Uploading Agreement

Last Updated: 2021.11.1

In accordance with the "Uploading Agreement" (hereinafter referred to as the "Agreement," which includes all existing content and future amendments), Taiwan Creative Content Agency ("TAICCA" or "we") hereby explains to you (hereinafter referred to as the "Member" or "You") how you can use this website to upload the digital products You have created (hereinafter referred to as "User Created Content") on the Digital Asset Library website (URL: https://tdal.tw , hereinafter referred to as the "Website"), and obtain profits by licensing the right to use User Created Content (hereinafter referred to as "Profit from the User Created Content "). Uploading User Created Content to the Website means that You understand and accept all the contents of the Agreement. We recommend carefully reading the Agreement before uploading User Created Content.

1. Listing Procedure

(1) You need to follow the registration procedure of the Website to become a member before You can upload User Created Content.

(2) Members are required to fill in information including, but not limited to, the name of User Created Content, a brief introduction, etc., according to the instructions provided on the Website, and upload User Created Content and other content in a format that meets the specification requirements stated on the Website.

(3) Once User Created Content is uploaded successfully, it will be reviewed by TAICCA. Only User Created Contents that have passed the review are eligible for listing. However, TAICCA reserves the right to make final decisions regarding listing.

2. Licensing Terms

Unless otherwise provided in the Agreement, You are the author of User Created Content and the uploaded content, and have ownership of all copyrights related to your work. By uploading User Created Content on the Website, the Member acknowledges and agrees to license TAICCA, persons designated by TAICCA, and other members on the Website to use User Created Content and other uploaded content for the following purposes:

(1) Rights granted to other members of the Website:

A. If You are providing User Created Content free of charge:

You agree to license other members of the Website to use User Created Content and other uploaded content in accordance with the Creative Commons Public Licensing Terms and Conditions You have selected on the Website.

B. If You are providing User Created Content for a fee:

You agree to grant a non-exclusive, permanent license to other members who download User Created Content via the Website, without limitations for non-profit purposes and location, in accordance with the terms and conditions of the license agreement of this Website.

(2) Licensing for TAICCA and persons designated by TAICCA: You agree to grant a non-exclusive and permanent license free of charge to allow the reproduction, remake, public broadcast, public screening, public showing, public display, public transmission of User Created Content and the uploaded content regardless of geographic location, for the purpose of marketing and advertisement.

3. User Created Content Pricing

(1) You may determine the price of User Created Content within the price range set by TAICCA. However, TAICCA has the right to adjust the price based on considerations of similar products and other information. If You do not agree with the adjusted price, You may request TAICCA to remove User Created Content from the Website at any time.

(2) TAICCA may occasionally hold promotional events for the products on the Website, and provide discounted prices of the products accordingly to promote their usage and downloads. Should You be unwilling to participate in such promotional events, You may notify TAICCA within 7 days after receiving relevant notice. Late replies or non-replies will be deemed as having agreed to TAICCA 's discount adjustments for the promotional event.

4. Profit from the User Created Content

(1) Once the User Created Content (for a fee) You uploaded is approved by TAICCA for listing on the Website, You are entitled to 70 % of the payment from each download after deducting all necessary fees as your profit. TAICCA will temporarily store the profit in your member account. You may log into your account and check your profits at any time.

(2) If You need to withdraw the profit from your member account, You may contact TAICCA through customer service. TAICCA will remit the money to your designated financial account after deducting all fees, such as handling fees and taxes.

(3) If a user of User Created Content asks for a refund, we will deduct the amount from your member account after completing the refund procedure. If the balance in your member account is insufficient, TAICCA will notify you to refund the amount.

5. Member Guarantees

You pledge, declare, and guarantee:

(1) You have the right to enter into and fully perform the Agreement with TAICCA;

(2) all the contents You upload to the Website (including, but not limited to, User Created Content, text, and images):

A. are works created by You, except for instances where You have obtained the consent of other right holders;

B. do not infringe the rights of any third party (including, but not limited to, rights such as copyrights, trademarks, patents, trade secrets, portrait rights and privacy rights);

C. do not include defamations, pornography, hate speech, violence, racism, exploitation of children, etc.;

D. do not violate any laws, orders, administrative regulations or court orders in any jurisdiction;

E. do not contain any virus or malware.

(3) You agree to comply with this Agreement and all regulations on the Website, including, but not limited to, the Privacy Policy and Terms of Use.

6. Disclaimer

(1) Members shall be fully liable for the content created and uploaded to the Website (including, but not limited to, User Created Content, text, images). You shall be liable for all damages to any third party arising from the use of the content You uploaded to the Website. TAICCA shall not be liable in any way.

(2) TAICCA does not guarantee the safe storage of all content uploaded by You to the Website (including, but not limited to, User Created Content, text, and images). Members shall keep copies of original files and backups. TAICCA shall not be liable for any loss of data.

(3) Provided that You have not breached the Agreement or other regulations of the Website (including, but not limited to, the Terms of Use of the Digital Product Library), if you suffer damages due to reasons attributable to TAICCA, TAICCA shall be liable for such damages to the extent of the profits You earned by uploading User Created Content.

7. Indemnity for Losses and Damages

If You fail to comply with the provisions of the Agreement resulting in damages to TAICCA, You shall be liable for damages to TAICCA (including, but not limited to, attorney fees, litigation costs, compensation, settlement, interest and other expenses). In addition, You have an obligation to assist TAICCA in resolving relevant disputes in a timely manner.

8. Termination or Cancellation

If You violate the Agreement or any other regulations of the Website (including, but not limited to, the Terms of Use of the Website) causing damages to TAICCA, TAICCA may terminate or cancel the Agreement, close your member account and remove User Created Content from the Website.

9.Transfer and Assignment

Without the prior written consent of TAICCA, You may not assign the rights and obligations under the Agreement to a third party, or allow a third party to inherit such rights and obligations or use such rights and obligations as collateral.

10. Miscellaneous
(1) If any provision of the Agreement is deemed invalid, unlawful, or unenforceable, such provision shall not affect the validity, legality, and enforceability of any other provision of the Agreement. The other provisions shall remain unaffected and in full force.
(2) Matters not specified in this Agreement may be supplemented by a separate written agreement negotiated by the Parties in good faith.
(3) The Agreement does not establish You as TAICCA 's agent, nor does it form any agency, franchise or other similar relationship between You and TAICCA.
(4) The title of each clause of the Agreement is for convenience purposes and shall not serve as interpretations for the content of the Agreement. The rights and obligations of the Parties shall be determined by the actual content of each clause.
(5) This Agreement shall be governed by and construed in accordance with the laws of the Republic of China. The Parties shall resolve any disputes arising from or related to the Agreement through negotiations based on the principle of good faith, taking into consideration public interests, fairness, and reasonableness. Should litigation become necessary, the parties agree that the Taipei District Court shall be the court of first instance.

11. Translated Versions
The Agreement has been translated into other languages for convenience purposes. Where contradictions exist between the Chinese version and other languages, the Chinese version shall prevail.