Membership Terms of Service

You are welcome to use ShareParty's website, digital products, mobile applications, online messaging services and other related services ("Services" or "Site" or "App"), which are operated by ShareParty Insight Co., Ltd. (hereinafter referred to as the Company or us), in accordance with the following "ShareParty - Membership Terms of Service" (hereinafter referred to as "Terms"). In order to protect your rights, please read these Terms and the Privacy Policy, as well as other Terms that will be announced in the future, when you start to use the Services, and you must abide by the following Terms.

1. Acceptance of the Terms

a. When you become a member of the Services or start to use the Services, it means that you have read, understood and agreed to accept all the contents of the Terms and fully accept the existing and future derived or changed service contents of the Services. In addition, when you use the Company's specific services, you may be required to comply with the Company's separately announced membership Terms or related regulations depending on the nature of the specific services. Such separately announced Terms or related regulations are incorporated as part of the Terms.

b. The Company has the right to amend the Terms at any time and the amended Terms shall take effect immediately upon the date of public posting and shall supersede the previous Terms. Your continued use of the Company's Services constitutes your acceptance of such amendments. When you use specific Services of the Company, you are subject to the guidelines and rules of public posting (and re-posting from time to time) of that specific Services. These guidelines and rules form part of the Terms of Service.

c. You represent that you are at least 18 years old and have full legal capacity to agree to these Terms. ShareParty is not intended for persons under 18, and persons under 18 may not register or use the Service.

2. Service description

a. You understand and agree that the Services may include necessary advertisements for the Company to provide the Services. You understand and agree that the Services may include certain notices from the Company, such as service announcements and administrative messages, which are part of the Services. Unless otherwise expressly provided, any new features added to or enhancements made to the Services (including new products introduced) are subject to the Terms.

b. You understand and agree that the Services are provided on an "as is" basis. The Company shall not be liable for any damages resulting from the timeliness, deletion, transmission errors, or failure to store any user communications or personal settings.

c. For Taiwan users only, rewards may be subject to tax reporting or withholding under Taiwan law. For users outside Taiwan, rewards may be subject to tax rules in your country, and you are responsible for your own tax obligations. ShareParty will request government identification only where required by applicable law or necessary to verify a lawful redemption, and only to the minimum extent required.

d. We reserve the right to suspend the Services in whole or in part for repair, maintenance, update or other work as we deem appropriate. You are responsible for obtaining the Services yourself and for any third-party costs associated with them (such as Internet providers or hourly rates), including costs associated with the display or transmission of advertisements. In addition, you must provide and are responsible for all necessary equipment required to access the Services.

3. Description of the Services

a. All information or services provided through the Company, including all contents on the Site, any applications and platform services provided through the Company, the text, images, audio and video thereof, are the property of the Company or other legal rights holders, and the Company and other legal rights holders reserve all rights. Users are prohibited from forwarding text, images, audio and video in any form to third parties. The Company reserves the right to pursue legal actions against any infringing party.

b. The Company may obtain personal data from users when providing the Services. The use and storage of users' personal data is in accordance with the Privacy Policy (hereinafter referred to as the Privacy Policy). Users have the right to request a copy of their personal data records stored in the Company's systems through written inquiry. In order to ensure the privacy of the user’ personal data, the Company may ask the person requesting a copy of the personal data records to provide proof that authenticates the identity of the user.

c. In accordance with this Privacy Policy, the Company will not disclose the personal data of users to any third party except with your consent or to assist governmental agencies in their investigations; however, the Company has the right to inform users of the membership services or promote the Company's or advertising customers' products or services or event promotion information from time to time by SMS or email, newsletter, advertising letter or other means.

