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The Terms of Service Agreement

Last updated: September 5, 2023

Thank you for visiting DIGITIMES Asia's website (hereinafter referred to as "the Website"), which is managed by DIGITIMES Inc. (hereinafter referred to as "DIGITIMES"). Any use of the Website, including but not limited to text, data, software, audio, videos, graphics, or any other materials provided on it, as well as any accompanying services, falls under this Service Agreement ("the Agreement"). The Website's services, inclusive of all information and offerings, also adhere to the Agreement. To safeguard your rights, we recommend thoroughly reading and understanding the terms outlined here.

Terms of Service

Paid Content Service

1. Acceptance of the Terms of Service Agreement

  • By visiting or using this Website, you agree to the terms laid out in the Agreement. Be aware that some services have additional rules and policies that also apply when you use them. These additional terms are part of this Agreement. If there are any differences between the Agreement and other rules or usage terms, those rules/terms will have precedence.
  • The Website may update this agreement at any time. You are required to check for updates regularly. Any modifications and updates will be provided in the Notes & Corrections section. If you continue to use the Website after changes have been made, you accept these changes and agree to abide by them.

2. Privacy Protection

DIGITIMES deeply respects and is committed to protecting your privacy. By providing your personal information to use our Services, you signify your agreement to our Privacy Policy. For more information, please refer to our Privacy Policy.

3. Intellectual Property

  • All content posted on the DIGITIMES website, including but not limited to articles, photos, images, illustrations, audio, video, documents, website layout, and design are protected by the copyright laws of the Republic of China (Taiwan), international copyright laws, as well as other relevant and other related intellectual property laws.
  • Users are only permitted to use the content or services provided on this website for personal non-commercial purposes. Any form of transmission, copying, dissemination, or public display of such content is not allowed. Users must comply with all relevant copyright regulations when using this content.
  • For more information, please refer to our Copyright Policy.

4. Registration and Account Security

  • You are required to register and create an account to access certain parts of our website. During the registration process, you must provide information that is accurate, truthful, and up-to-date information.
  • You are responsible for keeping your password confidential and for notifying us immediately upon discovering or suspecting any unauthorized use or security breaches of your account.
  • By using our services, you affirm that: (1) all registration information is true, accurate, current, and complete; (2) you have the capacity to comply with these Terms and Conditions; (3) you will not access the services through automated or non-human means; (4) you will not use the services for any illegal or unauthorized purpose; and (5) your use of the services will not violate any applicable laws or regulations.
  • If you become aware of any unlawful or unauthorized use of our services or any violation of our security policies, you must notify us immediately.
  • Each registered account, whether it is a paid or free subscription, is for individual use only. You may not share your account password or allow others to use your account. If you share your account password, we reserve the right to restrict or suspend your account and access to the services.
  • If you experience any issues receiving our emails, such as consecutive bounce-backs or failure to receive our emails, we may remove your address from our mailing list after ten (10) unsuccessful delivery attempts. To resolve this, you can either adjust your email settings for successful delivery or reapply for our email services through My Account.

5. Services Changes

By accessing and using any part of the Website, including any services provided therein (hereinafter referred to as the "Services"), you unconditionally agree to accept and comply with these Terms and Conditions, as well as all other operational rules, policies, and procedures published by DIGITIMES from time to time on the Website (hereinafter referred to as "Operational Rules and Policies"), each of which is incorporated by reference and may be revised and amended from time to time without prior notice to you. It is your responsibility to regularly check for changes to these Terms and Conditions and the Operational Rules and Policies. If you do not agree to these Terms and Conditions and the Operational Rules and Policies, please refrain from accessing the Website or using any services provided therein.

6. Subscription

The Website only grants you a limited, personal, non-commercial, non-exclusive, and non-transferable right to use this service, subject to the constraints outlined in the Agreement.

