Terms of Service
Thank you for visiting our website (http://qoolquiz.com, the “Website”) and using our services, provided by QoolQuiz Inc. (the “Company”)
By accessing or using our services, either through our Website or others means, you are in due agreeing to these Terms of Service. Do not access or use our services if you do not agree to the conditions set forth by our Terms of Service.
Article 1 (Purpose)
The purpose of the Terms of Service is to establish the rights, obligations, liabilities and conditions for the use of our services and their associated required measures by all users.
Article 2 (Notification and Revision)
1. The Terms of Service is open to the public and readily accessible on our Website, and may be sent in the form of texts to users via e-mail for notification purposes.
2. The Terms of Service may be revised to the extent permitted by law and other relevant regulations when necessary, and in which case, the company shall notify users of such revision by posting the reason for such revision and the date in which it takes effect at least seven (7) days prior to the new terms going into effect.
Any revision to the Terms of Service that may be unfavorable to the users shall be notified together with the effective date and the associated reason for such revision, along with the Terms of Service prior to the revision for a period of thirty (30) days, ending on the date in which the revision goes into effect. Users shall be clearly and separately notified of all contents and information related to the revision.
Article 3 (Applicable Provisions other than the Terms of Service)
Matters not specified herein shall be governed by the Framework Act on Telecommunications, the Telecommunications Business Act and other applicable laws and regulations.
Article 4 (Taking Effect)
By using our services, you are agreeing to the following terms. The company may utilize cookies to keep an account of users’ visits to our Website. The company may combine cookies with information the users have provided through using our services, but at the same time don’t collect or archive any information associated with personal identification.
Article 5 (Service Hours)
1. Our services are provided all year round, twenty four hours a day, seven days a week, unless in the occurrence of technical difficulties, scheduled maintenance, or any other emergency circumstantial matters.
2. We may restrict or suspend the provision of certain or all of our services if circumstantial difficulties were to occur resulting in the malfunction of services.
3. We may divide up the services and designate specific service hours for each individual service. In such case, we would notify all users of such change in schedule.
Article 6 (User Obligations)
1. While in connection with our services, no users shall commit any of the actions described below:
a. Using any information or contents provided by the Company for anything other than the users’ private use, unless preapproved by the Company. Copying, redistributing or providing any materials or contents from the Website for publication, broadcasting purposes, or to a third party for similar purposes.
b. Distributing any information that may infringe the patents, trademarks, copyrights, or any other information property rights to a third party through any means.
c. Distributing obscene or vulgar information or figures that may harm the society through our services or on our website.
d. Any action that may result in or relate to any criminal offense.
e. Any action that may violate laws or regulations relevant to copyrights or telecommunications.
2. All users shall comply with the terms and conditions set for by the Terms of Service.
3. Conducting any business activities via our services without the written consent of the Company, and the Company would not be held accountable or liable for the consequences of such activities. If the Company was to suffer losses as a result of such activities, must then be compensated for by such users.
4. Selling products using our services without the written consent of the Company, especially through illegal advertisements or the distribution of illegal software programs. The Company shall not be liable for the losses and/or punishments by related authorities due to such activities or any other legal actions that may arise as a result of the users’ failure to comply with the above provisions.
Article 7 (Transactions with Advertisers)
The Company shall not be liable for any losses or damages sustained by users as a result of the users’ participation in activities of advertisers conducted through our services or described as part of our services, or as a result of the users’ communication or transactions with advertisers.
Article 8 (Restriction of Use)
If a user was to commit any of the following acts, the Company may suspend the user’s use of the services without notice for a certain period of time:
a. If the user intentionally interfered with the operation of our services.
b. If the user intentionally spread or disseminated content that harms the societal well-being, or the morals and customs of the community
c. If the user planned to use or used the services for the purpose of undermining the public interest of society
d. If the user committed an act that harms or is detrimental to another person
e. If the user transmitted large volumes of information of advertising nature in trying to interfere the operation of our services
f. If the user spread or disseminated a computer virus that may cause malfunction of systems and/or communication equipment and facilities or the loss of information
g. If the user infringed the intellectual property rights of the Company, of another user or of a third party.
h. If the user copied or distributed any unauthorized information or content using the services of the Company
i. If the user violated any of the terms of use established by the Company or any relevant laws or regulations
Article 9 (Content and Content Rights)
1. Content Ownership, Responsibility and Removal
The company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, the company and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
2. Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to the company a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. The license you granted the company ends when you delete your User Content or your Account unless your content has been shared with others, and they have not deleted it.
You are solely responsible for all your User Content. You represent and warrant that you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the company on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content from the Service.
Article 10 (Compensation for Damage)
The Company shall not be liable nor held responsible for any damage that the users may sustain while in connection with his/her use of our services provided free of charge, unless as a result of misconduct or gross negligence by the Company.
Article 11 (Exemption Clause)
1. The Company shall be exempt from responsibility for provision of the Services if such inability to provide the Services is due to a force majeure event equivalent thereto.
2. The Company shall not be liable to a User for a technical difficulty involving the use of the Services if such difficulty is due to a cause attributable to such User.
3. The Company shall not be liable for loss of profit that a User expected to enjoy using the Services or the damage incurred by a User due to data obtained through the Services.
4. The Company shall not be liable for the reliability and, accuracy of the information, data, or facts posted by the Users on the Services.
5. The Company shall not be liable for damage incurred by a User in connection with use of the Services, to the extent that such damage is due to willful misconduct or negligence on the part of such User.
6. The Company shall not be liable for any User’s penal responsibility stemming from information posted on the Website by such User infringes the copyright or program copyrights of other persons.
Article 12 (Jurisdiction and Governing Law)
1.These Terms of Service will be governed and constructed in accordance with the laws of the Republic of China.
2.In the case that a dispute breaking out between the Company and a user leading to the filing of a lawsuit, the competent court will be the court determined pursuant to the procedures stipulated in laws; provided that a dispute between a user whose address is outside of Taiwan and the Company will be subject to the jurisdiction of the Central Court of Taiwan.
[Supplementary Provisions]
Current Terms of Service is effective starting as of June 8th, 2016.