The service terms and conditions are applicable to the “Cupola360” website (at cupola360.com, hereinafter referred to as the “Website”) set up and managed by ASPEED Technology Inc. (hereinafter referred to as the “Company”), APP and users of the Website and Service herein. Before access to the Website or Service, please read the terms and conditions herein carefully. Your access to the Website or the Service, in whole or in part, shall constitute your acknowledgment of and agreement to the contents defined herein. Where you disagree to the following terms and conditions upon reviewing the same carefully, please do not register and cease accessing the Service immediately.
You hereby acknowledge that you are a person with disposing capacity, or with limited disposing capacity but allowed to access the Service upon the legal representative’s approval and capable of executing the terms and conditions herein, issuing the representation and warranty, and complying with and performing the terms and conditions herein. Where you are a person with limited disposing capacity, your access to the Service shall constitute your legal representative’s acknowledgment of and agreement to the contents defined herein.
In consideration of said acknowledgment, you agree to access the Service and comply with the following terms and conditions:
Article 1. Scope of and Amendments to Terms and Conditions
(1) Any other terms and conditions related to the Service as published by the Company via the Website or email, or in any other manners to users (hereinafter referred to as the “other terms and conditions”), including but not limited to personal data and privacy protection policy, shall constitute a part of the service terms and conditions herein, with the same binding effect as the service terms and conditions.
(2) In the event of any discrepancy between the service terms and conditions and the other terms and conditions, the service terms and conditions shall apply unless otherwise stated herein.
(3) Where certain service terms and conditions are held invalid, the effect of the remaining service terms and conditions and the other terms and conditions shall remain unaffected.
The Company reserves the right to amend the service terms and conditions at its sole discretion from time to time and post the latest amendments on the Website. You shall check the latest version periodically, as the Company will not send the notice thereof individually. Your continued access to the Website or Service upon amendments to the service terms and conditions, if any, shall constitute your acknowledgment of the amendments and agreement to abide by the amended terms and conditions. The Company will provide the Service based on the amended terms and conditions.
Article 2. Definitions
(1) 「The “Service” refers to the features provided by the Website and APP, including but not limited to those enabling users to upload, post or share photos or films on the Website or APP, view the films shared by the other users, or give comments or ratings to the films shared by the other users.
(2) “Users” refer to the users of the Website or Service, including those posting, sharing and viewing the photos or films on the Website (hereinafter referred to as the “photos or films”), and those leaving comments and ratings on the photos or films.
(3) “Contents” refer to the photos, films and other information posted by users, and comments and ratings given by them to the Website, photos, films or other information.
(4) “APP” refers to Cupola360, Cupola360 Player and Cupola360 Pro, namely, the APP developed by the Company in order to enable the users to access the Service and individual features via the mobile device, such as a smartphone.
(5) “Individual features” refer to those of viewing, search, sharing and interaction via APP, as a part of the Service.
Article 3. Access to the Service and Limitations
(1) Upon completion of the membership registration procedure on the Website or APP and verification by the Company, you may start to access the full Service.
(2) The Company may designate any necessary communication devices, hardware, network access control, and other limitations regarding the service's access (hereinafter referred to as the “system requirements”). Notwithstanding, the Company gives no warranty about uninterrupted access to the Service under said system requirements. The system requirements shall be met and confirmed by the users independently. Meanwhile, the communication expenses incurred in order to satisfy the system requirements shall be borne by the users independently.
Article 4. Access to and Safety of the Service
(1) The Service is intended for personal use instead of profit seeking. The Company believes that users will access the Service for profit seeking, business promotional activities, or any purposes other than personal use. The Company shall be entitled to suspend or terminate the users’ access to the Service, in whole or in part.
(2) In order to access the full Service, you must register the Website membership. Please provide your correct, latest and complete personal data when registering the membership, and keep your personal data update, if necessary, to ensure your correct, latest and complete personal data. Where you provide any incorrect or false data, the Company shall be entitled to suspend or terminate your access to the Service, in whole or in part.
(3) The users are allowed to set their own login names and password required by the membership registration on the Website, provided that the users shall be obligated to maintain and keep in confidence the login names and password, and prohibited from disclosing or making their membership login names and password available to any third party. The login name and password holder shall be solely responsible for the access to the Service via such login name and password and all activities upon access to the Website or APP.
(4) Where any user finds or reasonably doubts that his/her membership login name and/or password is embezzled or misappropriated by a third party, he/she shall notify the Company immediately and submit related information and evidence to help the Company conduct investigation and take appropriate responsive measures. Notwithstanding, said responsive measures shall not be interpreted, expressly or implicitly, as the Company shall be obligated to bear any compensation or damages toward the users.
(5) The collection, processing and utilization of your membership registration details and other personal data will be protected and governed by the Website’s personal data and privacy protection policy.