7. Prohibited Activities

You may not access or use the website for any purpose other than those expressly provided by us. The website may not be linked to any commercial endeavors that are not specifically endorsed or approved by us. As a user of the website, you agree not to:
  • Retrieve data or content from the website without permission to create aggregations or databases.
  • Mislead or attempt to gather sensitive information.
  • Interfere with security-related features of the website.
  • Misuse support services or submit false reports.
  • Use the website in a manner inconsistent with applicable laws or regulations.
  • Upload or transmit viruses, spam, or disrupt the use of the website.
  • Engage in any automated use of systems or data mining.
  • Impersonate another user or attempt to bypass website measures.
  • Replicate or modify the website's content or structure. Using standard browser functionalities to view or cache the website for personal use is not considered a violation. Use the website for profit or commercial purposes.
  • Advertise or offer to sell goods and services.
  • Sell or transfer your personal information.
  • You agree that if DIGITIMES determines, in its sole discretion and without prior notice, that you have violated these prohibited activities or violated any applicable laws or regulations, DIGITIMES reserves the right to terminate, restrict your access, or suspend your account.

8. User-Generated Contributions

The website provides the functionality to submit user-generated content. The content you provide may be viewed by others, so please avoid sharing confidential information. By submitting content, you acknowledge compliance with these Terms and Conditions and grant us the license outlined in Section 9. The website provides the functionality to submit user-generated content. The content you provide may be viewed by others, so please avoid sharing confidential information. It's crucial that user submissions do not infringe on the copyright, trademark, patent, or other intellectual property rights of others. By submitting content, you acknowledge compliance with these Terms and Conditions and grant us the license outlined in Section 9.

9. Contribution License

By submitting your contributions (Works), you provide us a broad license to utilize, distribute, and derive from your Works. However, we will not sell your contributions to third parties. While you retain ownership and are accountable for your Works, you assure the lawfulness of your contributions and assume any liability for rights infringements. You agree to protect us from all damages, losses, and expenses (including reasonable attorney fees) related to any violation of these terms or claims of rights infringement. We retain the right to modify or remove contributions as needed.

10. Third-Party Websites and Content

The website may contain links to third-party websites and content. While we provide these links for your convenience, please be aware that we do not endorse them, nor are we responsible for their accuracy or appropriateness. We advise you to exercise caution and discretion when visiting these third-party websites. We bear no liability for any loss or damage resulting from the use of these third-party websites.

11. Advertisements

We allow advertisers to display their advertisements and other information in certain areas of the website, such as sidebar ads or banner ads. If you are an advertiser, you are solely responsible for the advertisements you place on the website and any services or products sold through those advertisements. Furthermore, as an advertiser, you guarantee and represent that you have all rights and authority to advertise on the website, including but not limited to intellectual property, publicity rights, and contractual rights. We only provide space for such advertisements and have no other relationship with advertisers.

12. Website Management

We reserve the following rights: (1) Monitor the website for compliance with the terms of use; (2) Take legal action against violators; (3) Refuse, restrict, or disable any contribution at our discretion; (4) Remove or disable excessive or burdensome content; and (5) Manage the website to protect our rights and ensure its proper operation.

13. Links

All links provided on the Website or related web pages for all of DIGITIMES's services may link to websites of other individuals, companies, or organizations. DIGITIMES does not guarantee the truthfulness, completeness, timeliness, or credibility of the products, services, or information provided on the websites of such individuals, companies, or organizations being linked to. Furthermore, such individuals, companies, or organizations do not necessarily have any employment, delegation, agency, partnership, or similar relationship with DIGITIMES.

14. Information Disclosure and Termination

  • You acknowledge that DIGITIMES may need to access, store, and disclose your account information if required by law, to address infringement claims regarding user-generated content, to protect the rights, property, and safety of employees, users, and the public, or to comply with legal processes.
  • DIGITIMES will not share your account information for commercial purposes unless explicit consent is obtained from you.
  • You can request the termination of your account by sending an email requesting termination to subscription@digitimes.com.
  • After the termination or suspension of your account, creating a new account under any name is prohibited. We reserve the right to take legal action, including civil, criminal, and injunctive remedies.
  • Upon account termination, you will lose access to all data within your account, and your subscription will cease immediately.
  • DIGITIMES may, without prior notice, restrict your access or terminate your account if you violate the terms or applicable laws. Should DIGITIMES discover an attempt to create a new account after a previous account has been terminated, appropriate actions will be taken, and potential legal consequences may arise.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove website content, or modify or discontinue the website without prior notice. However, we will make reasonable efforts to notify you of any significant changes or downtime. In no event shall we be liable for any loss, damage, or inconvenience resulting from your inability to access the website during downtime or disabled periods.

16. Legal Jurisdiction

The establishment, enforcement, interpretation, and resolution of disputes under these terms of the Agreement will be governed by the laws of the Republic of China (Taiwan). The Taipei District Court in Taipei City, the Republic of China (Taiwan), will be the court of competent jurisdiction of first instance.

