I.Terms and Conditions for Use of the Members’ Services
All users applying for use of the Members’ Services of the Kingston Blog must read through the following terms and conditions carefully. The purpose of these Terms and Conditions is to protect the provider of such Members’ Services of the Kingston Blog and the rights of all users, and it shall constitute the agreement between the users and the provider of Members’ Services of the Kingston Blog. When a user completes the registration or starts using the Members’ Services provided by the Kingston Blog, it is deemed that such user has fully understood and accepted all covenants set forth in these Terms and Conditions. Anyone under eighteen years old, other than in conformity with the aforesaid, is required to have their parents (or guardian) read, understand and agree upon all contents of these Terms and Conditions before using the Kingston Blog. When you start or continue using the Kingston Blog, it is deemed that you and your parents (or guardian) have read, understood and agreed upon all contents of these Terms and Conditions and all amendments and revisions thereof.

 

II.Members’ Services
Because some of the personal services of the Kingston Blog will be publicly displayed, when you starting utilizing services provided by the Website, it is deemed that you are willing to publicize such personal information and agree to use such personal services within the extend of the Members’ Services of the Website (including but not limited to personal profile and forums, blog, message boards and all other future derivative and additional personal services). However, it is prohibited to proclaim the full name of another person in such personal services.

Users who engage in any editing or drafting under the Members’ Services of the Kingston Blog shall be liable for the correctness and legality of the materials so edited or drafted, and that such materials do not violate any relevant laws and regulations of Taiwan, including the Copyright Act. and the Trademark Act. Titles and rights of any and all words, trademarks, services marks, logos or information of the kind used or cited by you in the Members’ Services of the Kingston Blog shall remain to be held by the original right holders. The Website does not have any connection with the owners of the aforesaid rights and does not have authorization to license the users any of such rights. Any user shall acknowledge and accept that the materials drafted or edited by such user might be revised or used by any other user.

 

III.Member Account, Password and Security

1.	When starting to use Members’ Services of the Kingston Blog, the user must complete the registration procedures. Upon registration, the user is obliged to fill-in complete and correct information.
2.	During the registration, you may choose your own user name and password; however, you shall be liable for safekeeping and the secrecy of your user name and password. When using the Members’ Services of the Kingston Blog, you shall be liable for all activities conducted under such user names and passwords.
3.	After completion of registration, if your personal information has been changed, you must promptly update the same.
4.	If you find or suspect that your user name and password have been stolen or used inappropriately by any other person, you must notify Kingston Blog Administrator immediately.

 

IV.Privacy of Members

1.	The Website shall protect the privacy of each user, including the account name, personal profile, email address or all information stored on the Website. Unless such has otherwise violated any laws and regulations, infringed any rights or violated any clause of these Terms and Conditions, or otherwise agreed upon by the user, the Website will not in any way monitor, increase, delete, revise or close the webpage of each user, or provide the personal information and contents of emails of any user to any third party, including cooperative companies sponsoring the Website.
2.	There might be certain specific services of the Website that are jointly managed with other cooperative companies (e.g. providing services and for purpose of complimentary gifts). If you are not willing to disclose your personal information to such other cooperative companies, you may choose not to use such specific services. To complete such specific services, it is possible that the Website will disclose your personal information to the cooperative companies; however, the Website will notify you of such disclosure upon collection of such information or before the disclosure. If you do not wish to have your information included in the list of any cooperative company (third party), please notify Kingston Blog Administrator; however, this also means that you agree to waive the benefit provided by the cooperative companies or the right to be granted the complementary gifts.
3.	3. Under the following situations, the Website might check through or provide your information to the competent authorities or any third parties who claim that his or her right has been infringed and provides sufficient evidences:
	(1) To comply with relevant laws and regulations or under the order of the judicial authorities or other competent authorities; (2) To enforce these Terms and Conditions or when the user violates the Terms and Conditions; (3) To protect the security of the Members’ Services system of the Kingston Blog or the legitimate rights of the managment; (4) To protect the legitimate rights of other users or third parties; or (5) To maintenance the normal operation of the Members’ Services system of the Kingston Blog.

 

V.Upload, Download and Transmission of Information
The Kingston Blog and the Kingston Blog Administrator designated by the Kingston Blog have the right (but are not obliged to), in accordance relevant laws and regulations or in its sole discretion, to deny and delete any input that violates any laws and regulations or these Terms and Conditions, maliciously attacks the Kingston Technology Company or otherwise offends the Website.

