rgbee Membership and Terms of Service

Last update: 2020/01/06

1. Acknowledgement and Acceptance Clause

   DMN Co., Ltd.(the Company hereinafter) and www.rgbee.net (including but not limited to the domain, hereinafter collectively referred to as the Platform), the website it operates and maintains, offers rgbee services (the Services hereinafter) on the Platform in accordance with this Terms of Service. The Terms of Service apply to both natural person and legal person members.

   Upon completing the registration process at the Service or starting using the Service, you acknowledge that you have read, understood and agreed to all the Terms of Service. The Company reserves the right to modify or change the contents of the Terms of Service at any time. It is recommended that you pay attention to these changes at all times. If you continue to use the Service after any modification or change, you will be deemed to have read, understood and agreed to accept such modifications or changes. If you do not agree to the contents of the Terms of Service or if your country or region excludes all or one of the terms in the Service, you shall stop using the Service.

   If you are an incapacitated person or a person with limited capability, your legal representative (e.g. parents, assistant or guardian) shall read, understand and agree to the contents of the Terms of Service and any subsequent amendments before you register as a member and use or continue to use the Service. When you use or continue to use the Service, it is presumed that your legal representative (e.g. parents, assistant or guardian) has read, understood and agreed to the contents of the Terms of Service and any subsequent changes.

2. Your Obligations

   In order to use the Service, you agree to the following:

   1. You will provide the correct and up-to-date personal information, and will not make multiple registrations.
   2. You will maintain and update your personal information to ensure its accuracy for the best possible service. From time to time, the Company will send newsletters or electronic direct mails (EDM) to your registered mail box, until you express that you refuse to receive such marketing materials.
   3. If you provide any incorrect or inaccurate information or do not provide the information as instructed, or if you do not have the required information, the Company reserves the right to suspend or terminate your account without prior notice and to refuse your use of the Service partially or at all.

3. rgbee Privacy Policy

   Your membership registration and other specific data will be protected and regulated by rgbee Privacy Policy. Please refer to rgbee Privacy Policy for a complete privacy policy.

4. Member's Account, Password and Security

   After you completed the registration process of the Service, you will obtain a specific password and membership account. It is your responsibility to maintain the confidentiality of your password and the security of your account. Any input of the member's account and password in accordance with the prescribed method that is identical with the login data of the Service is deemed to be your own use. You will be fully responsible for all actions taken with the use of the password and account. You also agree to the following:

   1. You will notify the Company immediately if your password or account was compromised or any other security issue has occurred.
   2. Your account will be logout when you finished using the Service.
   3. Your account, password and membership benefits are for your personal use only, and may not be lent to, transferred to, or used in conjunction with others.
   4. The Company will not be held liable for any damage caused by misappropriation or improper use of your account and password, or under circumstances in which the Service cannot identify whether or not you personally used the Service.

5. Protection of Children and Adolescents

   To ensure the safety of Internet use for children and adolescents and to avoid infringement of privacy, if you are an incapacitated person or a person with limited capability, and your appointed legal representative (e.g. parents, assistant or guardian) has read, understood and agreed to the contents of the Terms of Service and subsequent amendments, your appointed legal representative (e.g. parents, assistant or guardian) shall fulfil the following obligation:

   1. Accompany children under the age of 12 during the whole process of the use of the Service, and consider whether to permit the use of the Service for adolescents above 12 and under 18 years of age.
   2. In the introduction to the works published on the Platform, the classification and rating will be indicated. Before viewing any age restricted content, you are required to confirm that you are at least 18 years old. When you confirm the age and view the content, you are deemed that you have read, understood and agreed to accept the limits on age restricted content of the service. You shall take the legal liabilities on your own for any dispute resulting from your misleading statement of your personal data.

6. User's Regulatory Compliance and Commitments

   You agree not to use the Service for any unlawful purpose or in any unlawful manner. You shall comply with the relevant laws and regulations of the Republic of China and all international conventions governing the use of the Internet. If you are a user outside of the Republic of China, you agree to comply with the laws of your residing country or region. You agree and warrant that you will not use the Service to engage in any of, but not limited to, the following acts which infringe the rights and interests of others or which are unlawful. In the event of a breach, in addition to your legal liability, the Company may stop or prohibit your use of the Service in whole or in part, and you will be liable for any damages caused to the Company.

   1. Publish or send any defamatory, insulting, threatening, offensive, indecent, obscene, inaccurate, or any kind of unlawful words, pictures or files that violate public order or moral values
   2. Infringe or damage the Company's, the Service's or others' reputation, privacy, trade secrets, trademarks, copyrights, patents, other intellectual properties and other rights
   3. Violate the obligations of confidentiality under law or contract
   4. Use the Service fraudulently in the name of another person
   5. Transfer or distribute computer viruses
   6. Engage in business activities without prior authorization of the Company
   7. Publish, transfer or send spam messages, chain letters, illegal or unauthorized multi-level marketing messages and advertisements; or store any information that infringes the intellectual property rights of others or violates laws and regulations
   8. Cause annoyance or displeasure towards other users of the Service or third parties, or violate the general Internet etiquettes
   9. Other acts that do not comply with the purposes for which the Service is provided or that the Company has justifications to consider as inappropriate

7. The Company may add, modify or terminate activities related to the Service in consideration of the circumstances of actual implementation, and choose the most appropriate method to inform members.