17. Disclaimer

  • DIGITIMES does not warrant or guarantee the continuous availability of content and services on the website, or that the content and services on the website will be error-free, uninterrupted, free of viruses or malicious software, or that any defects will be corrected or that your use of the website and services will result in specific outcomes to meet your needs.
  • DIGITIMES reserves the right to delete, edit, modify, or otherwise manipulate any content and to remove or block any content from the services without notice, for any reason or no reason at all.

18. User Data

We retain the data you transmit to the website for performance management and data related to your website usage. While we perform regular backups, you are responsible for the data you transmit, and activities related to it. We may use this data in accordance with our Privacy Policy. We are not liable for data loss or damage, and you waive any claims or lawsuits against us for such events.

19. Electronic Communication, Transactions, and Signatures

For online subscribers, by accessing our website for online subscriptions, sending emails, or completing online forms, you agree to receive our electronic communications. You acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirements that such communication be in writing. You also agree to the electronic delivery of notices, policies, and records related to transactions initiated or completed through the website. You waive any requirements for original signatures or non-electronic records for delivery or retention or for the granting of credit by any means other than electronic.

20. Contact

Should you have any inquiries or comments regarding this agreement or the website, please contact us at subscription@digitimes.com.

Terms and Conditions for Using Paid Content Service

Last updated: September 5, 2023

Before confirming a subscription to the Paid Content Service provided by DIGITIMES Inc. (hereinafter referred to as "DIGITIMES") through a website operated by DIGITIMES Asia (hereinafter referred to as "the Website"), please read the following terms and conditions carefully. When you become a member and begin using the Paid Content Service, you indicate that you have read, understood, and agreed to the following terms and conditions.

  • DIGITIMES reserves the right to modify the paid content service at any time without notice. Please regularly visit the Website to view the latest information about the terms and conditions of the Paid Content Service. The newly revised terms and conditions will take effect immediately upon announcement on the Website and will replace the previous version. If you continue to use the Paid Content Service after the revision and announcement, you indicate that you have accepted the revised terms and conditions and agreed to be bound by them.

  • When purchasing services from the Website, you must pay in full. By ordering and authorizing payment for a service, you are completing a single transaction. During the service or subscription period, you have the right to access the subscribed content online. This right to online access will terminate when the service period ends.

  • Subscription and Payment

    You agree that DIGITIMES' paid content service is governed by the 'Regulations on Reasonable Matters as Exceptions to Rescind Distance Sales' and is not subject to Taiwan's Consumer Protection Act (Article 19) and The Regulations on Reasonable Matters as Exceptions to Rescind the Distance Sales (Article 2)

    1. There's no unconditional right to cancel or refund within seven days, so evaluate thoroughly before subscribing or purchasing. Cancellation requests aren't eligible for refunds. Specific terms of DIGITIME's paid service are outlined in each plan.

    2. DIGITIMES reserves the right to impose charges for some or all of its services, and we retain the right to adjust these fees (including but not limited to increases). Any fee adjustments will be announced on our website and will take effect from the date of such announcement. Existing paid members will not be affected by these adjustments. New members and those opting for a one-time annual subscription will be billed based on the rates advertised on the website at the time of their subscription. You are obligated to cover all charges generated within your account for each billing cycle, which may include prepaid amounts, taxes, and other associated fees.

  • Subscription Plans and Refund Policy

    1. News Membership Plans: DIGITIMES offers multiple subscription plans to suit various needs, including but not limited to quarterly auto-renewal, annual auto-renewal, and one-time annual subscription options. Comprehensive details and any updates to these plans can be found on our website.

    2. Cancellation of Subscription: To cancel your subscription, you can log in to your account and choose "Cancel" on the My Account Services page, or send an email with the subject "Cancellation of Subscription" to subscription@digitimes.com using your registered email address. Please allow up to 7 business days for your cancellation request to be processed.

    3. DIGITIMES does not offer refunds or accept returns for completed transactions, but you have the right to cancel your subscription. If you cancel your subscription, you still can continue accessing the subscription content for the remaining subscription period.

    4. Canceling Auto-Renewal Plans: To cancel the auto-renewal, please submit the cancellation request at least 7 business days before the next billing date to prevent the next payment deduction. When you cancel the subscription, only charges associated with future subscription fees will be canceled. The cancellation will take effect at the end of the current subscription period.