If any content uploaded, posted or in any other way transmitted through the Members’ Services has been accused by a third party as infringing rights of such third party, the Website and the Kingston Blog Administrator designated by the Website have the right to delete such content. However, the Website will notify you of the same through services of the Website and emails.

The Website has the right to terminate the transmission of the aforesaid contents and conduct relevant acts in accordance with relevant laws and regulations, including but not limited to suspend the user’s right to use the services, in whole or in part, provided by the Website, retain relevant records, and report to the competent authorities and assist the investigation of such competent authorities.

You acknowledge that the Website does not conduct any prior examination of the contents of information uploaded by any user and is technically unable to thoroughly control all activities of users; thus, the Website does not guarantee that all information uploaded by you will be displayed normally, nor does it guarantee the correctness of the transmitted message or information. If you have found any error or negligence, please notify Kingston Blog Administrator immediately.

Upon reliance of the correctness, completeness or practicability of the aforesaid contents, you agree that you shall determine to rely upon the same in your own discretion and bear all relevant risks without reliance on the Website. You further acknowledge that when using the services, it is foreseeable that you might encounter some offensive, inappropriate or detestable contents.

The content provider shall bear all liabilities for all information, materials, wording, software, music, audio, photos, figures, videos, etc. which are uploaded, posted or transmitted, publicly or privately, by emails or other methods through the services provided by the Website. The Website hopes that all users would respect the intellectual property rights of others to avoid unnecessary disputes.

In all circumstances, the Website shall not be held liable for any and all contents uploaded by any user, including but not limited to any error or omission of any content, nor shall it be held liable for any consequential loss or damage caused by any contents posted or transmitted by email or other methods through the services provided by the Website.

 

VI.Protection of Intellectual Property Rights
When using software or programs provided on Kingston Blog and any contents thereon, including but not limited to writings, photos, files, information, materials, website structure, webpage arrangement and webpage designs, please bear in mind that all of the aforesaid are the intellectual property rights legally held by the Kingston Blog or other right holders. (The aforesaid intellectual property rights include but are not limited to trademarks, patents, copyrights, trade secrets and proprietary know-how.) The users shall not use, revise, reproduce, publicly broadcast, modify, disseminate, publish, publicly announce, reverse engineer and decode the same without the consent of the right holders. If you intend to cite or republish the aforesaid software, programs or website contents, you must obtain the prior written consent of the Website or other right holders in accordance with relevant laws and regulations. It is your obligation to observe the intellectual property rights. You will be liable to indemnify the Kingston Blog for any violation (including but not limited to court fees and attorney fees).

 

VII.Downloading Software or Information
The Kingston Blog does not bear any liability for any software or information downloaded by use of the Members’ Services or from other websites linked through the Members' Services. You must consider and determine, at your own discretion, the suitability, legality, safety, effectiveness, correctness and completeness of the aforesaid software or information, and whether such software or information infringes rights of others, to avoid any damage (e.g. damages to the system of your computer, loss of stored information or infringement of rights of others). The Website will not be held liable for any of such damages.

 

VIII.General Measures of Use and Deposition
Regarding use of the Members’ Services, the Kingston Blog has the right to stipulate general measures and restrictions thereof, including but not limited to the maximum number of messages left in personal message board or blog and maintained by the Services, the longest period for maintaining the contents posted or otherwise uploaded, the maximum space designated to one user by the server of the Website, and the maximum number of times a user uses the Services within a certain period (and the maximum usage time for each usage). If any information, communication materials and other contents saved in or transmitted through the Members’ Services have been deleted or have failed to be saved, you agree that the Website does not need to bear any liability therefor. For the management and maintenance of the Website, the Website has the right not to maintain the aforesaid and does not have the liability to notify the user.

 

IX.Advertisements and Links
All illustration, products and other sales information set forth in the contents, wordings and photos of an advertisement and other relevant websites or links that you may find on the Kingston Blog are designed and provided by sponsoring companies or products and services providers. You shall consider and determine, in your own discretion, the correctness and credibility of such advertisements. The sponsoring companies shall bear full liability for the information or privacy policy set forth in the advertisements of the Website, and the Website shall not be held liable therefor. The Website does not bear any warranty liability for the contents of the aforesaid advertisements, nor does it bear any liability and responsibility to verify the same.