8. In any of the following circumstances, the Company has the right to discontinue and suspend the provision of the Service. You agree to indemnify the Company from any liability if such event causes you or any third party any losses.

   1. The Service's website electronic communication equipment is running necessary maintenance and development
   2. In the event of a sudden failure of an electronic communication equipment
   3. The electronic communication service that the Service website subscribes to is stopped and out of service
   4. The Service's website cannot provide services due to an event of force majeure, such as natural disaster, or other failure not attributable to the Company

9. Limitation and Exclusion of Liability

   All advertisements, text and image descriptions, samples or other sales information that you find in the Service are designed and developed by the advertisers and suppliers of the products and services. You shall evaluate and decide on the accuracy and reliability of the advertisements. The Company is only entrusted to publish the advertisements, and shall not be liable of the aforementioned advertisements.

   The functions of the Service are provided in accordance with the current state of use of the function. The Company makes no warranty, explicit or implicit, regarding the functions' performance, speed, integrity, reliability, security, accuracy, etc. The Company does not guarantee that the emails or the contents transmitted by the Service's web pages, servers, domains, etc. will not contain harmful software such as computer viruses; nor does it guarantee that the transmission and storage of the Service, mail, file or data, are correct, without disconnection, and error-free. The Company is not liable for damages caused by failure, loss or error in the transmission or storage of the Service, mail, file or data.

   You agree that all data records in the course of using the Service shall be subject to the electronic data stored in the Service's database of the Company, and any dispute or litigation shall be deemed to be based on such electronic data.

10. Protection of Intellectual Property Rights

    For all software or programs used on this Platform and the content on the website, including but not limited to the works, pictures, files, information, data, website architecture, layout of website images, and web page design, the Company or other right holders own the intellectual property rights at law, including but not limited to trademark, patent, copyright, trade secret and know-how. None person is allowed to use without authorization, modify, reproduce, make public, adapt, distribute, issue, publicly release, reverse engineer, or decompile such software, program, or content.

    Products of the Company are marked with tracking watermarks. Where you use, capture, record or reprint the aforementioned software, programs or website content, the anti-theft mechanism will be automatically activated which may affect some of your viewing experience (such as watermark on the reading interface). If you persist in the above illegal act, the Company has the right to disable some or all of your membership account rights, for which you shall bear the legal liabilities on your own and compensate the Company for any damage suffered (including but not limited to litigation costs and attorney costs). Where you discover that your intellectual property rights are infringed, you are requested to contact us by customer service, to report such infringement and provide your contact details together with a statement showing that your statement is authentic and you own the legal intellectual property rights.

11. Transactions

    You agree to use the Service to order products that, before the Company confirms the validity of the transaction, the Company still retains the right not to accept orders or cancel the shipment. When you send an order notification to the Company, the system will automatically send you an acceptance notification, but this notification is not an order confirmation notification. The Company will inform you whether the transaction is valid or not.

    If your use of the Service to order products causes operational distress or damages to the Company, the Company may, depending on the case, decline or cancel your transaction or permanently cancel your membership. If your order is for pre-order goods, due to the nature of such orders, if the goods is out of stock, or the seller cannot supply the goods for any reason, you agree that the Company may cancel or modify the contents of the transaction (order) or delay shipment, and choose the most appropriate way to inform you.

    In order to protect intellectual property rights, the Company provides 10% (or more) of the digital contents of the products as a preview. You may not request for a return or refund for the digital contents you have bought, except when you cannot open or view them properly.

    Unless otherwise agreed, the Company will take the initiative to process the invoice and discount certificate for you, and assist you to complete the return of goods and refund operation, if both parties have agreed to cancel or terminate the sale and purchase agreement.

12. Special Authorization Matters

    When you use the online transaction or activities provided by the Service, home delivery service provider or freight forwarder may be required to complete the delivery or retrieval of goods (or gifts, etc.). You therefore agree and authorize the Company, in consideration of the requirements and objectives of the online transaction or activities, to forward the personal information you have provided (such as the name of the recipient, delivery address, contact number, etc.) to the home delivery service provider or freight forwarder in order to facilitate the delivery or retrieval of the goods (or gifts etc.).

13. Rejection and Termination of Use

    You agree that the Service, in order to protect the security of transactions, may terminate your password, account (or any part thereof), or use of the Service for any reason, including but not limited to lack of use, violation of the expressed provisions and spirit of the Terms of Service, and to remove and delete any of the Membership Content within the Service, or to terminate the Service at any time after notice. In addition, you agree that if the use of the Service is terminated, the Company shall not be liable to you or any third party.

14. All service descriptions on the Service's website are part of these Terms of Service, the Company reserves the right to modify or change the contents of the specifications at any time. Please observe the modifications or changes from time to time.

15. Disclaimer of Warranties

    The Service does not guarantee that the system program will not generate any errors or problems. You shall backup the data on the Service yourself.

16. Governing Law and Jurisdiction

    The interpretation and application of the Terms of Service, as well as disputes relating to the Terms of Service shall be handled in accordance with the laws of the Republic of China, and the Taiwan Taipei District Court shall be Court of First Instance.