IJIBAN.COM

IJIBAN Web Site Agreement (Terms of Use) The ijiban.com Web Site (the "Site") is an online information service provided by IJIBAN ("ijiban.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. ijiban.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 1. Copyright, Licenses and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are ijiban.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ijiban.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to ijiban.com by all means and in any media now known or hereafter developed. You also grant to ijiban.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ijiban.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ijiban.com. TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of ijiban.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners. 2. Use of the Site You understand that, except for information, products or services clearly identified as being supplied by ijiban.com, ijiban.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for ijiban.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with ijiban.com a. You also understand that ijiban.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ijiban.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ijiban.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ijiban.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ijiban.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL ijiban.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ijiban.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ijiban.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ijiban.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ijiban.com web site, please understand that it is independent from ijiban.com, and that ijiban.com has no control over the content on that web site. In addition, a link to a ijiban.com web site does not mean that ijiban.com endorses or accepts any responsibility for the content, or the use, of such web site. 3. Indemnification You agree to indemnify, defend and hold harmless ijiban.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service. 4. Third Party Rights The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of ijiban.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 5.Term; Termination This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement. 6.Miscellaneous This Agreement shall all be governed and construed in accordance with the laws of TAIWAN applicable to agreements made and to be performed in TAIWAN. You agree that any legal action or proceeding between ijiban.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in TAIWAN . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ijiban.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ijiban.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

COPYRIGHT NOTICE. 1999-2008 PriorityDigital.com Prepared for: ijiban.com ,All rights reserved. Get your own free disclaimer on-line here.

Latest Edition
Updated August 30, 2008

By signing up the Affiliate Program you consent to the following terms :

The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to IJIBAN.COM. Parties involved herein are independent, this agreement shall not form any partnership between the parties.

AFFILIATE PAYMENT

You will receive Commission for referring clients to The Affiliate Program of IJIBAN.COM if such clients buy OUR Products or Services (hereinafter referred to as Products or The Products ) through your affiliate link(s), and successfully completed the transaction with good standing. Transaction without good standing including but not limited to, refund or chargeback or fraud of any sort.

Commissions could be either flat or percentage, set forth collectively or individually by the Products listed in the Affiliate Program section of our site. There shall be NO COMMISSION for purchases other than the above. You'll easily find Products information and commission details by logging into your affiliate account. Products other than the above listed Products are not included in the Affiliate Program.Please note that promoting products other than the said Affiliate Program Products will not get commission of any sort.

PAYMENT MAY BE MADE VIA PAYPAL

Minimum pay out is USD 100 (ONE HUNDRED US DOLLARS). If for any month your commission balance reached minimum payout, it will be paid on the last day of the next month. Otherwise the balance shall be carried over to the next month until qualified for payout.

IJIBAN.COM reserves full right to change payment policy or methods at any time, for any reason.

IJIBAN.COM may reverse any commission paid to you, and subtract said commission from future payments to you, if IJIBAN.COM receives refund, chargeback, or any fraudulent activities on any transaction from client(s) you referred to IJIBAN.COM.

REGISTRATION

It is required by our policy that in order to access IJIBAN.COM, or to participate in the Affiliate Program, or to use the Services as an Affiliate or customer, you must be at least 18 years of age. By using IJIBAN.COM in anyway or signing up to be an Affiliate, you represent that you are at least 18 years of age, You warrant that the information you provide to us upon registration is complete, valid and honest, including your Social Security number or EIN ( if applicable).

Your account may not be assigned or transferred or sold to another party. You may not claim copyrights, or any property rights, over the creatives or input, output data or materials in connection with your account.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMERS | LIMITATION OF LIABILITY

The IJIBAN.COM service provided is provided on an as is , as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.

IJIBAN.COM expressly disclaims any representation or warranty that the IJIBAN.COM service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by IJIBAN.COM, its employees, licensers, licensees, agents will create a warranty; nor may you rely on any such information or advice.

Under no circumstances, including negligence, will IJIBAN.COM, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the IJIBAN.COM service, including but not limited to reliance on any information obtained on the IJIBAN.COM service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to IJIBAN.COM records, programs or services. You hereby acknowledge that this provision will apply whether or not IJIBAN.COM is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from IJIBAN.COM and its associates.