 

X.Virtual Currency and Gift Redemption of Kingston Blog

1.	The Kingston Blog contains functions of K-Bi (the virtual currency of Kinston Blog) and gift redemption. Each registered member may earn K-Bi by participating in some (but not limited to) activities. When the K-Bi has been accumulated to a certain amount, the member will have stand a chance to redeem gifts. The K-Bi reward to be granted after the evaluation of Kingston Blog Administrator is the final result of strict and careful evaluation; thus, members shall not dispute over such rewards. As the number of K-Bi reward is the final result from the strict evaluation of Kingston Blog Adminstrator, bonus will be rewarded within three working days after posting. In other words, the balance of K-Bi will only be updated three working days after posting.
2.	Except the basic rewards, in order to win bonuses from the Kingston Blog, such as ground-breaking bonus and great post bonus, these contents have to be specifically written related to Kignston’s products. Commentaries about other products or brands will not obtain any K-Bi bonuses.
3.	If any Member earns K-Bi or alters K-Bi by utilizing software bugs or other inappropriate measures, the Kingston Blog has the right to cancel all K-Bi accumulated by such Members, cancel or announce the annulment of such events, or handle the same in any other methods.
4.	Members redeeming gifts or being granted any rewards shall bear all liabilities as stipulated in relevant governmental laws regulations, e.g. taxes.
5.	If a Member who redeems gifts or is granted any rewards is a minor, the approval of his or her legal representative is required before processing any further acts.
6.	Members redeeming gifts or being granted any rewards shall provide correct information of the recipients. If a Member cannot be reached because the contact information thereof is erroneous, the Member shall be deemed waive this redemption or reward.
7.	The gifts will be sent out within ten working days after redemption, and the Members redeeming the gifts will be notified by phone or Email.
8.	K-Bi is a virtual currency, and it may only be used to redeem gifts provided by the Kingston Blog and will not be able to redeem for real currencies.
9.	Gift delivery is limited to Asia-Pacific Region (including Australia and New Zealand), other regions cannot be delivered.
10.	10. If a Member participates in any event held by the Kingston Blog, the list of the Members being granted rewards will be publicly announced on the website. If the Website fails to notify a Member in person within one week, such Member is deemed to waive his or her own right for receiving such reward.
11.	To protect the safety of children and teenagers in using internet and to avoid infringement of privacy, the parents (or guardians) thereof shall bear the following liability: when a child under twelve years old uses the Kingston Blog to redeem gifts, the parents (or guardians) thereof shall accompany the child when doing so and give consent therefor. Before a teenager who is over twelve years old but under eighteen years old may connect to the internet to do so, the parents (or guardians) thereof shall consider whether to consent the same.

 

XI.Acts of the Users

1.	The Members’ Services of the Kingston Blog shall be provided for use of individuals or non-profit-seeking entities. Any and all unauthorized commercial activities are strictly prohibited.
2.	2. You shall observe all relevant laws and regulations, and be liable for all activities conducted and all information saved by your account name and password. You agree not to conduct any of the follows:
	(1) Transmit, send or save any malicious messages, defamation, misrepresentation, insult, indecency, obscenity, gambling or other messages or information in violation of laws and regulations; (2) Transmit, send or save any messages or information infringing the intellectual property rights or other rights and interests of others; (3) Collect the email accounts or other personal information of others without the consent of such other persons; (4) Transmit, send or save any virus or any other software that might damage or interfere with the computer system or information of the Website. If such has been proved true, the Website has the right to adapt any appropriate legal actions; (5) Damage or Interfere with the operation of the Kingston Blog’s system or conduct any acts in violation of general networking manners; (6) Without proper authorization, access the Website or other websites associated with the Website, or assume the accounts of others; (7) Deliver chain mails, junk mails, advertisements or other purposeless messages or information; (8) Steal user names and passwords of Members using Members’ Services of the Kingston Blog and the access rights thereof through improper measures; and (9) Other activities unconformable with the purpose of use of the Members’ Services provided by the Kingston Blog.
3.	All comments and posts published on the Kingston Blog represent your own personal position, and the Website shall not be held liable therefor, nor shall it bear any liability and responsibility to verify the same.
4.	All copyrights, trademarks, patents, other intellectual property rights and other rights protected by relevant laws and regulations of all writings and information on the Kingston Blog shall be held by the Kingston Blog or other legal right owners. Unless otherwise obtaining the prior consent of the Kingston Blog or such other legal right owners, you shall not reproduce or revise the same or conduct any activities in violation of relevant laws and regulations.
5.	5. If you publish any writing or publication in any form on the Kingston Blog, you have agreed that the Website may carry, save or in other ways use the same for an undetermined term (including but not limited to wire transfer protocol or wireless transfer protocol, such as versions suitable for online reading, and other formation for downloading to software and hardware of all natures, including e-papers, PDA and cellular phones, and versions for similar facilities developed in the future, for browse or subscription of specific or unspecific users). You have further agreed that the Website may further authorize other third parties to use such writings or publications in identical or similar manners. If Kingston Blog intends to publish a book collecting all of your writings or publications of other formations, the Website shall negotiate the same with you first and publish the same after receipt of your prior consent.
6.	If you publish any malicious messages, defamation or misrepresentation as to Kingston Technology Company, Kingston Blog and any user of the Kingston Blog, Kingston Blog Administrator may actively delete such untrue defamatory messages and issue a warning letter to your private email box notifying you that such has violated the Terms and Conditions for Use of the Website. Kingston Blog Administrator will cancel your rights to use the Members’ Services of the Kingston Blog after the third warning, and you shall not dispute the same by alleging that you have not checked your personal email box. If you have been found to commit such violation for several times consecutively, the Website has the right to proceed with appropriate legal actions.