d. The reception quality of the Services is subject to the prevailing network conditions. If the network is busy or blocked, users may be affected or interrupted in receiving the information and Services provided by the Company. The Company does not guarantee that the items in the Services will meet your requirements and will be stable, error-free and uninterrupted, and users should understand that they bear any risk and any losses or damages that may arise from using the Services; the Company does not guarantee that any data and files downloaded from the Company's Applications will be free of viruses and harmful software. The Company is not responsible for any damage caused by viruses or harmful software. The Company shall not be liable for any damages to your computer system or loss of data or other losses caused by the malfunction or damage of the network system, hardware or software of our partners, suppliers or related carriers or by the negligence or error of others during operations, resulting in interruption of the Services, temporary unavailability, delay, data transmission or storage errors, or by third party intrusion for tampering or falsification of data. You are solely responsible for and agree to indemnify and hold harmless the Company from any damages and losses arising from the use of the Software. The Company shall not be liable for direct or indirect damages arising from downloading Applications from the Services.

e. Users are responsible for Internet access charges and other data transmission fees, whether transmitted over the Internet (e.g., a fixed dial-up network, broadband, etc.) or data services provided by mobile phone service providers (e.g., GPRS, EDGE, 3G, 4G, 5G, etc.) or other wireless Internet services (WiFi) transmission. The mobile carrier will charge you for authenticating your cell phone, downloading software, browsing the App and other services through the mobile carrier's network. Such charges are subject to the Terms and conditions of the contract between you and the individual mobile carrier. The Company shall not be responsible for any contract entered into between the user and the individual mobile carrier.

f. Fair Use Policy: In order to ensure that we provide high quality services to our users, the Services are governed by this Fair Use Policy and you should not use the Services in the following circumstances, including but not limited to:

- On any automated machine-to-machine application.

- Any action that adversely affects the Company’s ability to provide, complete or maintain the quality of the network or other services.

- Any intentional improper use of the Services that causes loss or damage to the Company, such as using the Services for commercial purposes or reselling the Services.

- Use the Applications on any mobile device (including but not limited to cell phones, tablet computers and wearable devices) that are not owned or controlled by you

- If the Company believes that a user has violated the Terms, we have the right to immediately terminate the user's usage of some or all of the Services and take appropriate action to stop the violation.

- In reasonable circumstances, the Company has the right to require the user to reduce the amount of usage if the user overuses. If no improvement is made, the Company shall have the right to limit the usage and charge the user additional fees, or suspend/terminate the Services.g. The Company has the right to suspend or terminate all the user's accounts for the Services provided by the Company or terminate all contracts for the Company's information services if the user uses the Services in any of the following circumstances, and the user will bear all legal responsibilities; and the Company will refuse to provide all information services to that user while the suspension period is still in effect.

- Anyone who steals, alters, or destroys the Company's information.

- Anyone who reproduces service information for resale or re-printing without permission.

- Anyone who retrieves our resources that is not officially opened or authorized by the Company.

- Anyone who endangers communications or affects the rights of other customers.

- Anyone who affects the operations of the system or burdens the system, or interferes with the Applications or their related software, hardware or servers.

- Anyone who violates the laws of his or her country or region of residence.

- Log in to more than three different accounts through a single device.

h. Membership registration:

You agree to the following:

- You shall provide accurate, precise, current and complete data about yourself as prompted by the contents of this service registration (the foregoing data is hereinafter referred to as "Member Data").

- You shall maintain and immediately update the “Member Data” to ensure that it is correct, accurate, current and complete. If you provide any data that is incorrect, inaccurate, outdated, incomplete or misleading, or if the Company has reasonable grounds to suspect that the foregoing data is incorrect, inaccurate, outdated, incomplete or misleading, the Company reserves the right to suspend or terminate your account and refuse all or part of your present and future use of the Services. The Company cares about the safety and privacy of all users (especially children).

- The contents of the Services for individual members may be adjusted in response to operational needs.

- The Company's retention or use of "Member Data" and other data about you is governed by laws relating to personal data and the provisions of the Company's “ShareParty-Privacy Policy”. For the full text of the Privacy Policy, please refer to: <https://www.sharepartyinsight.com/privacy.html>.

- For Taiwan users only, rewards may be subject to tax reporting or withholding under Taiwan law. For users outside Taiwan, rewards may be subject to tax rules in your country, and you are responsible for your own tax obligations. ShareParty will request government identification only where required by applicable law or necessary to verify a lawful redemption, and only to the minimum extent required.