(6) When accessing the Service, you shall comply with related restrictions and be prohibited from engaging in the following activities: Accessing, reproducing, downloading, publishing, transmitting, broadcasting, displaying, selling, authorizing, amending, changing, or accessing in any manners any part or contents of the Service, unless you (a) have acquired the express license to access the Service, or (b) received the prior written permission from Cupola360 and related copyright owners (if applicable). Evading, stopping using, or participating in or interrupting fraudulently any parts of the Service (or attempting to engage in said activities), including features related to safety, or those able to (a) prevent or restrict reproduction of contents, or other usages, or (b) restrict the access to the Service or contents. Accessing the Service with any automatic tools (e.g. robot, Botnet or web crawler), unless you have already received the prior written permission from Cupola360. Collecting or retrieving any information sufficient to identify any individual (e.g. account name), unless the individual approves it. Accessing any promotional or business contents published by the “Service” without approval, or any other disturbing or massive promotional comments. Resulting in or instigating any incorrect measuring results about the level of users’ participating in the Service, including increasing views, likes or dislikes or subscribers of films with pay or consideration, or manipulating the indicators in any manners. Abusing any feedback, whistleblowing, complaining, disputing or appealing mechanism, including submission of any groundless, unreasonable or random contents. Organizing contests on or via the “Service”. Viewing or listening to contents via the Service for any purposes other than personal use and non-commercial use (e.g. you are prohibited from broadcasting any film to the public or streaming music via the Service). Via the Service, (a) selling any ads, sponsorship or promotional activities on the Service or contents or peripheral products of the Service or contents, or in the Service or contents per se; or (b) selling ads, sponsorship or promotional activities on any webpage or APP containing the Service only, or engaging in such sale primarily based on the Service.
Article 5. Copyright in and Management of Contents Published by Users
(1) For the avoidance of any doubt, the copyright in any contents published by a user shall remain vested in the user publishing the contents or the copyright owner who licenses the user to publish the contents. Notwithstanding, you acknowledge and agree that your uploading, releasing or sharing of any contents (including but not limited to photos or films) via the Service shall constitute your granting of a non-exclusive, royalty-free, sublicensable and transferrable worldwide license to the Company (and its successors and affiliates) to use the contents (including reproduction, publication, display and presentation of the contents, and derivative work from the contents). In other words, the Company is allowed to use, reproduce, present, create derivative work from, display to the public, publish, adapt, edit, broadcast to the public, transmit to the public, and distribute the contents based on the Service and for the purpose of the Company’s marketing of Cupola360-related products and services, including but not limited to promotion and repost of the contents (and derivative work thereof) via any device, media format or communication channels, in whole or in part. Said license granted by you to the Company to work or utilize related contents will be terminated upon expiration of commercially reasonable time limit after you delete or remove the contents from the Website or APP. The Company is allowed to retain a copy of the contents deleted or removed by you on the server, but is not allowed to display, distribute or disseminate the same.
(2) The user shall be responsible for presentation, deletion, backup, maintenance, management and sharing of the contents personally. The Company is not responsible for reviewing, supervising or managing the contents. Meanwhile, the Company doesn’t participate in interaction among the users or guarantee the quality of the contents and accuracy, genuineness, completeness, validity, and legitimacy. The liability related to the contents shall remain vested in the user providing contents to the Service. The Company is not obligated to manage or provide the contents. Upon discovery of any contents against laws, you may whistle-blow them with the Company.
(3) You confirm, and represent and warrant to the Company, that you own or have received any permission, license, agreement and approval required for release of the contents to the Website or APP. You shall indemnify and keep the Company or the Company’s a loyees, agents or fiduciaries harmless from any damages or losses caused by your failure to comply with said requirements (including but not limited to costs of action and attorney fees, etc.), if any. Where the access to the Service infringes upon a third party’s rights or violates intellectual property right laws and regulations, the user shall bear related liability independently of the Company.
(4) Where you find that the contents presented by another user infringe upon your rights, please state that you are the legal right holder, specify the reasons why you believe you should be infringed, provide required information and evidence to the Company, and note that you are willing to bear relevant legal liability if your misstatement causes damages to another person. Where the Company proves the infringement on the ground of the notice, the Company will delete the infringing contents. The whistleblowing against infringement may be submitted to: cupola360.com.
Article 6. Suspension, Change, Adjustment or Termination of the Service
(1) In any of the following circumstances, the Company may suspend the Service preliminarily:
- Repair, maintenance or construction of equipment;
- Catastrophic failure in equipment;
- Natural calamity, emergency or other force majeure;
- Any other inevitable consequence about the operation of the Service per se or technology according to the Company’s judgment.
(2) The Company reserves the right to change or adjust individual features of the Service or APP without the individual user’s prior approval, and to notify the user to terminate the Service or features, in whole or in part on the Website at any time.
