Hikingbook Terms of Service
Hikingbook (hereafter referred to as "the Service") is a service established and provided by Hikingbook Inc. (hereafter referred to as "the Company" or "We"). The Service is designed to record comprehensive outdoor activity logs, offer information on outdoor routes, provide users with offline maps, and assist participants in outdoor activities in planning their interactions on the trails. “Outdoor activities” in these Terms are specified as sports and activities conducted in the outdoor environment, including but are not limited to: hiking, cycling, trail running, climbing, running, walking. Leveraging core features of the outdoor activity record app—such as offline maps, recording tracking, exporting, and importing capabilities—the Service aims to ensure safer outdoor experiences, deliver knowledge on outdoor activity safety, and allow participants in outdoor activities to thoroughly enjoy the outdoors and return home safely. To protect your rights as a user, all users of the Service (including both registered members and non-registered users, hereafter referred to as "Members" or "You") must carefully read these Terms of Service. The term "Members" or "You" herein refers to all users of the Service. These Terms of Service constitute an agreement between the users, Members, and the Company. By starting to use the Service or completing the registration process, users and Members are deemed to have read, understood, and agreed to all the terms and conditions set forth in these Terms of Service. Users are thereby bound by the same obligations to the Company as Members. This agreement was written in Traditional Chinese. To the extent a translated version of the Terms conflict with the Traditional Chinese version, the Traditional Chinese version controls.
Acknowledgment and Acceptance of Terms
- Right to Amend Terms: We reserve the right to amend the content of these Terms of Service at any time. Should there be any amendments to these Terms of Service, we will announce the revised terms through our website "HIKINGBOOK" (hereafter referred to as "the Website") or our APP, informing you of the updated terms.
- Effectiveness of Revised Terms: The revised Terms of Service, unless otherwise specified, will become effective upon announcement. From the effective date, if a Member continues to use the Service, it is deemed that the Member has read, understood, and agreed to all the contents of the revised terms. If a Member disagrees with the revised content, the Member will no longer have the right to use the Service, and we may terminate the contract without any obligation to compensate or indemnify the Member.
Membership and Registration
- Legal Representative for Minors: If you are under 7 years of age, your legal representative must register for the Service on your behalf. If you are under 20 but at least 7 years old, your legal representative must read, understand, and agree to all the provisions of these Terms of Service and any amendments thereto before you can start or continue using the Service. Starting or continuing to use the Service implies that the account was registered by a legal representative or that the representative has read, understood, and agreed to all the Terms and amendments.
- Legal Representative Consent for Minors: Users under 7 years of age must be accompanied by their legal representatives at all times when using the Service. For users aged 7 to under 20, legal representative consent is also required for using the Service. Starting to use the Service implies that the legal representative has either accompanied the entire time or has given their consent.
- Registration Process: When applying to register for the Service, Members must provide member information and related documents or data as required by the Company during the registration process. To use all functionalities of the Service, Members must complete member verification in the manner prescribed by the Service at that time.
- Accuracy of Information: Members guarantee that all information provided is accurate and up-to-date and must not register under a third party's name. If there is any change to the Member's information, it must be updated immediately. If Members fail to provide, update, or provide accurate information as required, the Company has the right to suspend or terminate the member's account without prior notice and refuse access to all or part of the Service.
- Account and Password Security: The account and password obtained through the Service are for personal use only and cannot be transferred, gifted, or inherited. If a Member decides to stop using an account, they must apply to the Company for cancellation. Members must properly secure and keep their account information confidential and not disclose or provide it to any third party for logging in or use. Any transactions or activities conducted under the member's account and password are considered actions of the account holder, who is responsible for all such actions.
- Unauthorized Use: If a Member suspects their account or password has been misused or compromised, they must notify us immediately so appropriate measures can be taken. However, such measures do not imply that the Company bears any form of compensation or indemnity obligation to the Member. The Company is not legally responsible for any damage arising from improper use of an account or password due to the Member's negligence or non-compliance.
- Log Out After Use: To protect member rights, it is advised to log out of the account after using the Service on devices not owned by the Member. If sharing a computer or any device with others, ensure to close the browser or the Service to prevent others from accessing your personal information.
- Account Registration Limits: The Company may limit the number of member accounts that can be registered by the same individual and reserves the right to accept or reject any registration application.