- You agree to participate in the collaborative project provided by our company and consent to our company sharing the personal information you registered on ShareParty (including but not limited to your name, gender, date of birth, email, address, etc.) with cooperating third-party market research agencies for the purposes of identity verification and task matching. The aforementioned information shall only be used by the cooperating parties within the scope of the collaborative project, shall not be provided to other third parties, and shall be used solely for analysis. All data will be handled with strict confidentiality and will not be disclosed externally in any personally identifiable form. You may contact customer service at any time to withdraw from the project, and the cooperating parties will immediately cease using and updating your information upon withdrawal.

i. Member account, password and security - You need to set up an account and password to register for the Services, and each member can only register for one member account. We reserve the right to terminate the Services for any member account that the Company alone determines to be fake, irregularly registered or fraudulently used by another person. You understand that it cannot be changed once an account is set up, while passwords can be changed on the Services. You are responsible for maintaining the confidentiality of your password and account. You are solely responsible for all actions taken with your password and account, unless you can prove they are not attributable to you.

- You should keep your account and password by yourself. If you find that your account and password have been used improperly, you should notify ShareParty immediately and help to provide specific evidence. However, the relevant measures taken by the Company are for the protection of members' rights and interests, and do not constitute any express or implied guarantee or liability to you. The Company shall not be liable for any compensation for the illegal use of the member account and password.

- If you use a public computer or equipment in the Services, please log out your member account after each use. The Company cannot and will not be responsible for any losses or damages arising from your failure to comply with this provision.

j. Member behavior

- You understand and agree that the information, data, text, software, music, audio, photographs, images, video, messages or other materials posted on the Services or the Site ("User Contents"), whether publicly posted or privately transmitted, are the responsibility of the provider of the foregoing “User Contents”. Therefore, you are solely responsible for your actions on the Services and the Site, i.e., you will be solely responsible for any “User Contents” uploaded, posted, emailed or transmitted through the Services. The Company has no control over the “User Contents” posted through the Services and therefore does not assume responsibility for the accuracy, integrity or quality of the “User Contents”. You understand that you may be exposed to “User Contents” that are unpleasant, inappropriate, or objectionable by using the Services. In no event will the Company be liable for any User Contents, including but not limited to any errors or omissions in any “User Contents”, or any loss or damage of any kind incurred as a result of posting, emailing or transmitting through the Services.

- You agree not to use the Services for the following purposes:

- Upload, post, email or transmit any “User Contents” that are unlawful, harmful, threatening, abusive, harassing, invasive, libelous, vulgar, obscene, defamatory, invasive of other's privacy, harmful or racially discriminatory, or morally objectionable.

- Harm any person or institution in any way.

- Impersonate any person or institution, including but not limited to the Company’s officers, editors, opinion leaders, moderators, or falsely state or lie about a relationship with any person or institution.

- Forge headers or otherwise manipulate identity data in order to disguise the origin of any “User Contents” transmitted through the Services.

- Upload, post or otherwise transmit any “User Contents” that you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., internal data, proprietary and confidential data learned or disclosed as a result of an employment relationship and under a confidentiality agreement).

- Upload, post or otherwise transmit “User Contents” that infringe any copyright, patent, trademark, trade secret or other rights (hereinafter referred to as "Rights") of any person.

- Upload, post or otherwise transmit any advertising letters, promotional materials, "junk mails," "spam," "chain letters," "direct marketing," or any other form of solicitation.

- Upload, post, email or otherwise transmit any data designed to interrupt, destroy or limit any computer software, hardware or communications equipment, including, but not limited to, TrojanHorses, worms, timebombs or cancelbots (hereinafter referred to as "Viruses"), or other computer codes, files and programs.

- Destroy the normal flow of conversations, cause rapid screen movement, or prevent other users of the Services from typing, or adversely affect the ability of other users to participate in real-time communications.

- Interfere with or disrupt the Services or servers and networks connected to the Services, or fail to comply with the rules, procedures, policies or regulations governing networks connected to the Services.

