TERM OF GENIUS SERVICE
1. ACCEPTANCE OF TERMS
KYE Systems Corp. (“Genius”) provides the Genius Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time in this website without prior notice to you. By accessing and using the Genius Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Genius owned or operated services, you and Genius shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified in due course. All such guidelines or rules, if any, are hereby incorporated by reference into the TOS. Genius may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted accordingly when available.
Unless explicitly stated otherwise, any new or updated features or extend the current Genius Services shall be subject to the TOS. You understand and agree that the Genius Services is provided “AS-IS” and that if some part of this service or any other related Genius Service experiences temporary disconnection, time delay, failure to transmit or restore data, or any loss resulted from infiltration by any third party, you agree not to claim any compensation from Genius, and its related enterprises.
You are responsible for obtaining access to the Genius Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and you are responsible for all equipment necessary to access the Genius Services.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Genius Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Genius Services under the laws of Taiwan or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Genius Service’s registration form (the “Registration Data”) and (b) 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 Genius has reasonable grounds, at Genius soly discretion, to suspect that such information is untrue, inaccurate, not current or incomplete, Geniusmay not provide you the the best service
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Genius 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 password or account. You agree to (a) immediately notify Genius of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Genius cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. MEMBER CONDUCT
You agree not to use the Genius Services to:
a. make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
b. impersonate any person or entity, including, but not limited to, a Genius official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. “stalk” or otherwise harass another.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Genius may establish general practices and limits concerning use of the Genius Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Genius Services, and the maximum number of times (and the maximum duration for which) you may access the Genius Services in a given period of time. You agree that Genius has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Genius Services. You acknowledge that Genius reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that Genius reserves the right to modify these general practices and limits from time to time.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE GENIUS SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE GENIUS SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENIUS 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. GENIUS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE GENIUS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE GENIUS SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GENIUS 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 GENIUSSERVICES 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 GENIUS 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 OR CAUSE TO CLAIMS 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 GENIUS OR THROUGH OR FROM THE GENIUS SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE GENIUS SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE GENIUS SERVICE. IMMEDIATELY DISCONTINUE USE OF THE GENIUS SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE GENIUS SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
8. GENIUS PROPRIETARY RIGHTS
You acknowledge and agree that the Genius Services and any necessary software used in connection with the Genius 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 Genius Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and fair trade laws. Except as expressly permitted by applicable law or as authorized by Genius 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 Genius Services and Genius’s website, such Content or the Software, in whole or in part.
9. MODIFICATIONS TO GENIUS SERVICES
Genius reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Genius Services (or any part thereof) with or without notice. You agree that Genius shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Genius Services (or any part thereof).
You may terminate your Genius account, any associated email address and access to the Genius Services by submitting such termination request to Genius
You agree that Genius may, without prior notice, immediately terminate, limit your access to or suspend your Genius account, any associated email address, and access to the Genius 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 Genius 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 Genius Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Genius sole discretion and that Genius shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Genius Services.
Termination of your Genius account includes any or all of the following: (a) removal of access to all or part of the offerings within the Genius 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 Genius Services.
11. Dispute Resolution:
You acknowledge and agree that any dispute or issue is governed and construed according to the law of Republic of China, without reference of conflict of law provisions.
Any dispute or issue shall be settled by binding decision of arbitration, such arbitration shall take place before The Chinese Arbitration Association located in Taipei, Taiwan, republic of China, and shall be governed by Taipei Arbitration Rules (“CAA Arbitration Rules”). Any participator or users hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrants’ actual out-of-pocket expenses (i.e. costs associated with entering Genius website), and entrant further waives all rights to have damages multiplied or increased.
Last updated Nov., 2016