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Chinese汉语译成English英语: 孤獨但巨大的形象 － 左翼、台灣民族主義旗手、革命家、流亡者史明 李敏勇 The Grand and Lone Image Su Beng Makes As a Revolutionist, Exiler and an Icon of Taiwanese Nationalism & Left-wing Politics General field: 社会科学 Detailed field: 历史
翻译文本 - English英语 The Grand and Lone Image Su Beng Makes
As a Revolutionist, Exiler and an Icon of Taiwanese Nationalism & Left-wing Politics
Past 90 years of age, the topography of Su Beng’s (史明) life seems stupendous and solitary in retrospect.
In the mid-1990s, I wrote my impression of a lesser-known side of Su Beng in “Education the Revolutionists” (革命的教養) , which was based on my encounter with him on the platform of Taipei Railway Station.
By that point in time, my term of office as the President of Taiwan Pen (台灣筆會) had just expired (1993-94) and Lee Kuei Shien, a poet and translation professional, took over my place, so I brought up the topic of Lee’s devotion to the translation of German poet Rainer Maria Rilke’s works, in the hope of giving Su a background of Lee. The topic then led us into a conversation on Rilke, as well as publication & reading of literary books
.
I ended the essay by picturing Su as “a grey-hair man in jean outfits whose face glows with as much interest in Rilke as perspectives on the statehood, nationalism and society of Taiwan.”
At that time, Su had just come back to Taiwan, the homeland that had haunted his mind for decades, after long exile overseas. He then traveled around the island to deliver speeches on his ideals as the leader of Taiwan Independence Association (獨立臺灣會).
Around 20 years into this political endeavor, Su still tenaciously acts out his vision of revolution today.
Unlike ordinary political activists who push through reforms and democracy by winning elections, and only to find themselves rolling with the game. It is Su Beng’s personality traits, lifelong resilience and unshaken commitment to Taiwan’s independence that set him apart from his counterparts as a maverick.
In 1942, during the Second Sino-Japanese War (1937-1945), Su Beng left for mainland China. This marks a new journey in his life for he went there as a young left-wing revolutionist of social consciousness. However, he soon became disillusioned with Communist Party of China (CPC), just as he had become with Nationalist Party of China (KMT). Consequently, he returned to Taiwan, but under the political oppression, was then forced into exile to Japan. There, torn between the business of his restaurant "New Gourmet" (新珍味) and the writing task, Su Beng still persevered with Taiwan’s 400 Year History (臺灣人四百年史) and finished the book. This not only forges his historical perspectives, but build a firm basis for Taiwanese national consciousness.
In addition, unlike many leftists who blindly embrace CPC, Su Beng rises from a follower to a spearhead of Taiwanese nationalism. The left-wing is often characterized as didactic evangelism, and paradoxically, many pro-CPC leftists in Taiwan become part of Chinese nationalism or even the cheerleaders for Chinese imperialism. By contrast, Su stands out with integrity like a precious role model.
Taiwan definitely needs left-wing force, but it stands true only in Taiwan’s statehood. Furthermore, judging by leftist historical and social consciousness, uncontrolled expansion and centralization of communist China are not in line with the ethics of power and social responsibilities, both of which are necessary for political development.
To conceal its intrinsic imperialism, communist China has acquired the veneer of “socialism with Chinese characteristics.” In spite of this inconvenient truth, Taiwan still sees some self-claimed, left-wing intellectuals subordinate themselves to the aggressive imperialism, and worship Chinese nationalism deep down in their hearts. It is scarcely realized that the true spirit of socialism dies out in the subjugation to nationalism.
At the revolutionist vanguard of Taiwanese nationalism, Su Beng crafts Taiwan’s national subjectivity via the breeding of historical consciousness. Except for helping socialism and nationalism proceed in parallel, his approach also allows socialism to correct the biased & blind spots, which crept in through KMT’s Chinese nationalism in its colonization of Taiwan after World War II.
