Terms of Service
1. Acceptance of Terms
FOODWEAR Oree Enterprise Co Limited, a company incorporated in Taiwan, Republic of China (hereinafter referred to as “FOODWEAR”), provides FOODWEAR services (defined below) subject to the following Terms of Service ("TOS"). By using FOODWEAR 's services, it is presumed that you have read, understood, and agree to be bound by the terms and provision of the TOS. In addition, when using particular FOODWEAR services, you and FOODWEAR shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules (including but not limited to our Spam Policy) are incorporated by reference into the TOS.
FOODWEAR reserves the right to revise or update the content of the TOS at any time. Therefore, it is recommended that you review the TOS regularly. By continuing to use our services after any revision or updates to the TOS, it is presumed that you have read, understood, and agreed to the revisions or updates. If you do not agree with the content of the TOS, or your country or area excludes our TOS, please stop using our services immediately.
If you are under 18 years of age, and you use or continue to use our services, it is presumed that a parent or legal guardian has read, understood, and agree to the content of the TOS and its subsequent revisions or updates.
2. Links to Third Party Websites
FOODWEAR or companies that help us provide services may provide links to external websites or online resources. By clicking on third party links on FOODWEAR 's platforms, you acknowledge and agree that FOODWEAR is not associated with, responsible for, or endorses any content, advertising, products, or other materials on or available from such sites or resources. All external websites operated by third parties are the sole responsibilities of their web operators and therefore beyond FOODWEAR 's control and responsibility. FOODWEAR cannot guarantee the appropriateness, reliability, timeliness, effectiveness, correctness, and completeness of external websites.
3. Your Registration Obligations
In consideration of your use of FOODWEAR 's services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by FOODWEAR 's registration form; and (b) maintain and promptly update the above-mentioned information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or there is reason to suspect so, FOODWEAR has the right to suspend or terminate your account and deny your use of all, or part, of our services.
4. User Account, Password, and Security
Upon completing the registration process for using our services, you are responsible for maintaining the confidentiality of your account and login details (username and password). In addition, you agree to (a) immediately notify FOODWEAR of any unauthorized use of your account or account login or any other breach of security; and (b) ensure that you log out from your account at the end of each session.
5. Protection of Minors
The Internet contains information that is not suitable for minors, such as those containing pornographic or violent content, which may result in mental, spiritual, or physical harm to minors. Therefore, in order to ensure safety on the Internet for minors, and to avoid privacy breaches, a minor's parent or legal guardian shall have the obligation to:
6. User's Legal Obligation and Commitment
You agree to never use FOODWEAR 's services for any illegal purpose or in any unlawful manner, and undertake to comply with related laws of the Republic of China (Taiwan) and all international practices for Internet use. If you are a user outside the Republic of China, you agree to comply with the laws of your country or region. You agree and pledge not to use FOODWEAR 's services to infringe on the rights or interests of others, or for any illegal conduct. You agree not to use FOODWEAR 's services to:
(a) upload, post, publish, email, transmit, or otherwise make available any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that is libelous, defamatory, unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, false, invasive of another's privacy, hateful, or that violates or incites violation of public order, or that is racially, ethnically, or otherwise objectionable;
(b) upload, post, publish, email, transmit, or otherwise make available any Content that violates or infringes on another person's reputation, privacy, trade secrets, trademark, copyright, patent rights, other intellectual property rights, or other rights;
(c) upload, post, publish, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law, or under contractual or fiduciary relationships;
(d) impersonate any person or entity including using another person's name to use our services;
(e) upload, post, publish, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(f) engage in illegal transactions, post false or erroneous messages, or post message that induce others to commit crimes;
(g) upload, post, publish, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) harm minors in any way;
(i) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through our services;
(j) interfere with or disrupt the our services, or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services including using any device, software or routine to bypass our robot exclusion headers;
(k) "stalk" or otherwise harass another, or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs "a" through "j" above; and/or
(l) to conduct any other activity or behavior that FOODWEAR sees as inappropriate on reasonable grounds.
7. System Interruptions or Breakdowns
When accessing FOODWEAR 's services, you may at times encounter interruptions or breakdowns. This may lead to inconvenience during use, loss of information, errors, unauthorized alteration, or other economic losses. We advise that you take protective measures when using our services. FOODWEAR will not be liable for any damage caused by your use (or inability to use) our services, unless it is caused by us intentionally or due to gross negligence on our part.
