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 firstname.lastname@example.org.
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
- You may choose to register for an account to access account management features such as try products features, product reviews or simply use our Services to try on beauty products as a guest registered with your email address.
- To become a “YouCam Community” User, you must be at least of legal age in your country. If you are not of legal age, you may not access or use the Service. In order to access certain features of the Service, and to post User Submissions (defined below), you will have to set up a “YouCam Community” account ("Account"), with your email address, a corresponding username and password. You may never use another person's account without permission.
- Access to these features requires a password. It is your responsibility to create a strong password; keep their password confidential and change their password if they believe it has been revealed to a third party. You are solely responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify Perfect immediately of any unauthorized use of your Account or any other breach of security or at most within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify Perfect immediately so that a new user name or password can be created.
- If you create an Account, you agree to provide true, accurate, current and complete registration information as requested and will maintain and promptly update relevant personal information provided to Perfect in order to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of Service (or any portion thereof). Although Perfect will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Perfect or others due to such unauthorized use.
- If you create an Account, you consent to the use of electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service. This is a mobile application, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
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:
- Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Perfect Content or that enforce limitations on use of the Service or the Perfect Content therein.;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
- Use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive, false or misleading source-identifying information;
- Upload, post, email, or otherwise transmit, via the Service, any User Submissions that are unlawful, deceptive, obscene, abusing, inciting of unlawful action, harmful, threatening, harassing, defamatory, libelous, vulgar, violent or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), constitute hate speech, or are otherwise objectionable in the opinion of Perfect;
- Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Services users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Service;
- Use any unauthorized means to modify or reroute, or attempt to modify or reroute, any of the Service; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Service, servers or networks connected to the Service or the technical delivery systems of Perfect's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Attempt to probe, scan or test the vulnerability of the Service or any Perfect system or network or breach or impair or circumvent any security or authentication measures protecting the Service;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service, or attempt to do any of the foregoing;
- Collect or store personal data about other Users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud or harmful or potentially harmful deception;
- Use the Service in any manner not permitted by this Agreement;
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service;
- Harm or attempt to harm minors in any way;
- Stalk or otherwise harass another, or attempt to do the same;
- Use the service in a way that harms, or could reasonably be expected to harm, us or our affiliates, resellers, distributors, and/or vendors (collectively, the “Perfect parties”), or any customer of or supplier to a Perfect party; or
- Resell or redistribute the Service, or any part of 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
- We may change the Service, or any portion thereof, or delete features at any time and for any reason without notice. We, in our sole discretion and for our sole convenience, may immediately terminate or suspend your access to the Service and remove any material (including User Submissions) from the Service or our servers, in the event that you breach or threaten to breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. To the fullest extent permitted by Law, Perfect is not liable to you or any third party for termination of the Service or termination of your access to or use of the Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION AND CONTENT (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, once the Service is cancelled or suspended, any data you have stored in connection with the Service may not be retrieved later. Perfect will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
- Any suspension, termination or cancellation will not affect your obligations to Perfect under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or 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
- You may access and use the Service, Perfect Content and User Submissions for your own personal use. Perfect and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Service, Perfect Content and the trademarks, service marks and logos contained therein other than your User Submissions. Perfect reserves all rights not expressly granted in and to the Service and Perfect Content. You agree not to engage in the use, copying, distribution or modification of any of the Perfect Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Service for any commercial purposes.
b. User Submissions
- License Grant. Perfect does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Perfect, you hereby grant Perfect a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on third party websites. Perfect will own all rights, title and interests in and to all derivative works and compilations of User Submissions that are created by or for Perfect, including all worldwide intellectual property rights therein.
- Limitations. You acknowledge and agree that Perfect may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Service, the maximum size of any files that may be stored on or uploaded to the Service, and the maximum disk space that will be allotted to you for the storage of User Submissions on Perfect's servers. Perfect will have no responsibility or liability for, and you are solely responsible for creating back-ups of, your User Submissions.
- Disclaimer. Perfect has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written or otherwise communicated by users, including without limitation any information obtained by using the Service. Perfect does not endorse any User Submission or any statement, opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Perfect with respect thereto.
- Copyright and other infringements. If you believe that any User Submission or other content infringes upon your rights, you may submit a notification e-mail to copyright@PerfectCorp.com.
9. Points “Hearts” and the System
- Points referred to in this existing point system in the Service is now re-named as “Hearts”, Hearts will continue to function the same as “Points” in previous versions (prior to version 5.18.0) of YouCam Makeup. You can gain “Hearts” and increase membership level when performing various activities while using the App.
