Terms and Conditions
1. APPLICABLE LAW
2. SITE PUBLISHER
The Site is published by the Taiwan company Pro-Performer Co., Ltd whose head office is located in Taiwan, at Daan District, Taichung, hereinafter “Performer”.
At any time, Performer reserves the right to modify or to update the pages of the Site, or these conditions of use of the Site. These modifications will be effective as soon as they are placed online on the Site. Users are therefore invited to consult the version constantly online on the Site. The presence of the User on the Site implies his full acceptance of the version in force on the Site at the moment of his visit.
4. PROPERTY AND INTELLECTUAL PROPERTY
The content of this Site, particularly photographs, the architecture, texts, illustrations, drawings, models, brands, software, databases, etc (this list being non-exhaustive), hereinafter the “Content”, are the property of Performer, of its technical service providers, of its suppliers or of its licensors.
All rights of use and reproduction of this Content are reserved, and are subject to authorisation from Performer or from their respective title holders. In compliance with the Taiwan intellectual property code and governing international treaties, any representation, reproduction or use of this Content, in full or in part and by any means, which is not expressly authorised, is unlawful and is subject to civil, commercial or criminal proceedings by the title holders of this Content.
In particular, the Performer brand and logo and the other brands and logos used on the Site are registered trademarks, and any use or reproduction of these brands and logos constitutes a counterfeit.
In particular, the images that are placed online on the Site remain the property of the copyright owners. Except under express prior written authorization from Performer or from their respective title holders, the exploitation of these images is prohibited. In no case may the images be subject to modification, distortion, mutilation or additions. Any authorized use or reproduction of selected images must in any event include the photo credit next to each image: “[photographer name/ Performer Cycles]”.
EMC rejects in advance liability for any damage arising from the unauthorized, improper or illegal use of Content property of independent title holders.
5. RESPONSIBILITIES – DISCLAIMER
THE CONTENT OF THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
It is Your responsibility to connect to the Site in conditions respecting the law that applies to the Site and mentioned in clause 1 above, as well as the law governing Your country of residence. Performer, its affiliated companies, its management and its employees may not be held responsible for any damage whatsoever resulting from a simple connection to this Site, except in the event of proven fault resulting from the direct liability of Performer and evidenced by a final court decision rendered under the law applicable to the Site and mentioned in clause 1 above.
The Site provides You with information about Performer, its activities, products and services. This information is given for information only. Performer in no way guarantees the relevance, updating or exhaustiveness of the information transmitted, and may not incur any responsibility as a result of this information or Content, nor as a result of decisions made on the basis or under the influence of such information or Content. Consequently, they may not entail liability on the part of Performer, except in the event of proven fault resulting from the direct liability of Performer and evidenced by a final court decision rendered under the law applicable to the Site and mentioned in clause 1 above.
Performer does not guarantee that the Site, its Content, the servers that give access to it, and/or third-party sites that can be accessed using hyperlinks from the Site are error-free, free of viruses or other components liable to cause material or personal damage. Performer rejects all express or implied warranties, particularly any warranty of value, quality, merchantability, correspondence or fitness of the Site or its downloaded Content for a particular purpose. Performer does not guarantee that the use or the result of the use of the available elements through the Site will be correct, precise, appropriate, reliable or of any quality. In no event may Performer be held responsible for loss of data or damage related to these data. Any information or advice provided by Performer may not be interpreted as being any kind of warranty or commitment on the part of Performer.
6. ACCES TO THE SITE
Only Users authorised by Performer who have received a password and username for the purpose of accessing the Site may do so. Password and username are strictly personal and their use is reserved for their holder.
7. PERSONAL DATA PROTECTION – PRIVACY
Performer protects the personal data of the Users of the Site with regard to the protection of private life and personal data.
When You use the Site, personal data may be collected from You by Performer.
The main purposes of collection of these data are to allow Performer to give Users access to the Site, to identify Users and to date downloads, draw up usage statistics for the Site and Performer services, to improve navigation and service on the Site, to complete purchases, to notify You of the status of Your purchase/request, and to ensure the computer security and integrity of the Site. Performer or its affiliated companies is the recipient of the personal data collected about the Users as well as, where appropriate, service providers to Performer operating on our behalf in the implementation of the Site and of the services used by the Users.
Performer undertakes to respect the confidentiality and security of the personal data that it holds, and to not allow them to be accessible to third parties, except the cases for which provision is made in these conditions of use and in case of a governmental, judicial or administrative order for disclosure.
Although we strive to protect Your personal data to the best of our ability, no data transmission over the internet can be guaranteed to be 100% secure. The data You transmit to Us through the internet happens therefore at Your own risk.
Each User of the Site has the right to access, correct, complete or delete data concerning him, as well as a right of refusal to processing his data by Performer for commercial purposes.
To exercise their rights at any time or for any additional information relating to Performer or the Site, Users can send an e-mail to Performer (firstname.lastname@example.org) , including their e-mail address and their full identity (full name, username), in order to give proof of their identity to Performer.
“Forum” means a chat area, bulletin board, blog or e-mail function offered as part of this Site. Harassment in any form on this Site and the use of obscene or abusive language, is strictly forbidden. The Forums shall be used only in a noncommercial manner. It is strictly forbidden to upload through this Site material that is infringing, false, illegal, misleading, abusive, threatening or in any other way gives rise to a criminal offense, violation of the rights of any party, or liability or violation of any law. By uploading materials to any Forum or submitting any materials to Us, You automatically grant Us a royalty-free, irrevocable, nonexclusive right to use the material in any way.
We cannot review all communications and materials posted on this Site. We are not in any manner responsible for the Content of these communications and materials. We reserve the right, however, to block or remove communications or materials that are forbidden as determined in the first paragraph of this clause.
10. COMPETENT COURT
Any dispute relating to the execution or interpretation of these general conditions of use shall, failing amicable arrangement, be submitted to the Taiwan competent courts.