YouCam Community Terms of Service Last update: January, 2019

Perfect Corp. ("Perfect," "we" or "us") provides services based on an internet real-time communication/sharing multi-media contents which also allows you to create your virtual makeup looks with your favorite products and a client application for multiple platforms on all YouCam apps including YouCam Perfect, YouCam Makeup, YouCam Fun, YouCam Nails, YouCam Shop, YouCam Community (collectively known as the "Service" or “app”). Please note that Beauty Circle is now known and replaced with “YouCam Community”. We may modify this mobile app from time to time as we expand our beauty related services and these Terms of Use will govern those updates, or new features on the mobile app when added. You may be accessing our mobile app from a smart mobile device or a computer and these Terms of Use will govern your use of our mobile app and your conduct, regardless of the means of access to the Service. YOU UNDERSTAND THAT BY USING THIS MOBILE APPLICATION AND/OR REGISTERING AN ACCOUNT, OR BY CONTINUEING TO USE THE SERVICE, INCLUDING ALL COMMUNICATIONS, SUBMITTING/SUBSCRIBING CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE THEREIN, YOU AGREE THAT WE PRE-CHECKED YOUR AGREEMENT TO OUR PRIVACY POLICY AND THAT YOU HAVE READ IT AND AGREED, AND WOULD LIKE TO PROCEED. YOU MAY UN-CHECK IT IF YOU DO NOT AGREE.

1. Description of Service

Unless explicitly stated otherwise, any use of the Service shall be subject to these Terms of Service. Users of the YouCam Community may submit, upload and post photos, pictures, makeup looks, graphics and other content (“Content” as described below), which will be stored by us at the direction of such registered users, and may be shared and distributed by such users, and other users using our Service which is accessible via our website and apps. This Service offers secure private cloud storage for users when users register with a YouCam Community account. The Service also enables users to have an option on specific features offered by our Service to back up all Content post via users’ account when accessing your YouCam Community Account. You understand and agree that the Service are provided AS-IS, WITH ALL FAULTS and that, to the fullest extent permitted by Law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, contents, communications or personalization settings.

2. Your Account

All users of this app will enjoy a new and enhanced experience of a virtual try on beauty products via your account or your email address and details therein. If you are an existing user of the Service, your account is recognized by the email address first used to log into your then Beauty Circle account, which is now known as “YouCam Community account”; or an email address provided by you to purchase products via using the app if you are logged in as a guest or first time user of this app. In any event you have made changes to your email address, you are advised to notify us on such change so as to allow us to update your profile information. You are responsible for all actions on the user's account and for maintaining their personal information accurately. We do not sell products for children, but sells to adults, who can purchase with a credit card. If you are under 16, you may use Perfect’s app only with involvement of a parent or guardian. Perfect and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content in their sole discretion.

Access and Control of your account via 1 on 1 Consultation (“Session”)
You may request to retrieve your audio recordings relating to the conversation between you and the designated beauty consultant within one year from the date of your Session from us which we will provide you with a weblink for your ease of retrieval. You may also request to delete such recordings of your Session at appsupport@perfectcorp.com.

Opt-out right
You will be given an option on whether you want to receive promotional email, from us. You can also opt out from receiving interest-based advertising from us by making the necessary settings/adjustment on our opt-out page.

3. Registration and Eligibility

4. Content

Certain types of content are made available through the Service. "Perfect Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, video files, and other content and information made available through the Service, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, audio, video and other content and information which users of Service share, send, post, upload and otherwise submit to Perfect through the Service, including without limitation in user created profile pages. Refer to Section 7(b) for more details with respect to your submissions. We do not claim any ownership of the Content you submitted when using our Service. Please note that by submitting or posting your Content on our Service which is accessible by other users of this Service, you consent to share such Content and grant us a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or display such Content on this Service strictly consistent with the purpose for which such Content was submitted or made available by you. PERFECT RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY PERFECT CONTENT OR USER SUBMISSIONS FROM THE SERVICE WITHOUT NOTICE.

5. Your Obligations in Using the Service

The Service may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Service. In addition, without limitation, you agree that you will not do, directly or indirectly, any of the following while using or accessing the Service:

You acknowledge that we do not pre-screen any User Submissions you make, but that we shall have the right (but not the obligation) in our sole discretion, to remove any User Submissions and/or rescind or terminate your use of the Service. You acknowledge and agree that we may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Perfect, its Service Users, customers, suppliers, attendees and/or the public. You understand that the technical processing and transmission of the Service and the User Submissions, including your personal information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, services or devices.

6. Termination; Cancellation

7. Third Party Links

The Service may contain links to third party websites that are not owned or controlled by Perfect. Perfect has no control over, and you agree that Perfect assumes no responsibility for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites. In addition, Perfect will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Perfect from any and all liability arising from your use of any third-party website. You further acknowledge and agree that Perfect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.

8. Intellectual Property Rights and Ownership

a. Content

b. User Submissions

9. Points “Hearts” and the System

10. Coins System

11. 1 on 1 Consultation (“Session”)

1 on 1 Consultation is a new feature that is available to all YouCam apps users. This value-added feature on our Service allows you to connect via video call to designated beauty advisors of beauty brands available on our Service to provide you with a 1 on 1, personalized consultation and advise on cosmetic products, skincare products (if applicable) or makeup techniques to achieve the desired looks. Please note that by continue using this service, you agree that an audio recordings of your Session will be made, kept and shared to the extent without disclosing sensitive information relating to you with our brand partners, business partners for quality improvement and market research purposes.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICES, PERFECT CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICE INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. PERFECT DISCLAIMS ANY WARRANTIES:

13. Indemnification

You agree to defend, indemnify and hold harmless Perfect (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of this app and the Services therein; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of this app and the Services herein.

14. Limitation of Liability

IN NO EVENT SHALL PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

You agree to defend, indemnify, and hold Perfect, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, Perfect Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing. This defense and indemnification obligation will survive these Terms of Service, your use of the Service, and any termination of your Account.

15. Special Admonitions for International Use

The Service is owned, controlled and offered by Perfect in Taiwan. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

16. Modification of the Terms of Service

Perfect reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Service, or modify these Terms of Service without notice. All modified terms and conditions will be effective immediately after they are posted on the Service (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using Service, and if applicable, cancel your Account. By continuing to access or use Service after Perfect makes any such modification, you agree to be bound by the revised Terms of Service. To the fullest extent permitted by law, you also agree that we shall not be liable to you or to any third party for or on account of any modification, suspension or discontinuance of Service

17. Claim Must Be Filed Within One Year

Any claim related to this contract or these Terms of Service may not be brought by you unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed within that period, then that claim is permanently barred. This applies to you and your successors and assigns permitted.

18. General

These Terms of Service shall be governed by and interpreted in accordance with the laws of Taiwan. Any legal action or proceeding arising under or in connection with these Terms of Service must be brought exclusively in courts located in Taipei, Taiwan and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Any waiver, to be effective, must be in writing signed by the waiving party (in the case of Perfect, by an authorized officer). You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Perfect and any prohibited assignment will be null and void. Perfect may assign these Terms of Service or any rights hereunder without your consent. You agree that these Terms of Service and the rules, restrictions and policies contained herein, and Perfect's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Perfect. These Terms of Service together with constitute the entire agreement between Perfect and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by Perfect via email (in each case to the address that you provide), (b) a notice on the Service, or (c) by you via email to contact appsupport@perfectcorp.com or to such other addresses as Perfect may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.