- Communication: The Company may provide Members with information related to the services offered by the Company through SMS, email, telephone, etc.
- No Backup Obligation: The Company is not obligated to back up any information related to your account, regardless of the reason for the account cancellation or service discontinuation.
- Right to Suspend or Terminate Service: The Service reserves the right to suspend or terminate your account and your use of the Service at any time, particularly in the following cases:
- Registration under another person's name.
- Providing false information during the service application.
- Unclear email address.
- Application by individuals who have been suspended due to violations of these Terms of Service or any other policies, statements, or rules of the Company.
- Other conditions that do not meet the application requirements of the Service.
Content of the Service
- Comprehensive Recording and Safety Features: The Service provides a comprehensive solution for recording your outdoor activity process and obtaining route information, allowing for easy logging of outdoor activities with a smartphone without internet access. It leverages technology to enhance safety during outdoor activities and offers extensive knowledge on outdoor activity safety. While the Company will regularly update the APP's features and optimize the user interface, it does not enter into agreements between Members nor guarantees the safety of outdoor activities. Due to the nature of the internet, the Service cannot verify the authenticity of member-posted data or guarantee the accuracy of the information provided. Members are responsible for verifying such information. Any legal disputes or damages resulting from a Member's violation of laws are solely the responsibility of the involved parties; the Company is not liable.
- Member Interactions: Interactions between Members within the Service are the sole responsibility of those Members. Any rights and obligations arising are strictly between the Members themselves. The Company only provides a platform for logging and integrating outdoor activity records and related information. Any disputes or obligations arising between Members should be resolved amongst themselves, without any explicit or implied promises or warranties from the Company.
- Service Changes and Discontinuation: The Service reserves the right to change, limit, or discontinue any of its contents or services at any time. If the original service is interrupted, terminated, or becomes unusable, the Service may provide an alternative. The Company has the right to refuse service if a Member fails to follow the terms or operational instructions and is not liable for any resulting damages.
- Modifications and Interruptions: You agree that the Service reserves the right to modify or interrupt its content temporarily or permanently without notice, and the Service will not be liable for such actions.
- Effective upon Publication: Changes to the Service will be effective upon publication through the member center, Website, or within the Service, unless otherwise notified.
- Member Negligence: The Company is not responsible for any losses due to Member negligence, including but not limited to failure to follow instructions, forgetting or leaking passwords, password theft, or unauthorized access to a Member's computer or mobile device.
- Account Termination or Restriction: Members agree that the Company may, at its discretion, terminate or limit the use of an account (or any part thereof) or the Service for various reasons, including inactivity, legal orders, significant changes to the service content, technical or security issues, fraudulent or illegal activities, non-payment of fees, or violation of the Service's terms and core values. The Company may also remove and delete any member content. Members acknowledge and agree that upon such termination or limitation, the Company may immediately close, delete, or restrict access to the member's account and all associated data and files, and cease all or part of the Service. Moreover, Members agree that the Company is not liable to the Member or any third party if the use of the Service is terminated or restricted.
Paid Membership
- After joining as a Member of the Service in accordance with the "Membership and Registration" section of these Terms of Use, you may subscribe to paid content and services offered by this Service, becoming a paying member to experience and enjoy advanced features of this Service. For details about the advanced features, content, and costs, please refer to the respective plan descriptions on our Website or APP, referred to as "Paid Services" in these Terms of Use.
- Subscription Options for Paid Services:
- In-App Purchases (IAP): You may opt to subscribe to Paid Services via In-App Purchases in our APP, meaning subscriptions are made through the payment methods tied to your mobile device or recognized by the device's platform as valid. Given our agreement with system platform providers, IAP subscriptions cannot be transferred between devices. Our APP adopts an "automatic renewal" system for IAP subscriptions, where your subscription will automatically renew unless you cancel it at least 24 hours before the end of the current subscription period (calculated annually or monthly, depending on your chosen plan) via the "Manage Subscriptions" menu on your device’s system. If you subscribe via IAP, the system platform provider will charge the subscription fee through your chosen payment method (e.g., credit card, debit card, gift card, or other methods available in Taiwan or your country), including any applicable taxes. You will need to handle any other matters regarding cancellation or refunds yourself as regulated by the system platform companies.