    5. The subscription to "News" which is a Paid Content Service of DIGITIMES Asia and provided through the Website is automatically renewed. After you as a member have confirmed your purchase of a News membership subscription, the payment for the subscription will be made using the personal credit card information that you have provided. By confirming the purchase, you also agree that you will use the same credit card information for the payments for the automatic renewals of the subscription in the future. You can log in and go to My account to send request to end automatic subscription renewal, cancel the subscription, or change the plan.

    6. If you choose to upgrade or downgrade the existing plan, the change will take effect on the next payment date; and the existing plan will be maintained until the next payment date.

    7. Research Report Membership Subscription: We offer one-time annual subscriptions and single-article purchases, and a no-refund policy is in place.

    8. Enterprise Subscription Plans: Our online auto-renewal service is primarily designed for individual users. If you are a business or organization, please contact us directly to inquire about suitable enterprise subscription plans and prices.

    9. Refunds or Points Issuance: We reserve the right to determine whether to issue refunds or points. If you make a subscription purchase through a third-party payment platform, please refer to any terms and conditions associated with the purchase.

    10. We may periodically offer first-time subscription or referral promotions. These offers are only applicable to first-time subscribers of DIGITIMES ASIA. If you do not meet the eligibility criteria for these offers, we reserve the right to reject your order at the current subscription price.

  • Price Guarantee

    As an auto-renewal subscriber of DIGITIMES ASIA, we guarantee that you will enjoy the original subscription price. If you choose to cancel and re-subscribe, you will need to pay the price applicable to new subscribers at that time.

  • Subscribers from Taiwan

    According to local tax regulations, subscribers from Taiwan are subject to a 5% value-added tax (VAT) for the purchase of digitimes.com subscriptions. When payment is made through credit cards issued in Taiwan or Taiwanese bank accounts, it will be considered a subscription from Taiwan.

  • If you as a member cannot accept the existing plan, the notified or potential future changes to the plan, or these terms and conditions, you may cancel your subscription in accordance with the related provisions outlined herein. The subscription can be canceled by logging in to your member account and canceling the subscription to the Paid Content Service. Once the cancellation is confirmed, your membership status will change to "free member" at the end of the current service period.

  • You as a member agree to use the Paid Content Service only for personal use and will not transfer the right to use it to any third party without express prior written consent from the Website or DIGITIMES. You are not permitted to electronically disseminate the paid content from the Website, or the other affiliated websites operated by DIGITIMES through email, electronic bulletin board, or any other form of communication. If you provide the Paid Content Service to a third party for private use, DIGITIMES has the right to immediately terminate your subscription.

  • DIGITIMES reserves the right to intermittently modify the features and products included in the Paid Content Service, including but not limited to adding new features or products and modifying existing ones. Any newly added features or products will also be subject to these terms and conditions. You as a member acknowledge and agree that the Paid Content Service includes features such as advertising and notifications that are necessary for the provision and maintenance of the service.

  • DIGITIMES ensures every transaction is documented with an invoice, proof of purchase, or receipt, abiding by all relevant laws. Once an order is placed, expect an invoice in your mailbox within 7 business days. For Taiwan-based citizens and organizations, E-uniform invoices will be issued. To get an invoice with tax identification (unified business number), input the needed details during purchase or in 'My Account'. No physical copies are provided. For special invoicing needs, including a (triplicate) uniform invoice or cash register receipt, reach out to subscription@digitimes.com.

  • If you have any questions about the plan, fees, payment mechanism, payment account, or other information related to the Paid Content Service you have purchased, please first confirm your account information, and refer to the Terms of Service Agreement for guidance. If you still have concerns, please contact our customer service email at subscription@digitimes.com, and we will reply to you as soon as possible.

  • Limitation of Liability

    To the maximum extent permitted by applicable law, DIGITIMES (including its directors, employees, agents, partners, or content providers) shall not be liable for any direct damages exceeding 500 USD incurred by you or any third party. Furthermore, DIGITIMES shall not be responsible for any indirect, incidental, special, or consequential damages, including but not limited to the cost of procurement of substitute products or services, loss of profits or revenue, or loss of data or use. Therefore, DIGITIMES' liability for damages is limited, and it does not encompass direct damages exceeding 550 USD.