Terms and Conditions of Use
Welcome to CyWee.com (the “Site”)! The sites and services of CyWee.com are provided by CyWee Group Limited and its affiliated companies (collectively “CyWee”) (the “Services”).
If you do not agree to any of our Rules, please stop using our Services immediately. We may update our rules from time to time; the most recent Rules will be posted on the Site or sent to you electronically. Please review our Rules frequently to ensure that you are aware of any changes of them. If you continue using our Services following the posting of changes to our Rules or receiving the changes of our Rules electronically, it means you accept those changes.
1. Use of the Services
The Services on this Site are only for your personal use. You are not allowed to use the Services for commercial purpose or in any way that is unlawful, or harms CyWee or any other person or entity, as determined in CyWee’s sole discretion.
CyWee, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video (the “Content”) on the Services own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For instance, CyWee owns a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on our Services are our trademarks and copyrights. You acknowledge that our Services do not give or purport to give medical, legal, financial or other professional advice. Your use of any information from the Services is at your own risk.
Certain areas of our Services may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on our Services that you created or that you have permission to post. You shall not post Content that violates these Terms and Conditions of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of our Services, you grant us, our subsidiary, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
2. Additional Terms
If we offer features and sites where you can upload or download files, you agree these features may be subject to supplemental rules that will be binding on you.
3. Electronic Delivery Policy
You agree to give CyWee consent to provide you with required notices, agreements and information concerning our Services and Site electronically. We will provide you with notices either by sending them to the e-mail address that you give us or by posting the notices on the web page of the Site. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of our Services.
The Services require you to create a CyWee account to participate in the Services and the Site. Our Services are intended for general audiences. You must be legally competent to enter into contracts.
You are responsible for the security and confidentiality of your password and account, and for all use of your CyWee account. You should protect and keep your account details secret at all time. You agree to provide, maintain, and update true, accurate, current and complete information about yourself as prompted by our registration process. You agree not to impersonate any person or misrepresent your identity or affiliation with any person, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. In addition, you agree to log off from your CyWee account at the end of each session.
You must notify us immediately if you become aware of any unauthorized use of your CyWee account or any other breach of security relating to your account. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services.
Some areas on our Services may contain information and topics intended for a mature audiences, which may not be suitable for children, young teenagers or to some adults. You acknowledge that you review such areas and information at your own risk. You must be at least 18 years old to access areas for mature audiences. You agree that we may, but we have no obligation, to take reasonable steps to regulate access to any area on a Service that may be intended for mature audiences only.
We may provide user account, Content or use records, and related information under certain limited circumstances, such as in response to legal process, actions, proceedings, orders, subpoenas, or warrants; to enforce our Rules; or to protect our rights, customers or business.
We may discontinue or change any service or feature on our Services at any time and without notice.
7. Users Responsibilities
You are required to use our Services for lawful purpose only. You are not allowed to engage in any conduct that:
- violates or infringes the rights of others including but not limited to patent, trademark, trade secret, copyright, publicity or other intellectual property rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of sexual acts;
- victimizes, harasses, degrades, or intimidates and individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, licensed professional, business or entity, including CyWee’s employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- offers, promotes or encourages betting or wagering prohibited by law;
- violates these Terms and Conditions of Use, guidelines or any policy posted on our Services or Site;
- interferes with the use of our Services by others;
- cause damage or impairs our servers or network;
- register more than once on the Site;
- register a product which was not lawfully purchased;
- interferes with any other party’s use and enjoyment of our Services or the Site; or
- attempts to gain unauthorized access to our Services, user accounts, computer systems or networks.
We may take any legal, disciplinary and technical remedies to prevent the violation of these Terms and Conditions of Use.
8. No Spam
You shall not transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages) through our Services. You shall not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You shall not induce or allow others to use our Services to violate the terms of this section. We may terminate immediately your access to our Services and take any other legal action if you, or anyone using your access to our Services, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
9. License to Use the Services
You can only use the Services only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos, music, videos, games, and other audio-visual entertainment programs, for personal use only and subject to the rules that accompany that particular Content. You are not allowed to use the Content in a manner that exceeds the rights granted for your use of the Content. You are not allowed to use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of our Services or Contents, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without CyWee’s prior written consent. You shall not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
10. No Duty to Monitor
You agree that CyWee is not liable for Content that is provided by others. CyWee has no duty to pre-screen Content, but CyWee has the right to refuse to post or to edit submitted Content. CyWee reserves the right to remove Content for any reason, but CyWee is not responsible for any failure or delay in removing such materials.
11. Procedure for Making Claims of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on a Service in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.
12. Third Party Sites
Our Services may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that CyWee endorse these third party sites or services. CyWee is not responsible or liable for any Content or other materials on these third party sites. Any dealing that you have with advertisers found on our Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
13. Use of Software
CyWee may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms and Conditions of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You shall not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You shall not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code unless where expressly permitted by the law. You shall not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You shall not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut sown the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
You agree to fully comply with all import and export laws, regulations, rules and orders of Taiwan, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person wherever located, without proper authorization from Taiwan and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility fir and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
14. DISCLAIMER OF WARRANTIES
WE PROVIDE OUR SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH OUR SERVICES AND SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIME OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE.
15. LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CYWEE IS TO DISCONTINUE YOUR USE OF OUR SERVICES. IN NO EVENT SHALL CYWEE’S LIABILITY, OR THE LIABILITY OF OUR SUBSIDIARIES, AFFILIATES, AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF A SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
CYWEE, OUR SUBSIDIARIES, AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL PR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, AFFILIATES, AND OUR SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent, subsidiaries, and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
17. International Use
We make no representation that Content on the Services is appropriate or available for use in locations outside Taiwan, and accessing it from territories where the Content is illegal is prohibited. If you choose to access a Service from a location outside Taiwan, you do so on your own initiative and you are responsible for compliance with local laws.
18. Choice of Law and Location for Resolving Disputes
You agree that the laws of Republic of China govern this contract and any claim or dispute that you may have against us, without regard to the conflict of laws rules of Taiwan, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Taipei, Taiwan and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE DISTRICT COURT OF TAIPEI, TAIWAN OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOUR SELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN TAIPEI, TAIWAN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
19. Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between you and CyWee and supersede all previous written or oral agreements. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use CyWee’s Services automatically terminates if you violate these Terms and Conditions of Use or any rules or guidelines posted in connection with our Services. We also reserve the right, in our sole discretion, to terminate your access to all or part of our Services, for any reason, with or without notice.
CyWee and the CyWee logo are registered trademarks of CyWee Group Ltd. iPhone, iPod, and iPad touch are trademarks of Apple Inc., registered in the U.S. and other countries. iPad is a trademark of Apple Inc. “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance. All other trademarks are the property of their respective owners.