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Before accessing, browsing, and/or
using this web site produced by Yang Ming Marine Transport Corp.,
and its subsidiaries or affiliate companiesˇ]hereinafter collectively
referred to as ˇ§Yang Mingˇ¨ˇ^, you shall expressly acknowledge that
you have read, understood, and agreed to the terms thereinafter. All
information presented in the web site is considered for information
purposes only and does not constitute any legal contract between Yang
Ming and yourself unless otherwise specified. The information provided
in the web site is believed to be accurate- however YANG MING cannot
guarantee the accuracy or correctness of any information included
in the web site. YANG MING may from time to time revise these terms,
and you are bound by such revisions and should therefore periodically
visit the web site to review the updated Terms. |
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You understand that, all of the site's contents,
including but not limiting to the information, products and services
contained or referred to in this web site are subject to change or
update at any time without prior notice. While YANG MING has made
every attempt to ensure that the information contained in the web
site is accurate and up-to-date, under no circumstances shall YANG
MING or any of its affiliates, respective partners, officers, directors,
employees, subsidiaries, agents or representatives of any kind be
responsible for or liable to any person or entity for any damage,
error, omission, inaccuracy, misuse, or conversion, whatsoever direct,
indirect, consequential, incidental, including, without limitation,
lost revenues or lost profits arising from or in connection with the
use in reliance on, or performance of any data or information provided
in or delivered from the web site. YOU SHALL ASSUME
TOTAL AND SOLE RESPONSIBILITY FOR ANY RISKS EITHER EXPRESSED OR IMPLIED
IN YOUR USE OF THE WEB SITE. The service is provided on an
"AS IS" and "AS AVAILABLE" basis without presentation
or warranty of any kind whatsoever. In case of any conflict between
any YANG MING service information in this web site and the service
information contained in the applicable YANG MING internet documentation
agreement, the internet agreement shall prevail. While the booking
functionality of the web site is used, the booking and carriage shall
be governed by and construed according to the terms of YANG MING Combined
Transport Bill of Lading, including the governing law and jurisdiction
clauses. |
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Unless otherwise specified herein, YANG MING will
retain any/all title(s), right(s), profit(s) and interest(s) of the
web site's contents, including but not limited to text, photographs,
images, domain, sub-domains, trademarks, logos, or any other intellectual
property rights, moral rights and similar benefits of any type in
connection with the web site and the services offered. You may print
and download portions of the materials solely for your personal, non-commercial
use. Unless it is strictly provided or permitted in the Terms, any
act in respect of the reproduction of any data or content from YANG
MING web site, including copying, redistribution, publication or retransmission
of any portion of the material of the web site without express written
permission or consent of YANG MING is forbidden. YANG MING web site
may contain other proprietary notices and copyright information, the
terms of which have to be obeyed and followed. YANG MING makes no
warranties or representations that your use of the services or materials
displayed on the web site will not infringe rights of third parties
not owned by or affiliated with YANG MING. All comments sent to YANG
MING web site become the property of YANG MING and may be used without
limitation. Received comments will not be treated as confidential. |
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Under no circumstances, including, but not limiting
to, breach of contract, tort, negligence, or strict liability, will
YANG MING and its related parties be liable for any direct, indirect,
incidental, consequential, special, punitive or other loss, damages
or claims of whatsoever. Neither YANG MING nor any of the related
parties assume or accept any responsibility whatsoever and bear any
liability for any damage or viruses or other items of destructive
nature that may infect your computer, any other software, hardware
or other IT systems or other property on account of your accessing,
using and/or browsing this web site and any of its service or downloading
of any material, data, text, image and whatsoever from this web site.
Furthermore, YANG MING assumes no responsibility, and shall not be
liable for any loss, damages or whatsoever due to the third party's
unjustified access to the web site or to passwords data or information
on the YANG MING web site. |
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The links in the web site will allow access to
other sites. Such linked sites are not under the control of YANG MING,
and YANG MING bears no liability to the contents of these sites. YANG
MING makes no warranty or representation whatsoever pertaining to
any other web sites which you may access through YANG MING web site
or which you may use or access such web site and any of its services.
When you access a non-YANG MING web site, please understand that it
is independent from YANG MING. YANG MING provides links only as a
convenience, and such inclusion of any link does not imply endorsement
by YANG MING. It is up to you to take precautions to ensure that whatsoever
you select for you use is free of viruses and other items of destructive
nature. |
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6.1 Information
Collected on the Site
YANG MING does not request or require any information from anonymous
visitors to the Site. YANG MING collects information only from those
users who wish to conduct business transactions (i.e. buying or selling
products or services) on the Site and who have registered on the Site
("Registered Users"). When you become a Registered User
of HomePort, you provide your name, address, telephone and fax numbers,
e-mail address and a unique User id. You are responsible for maintaining
the confidentiality of any User id as well as any account number,
account name, or passwords, if applicable, for the services you utilize
through the Site. 6.2 Use of
Cookies and Log Files
The Site does not use persistent or stored cookies; however, it does
use temporary or per-session cookies. Temporary or per-session cookies
act as a randomly generated session ID; they last only while the Registered
User is logged onto the Web site, and are cancelled at the end of
the session (i.e., the Registered User logs out of the Site or closes
their Web browser program). The Site uses temporary cookies for security
purposes. Each time a Registered User logs onto the Site, the Site
server generates a temporary session ID, which associates with the
user's login name, password and computer during that particular session.
This allows the Registered User to move from page to page in the Site
during a specific session, without having to re-enter the user login
name and/or password. The temporary cookie allows the Site server
to continuously verify that the user is a permitted user as the user
moves from page to page during a specific session. When the Registered
User logs out of the Site the temporary session ID is cancelled, and
is removed from the temporary memory of the user's computer; and the
association in the Site server between the temporary session ID and
the specific user login name and password is also terminated.
YANG MING also uses log files for anonymous site usage analysis. A
"log file" is a data file that records a Registered User's
activity while using the Site. |
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You agree to indemnify, defend and hold YANG MING
and its affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the "YANG
MING Parties") harmless from and against any and all claims,
liability, losses, costs and expenses (including reasonable attorneys'
fees) incurred to any YANG MING Party in connection with any violation
of this Terms or any improper use of the Service under your account
and password. YANG MING reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, and in such a case, you agree to cooperate
with YANG MING's defense of such claim. |
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YANG MING reserves the right, in its sole discretion,
to restrict, suspend or terminate your access to all or any part of
the Service, at any time for any reason without prior notice or liability.
YANG MING may change, suspend or discontinue all or any aspect of
the Service at any time, including the availability of any feature,
database, or content, without prior notice or liability. |
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YANG MING web site as well as the Terms herein
shall be subject to the laws of Taiwan, the Republic of China. You
agree that any claim or cause of action arising out of the use of
the service in the web site or related to the Terms herein, must be
filed within one (1) year after such a claim or cause of action arose
or be forever barred. You expressly waive any right you may otherwise
have under any statute or law. Any dispute, claim, argument, and any
other controversy arising from or in any way related to the web site,
including the Terms, shall be submitted to the exclusive jurisdiction
of Taipei District Court of Taiwan. |
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