- Intentionally or unintentionally violate any applicable local, national or international laws or regulations, or any provisions with legal effect.

- "Stalk" or otherwise harass others.

- Collect or store other users' personal data.

- The Company is committed to the accuracy and completeness of User Contents, but we will not be liable for any errors or omissions in User Contents. You understand that the Company does not review User Contents in advance but that we and our designees have the right (but not the obligation) to refuse and remove any “User Contents” that may be provided through the Services at our sole discretion. Without being limited to the foregoing, the Company and our designees shall have the right to remove any “User Contents” that violate the Terms of Service and is otherwise objectionable. Your use of any “User Contents”, including reliance on the accuracy, completeness or usefulness of the foregoing “User Contents”, is subject to your own evaluation and at your own risk. Accordingly, you agree that you may not rely on any “User Contents” created or accepted by the Company, including but not limited to other parts of the Services.

- The Company operates on an instant upload basis. We do not control User Contents, messages or data on any “Communication Services” (telephone, email services, chat areas, and other communication facilities).

- Therefore, you understand and agree that the Company is not liable for any "Communication Services" and disclaims any legal responsibility arising from your participation in such services.

- Due to the restrictions on the operations of the “Instant Upload Messages”, the Company is unable to fully monitor all messages. Therefore, all messages are the personal opinion of the commenter and not the position of this website, this App, or the Company. If any user finds a problem with a message, please notify ShareParty by email at <data@sharepartyinsight.com>

- You understand and agree that the Company may preserve or disclose “User Contents” if we determine that such preservation or disclosure is required by laws or regulations, or is reasonably necessary in good faith to:

- Comply with legal proceedings.

- Enforce the Terms of Service.

- Respond to claims that any “User Contents” violate the rights of third parties or protect the rights, property, or personal safety of the Company, its users, and the public.

- You understand that the technical processing and transmission of the Services, including your “User Contents”, may be transmitted over various networks and may be changed to meet and conform to the technical requirements of the network or device to which you are connected.

k. Special warning for international use

Because of the borderless nature of the Internet, you understand and agree to comply with all local regulations regarding online conduct and acceptable “User Contents”. In particular, you agree to comply with all relevant laws regarding the export of technical or personal data from the country or region in which you reside.

l. Public Information Posted on This Website or App

- For the purposes of these terms, the "public usage areas of this service" refer to areas accessible to the general public, including discussion forums, message boards, and mobile application services. - You grant ShareParty a limited, non-exclusive, non-transferable licence to host, display, process, and use your User Content only as necessary to operate, provide, secure, and improve the Service, subject to your consent and applicable data-protection law. This licence does not waive your personal-data rights.

m. To the extent permitted by applicable law, you agree to indemnify ShareParty against third-party claims, direct losses, reasonable costs, and expenses arising from your breach of these Terms, your unlawful use of the Service, or your violation of another person's rights. Nothing in these Terms excludes rights or remedies that cannot be excluded under applicable consumer law.

n. Prohibition of resale of the services

You agree not to reproduce, resell, or use any part of the Services for any commercial purpose or the use of or access to the Services.

o. General measures regarding use and storage

The Company reserves the right to establish general measures and restrictions relating to the Services, including, but not limited to, the maximum period for which the Services will retain SMS messages, bulletin board contents or other uploaded “Contents”, the maximum number of SMS messages that can be sent or received within an account on the Services, and the maximum number of times you may use the Services (and the maximum duration of each use) during a specific period in general. You agree that the Company will not be liable for the deletion or failure to store any messages and other communications and other “Contents” that we maintain or transmit on the Services. You also agree that if your account remains inactive for more than 365 days, the Company reserves the right to unilaterally terminate the account and its associated services and benefits after providing notice.

p. Modification and termination of the Services

The Company may modify or terminate the Services (or any part thereof) temporarily or permanently at any time. You agree that we shall not be liable to you or any third party for any modification, suspension or termination of the Services.