- Website Subscriptions: Alternatively, you can choose to subscribe to Paid Services through our website. In this case, we use third-party payment services to process transactions. Website subscriptions also operate on an "automatic renewal" basis, where your subscription will automatically renew unless canceled through the order management page at least 5 days before the start of the next subscription cycle. The service will charge the subscription fee through the payment method you selected, including any applicable taxes.
- Transaction Receipts: You agree that after each payment for Paid Services, our company will issue a receipt in the form of an electronic uniform invoice.
- Refunds for Subscription Services: If technical issues prevent or unreasonably delay your access to the subscribed Paid Services, compensation may be provided in the form of content replacement or refund, at our or the system platform provider's discretion. However, if a member violates these Terms of Use, resulting in our refusal or termination of service, or if evidence of fraud, abuse of refunds, or other inappropriate behavior is discovered, we or the system platform provider reserve the right to refuse refund requests. The interpretation of "other inappropriate behavior" remains at our discretion.
- Subscription Fees: Paying members agree that the amount charged for each subscription period will be based on the fees for Paid Services listed on our Service Website or APP at the time of purchase.
- Fee Adjustments: We will announce any adjustments to the fees for Paid Services on our Website or APP. If the price of a subscription increases, we will seek, when necessary, your consent before continuing the subscription beyond the price adjustment, and we will not charge you for the new subscription price until 24 hours before the start of the next subscription period.
- Service Changes: Paying members understand and agree that the content, terms of use, payment and refund policies, or other regulations of Paid Services may change in the future due to business development, technical improvements, or upgrades. We will announce any such changes on our Website and APP, effective from the time of announcement.
- Cancellation due to Changes: If changes or modifications adversely affect paying members and you do not agree with them, you may cancel the Paid Services through the order management page on our Website or via the subscription management settings on your device at least 5 days before the start of the next subscription cycle adversely affected by the changes. If paying members continue to use Paid Services after such changes, it will be considered acceptance of the changes.
- Paid Membership Termination: The status of being a paying member starts from the date of subscription activation and lasts until the end of the subscription period or the billing cycle, whichever is applicable. If a paying member's account is canceled by our Company or Service provision is stopped, the paid membership status also ends simultaneously.
- Non-Refundable Charges: If the subscription is terminated but the payment has already been processed for the next period by the payment service provider, we will not issue a refund, and paying members may continue to use the Paid Services until the end of the subscribed period.
- Payment Failures: If we cannot process charges through your chosen payment method for any reason and you have not yet corrected your payment subscription, you are still responsible for the payment. The system platform provider will attempt to charge your updated payment method information. This may result in a change to the start date of your next subscription period and may also change the billing date for each subscription period.
- Cancellation Rights: If we are unable to charge your chosen payment method at the time of renewing your subscription, we reserve the right to cancel your paid subscription service.
- Free Trial Subscriptions: Our Service offers free trial subscriptions before charging through your selected payment method for Paid Services on the APP. If you decide to cancel your free trial subscription before it converts into a paid subscription, you must do so at least 24 hours before the end of the trial period. Please note, Website subscriptions do not offer a trial service.
- Platform Partners: The Service app currently partners with system platform providers including the Apple App Store, Google Play Store, and Samsung Galaxy Store. If you are not using a device that supports one of the three platform providers, you may not have access to all the functionalities or content provided by our Service.
- Payment Risks: You acknowledge and agree that payments for Paid Service subscriptions are processed through payment systems and collection agents associated with system platform providers. Such payment methods may carry certain risks, including, but not limited to, the potential for unauthorized use of your account or credit card for illicit activities. You bear the responsibility for any damages resulting from such risks and must seek restitution and compensation from the infringing party yourself.
- Liability Limitation: Unless otherwise stipulated by law or in these Terms of Use, you agree that neither our Company nor its affiliates shall bear any liability for damages to members, including losses arising from the use or inability to use Paid Services, or other direct or indirect damages. If damages are intentionally caused by our Company, the maximum compensation owed to a paying member for a single incident will be the total amount paid to our Company for Paid Services over the past year.
- No Guarantees for Third-party Faults: Our Company does not assume any warranty or liability for defects or damages caused intentionally or negligently by content providers, hardware vendors, third-party service providers, or other users.
- Exemption from Right of Withdrawal: You understand and agree that Paid Services are considered "online services which are instantly performed" as described in Article 2, Paragraph 5 of the "Guidelines for Exceptions to the Right of Withdrawal in Communication Transactions," and therefore, do not fall under the provisions of the cooling-off period described in Article 19 of the Consumer Protection Act. Please assess whether the subscription to Paid Services meets your needs before subscribing.
