Digital Asset Library - Terms of Use

Last Updated: 2021.11.1

According to the Digital Asset Library Terms of Use (hereinafter, these "Terms", including all existing and future versions), Taiwan Creative Content Agency ("TAICCA" or "we") provides various services ("This Service") on the Digital Asset Library website (link: https://tdal.tw , "Website"). In order to let the users of This Service ("you" or "Members") understand relevant regulations of This Service so as to constitute a legally binding agreement between you and TAICCA, the specific Terms are as follows:

1. Acknowledgement and Acceptance of These Terms

(1) You should register as a member in accordance with these Terms before you use This Service. When you use This Service, you are deemed to have read, understood and agreed to these Terms and the Privacy Policy (link: https://www.tdal.tw/content/privacy_policy) and fully accept all existing and future derived services, content and regulations of This Service. 

(2) If you do not have the capacity to make juridical acts, please obtain prior consent from your guardian before registering as a member. If you continue to use This Service, your guardian will be deemed to have read, understood and agreed to these Terms. 

(3) All announcements and information posted on this Website constitute part of these Terms, and TAICCA reserve the right for the final interpretation if there is any inconsistency or incompleteness in these Terms. 

(4) You agree that your expression of intent may include but is not limited to written or electronic documents, and that electronic documents exchanged in accordance with these Terms shall have the same effect as written documents. 


2. Amendments to These Terms and the Privacy Policy 

In order to comply with regulatory requirements and to provide complete services, TAICCA reserves the right to modify these Terms and the Privacy Policy at any time. If any changes to these Terms and the Privacy Policy that significantly affect your rights, we will notify you in an appropriate way. If you keep using This Service after we update these Terms and the Privacy Policy, you are deemed to accept the foregoing modifications. If you do not accept any of these Terms and the Privacy Policy, you should stop using This Service immediately. To ensure your rights, you should review the Terms and the Privacy Policy from time to time. 


3. Member Policy

(1) Membership Registration

A. Members is obligated to ensure and maintain the information you provide when you apply for membership registration and during the time of membership ("Membership Information") is complete, true, correct and valid. If you violate the foregoing regulations, you agree that TAICCA has the right to terminate your membership and refuse you to continue to use This Service, in addition to being liable for any damages caused by such violations. 

B. You shall keep your membership account and password by yourself and shall not give them to a third party for use. TAICCA may consider all activities conducted by the Members' account and password as your actions. If you lose your membership account and password, or find that your membership account and password are used by a third party or other security problems, you shall notify TAICCA immediately and take responsibility for the damages caused by the foregoing. 

(2) Notice of Member’s Rights

A. The rights (including but not limited to the copyright, patent and trademark) to the software, images, models, programs and all content on this Website and Service are owned by TAICCA or other right holders. Without the prior authorization or consent of TAICCA and the right holders, you are not allowed to use.  

B. You agree that if there is a dispute regarding all transactions occurring in This Service, the electronic transaction information recorded by TAICCA shall be the reference. If Members find that the transaction information is incorrect, you should notify TAICCA immediately. 


(3) Member Commitment

A. You promise to use this Website in accordance with international practices and etiquette on the Internet, and not to use this Website for any unlawful purpose or in any unlawful or inappropriate ways (including but not limited to the use of malicious web crawlers or reverse engineering and disassembly or reverse assemble). 

B. You promise that when you use the Service, in addition to prohibit all acts that affect the business operation of TAICCA, you shall not violate the relevant laws and regulations of the Republic of China (Taiwan), public order and morality, or infringe upon the rights of TAICCA and third parties and agree to follow the laws and regulations of that country or region when using This Service outside of the Republic of China (Taiwan). 

C. You promise not to use This Service for profit without prior authorization from TAICCA, or for any other purpose that is inconsistent with the purpose of use provided by This Service, or that is considered inappropriate by TAICCA. 

(4) Membership

A. If you want to terminate or cancel the membership of This Service, you should use the customer service center function of this Website and follow the instructions of this Website to terminate or cancel the membership. If you terminate or cancel your membership and there are still unpaid compensation and service fees, TAICCA may continue to claim these Terms or legal rights against you until paid. 

B. If you violate any clauses of these Terms or involve in other major violations, TAICCA may terminate your membership, permanently reject your membership application or take other appropriate actions. 

C. If your membership is terminated or cancelled, TAICCA is not responsible for keeping your membership information, and has the right to delete your membership information. 