It is KMT’s colonial rule after WWII that pushed Su, the leftist icon for Taiwanese nationalism, onto the road of revolution and exile. Under the long imposition of martial law, he, as a political reformer, was driven into a long exile overseas.
Su Beng ran a restaurant (新珍味; Sin-tin-bī; "New Gourmet") in Japan and used it as a base to continue his underground Taiwan independence movement. He chose Japan for its geological, cultural and political affinity with Taiwan. And, he also reached out to Europe, and of course the U.S., another ally that boasted the most Taiwanese students.
In the summer of 1987, Su and I first met in the annual Summer camp for Taiwanese at University of Massachusetts, an event he had almost never missed even as a habitual traveler. After 38 years of the Martial Law era in Taiwan, that summer also marked the lifting of the law. Then, he returned to Taiwan in the early 1990s, when he was still on the government’s blacklist.
The end of near four decades of Martial Law promised a confined freedom as Taiwan’s political reformers were, for the first time, allowed in the electoral system. However, witnessing the hunger for the power games in the political system, Su must have felt lonely and out of place. After all, the right-leaning capitalist Taiwan also brought anguish and regret to his liberalist friend,
Peng Ming-min (彭明敏), and left their political reforms unfulfilled after “the Republic of China’s” presidential election of 1996.
Put things in perspective, from Taiwan’s failure to legitimize the legacy of 12 years of Lee Teng Hui (李登輝) and 8 years of Chen Shui Bian’s (陳水扁) presidencies, it is easy to see why the revolution of Taiwanization is still unsuccessful.
Su Beng is slightly older than the other two Taiwanese elites of his generation, Lee Teng Hui and Peng Ming-min. Although they all grew up under Japanese rule and were nurtured and educated with works of contemporary art and literature, including Rainer Maria Rilke’s poems, each of them has his own personal culture independent of Chinese hegemony. Actually, many of their contemporaries and predecessors also have their personal cultures shaped by the zeitgeist. Unfortunately, some of these left/right- wing activists “disappeared” in The February 28 Incident while the others became the victims of the White Terror around 1950s.
Hence, from a Taiwanese left-wing nationalist vanguard to a revolutionist and exiler, Su Beng has been a part of Taiwan’s glorious history, even though he is a lonely giant in it.
English英语译成Chinese汉语: QALANG CORPORATION (“QALANG”) TERMS OF USE QALANG有限公司使用條款 General field: 法律/专利 Detailed field: 游戏/视频游戏/博彩/赌场
原文文本 - English英语 QALANG CORPORATION (“QALANG”) TERMS OF USE
These terms of use and our Privacy Policy found here (insert url like www.qalang.com/privacy) which is incorporated herein by reference (collectively, “Terms of Use”) govern the relationship between you and Qalang Corporation, a Delaware corporation (collectively, “Qalang” or “we” or “us”) relating in any way to your use of our mobile game known as “Halus” (“Halus”), including its chat and communications features, our blog, and all other content and related services (including online services) that Qalang makes available through Halus or on Qalang’s websites, including but not limited to www.qalang.com (collectively, the “Game” or “Service”).
SECTION 14 OF THESE TERMS OF USE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. Your Acceptance of these Terms of Use.
These Terms of Use form a legal agreement between you and Qalang. When you use the Game, you agree to be bound by all of the terms, conditions and restrictions in these Terms of Use. Please read them carefully.
You acknowledge that you have downloaded the Game for free, and while there is additional content available for purchase within the Game (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within the Game.
2. Limited License, Login Information and Your Account and Eligibility.
Limited License Grant
Subject to your agreement and continuing compliance with these Terms of Use and Qalang’s policies, Qalang grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Game for your own non-commercial entertainment purposes. You agree not to use the Game for any other purpose.
Login Information and Your Account
Within the Game, you may create an account with us by providing a username and/or email address and a password (“Login Information”). We may also allow you to create a Game account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).
You shall not share your account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, loss of In-App Purchases or other In-Game Purchases, or other changes to your account and/or Game status, whether or not authorized by you. Qalang will not be responsible for anything that happens through or to your account and/or Game status as a result of you allowing any third party to access your Login Information and/or account.