The Company may suspend or terminate your member account for any reason, including, but not limited to, prolonged non-use, breach of the Terms, etc. You understand and agree that if your use of the Services is terminated, the Company may delete your relevant data and shall not be liable to you or any third party.

q. Transactions with advertisers

The Company may provide advertising content with collaborative vendors provided by advertisers, product or service providers. You understand and agree that you should judge the suitability and truthfulness of the advertising contents at your own discretion and that the Company is not responsible for the contents of the advertising.

Your communications or commercial dealings with advertisers on or through the Services, or participation in promotions, including payment and delivery of related goods or services, and any other Terms, conditions, warranties or representations associated with the foregoing transactions, are solely between you and the foregoing advertisers. The Company will not be liable for any loss or damage of any nature incurred as a result of any foregoing transactions or the presence of the foregoing advertiser on the Services.

r. Link

The Services may provide links to websites or resources provided by other third parties, the contents of which are the sole responsibility of the respective operators and are not under the management of the Services. Because the Company has no control over the foregoing websites or resources, we cannot guarantee the quality, accuracy or legality of the contents provided on the foregoing websites or resources. You understand and agree that you should exercise your own discretion in determining whether to make use of the foregoing external websites or resources and that the Company is not responsible for third party links. You further agree that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any “Contents”, goods or services available on or through any websites or resources mentioned earlier.

s. Disclaimer

- Our obligations with respect to the Services under the Terms are limited to the provisions of the relevant Services to you with reasonable skill and care. You understand and agree that the Services are provided on an "as is" and "as available" basis.

- You understand and agree that your use of the Services is at your sole risk. The Company makes no guarantees, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights.

- You understand and agree that the Company does not guarantee that:

- The Service will meet your requirements.

- The Services are uninterrupted, timely, secure, or error-free.

- The results obtained from the use of the Services will be accurate or reliable.

- Any products, services, information or other materials purchased or obtained by you through the Services will meet your expectations.

- Whether to download or obtain any data through the use of the Services is at your own discretion and risk, you shall be solely responsible for any damage to your computer system or loss of data resulting from downloading any data mentioned earlier.

- No advice and information obtained by you from the Company or through the Services, whether written or oral, shall create any warranty not expressly set forth herein.

t. Limitation of liability

You understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, derived or punitive compensations, including but not limited to damages for loss of profits, goodwill, use, data loss or other intangible losses, arising out of:

- The use or inability to use the Services.

- The cost of purchasing any goods, data, information or services purchased or obtained by or through the Services, or messages received, or substitute goods and services derived from transactions conducted.

- Unauthorized access to or alteration of your transmissions or data.

- The statements or conduct of any third party on the Services, or otherwise in connection with the Services (except as otherwise expressly provided in the Terms).

u. Copyright and copyright agent

The Company respects intellectual property rights. If you believe that your work has been reproduced in a way that constitutes copyright infringement, please provide us with the following information:

- An electronic or physical signature of the person entitled to act on behalf of the owner of the copyright interest.

- A description of the work that you claim has been infringed upon.

- A description of the location of the copyrighted work that you claim has been infringed upon.

- Your address, telephone number, and email address.

- A statement that you believe in good faith that the use at issue is not authorized by the copyright owner, its agent, or the laws.

- You declare, under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner to make the above statement.

- Please notify us of any infringement of intellectual property rights by emailing us at: <data@sharepartyinsight.com>

v. Copyright notice

- The content of this service (including but not limited to trademarks, services, marks, trade names, commercial designs, products, text, images, and audio-visual materials on this website and app) is copyrighted and owned by the Company or other rights holders and is protected by intellectual property laws in Taiwan and the respective operating regions.

- The contents of the Services and any information on the Website or App that may be viewed, listened to or otherwise obtained by the Company are provided for personal, non-commercial use only. Any commercial use or use outside the scope of fair use must be authorized by the right holder.

- You may not alter, issue, publicly broadcast, reproduce, remake, disseminate, publicly perform, publicly display, publicly transmit, or have any unauthorized profit-making or non-profit-making conduct with respect to the contents of the Services or information obtained from the Website or App without the authorization of the Company or the right holder.