Team Plan
- The Service offers a special subscription plan known as the Hikingbook Pro Team (hereafter referred to as "this Program"), to which you agree the service-related regulations detailed in this section will take precedence for subscribers of this Program. For aspects not specifically addressed herein, the relevant provisions of these Terms of Use shall apply.
- Users of this Program are categorized into primary account users and subsidiary account users. Each primary account user may authorize up to five hiking partners as subsidiary account users. However, both primary and subsidiary account users must first register as Members of the Service in accordance with the service's Terms of Use.
- When a primary account user opts to link a specific member account as a subsidiary account user within the Service, we will verify the subsidiary account user's identity to ensure they are not currently a paying member (Pro plan user) of the Service. If the intended subsidiary account user is already a paying member, the link will not be verified. Thus, if you are currently a paying member, you must cancel your paid membership before you can become a subsidiary account user under another primary account. For information on how to cancel your paid membership, please refer to the Paid Membership section of these Terms of Use.
- Currently, this Program can only be purchased through our Website. You understand and agree that this Program operates on an automatic renewal basis, billed monthly. The billing amount for each period of this Program's service will be based on the fees or purchase amounts displayed on our Service Website at that time, and you also agree that we reserve the right to adjust the Program's fees at any time. Any fee adjustments will be announced on the Website.
- If you wish to stop subscribing to this Program and terminate your status as a primary account user, you must cancel through the order management page at least 5 days before the start of the next subscription cycle. Please note that if you have subscribed to this Program through the Website and the payment for the next billing period has been processed prior to your termination request, no refund will be provided. However, you may continue to use the Program until the end of the paid period. We will not send separate notifications to the subsidiary account users linked to your primary account upon your subscription termination.
- Members using this Program (including both primary and subsidiary account users) understand and agree to be governed by the remainder of these Terms of Use. If the primary account holder fails to comply with the regulations set forth in these Terms of Use, we reserve the right to terminate or suspend their continued use of the Service at any time, automatically converting the linked subsidiary accounts to standard (non-paid) member privileges. If a subsidiary account holder fails to comply, they will be addressed according to the general member violation procedures outlined in these Terms of Use.
- Concerning future developments, technical improvements, upgrades, or other changes that may affect the Program's content, Terms of Use, payment and refund policies, or other related regulations, as well as price adjustments, refund matters, issues arising from payment collection failures, related risks of paying for the service, and the handling of situations involving rights infringements, please refer to the relevant regulations for paying members.
Member Conduct
- Content Submission: Members are responsible for any data, information, text, photos, graphics, messages, or other materials ("Submitted Content") that they post or privately transmit through the Service. The Company does not pre-screen or review content for accuracy, legality, timeliness, completeness, etc., and makes no express or implied promises or warranties regarding such content.
- Exposure to Submitted Content: Members understand that they may encounter offensive, inappropriate, or objectionable Submitted Content while using the Service. In no event will the Company be responsible for any Submitted Content, including but not limited to any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed, transmitted, or otherwise made available via the Service Website (or APP).
- No Pre-screening of Content: The Service does not pre-screen Submitted Content but reserves the right (without obligation) to refuse or remove any Submitted Content available via the platform at its sole discretion. You agree to evaluate and bear all risks associated with the use of any Submitted Content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Removal of Inappropriate Content: If Submitted Content violates laws, public order, decency, infringes on third-party rights, or breaches these Terms of Service, the Company may remove or block access to such content without prior notice to protect the rights and interests of the Company and third parties or to prevent harm or disputes from escalating.
- Suspicious Illegal Activities: If the Company has reasonable suspicion of illegal activities by a member, it reserves the right to lock the account and password and may proactively or cooperatively forward the member's relevant data to judicial or investigative authorities, awaiting final judicial judgment.
- Disclosure of Information: Members understand and agree that the Company may retain and disclose members' account information, Submitted Content, transaction data, or information to government authorities, judicial police, or legal representatives of minors when reasonably necessary for the following purposes:
- Complying with legal requirements or government requests.
- Necessary provisions of this Service.
- Preventing significant harm to others' rights.
- Averting imminent danger to the life, body, freedom, rights, or property of Members and the public.