(5) Member Responsibility

A. When using This Service, Members shall be responsible for all their actions and their results, which are not related to TAICCA. 

B. Members shall be responsible for any infringement of intellectual property rights or other legal disputes between Members and third parties, and TAICCA shall not be responsible for such disputes. 


4. Disclaimer

(1) TAICCA has the right to suspend, modify or terminate This Service in any of the following circumstances, and TAICCA will not be liable for any compensation or damages incurred by the Members: 

A. TAICCA relocates, replaces, upgrades, maintains or repairs software and hardware equipment related to This Service. 

B. Members who violate the relevant laws and regulations of Republic of China (Taiwan), public order and good morals, infringe the rights of TAICCA and third parties or these Terms. 

C. Natural disasters or other force majeure events. 

D. When This Service information, including but not limited to cash flow, accounting and other related information, is incorrectly displayed, falsified, altered, deleted, exported or retrieved, or the system is interrupted, or does not operate normally due to reasons beyond the control of TAICCA or not attributable to TAICCA. 

E. Other reasons that cannot be attributed to TAICCA. 

(2) TAICCA will maintain the normal operation of This Service and Website according to reasonable technologies and methods. TAICCA have the right to suspend This Service and the operation of this Website with no compensation or damages in the following circumstances: 

A. When the necessary maintenance or construction of our telecommunication equipment is carried out. 

B. When sudden telecommunication equipment failure occurs. 

C. When TAICCA’s telecommunication service is suspended and cannot provide This Service. 

D. If This Service cannot be provided due to force majeure factors or other reasons that cannot be attributed to TAICCA. 

(3) TAICCA makes no guarantee, expressed or implied, for This Service, including but not limited to the following: 

A. This Website is free from interruptions, errors, updates or security. 

B. The results of using this Website are correct or reliable. 

C. Any models, services, resources or other information received through this Website that meet the needs or expectations of Members. 

D. When using this Website or obtaining any information from This Service, Members should evaluate and take their own risk. If any damage or loss of information is caused by downloading any of the foregoing information, Members shall be fully responsible for it. 

(4) You may link to websites or services operated by third parties through the links provided by This Service. However, it does not mean that TAICCA has any relationship with such third parties, and you should decide whether to use such third-party websites or services at your own risk. TAICCA is not responsible for the contents, products or other information of the foregoing third-party websites or services. If you have any use or transaction with such third-party websites or services, it is between you and such third party, and you agree to be responsible for any costs and damages arising from the foregoing use or transaction, without regard to TAICCA. 

(5) This Service does not represent a partnership, joint venture, representation, or joint relationship between Members and TAICCA. Without TAICCA's permission, Members shall not misrepresent the legal relationship between Members and TAICCA to anyone or engage in any commercial or other actions in the name of TAICCA (including but not limited to individual or joint actions) to others. 

(6) TAICCA shall not be liable for any delay or failure of providing This Service due to force majeure. 

(7) TAICCA shall not be liable for all other damages caused by the Members' use of This Service. 

(8) TAICCA shall not be liable for any damages incurred by the Members due to any actions taken by TAICCA in accordance with these Terms. 


5. Advertisement

TAICCA may post advertisements of TAICCA or third parties on This Service. TAICCA do not guarantee the accuracy and reliability of third parties advertisements posted on This Service. 


6. Personal Information Protection

Your personal information collected by TAICCA will be processed in accordance with our Privacy Policy (link: https://tdal.tw/content/privacy_policy)


7. Liability

If you violate relevant laws or any of these Terms, you shall be liable for damages or costs (including but not limited to attorneys' fees, penalties, and settlement costs incurred in civil, criminal, and administrative proceedings and loss of goodwill) incurred by TAICCA or TAICCA’s employees, trustees, agents, and other relevant performance assistance due to your violation. 


8. Governing Law and Jurisdiction 

(1) The interpretation, supplement and application of these Terms shall be governed by and construed in accordance with the relevant laws and regulations of the Republic of China (Taiwan). The invalidity of any clauses of these Terms shall be ineffective to the validity of the other clauses. 

(2) Any dispute arising out of these Terms, both parties shall first negotiate in good faith, and if litigation is necessary, both parties agree to have Taiwan Taipei District Court as the first instance for jurisdiction. 


9. Language

In case of discrepancy between the Chinese version and the English translation, the Chinese version shall prevail.