- Users who post articles or contents on the Services by themselves agree to authorize to have the articles or contents stored in the Services’ domain for use by netizens for legal browsing.

- The contents published in the Services may contain or establish related links, etc. The web pages or data pointed to by such links are provided by the linked websites, and the related rights are owned by such websites or legal rights holders. The Services do not guarantee their accuracy, timeliness or completeness.

w. Account deletion policy

You acknowledge and agree that you have right to delete the user account upon access to the Service, provided that you shall comply with the steps and policies on deletion of the account related to the Service and App.

Upon your acknowledgement of an agreement to the circumstances arising upon deletion of the account, including but not limited to, prohibition of the re-application for the same account within specific time limit, a period of time and technical processing are needed by the Company subsequently, and the Company’s retention of certain data for legal purposes within specific time limit, you may click the option for deletion of account via the App or file an application for deletion of the account with the Company. The Company will proceed to confirm and process your application accordingly.

You acknowledge and agree that, in consideration of the specific rewarding activity and interactive functions provided by the Service, upon your application for deletion of the account, the Company shall process your personal data in accordance with the Personal Data Protection Act and related App policies, provided that the Company reserves the right to retain the following data in connection with the specific rewarding activities or interactive functions pursuant to laws and for legal purposes:

- Activity or plan offering a reward or prize: The Company reserves the right to retain your personal data provided to claim the prize under the activity, in order to prevent repeated registration for accounts to redeem rewards and any dishonesty, speculative or abusive conduct, and to fulfill the obligation to provide regulatory report and audit service based on operating needs. - Personal identity data related to identity verification of the user account: The Service and App verify your identity via your mobile phone number and email. Upon verification, you may claim the reward via your user account. The Company prohibits the same person from registering the account repeatedly or re-registering the account after deleting the previous one, in order to prevent any dishonesty, speculative or abusive conduct. In order to prevent aforementioned, and considering that deletion of data requires specific processing time, after you apply for deletion of the account, your personal data, such as email and mobile phone number, will only be deleted from the Company’s database after an estimation of 180 days. For the policy related to collection, processing, utilization, and retention of your personal data, please refer to the privacy protection policy.

4. Validity of Individual Terms: The invalidity of all or part of the Terms shall not affect the validity of any other agreements.

5. General Terms:

a. The Terms and the Privacy Policy constitute the entire agreement between you and the Company, govern your use of the Services, and supersede any prior agreements between you and the Company. Your use of the Service, third party contents or software shall also be subject to additional Terms and conditions that may apply.

b. These Terms are governed by the laws of Taiwan, except that nothing in these Terms limits any mandatory consumer-protection, privacy, data-protection, device-access, or dispute-resolution rights available to you under the laws of your country of residence. To the extent permitted by applicable law, the Taiwan Taipei District Court will be the court of first instance for disputes arising from these Terms. Where mandatory law gives you the right to bring or defend a claim in another forum, that mandatory right is not limited.

c. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms of Service shall be filed within one year after the date of the foregoing claim or cause of action, or it shall never be filed.

d. The Company reserves all rights to charge for the Services, including, but not limited to, the manner of charging, pricing, etc. You agree that you will not receive any refund if the Company suspends or terminates your account due to a breach of the Terms or any other Terms of service.

e. ShareParty may update these Terms from time to time. The latest version will be published on our website, and material changes will be notified where required by applicable law. We will provide reasonable notice of material changes to these Terms where required by applicable law. The updated Terms will state the effective date, and your continued use after that date means you accept the updated Terms, unless applicable law gives you other rights.

f. These terms shall be governed by and interpreted in accordance with the relevant laws of your location. If any provision of these Terms of Service conflicts with local laws, the local laws shall take precedence, and we will adjust the relevant provisions accordingly. If any part of these terms is deemed unenforceable due to conflicts with local laws, it shall not affect the validity of the remaining provisions, which shall remain in full force and continue to be binding on both parties.