- Free and Paid Services: Some content on this Service is available for free, but registration for the Service and agreement to the Company's rights to charge for Paid Services and their related regulations are required for using certain Paid Services or for uploading or downloading photos and data.
- Compliance with Paid Service Regulations: If using Paid Services, you agree to comply with additional regulations related to payment as published by the Service and to pay fees accordingly. Changes to billing standards will be announced on the website and APP.
- Service Denial for Non-compliance: If a Member fails to comply with the Terms of Service or operational guidelines provided on the Website, the Company reserves the right to refuse to continue providing the Service, without bearing any liability for damages.
- Member Negligence: Any losses resulting from member negligence, including but not limited to failure to follow instructions, forgetting or leaking passwords, or unauthorized access to the member's computer or mobile device, are not the responsibility of the Company.
- Accuracy of Member Information: Members guarantee that all information provided is accurate and current and must not register under the name of another person. If there are changes to the member's information, it must be updated promptly. Failure to provide, update, or accurately provide information grants the Company the right to suspend or terminate the member's account and refuse access to all or part of the service without prior notice.
- Prohibition of Illegal Use: Members pledge not to use the Service for any illegal purposes or in any illegal manner, agreeing to abide by the laws of the Republic of China and all international internet usage norms. Members outside the Republic of China agree to comply with their respective national or regional laws. Members also agree not to engage in activities that infringe on others' rights or are unlawful through the service, including transactions of prohibited or restricted items, and to accurately describe the terms and information of any transactions or uses of the Service to avoid exaggeration, falsehood, or misleading information.
- Prohibited Activities: You must not engage in activities that infringe upon the lawful rights and interests of others through the use of this Service. If such infringements occur, the Company reserves the right to refuse Service, and you will be held legally responsible for any resultant harm to the Company, its employees, or other members. You will be liable for compensation. This includes, but is not limited to:
- Uploading, posting, publishing, or transmitting any defamatory, insulting, threatening, aggressive, indecent, obscene, false, contrary to public order or morals, or any other unlawful text, images, or files;
- Infringing upon others' reputation, privacy rights, trade secrets, trademarks, copyrights, patents, other intellectual property rights, or any other rights;
- Breaching confidentiality obligations under law or contract;
- Impersonating others in the use of the Service;
- Uploading, posting, transmitting, or distributing any data containing viruses or any code that interrupts, destroys, or limits the functionality of any computer software or hardware;
- Engaging in unlawful transactions, posting false or misleading information, or messages that incite criminal activity;
- Providing gambling information or in any way soliciting others to participate in gambling;
- Falsifying the source of messages or in any way disrupting the determination of the transmission source;
- Interfering with or disrupting the Service or networks connected to the Service, or not adhering to the requirements, procedures, policies, or regulations of networks connected to the Service;
- Engaging in any activity that may contain computer viruses or may infringe on the system or data of the Service;
- Stalking others or collecting or storing personal information about other users for prohibited purposes;
- Any other behavior deemed inappropriate by the Company.
- Violation Consequences: If you violate the above stipulations, the Company may, when necessary, terminate the Service provision without prior notice to the Member, and suspend, close, or delete all related data and files in the Member's account.
- Account Cancellation: If you wish to cancel your account, upon the Company's review and approval of the cancellation, the agreement between the Company and you will be considered terminated. However, you are still liable for any breach of contract or damages that may arise from your actions while using the Service. The Company also reserves the right to retain your relevant information.
- Digital Content Protection: You acknowledge and understand that the Service and the software included within may contain security features that protect digital information. The use of such data must comply with the usage rules set by the Company or the content providers who supply the content to the Service.
- Prohibition on Circumvention: You are not allowed to attempt to circumvent or bypass any usage rules embedded within the Service. Unauthorized reproduction, distribution, dissemination, or public display of any information provided by the Service, in whole or in part, is strictly prohibited.
Limitation and Exclusion of Liability
- The Company does not provide any express or implied warranties for the Service. The Company does not guarantee the following:
- The Service will meet Members' needs;
- The Service will operate uninterrupted;
- Data will be transmitted, processed, stored, and backed up in a timely, secure, reliable, and error-free manner;
- The transmission by Members or the data transmitted has been legally authorized, accessed, or has not been altered or recreated;
- Errors in the system, software, and data will be discovered and corrected promptly;
- Any service, information, or other material obtained by members through the Service will meet their expectations;
- Related service websites or apps will be free of defects, program errors, crashes, or unusability.
