Terms of Service
Acceptance of terms
Twincl Inc. ("Twincl") provides the Twincl Services (the services of twincl.com and all its subdomains) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://twincl.com/company/terms. By accessing and using the Twincl Services, you accept and agree to be bound by the terms and provision of the TOS. If you do not accept and agree the TOS, or the laws and regulations of your country preclude parts of the TOS, you should stop using the Twincl Services immediately.
If you are under the age of 18, in addition to the above terms, through your use of the Twincl Services your parents or custodian must also accept and agree to the TOS and its subsequent updates.
Your registration obligations
You agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Twincl Service’s registration form (the "Registration Data"), and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Twincl has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Twincl has the right to suspend or terminate your account and refuse any and all current or future use of the Twincl Services (or any portion thereof).
Member account, password and security
You will obtain a password and account designation upon completing the Twincl Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to:
- immediately notify Twincl of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session.
Protection for children and teenagers
To protect children and teenagers from Internet abuse or privacy invasion, the parents or custodian should accompany your child under the age of 12 during the use of the Twincl Services, and/or consider whether any of the Twincl Services is appropriate for your child between the age of 12 and 18.
Paid members and membership fee
Some areas of the Twincl Services are only available to paid members under certain circumstances. Mermemership is acquired through mermemership subscription. Depending on the subscriber’s choice, each subscription period is 3 months or 1 year, and the membership fee cannot be redeemed once the period begins. The membership fee and subscription period are listed on the Membership Subscription area of the Twincl Services, and may be updated by us from time to time. You understand that the membership fee is for and only for making some areas of the Twincl Services available to paid members under certain circumstances and does not preclude any term of the TOS.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Twincl does not control the Content posted via the Twincl Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Twincl Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Twincl be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Twincl Services.
You acknowledge that Twincl may or may not pre-screen Content, but that Twincl and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Twincl Services. Without limiting the foregoing, Twincl and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Twincl may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of Twincl, its users and the public.
You agree to not use the Twincl Services to:
- upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- impersonate any person or entity; or
- upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising or promotional materials.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
Use of the Twincl Services and transfer, posting and uploading of software, technology, and other technical data via the Twincl Services may be subject to the export and import laws of Taiwan and other countries. You agree to comply with all applicable export and import laws and regulations.
Content submitted to Twincl
You agree that all Content that you contribute to the Twincl Services is perpetually and irrevocably licensed to Twincl under the Creative Commons Attribution 4.0 International License ("CC BY 4.0"). You grant Twincl the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Content and to allow others to do so in any medium, even if such Content has been contributed and subsequently removed by you. You warrant, represent and agree you have the right to grant Twincl the rights set forth above and will not contribute any Content that infringes, violates or otherwise interferes with any copyright, trademark or intellectual property right of another party.
You agree to indemnify and hold Twincl and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Twincl Services, your use of the Twincl Services, your connection to the Twincl Services, your violation of the TOS, or your violation of any rights of another.
Disclaimer of warranties
You expressly understand and agree that:
a. Your use of the Twincl Services and software are at your sole risk. The Twincl Services and software are provided on an "AS IS" and "AS AVAILABLE" basis. Twincl and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
b. Twincl and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Twincl Services or software will meet your requirements; (ii) the Twincl Services or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Twincl Services or software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Twincl Services or software will meet your expectations; and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the Twincl Services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, Internet access, download or display device, or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Twincl or through or from the Twincl Services or software shall create any warranty not expressly stated in the TOS.
Limitation of liability:
You expressly understand and agree that Twincl and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Twincl has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Twincl Services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Twincl Services; or (e) any other matter relating to the Twincl Services.
Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Twincl Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Twincl shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Twincl Services.
Twincl’s proprietary rights
You acknowledge and agree that the Twincl Services and any necessary software used in connection with the Twincl Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Twincl Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Twincl or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Twincl Services, such Content or the Software, in whole or in part.
Twincl grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Twincl Services. You agree not to access the Twincl Services by any means other than through the interface that is provided by Twincl for use in accessing the Twincl Services.
You agree that Twincl may, without prior notice, immediately terminate, limit your access to or suspend your Twincl account and access to the Twincl Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Twincl Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Twincl Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Twincl’s sole discretion and that Twincl shall not be liable to you or any third party for any termination of your account or access to the Twincl Services.
Termination of your Twincl account includes any or all of the following: (a) removal of access to all or part of the offerings within the Twincl Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Twincl Services.
Choice of law and forum
You and Twincl each agree that the TOS and the relationship between the parties shall be governed by the laws of Taiwan (R.O.C.) without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Twincl, shall be brought exclusively in Taiwan Taipei District Court located in the city of Taipei, Taiwan.
Last updated December, 2015