Qalang reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Eligibility
Some aspects of the Service are not available to children under 13 unless we have first obtained verifiable parental consent, such as features that allow users to disclose personally identifiable information. You also may not use the game if: (i) you cannot enter into a binding contract with us and your legal guardian has not agreed to these Terms of Use on your behalf; (ii) you are a convicted sex offender; or (iii) we have previously banned you from using the Game.
If you are between the ages of 13 and 17, or under the age of majority where you live, you may not use the Game unless your parent or legal guardian has reviewed and agreed to these Terms of Use.
The Game is available for download from mobile application platform providers like Google or Apple, each of which may require you to maintain an account with them in order to access and use the Game.
3. Modification of Terms of Use.
We reserve the right to modify these Terms of Use from time to time by posting updated versions in the Game, on our website (www.qalang.com) or otherwise notifying you of changes through the Game. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use the Game after the posting of changes to these Terms of Use, you agree to the changes and the updated Terms of Use.
4. Intellectual Property Rights in the Game.
Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Game, including all content made available through the Game and the technology and software used to provide the Game. The Game is protected by copyright, trademark and other laws. If you violate these Terms of Use, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Use. In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
If you provide us with any suggestions for enhancement or feedback regarding the Game or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Game, without any obligation to compensate you.
6. Code of Conduct.
You agree to comply with the following requirements (our "Code of Conduct") when you use the Game:
• You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Game, including any terms regarding payment for In-App Purchases made through such platforms.
• You will not attempt to obtain login information or access another player’s account, collect or harvest personal information from other users.
• You will not exploit, distribute or publicly inform other users of any game error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology.
• You will not harass, threaten or bully any other player, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
• You will not use the Game for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Game Purchases for sale.
• You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Game experience.
• You will not remove or obscure any proprietary notices within the Game.
• You will not to disrupt or attempt to disrupt the Game or any other person’s use or enjoyment of the Game.
• You will not attempt to gain unauthorized access to the Game, to accounts registered to others, to any servers used by Us or otherwise used in connection with the Service or to networks from which portions of the Game are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.
• You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from the Game or that is in transit from or to the Game.
• You will not make any automated use of the Game, or take any action that imposes an unreasonable burden on our infrastructure.
• You will not copy, modify or distribute content from the Game except as specifically and explicitly authorized by us. Qalang content is proprietary, and your use, copying or transfer of Qalang content may constitute copyright infringement, trademark infringement or other violation of law.
• You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.
• You will not improperly use our support services, including by submitting false reports.
• Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Game.
• You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
Failure to comply with this Code of Conduct may result in the suspension of your account, or any portion of your account, and/or subject you to any of the penalties identified in Section 10 herein.
7. Your Interactions with Other Users.
You are solely responsible for your interactions with other players with whom you interact through the Game. Qalang reserves the right, but has no obligation, to become involved in any way with any disputes concerning the Game. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting Qalang access to any portion of your account.
If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release Qalang (and our officers, directors, agents, privies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.
8. User Content.
The Game may includes features by which users can submit or upload content to the Game, including without limitation chat and messaging utilities and the ability to select profile names (collectively, “User Content”). You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous or slanderous material.
You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Game without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
We do not endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring the Game for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with the Game or with other users when you are using the Game. You acknowledge and agree that you have no expectation of privacy in any User Content.
9. Information Collection and Use; Privacy Policy.
In addition to User Content, Qalang collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through the Game or which is generated, acquired or developed when you download, install, and/or use the Game or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of the Game or third parties in the Game (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support the Game and our services. For example, we may use the Service Information to deliver and target advertising and generate information about the reach and effectiveness of advertising through various measurements and analytics (without providing personally identifiable information about you).
Our Privacy Policy sets out detailed information regarding our collection, use and sharing of information from and about you. When you download or use the Game, you acknowledge and accept that the Privacy Policy applies to you. You should carefully review the Privacy Policy and, if you do not agree with it, you should not use the Game.