 

XII.Limitation of Liabilities

1.	Regarding the services provided by the Kingston Blog, the Website will not be held liable for any warranty or guarantee as to the specific requirements or needs of users, including but not limited to speed, safety, reliability and uninterrupted and error-less.
2.	The Kingston Blog does not guarantee the reliability and flawlessness of the transmission of message or information, nor does it guarantee the security of files or information saved or transmitted. Users shall bear all liability for the loss of messages or information during transmission or save or damages to the computer systems, and the Website shall not be held liable for the same.
3.	The Website does not guarantee the authenticity, completeness, timeliness or reliability of the hyperlinks shown on the Kingston Blog or associated websites, nor does it establish any employment, mandate, agency, partnership or other similar relationships with such hyperlinked websites or the individuals, companies, groups or organizations providing such websites.
4.	The Website will not be held liable for any and all direct or indirect damages incurred by using the Members’ Services provided by the Kingston Blog, even if the possibility of the occurrence of such damages has been explicitly warned by the Website.
5.	The Website shall not be held liable for any and all direct or indirect damages incurred by the interference or barrier of the Members’ Services of the Kingston Blog. If the Services are interfered due to regular system maintenance, re-equipment or changes, the Website will publicly announce the same prior to such interference.

 

XIII.Termination of Services

1.	Due to the operation of the Company, the Kingston Blog may change or cease the provision of the Services, in whole or in part. Users shall not request for the indemnification or reimbursement therefor.
2.	If you have violated these Terms and Conditions, the Kingston Blog reserves the right to suspend or terminate the provision of the Services.
3.	If the information transmitted to or saved from the Members’ Services of the Kingston Blog has violated relevant laws and regulations or these Terms and Conditions or might infringe right of others, the Website reserves the right to remove or delete the same at any time without prior warning. If the Kingston Blog incurs any damages for such, the user shall reimburse the damages of the Website.
4.	If you are not satisfied with the Members’ Services of the Kingston Blog or intend to terminate the Services, please notify the Website Administrator of the same.
5.	If any of the follows occurs, the Kingston Blog has the right to suspend or terminate the provision of the Services:
	(1) The electric communication facilities of the Kingston Blog are undergoing certain necessary maintenance and constructions; (2) Any sudden breakdown of the electric communication facilities has occurred; (3) The Website fails to provide the Services because the electric communication services applied for by the Kingston Blog has been terminated; (4) The Kingston Blog has been prevented from providing the Services due to force majeure, such as Acts of Gods; and (5) For internal operation of the Company.

 

XIV.Right to Amend the Terms and Conditions
The Website retains the right to revise, modify and amend the Terms and Conditions for Use of Members’ Services of the Kingston Blog at any time. The revised, modified or amended Terms and Conditions for Use of Members’ Services of the Kingston Blog will be publicly announced on the Members’ Services webpage of the Kingston Blog, and the Members will not be notified of the same separately.

 

XV.Jurisdiction and Governing Law
Any disputes between you and the Kingston Blog regarding the Members’ Services, these Terms and Conditions or any other matters which fail to be settled through negotiation shall be handled in accordance with the laws of Taiwan, and the Parties hereby agree that all such disputes shall be filed with Taiwan Hsinchu District Court as the court of first instance.