surcharges and/or membership fees at any time.
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