10. In-Game Purchases; Payments; Ownership.
The Game may enable you to use credits “earned” while playing the Game or use real money to purchase a license to use certain services or content in the Game (each an “In-Game Purchase”). Purchased In-Game Purchases are subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. Qalang does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Game Purchases, you agree that we may begin to supply you with your purchased In-Game Purchases immediately.
You agree that you have no ownership interest in your Game account or any In-Game Purchases associated with your account, regardless of whether you “earned” or “purchased” such In-Game Purchases. You agree that In-Game Purchases, including “Gold,” “Silver,” and any other virtual currencies or goods within the Game are for personal non-commercial entertainment purposes, have no independent value outside of the Game, may not be redeemed for any cash value, and is simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME PURCHASES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
11. Termination and Suspension.
You may terminate your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to [email protected] with the subject entitled “Termination.”
We reserve the right to suspend or discontinue the Game or any part of it at any time, including any features, game elements and In-Game Purchases and revoke any and all licenses provided to you under these Terms of Use. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of the Game or for any In-Game Purchases previously earned or purchased, and you will have no further right to access your account or use the Game. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE GAME OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO THE GAME AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH THE GAME, OR DELAY OR REMOVE USER CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Game.
12. Disclaimer; Limitation of Liability.
THE GAME IS PROVIDED "AS IS," AND USE OF THE GAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE GAME, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. QALANG DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR THE GAME DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER PLAYERS OF THE GAME.
Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.
13. Indemnity.
If you misuse the Game, violate the law, or violate these Terms of Use, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This section will apply even if you stop using the Game or your account is deleted.
14. Agreement to Arbitrate; Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.
Overview
This Section 14 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 14 notwithstanding Section 15 below, those prohibited provisions will not apply to you. IF YOU LIVE IN THE EUROPEAN UNION, NONE OF THIS SECTION 14 APPLIES TO YOU.
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at [email protected]. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Agreement to Arbitrate; Exceptions
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD THE GAME, YOUR USE OF THE GAME, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your account for the Game, stop using the Game, or delete the Game application from your mobile device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
This Section 14, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 15 below:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief for violations of sections 4 and 6 herein.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Santa Clara County, California or the county where you live, or some other place we both agree on, if such claims meets all the requirements to be brought in that court.
The Federal Arbitration Act applies to this Section 14. The arbitration will be governed by the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) (including Rule 1(g) of those Rules that provides for arbitration through the submission of documents only/desk arbitration where no disclosed claims or counterclaims exceed $25,000), as modified by these Terms of Use, The Rules are available at www.adr.org. The arbitrator will be bound by these Terms of Use.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.
Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to- face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party's claims are frivolous or the other party's costs are unreasonable.
For EU Users
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of Qalang.
Class Action Waiver
For disputes arising between Qalang and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF THE GAME, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.
If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 14 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
Service of Process
To initiate arbitration or any legal proceeding against Qalang, you must serve initiating documents on Qalang’s registered agent for service of process at: Vcorp Services CA, Inc., 5670 Wilshire Blvd., Suite 1530., Los Angeles, CA 90036.
Changes to this Section 14
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 14, you may reject any such change by sending us written notice within 30 days of the change to: [email protected].
15. Applicable Law.
For Users other than EU Users
You agree that these Terms of Use shall be deemed to have been made and executed in the State of California, U.S.A. and that any dispute arising under the Terms of Use, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of the State of California, without regard to conflict of law provisions or principals.
For claims not required to be arbitrated under Section 14, or in the event the arbitration provision in Section 14 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against us shall be commenced and maintained exclusively in any state or federal court located in Santa Clara County, California having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.
For EU Users
You agree that these Terms of Use shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.
16. Third Party Promotions and Links.
The Game may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Promotions "), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Game Purchases. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and Qalang has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
17. Ownership; Trademarks and Copyrights.
All rights, title and interest in and to the Game (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by Qalang. Qalang reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Game.