- Hearts don’t have any monetary value. Perfect protects all accounts against any fraudulent practices to manipulate Hearts. Perfect reserves the right to add, remove or adjust the activities you do to earn Hearts; as well as the right to change the number of Hearts exchange for gift certificates. There may be a limitation on how many Hearts can be earned per day per action. Perfect also reserves the right to cancel the system/Hearts without notice, and has no liabilities for earned Hearts.
10. Coins System
- “Coins” can be purchased via Perfect’s Coin Packages from In-app-purchase in YouCam Apps. Coins can be used within YouCam Apps but not limited to the Service where live shows are available. Coins Packages purchased will facilitate and better equip you with a more pleasant and enjoyable experience when using Perfect’s mobile app on live shows. You may refer to your in-app profile page for further details on the purchase of Coins packages for this purpose.
- You acknowledge and agree that your distribution of any Coins currently in your account for use during live shows or other Service is made solely at your own discretion; you further understand that once the Coins are used by you, the action cannot be undone and the Coins cannot be withdrawn.
- Perfect reserves the sole discretion to determine the purchase price of the Coins based on your country of origin and further reserves the right to modify the purchase price between actual currency and virtual Coins from time to time at our own discretion. By your use of the Service, you understand and accept the then-current purchased price of any Coins at the time of your purchase.
- You understand and accept that if your account is terminated or canceled for cause as determined by Perfect, any Coins remaining in your account at the time of termination or cancelation will not be refunded nor transferred and will not be recoverable whatsoever in any form in accordance with our Account Termination Policy specified in Section 5 above.
- All Coins purchased are not refundable, and not transferable. You understand and agree that your purchase of Coins in the YouCam App application or the purchase of other special features is a reflection of the buying behavior. Perfect has no obligation to provide you with any reason for a refund. (unless permitted by applicable laws of your country of origin)
- If you cancel your order through the app store after you have purchased the Coins in the application, we reserve the right to withdrawal the Coins we have sent and other virtual goods or physical services together. Depending on the severity of each circumstance, Perfect reserves the right to disable your account, cancel and forfeit all the Coins in the account.
- IMPORTANT: You agree that we will make the necessary corrections and adjustments when your account balance is incorrect due to Perfect system maintenance or other technical failures.
- IMPORTANT: All users are not allowed to trade Coins or accounts privately. You understand and agree that if you trade Coins or account privately, Perfect reserve the right to disable your account and withdraw all the Coins in your account.
- You understand that the purchase of Coins requires actual payment. If you disagree with any part of, or do not fully understand our policy, please refrain from purchasing or using any Coins in connection with the Service.
- Perfect is not responsible for lost or stolen user names and passwords, or any lost or stolen Coins. Perfect is under no obligation to credit an account with Coins that may have been lost or forfeited due to circumstances including, but not limited to, software malfunctions, re-registration, breach of security, fraud or inadvertent entry into your account. Perfect’s decisions on all matters relating to your account shall be final and binding in all respects.
- Perfect is not responsible for changes to, or discontinuance of Coins, or for any effect on or devaluation of rewards caused by such change, discontinuance, or withdrawal of 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:
- REGARDING THE SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, PERFECT CONTENT OR USER SUBMISSIONS OR ANY PORTION THEREOF;
- THAT THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS WILL BE FREE OF ERRORS, MISTAKES, OR INACCURACIES OR THAT ANY ERRORS, MISTAKES, OR INACCURACIES WILL BE CORRECTED.; OR
- IN CONNECTION WITH OR RESULTING FROM:
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, PERFECT CONTENT, OR USER SUBMISSIONS OR ANY PORTION THEREOF;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS) OR FOR ANY LOSS OR DAMAGE OF ANY CHARACTER OR KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERFECT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
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
- YOUR ACCESS TO OR USE OF SERVICE OR ANY PORTION THEREOF,
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS),
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR,
- ANY ERRORS OR OMISSIONS OR INADVERTENT DAMAGE, CORRUPTION OR LOST IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERFECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR OR OTHER USER SUBMISSIONS OR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN CASE PERFECT IS FOUND LIABLE BY A FINAL JUDGEMENT, DAMAGES ARE LIMITED TO THE MONTHLY REGISTRATION FEES FOR THE RELEVANT SERVICE(S) OR TO THE AVERAGE MONTHLY FEES FOR THE MOST SIMILAR SERVICE IN CASE OF A FREE SERVICE USER’S CLAIM.
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.
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 email@example.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.