- The Company does not pre-screen or review the content ("Submitted Content") published or privately transmitted by Members on the Service, including data, information, text, photos, graphics, messages, or other materials. The Company makes no express or implied promises or warranties regarding the authenticity, legality, timeliness, completeness, etc., of such content. The responsibility lies solely with the provider of the Submitted Content.
- The content of the Service requires an internet connection. The Service is not liable for any damages to the internet connection caused by technical failures, power outages, or any factors beyond the control of the Service.
- The Service may contain links to other websites. These linked sites are not under the control of the Company, and the Company is not responsible for the content of any linked site, including links, changes, or updates. The Company provides these links for convenience only, and such links do not imply endorsement by the Company or any association with its operations.
- Some services provided on certain websites are completed by third-party sites or entities. You understand and agree that when using any product, service, or functionality within this Service, the Company may share your information with third parties that have a contractual relationship with the Company and represent the Company in providing these products, services, or functionalities.
- Members must agree that all data records during the use of this Service, stored in the Service's database in electronic form, will be considered the standard for determining disputes or litigation. Members agree to use these electronic records as the basis for judgment in any disputes or legal proceedings.
- The Company does not provide any express or implied warranties for the Service. The Company does not guarantee the following:
System Maintenance and Service Interruption
- In the event of any of the following situations, the Company reserves the right to stop or interrupt the provision of this Service, and all Members shall not be entitled to claim compensation or reimbursement:
- Necessary maintenance and construction of computer hardware and software and electronic communication equipment, or unexpected failures of such equipment.
- Relocation, replacement, upgrading, maintenance, or repair of the Service-related hardware and software equipment.
- Any violation by Members of the law, the terms of this agreement, or any other agreements related to this Service.
- Interruptions, suspensions, or inability to operate normally due to actions by third parties, matters beyond the control of the Company, or other causes not attributable to the Company.
- Natural disasters or other force majeure events leading to the suspension, interruption, or inability to operate normally of the Service.
- Due to business considerations of the Company itself, including but not limited to commercial mergers, cessation of operations, etc.
- When the Service is stopped, interrupted, or experiences a malfunction, it may cause inconvenience in use, data loss, errors, tampering by others, or other financial losses for the Members. Members should take protective measures when using this Service. The Company is not liable for any damages incurred by Members as a result of using (or being unable to use) this Service.
- In the event of any of the following situations, the Company reserves the right to stop or interrupt the provision of this Service, and all Members shall not be entitled to claim compensation or reimbursement:
Account Security
- Each member's account and password, obtained for the use of this Service, are intended solely for the personal use of the Member and cannot be transferred, gifted, or inherited. Should a Member decide to cease using their account, they must apply to the Company for account cancellation. Members are obliged to properly secure and keep their account information confidential and must not disclose or provide it to any third party, whether for compensation or not. All activities conducted through the use of the account and password are the sole responsibility of the account holder.
- If a Member discovers or suspects that their account or password has been misused by a third party, or used without their authorization to subscribe to paid services or for improper use, they must immediately notify the Company so that appropriate measures can be taken in a timely manner. However, such measures should not be interpreted as the Company having any express or implied obligation to compensate or indemnify the Member for any reason. The Company bears no legal responsibility for any damages arising from the Member's failure to safeguard their account information or comply with these terms for account and password use.
- To protect Member rights, it is advised that if the Service is used on a device not owned by the Member, they must log out of their account. If a Member shares a computer or any device with others, it is imperative to close the browser or the Service to prevent others from accessing their personal information.
Protection of Intellectual Property Rights
- The software or programs used in this Service, along with all content available online, including but not limited to texts, images, files, information, data, program structures, app or website layout, website structure, page design, informational content, and submitted content, are owned by the Company or other rights holders under applicable intellectual property laws. This includes trademarks, patents, copyrights, trade secrets, and proprietary technologies. Unauthorized use, modification, reproduction, public broadcasting, adaptation, distribution, publication, reverse engineering, decompiling, or disassembling is strictly prohibited. If you wish to use or republish the aforementioned software, programs, or website content, you must obtain prior written consent from the Company or the respective rights holder. Respecting intellectual property rights is a duty you must fulfill. Any violation may result in the Member being liable for damages to the Company, including but not limited to legal fees and attorney costs.