The trademarks “Qalang,” “Halus,” and logos associated with each of the foregoing, are trademarks of Qalang, and all trademarks, logos and service marks (collectively, "Marks") displayed on or in the Game are either our property or the property of third parties. Similarly, all artwork and other protectable expression in the Game are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
18. Digital Millennium Copyright Act (“DMCA“) Notice.
Qalang responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When Qalang receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice:
If you believe that in-Game content infringes on your copyright, you must submit a written notification to Qalang either by email or written letter (regular mail or courier). The Notice must include the following:
1. An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
2. A description of the nature and exact location of the content you claim infringes your copyright;
3. Your name, address, telephone number, and email address;
4. Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
5. A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).
Send the written Notice to the designated Copyright Agent at Qalang by emailing us at [email protected] or by sending the Notice to:
Qalang Corporation
Attn: Designated Copyright Agent
3553 Castro Valley Blvd., Suite K
Castro Valley, CA 94546.
To Submit a Counter Notice:
Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from Qalang, or have been otherwise advised by Qalang that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.
19. Miscellaneous.
Except as otherwise expressly set forth in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. These Terms of Use constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.
If we provide a translated version of these Terms of Use or any other terms or policy incorporated or referenced in these Terms of Use, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.
If we do not enforce a provision of these Terms of Use, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms of Use, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
Qalang is subject to existing laws and legal process, and we may comply with law enforcement or regulatory requests or requirements notwithstanding any term to the contrary in these Terms of Use.
We may notify you via postings on www.qalang.com or via e-mail or via any other contact information you provide to us. Except as otherwise expressly provided herein, all notices given by you or required from you under these Terms of Use or the Qalang Privacy Policy shall be in writing and addressed to: Qalang Corporation. Attn: [email protected]. Any notices that you provide that do not comply with these requirements shall have no legal effect.
Qalang shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Qalang, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Qalang’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
For Australia and New Zealand Users Only:
Upon termination of your account, Qalang will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.
For European Union Users Only:
If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Game Item.
20. Contact Information.
This website and Game are operated and provided by Qalang Corporation. If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to [email protected].
仲裁程式將訴諸中立仲裁者，不遞交法官或陪審團審理。仲裁不如法庭訴訟正式，所進行的事實披露較有限，遵循規則與法庭訴訟程式不同，接受的法庭審查極為有限。仲裁者會核發書面裁決書，有任一方要求時將提出理由陳述。您理解本身與我們皆放棄法庭訴訟權，以及訴請法官或陪審團判決之權利。This Section 14, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 15 below: 然本第十四節不適用於以下類型的求償或爭議，您與我們得依下述第15 節訴諸法院：
(1) 侵權或其他濫用智慧財產權的求償，包括尋求禁制令救濟之請求；以及
(2) 為違反本使用條款第四及第六節尋求預防性禁制令救濟的請求。
對無須依第十四節實施仲裁之求償，或若遇該節的仲裁規定被視為無法實施或無效，您同意凡您對我們的求償經法律程式確立，即應展開且維持，惟限於加州 Santa Clara 郡的任一州或聯邦法庭，其具有各方間爭議標的管轄權，而您據此同意此等法庭具有專屬管轄權。我們間如有任何爭議，勝訴當事人有權獲得律師費與開支補償。
My name is Samson Zhong, an English/Chinese Translator/Interpreter who has been in this industry for more than 5 years. Having learned of the want ad and been interested in the post of Translation Specialist (English-Traditional Chinese TW), it’s great to hearing back from you and please refer to my replies to the questions as follow.As a member of Taiwan Judicial Interpreters Association, I also scored 980 out of 990 on New TOEIC. If you would like to know a bit more about my background, please refer to my website listed in the name card.Below are a few of the projects that I have achieved over the last few years:An over-280,000-word offer for Digitimes.com and other news agenciesAn accumulation of hundreds of thousands of words for caption projectsHigh remark given by Ministry of Culture, the commissioner Zhang Jun Jun at MOFA, and other clients on the service I provided.
关键词： translator, interpreter, Chinese, English, localization, voice over
专长