These Terms of Use (the “Terms”) are applicable to all the [products and] services provided on this platform (the “Services”).  This platform is built and operated by [ HOKI VPET INC ] (the “Company”).  Please read the following contents closely. Your use of the Services shall be deemed as your agreement on the Terms. 

 

The Company reserves the right to make amendments to any of the Terms, when it considers necessary, without prior notice to users. The amendments shall take effect upon publication of the same on the Platform.  Please refer to the latest version of the Terms periodically or at any time when visiting the Platform.  If you continue to use the Services after such change to the Terms, it shall be deemed that you have accepted the respective revisions. 

 

In the event that there are any specific terms of use applicable to certain Services, you must also observe those special terms so as to use the related Services.  In case of any conflict between the Terms and such special terms, the special terms shall prevail.

Updates on Services or Software
Users may from time to time be requested to update the software in order to continue their use of the Services.  The Terms shall also be applicable to such updates; however, when the update is accompanied by other terms, those terms shall prevail.  In no event shall the Company be obligated to make any updates available to users.

Service Fees and Right of Use
If a fee for a specific time period and other conditions are required for certain Services, users shall observe the relevant requirements and conditions so as to use such Services.  The Company grants to users only a right of use and access, subject to satisfaction of the applicable requirements for the related Services.  Even if the words “purchase”, “sale” and other similar words are used in the Platform, the intellectual property rights and other rights of the Services shall in no event be conveyed or assigned to users.
 

Software License
The copyrights of all the software and programs provided on the Platform are respectively owned by the Company or other third parties who have a cooperative relationship with the Company.  Users are solely licensed to use the software, subject to full satisfaction of the applicable requirements, and will in no event purchase or acquire any ownership of the software. Users may not conduct any of the following:

• evade or circumvent any technical protection mechanism embodied in or built for the software and Service;

• unless otherwise explicitly permitted by the relevant laws, attempt any disassembling, decompilation, decipherment, decryption, simulation, application or any other reverse engineering of any software, programs or other interfaces contained in or accessible through the services;

• split the components of software or Services and install them on various devices;

• unless otherwise explicitly authorized by the Company, publish, copy, rent, lease, sell, export, import, disseminate or loan software or Services, in part or in whole;

• assign to a third party the software, any license thereof or any right of use or access to Services;

• use the Services in a manner that may interrupt others’ use of any services, data or accounts; or

• allow or enable unauthorized third-party applications to access or modify any devices authorized under the Platform.

Protection of Personal Data

The Company respects users’ privacy and will abide by the relevant laws as well as the Privacy Policy published on the Platform to properly handle the personal data of users.  The Company undertakes to implement techniques and measures to industrial standards in the strict security management of such data collected from users.

Third Party [Products/Links]
In the event that the Platform provides [links to] any products, services or contents offered by a third party who has a cooperative relationship with the Company, the liabilities incurred by or in connection with such products, services or contents shall be fully and solely borne by the respective providers or operators.

Suspension of Service
Users may not engage in any misconduct while using the Services.  In the event of any violation of the following kind, the Company shall have the right at its sole discretion to suspend or terminate services to such user in breach:

• violating any requirement of the Terms;

• violating any laws or regulations, court judgments, rulings or orders, or any legally binding administrative measures;

• committing any act that may endanger public order or good morals;

• committing any infringement on the Company’s or a third party’s intellectual property rights, such as copyrights, trademarks and patents, rights, or goodwill, privacy or any other rights provided for by laws or contracts;

• committing any act that may interfere with the server or network system of the Services, improperly using Services through deployment of BOT, cheating tools or other technical means, deliberately using the loophole of the Services to put forth improper inquiries or requests to the Company by repetitively raising the same questions to an extent beyond necessary, obstructing normal operation of the Services or interfering others’ use of the same; or

• committing any act that is deemed inappropriate by the Company at its discretion.

Liabilities of Users 

Users shall be responsible for their use of the Services and be fully liable for all the consequences induced by their conduct with respect to the Services.  In the event that the Company considers a user in breach of any requirement under the Terms during her use of the Services, it will take countermeasures as deemed necessary and appropriate at its sole discretion.  Notwithstanding the above, the Company is under no obligation to prevent or remedy such violation.  In the event that any damage is incurred directly or indirectly to the Company (including reasonable attorney fees) as a result of the use of Services by a user (including a claim received by the Company from a third party due to such use of Services), the user shall forthwith compensate the Company for such damage at the Company’s request.

Disclaimer

With respect to the information and contents on this Platform, even though the Company has exercised reasonable care and diligence  before publishing the same, the Company makes no representation or warranty whatsoever regarding the accuracy, up-to-dateness, completeness or normal operation on the network.  The Company neither expressly nor implicitly guarantees that the Services and the contents therein are free from factual defects (including but not limited to flaws, mistakes, program errors or infringement of rights concerning safety, security, reliability, accuracy, completeness, efficacy or suitability for specific purposes). To the utmost extent permitted by law, the Company shall not be liable to users for any damage incurred by the Services. In case that the Company is held liable under the applicable laws, its liability shall in no event extend to any indirect, special, incidental or consequential damages, including those damages foreseen or foreseeable by the Company or the user, and shall not exceed the total amount of fees actually received from such user in the month in which the damage occurs.

 

Right of Final Interpretation
The Company reserves the right of final interpretation for any events and restrictions with respect to the Services.

Trademarks

All the trademarks and names of Services of the Company used on this Platform are protected by the applicable laws governing trademarks and fair trade based on their status of registration or use.  Other trade names, trademarks, brands or logos of a third party used on this Platform are proprietary property of the respective company. Unless otherwise authorized in writing by the Company in advance, all the names and logos of the Platform and the Company are prohibited from being used for advertising purposes or to the public.

Governing Law and Jurisdiction
The Terms shall be governed by the laws of Taiwan, the Republic of China. In case of any dispute arising out of or related to the Services, such dispute shall be subject to the jurisdiction of Taiwan Taipei District Court.