8. Information or Suggestions
FOODWEAR does not guarantee the complete correctness and accuracy of information or suggestions acquired from your use of our services or other websites connected to our services (including but not limited to business, investment, medical, or legal information or suggestions). FOODWEAR reserves the right to modify or delete at any time any information or suggestion provided under our services. Before making plans and decisions based on information or suggestions obtained from our services, you must obtain professional advice in keeping with your individual requirements.
FOODWEAR may cooperate at any time with third parties ("Content Providers"), which may provide news, information, articles, video, e-newsletters, or activities for posting on FOODWEAR. FOODWEAR will state the Content Provider in all cases at the time of posting. Based on the principle of respect for the intellectual property rights of Content Providers, FOODWEAR shall not perform any substantial review or revision of content from such Content Providers. You should make your own judgments concerning the correctness or authenticity of such content. FOODWEAR shall not be held liable for the correctness or authenticity of this type of content. If you feel that certain content is inappropriate, infringes on others' rights, or contains falsehoods, please directly contact the Content Provider to state your views.
All advertising content, text or picture descriptions, display samples, or other marketing information that you see when using our services ("Advertisement"), are designed and provided by their advertising companies, or product or service suppliers. You should exercise your own discretion and judgment about the correctness and reliability of any Advertisement. FOODWEAR only posts the Advertisement. FOODWEAR shall not assume responsibility for any Advertisement.
10. Sales or Other Transactions
Suppliers or individuals may use our services to buy and/or sell (trade) products, services, or other transactions. If you engage in any transaction, the trade or other agreement exists between only you and the supplier or individual. You should request from such suppliers or individuals to provide prior detailed explanations and descriptions of their products, services, or other object of transaction in terms of the quality, content, shipping, warranty, and liability for warranty against defects. In case of any dispute arising out of a trade, service, or other transaction, you should seek remedy or resolution from the relevant supplier or individual.
11. Protection of Intellectual Property Rights
The programs, software, and all website content employed by FOODWEAR, including but not limited to product information, images, files, website frameworks, website interface infrastructure, and webpage designs, and user content, shall in all cases constitute intellectual property rights legally in the possession of FOODWEAR or other rights holder. Such intellectual property rights shall include but not be limited to trademarks, patent rights, copyrights, trade secrets, and proprietary technologies. No persons may willfully use, modify, reproduce, broadcast, transmit, publicly perform, adapt, disseminate, distribute, publish, restore, decode, or disassemble of said intellectual property. You may not quote, reprint, or reproduce the above-mentioned programs, software, and website content, without prior written permission from FOODWEAR or the copyright owner, except when clearly permitted by the law. You must fulfill your duty to respect intellectual property rights, or bear full responsibility for any damage. In order to market and promote our services, product or service names, images, or other propriety materials related to these services belonging to FOODWEAR and its affiliates (“FOODWEAR Trademarks”) are protected by the Trademark Act and Fair Trade Act of 2010 according to their registration or usage. You agree not to use FOODWEAR Trademarks in any way, without prior written permission from FOODWEAR.
FOODWEAR may communicate legal or other relevant regulatory notices, including those regarding changes to the TOS, using but not limited to the following channels: email, postal mail, SMS, MMS, text message, postings on our services' webpages, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing our services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
13. Image Use Rights
FOODWEAR reserves the right to use any information or image produced or uploaded by members on our website, for the development of advertising materials with the aim of marketing and brand-promotion, subject to the Personal Information Protection Act and Intellectual Property Act.
You agree that FOODWEAR may, at its own discretion, terminate, limit access to, or suspend your FOODWEAR account (or any portion thereof), or the usage of these services, or remove or delete any “member content” within these services for any reason. Reasons for termination, access limitation, or suspension include, but are not limited to, (a) extended periods of inactivity, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to FOODWEAR services (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, (f) nonpayment of any fees owed by you in connection with the Yahoo Services, and/or (g) breaches or violations of the TOS or other incorporated agreements or guidelines. In addition, you agree that FOODWEAR may, according to its discretion, with or without notice, at any time terminate or limit your usage of these services or any portion thereof. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in FOODWEAR 's sole discretion and that FOODWEAR shall not be liable to you or any third party for any termination of your account or access to these services.
15. General Information
The TOS constitutes the entire agreement between you and FOODWEAR and governs your use of the FOODWEAR 's services, superseding any prior version of this TOS between you and FOODWEAR with respect to FOODWEAR 's services. In all cases, the explanation and application of the TOS, and any disputes concerning the TOS, unless otherwise stipulated by law, shall all be handled according to the laws of the Republic of China, and the Taiwan Taipei District Court shall be the court of first instance.
The failure of FOODWEAR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect. Please report any violations of the TOS to our Community Team.