Under no circumstances shall damages include your loss of business, or loss of profits whether based on breach of agreement, breach of warranty, tort, product liability or otherwise.

The terms of this section shall survive the termination of this agreement for whatever reason.

COPYRIGHTS, TRADENAMES & OTHER INTELLECTUAL PROPERTIES

All trade names and contents of IJIBAN.COM Web Site are proprietary to IJIBAN.COM and/or its respective owners, and are protected under domestic and international Intellectual Properties Laws . All rights are reserved. IJIBAN.COM reserves any rights not expressly granted herein.

BREACH

Without limiting other remedies, IJIBAN.COM may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

ASSIGNMENT

In the event of a merger or consolidation of IJIBAN.COM, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ORDER TRACKING AND DETERMINATION OF COMMISSION

IJIBAN.com retains the rights to order tracking and the determination of commission at our sole discretion. All decisions are final.
Prices and availability of our products and services may vary from time to time. We reserve the right to reject any order that does not comply with our rules, operating procedures or policies.

RESTRICTIONS OF PARTICIPATION TO THE AFFILIATE PROGRAM

IJIBAN.COM reserves the right not to accept any site into the IJIBAN.COM based on site content. Sites that Do Not Qualify for the IJIBAN.COM Affiliate Program include sites that are:

NO SPAM POLICY

1. IJIBAN.COM operates a zero tolerance spam policy, and all Affiliates are expected to adhere to this policy as well.

2. You may not use misleading advertising in relationship to IJIBAN.COM.

3. Cookies Stuffing NOT ALLOWED !! Participating sites must not contain or implement scripts that potentially generate commissions by cookies stuffing or any other unethical ways.

Violation of the No Spam Policy will result in termination of this Agreement and immediate removal from the IJIBAN.COM Affiliate Program. And all of your balance in your account will be forfeited immediately. Further, IJIBAN.COM reserves the right to recover from such Affiliate the costs incurred by IJIBAN.COM in cleaning up the results of the spam , including, but not limited to, the costs of lawyer s service any other legal expenses.

REPRESENTATION

You agree to represent IJIBAN.COM properly in a tasteful way and declare that your web site is acceptable in presentation. If we review your site and find it to be, in our opinion, unsuitable, you will be given the opportunity to rectify the issues, or your account might be terminated from our affiliation.

FORCE MAJEURE

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of IJIBAN.COM, IJIBAN.COM is unable to perform in whole or in part its obligations as set forth in this Agreement, then IJIBAN.COM shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make IJIBAN.COM liable to the User.

GOVERNING LAW

This Agreement shall be governed by the Laws of Taiwan ( also known as The Republic of China ). This Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the District Court of Taipei, Taiwan.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by non-binding arbitration before the Arbitration Association of The Republic of China (Taiwan). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Taiwan, as the parties to this agreement agree to be governed by the laws of Taiwan. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Taiwan necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney s fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in The District Court of Taipei, in Taiwan. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

WAIVER

The failure of IJIBAN.COM to enforce a provision of this Agreement shall not be construed as a waiver of limitation of IJIBAN.COM s right to strictly enforce and compel strict compliance with every provision of this Agreement.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto, including previous agreements between the parties through other avenues.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless IJIBAN.COM against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys fees) arising from your violation of this Agreement or any third-party s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with IJIBAN.COM.

SURVIVAL

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely ownership, confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

MODIFICATIONS

IJIBAN.COM reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the IJIBAN.COM Web Site. You are responsible for regularly reviewing the Web Site for any changes or modifications. Your continued use of the Services after any such changes shall constitute your consent to such changes. IJIBAN.COM does not and will not assume any obligation to notify you of any changes to the terms of the Agreement. Furthermore, IJIBAN.COM may add to, change, suspend or discontinue any and all aspects of the Service at any time, with no prior notice necessary and without owing anything further to the Affiliate.

If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. By continuing to participate in the Affiliate Program in any form following the posting of a Change Notice or New Agreement, you consent to the Change or the New Agreement.