- For the content you submit to this Service, whether through regular use or through subscription to Paid Services, the Company does not claim any ownership. However, by posting, uploading, inputting, providing, or submitting your content, you grant the Company and its affiliates a permanent and irrevocable right to use your Submitted Content for marketing and commercial purposes. This right includes but is not limited to copying, distributing, transmitting, publicly displaying, performing, reproducing, editing, translating, and reformatting your content, as well as publicly linking your name with your content.
- No compensation will be provided to you for the use of your Submitted Content here. The Company is not obligated to post or use any Submitted Content and may remove any Submitted Content at any time at its discretion. The Company bears no responsibility for any Submitted Content.
- When you post, upload, input, provide, or submit content, you warrant and represent that you own or have all the necessary rights to your Submitted Content, including but not limited to all the rights necessary for you to provide, post, upload, input, or submit the content. If a third party claims that your Submitted Content infringes their rights, the Company has the right to remove the Submitted Content at any time without prior notice. If the Company suffers damages as a result of such infringement claims, you will be liable for compensating the Company for such damages, including but not limited to legal fees and attorney costs.
- If any third party claims that the content you submitted infringes upon their rights, the Service has the right to immediately remove said content without your objection.
- If you believe that your intellectual property rights have been violated, please provide the following information to the Company:
- Your correct name and contact information, and agree to provide the reported information to the alleged infringer.
- Proof that you are the holder of the claimed intellectual property rights.
- A description of the intellectual property rights that you claim have been infringed, along with evidence of the infringement.
Protection of Personal Information
When Members register or use this Service, the Company will request you to provide relevant personal data or other information. All personal data or other information collected by the Company will be handled in accordance with the Personal Data Protection Act and relevant legal provisions. It will be used solely for the specific purpose of administering the services provided and will not be disclosed to any third parties without justification. This Website will not use the collected data for purposes beyond the specified scope of collection, nor will it disclose the information to third parties arbitrarily. For more detailed explanations, please refer to the Privacy Policy of this Service.
Refusal or Termination of Use
- Members agree that the Company has the discretion to terminate or restrict the use of the account (or any part of it) or the Service for any reason, including but not limited to prolonged inactivity, orders from courts or governmental agencies, the Service being discontinued or the content of the Service substantially changing, unforeseeable technical or security issues or problems, fraudulent or illegal actions by the Member, failure to pay fees according to the contract, or any other reason the Company deems that the Member has violated the explicit provisions and spirit of the service terms. In such cases, the Company may remove and delete any member content within the service. This applies to paying members as well.
- Members agree that the Company may, at its own discretion and with or without notice, terminate or limit a Member's use of the Service or any part of it at any time. Members acknowledge and agree that upon such termination or limitation, the Company may immediately close, delete, or restrict access to the Member's account and all or part of the related data and files in the Member's account and stop all or part of the Service's use. Furthermore, Members agree that if the use of the Service is terminated or restricted, the Company bears no responsibility to the Member or any third party.
- If a Member violates laws, infringes upon the rights of third parties, or breaches the member agreement, the Member shall be liable for compensating the Company and any third parties for the damages incurred, including but not limited to legal fees and attorney costs.
Governing Law, Jurisdiction, and Miscellaneous
- Visiting our Service Website or sending emails to our Company constitutes electronic communications. You agree to receive electronic communications, and you also agree that all agreements, notices, disclosures, and other forms of communication we provide to you electronically or on the Website ("the Agreement") satisfy any legal requirement that such communications be in writing.
- If any part of this Agreement (including but not limited to the disclaimers of warranty and limitation of liability provided above) is determined to be invalid or unenforceable according to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the rest of the Agreement shall continue in effect.
- The Terms of Service, Privacy Policy, and related usage regulations, procedures, principles, policies, and service descriptions are governed by the laws of the Republic of China.
- Any dispute arising between Members and the Company due to the Service, Terms of Service, Privacy Policy, or related usage regulations, procedures, principles, policies, and service descriptions, if leading to litigation, shall be subject to the jurisdiction of the Taipei District Court in Taiwan as the court of first instance.
- The headings of each section in this user agreement are for convenience only and shall not affect the interpretation, explanation, and understanding of the relevant terms.