Article 7. Prohibitive Activities and Termination of Individual User’s Access to the Service
(1) The users are prohibited from engaging in any of the following activities when accessing the Service. They shall indemnify and keep the Company’s affiliates, directors, managers, employees, agents and fiduciaries harmless from any damages or losses caused by their failure to comply with said requirements (including but not limited to costs of action and attorney fees, etc.):
- Infringe upon another person’s interests and rights (including but not limited to intellectual property rights including copyright and trademark right, portrait rights, right of fame, privacy, business secrets, and confidential information);
- Commit a crime, instigate another person to commit a crime, and contribute to crime;
- Violate the public order or good morals;
- Distribute or provide malicious codes or any other programs or comments sufficient to destroy or interrupt with the computer systems or data;
- Post false information intentionally when accessing the Service;
- Steal another user’s membership login name, password, access authority or personal data in an illegal manner;
- Violate the R.O.C. laws, international customs on access to the Internet, or laws applicable in the country or jurisdiction where the user resides;
- Violate the service terms and conditions, or public notices, conditions or agreements related to the Service; or, engage in any other activities which the Company reasonably judge will affect or possibly affect the provision of the Service or the Company’s or other users’ interests and rights adversely.
(2) You agree that the Company may terminate your membership login name or access to the Service, and delete and remove the contents about you from the Service without prior notice, with justified causes (including but not limited to your involvement in the prohibitive activities referred to in the preceding paragraph, or violation of the spirit governed by the service terms and conditions), in consideration of the Company’s and other users’ interests and rights, provision of the Service or trading safety. Meanwhile, you agree that if the access to the Service is terminated, within the maximum extent permitted by laws, the Company shall not need to bear any liability toward you or any third party.
Article 8. A Third Party’s Advertisement or Links to Network
(1) The Company might post advertisements provided by a third party on the Website or APP. The transactions which the user engages in with the advertiser based on said advertisements shall refer to those between the user and the advertiser privately. The Company will not bear losses suffered by the user from the transactions, if any.
Article 9. Copyright and Other Rights of the Company
(1) The intellectual property rights in the software or programs used by the Service and any contents other than those presented by the users on the Website, including but not limited to works, pictures, files, information, data, website framework, website screen settings, and web designs (including but not limited to copyright, trademark right, patent right, business secrets and know-how, etc.) shall remain vested in the Company or other right holders pursuant to laws pursuant to laws. Any person shall not access, amend, reproduce, broadcast to the public, adapt, disseminate, distribute, present to the public, or perform reverse engineering, decompilation or reverse assembly with respect to, or use without a valid license, the software, program or contents. Where you wish to quote, repost or use in any other manner said software, program, or contents on the Website, you must seek prior written consent from the Company or other right holders.
(2) The Cupola360, ASPEED used in the Service and APP is a registered trademark owned by the Company, which shall not be used in any manner without the Company’s prior written consent.
(3) Any user in violation of the requirements referred to in the preceding Article shall bear damages with respect to the Company or other right holders (including but not limited to costs of action and attorney fees, etc.).
(4) For the avoidance of any doubt, unless licensed by the Company in writing or otherwise expressly provided herein, the access to the Service and related works contained in the Service doesn’t constitute the transfer or granting of any copyright, trademark right or other rights or interests to the user or any third party.
Article 10. Governing Law and Jurisdiction
(1) The interpretation and application of the service terms and conditions shall be governed by the R.O.C. laws. Any matters not covered herein shall be governed in accordance with related laws and regulations.
(2) Any dispute arising from or with respect to the service terms and conditions shall submit to the exclusive jurisdiction of Taiwan [Hsinchu] District Court in the first instance.
Article 11. Disclaimer
(1) Unless otherwise expressly stated herein, the Company makes no representation or warranty to the users with respect to the Service. The provision of the Service might be affected by the hardware, network access control, communication equipment or circuit of the user. The Company doesn’t warrant the completeness and validity of the Service or warrant that the contents presented by the user are free from damage, loss, tampering, or change in any other manner, or attack by malware, such as computer virus.
(2) Within the maximum extent permitted by laws, the Company shall not be liable for any damage or loss caused to the user due to any of the following circumstances (based on contracts, quasi-contractual relations, tort or any legal theories, and irrelevant with direct, indirect, punitive or incidental damages in nature):
- Discontinue, suspend, change, adjust or terminate the Service, in whole or in part, pursuant to the service terms and conditions;
- Delete or remove the contents, or limited viewing, pursuant to the service terms and conditions;
- The presented contents are damaged, lost or tampered, or changed in any other improper manners, or attacked by malware, such as computer virus;
- Any dispute over access to the Service arising among users or between users or third parties (including but not limited to whistleblowing, legal action, or other procedures for settlement of the dispute);
- Failure in the system or disconnection of communication equipment;
- A third party’s transmission of malware, virus, Trojan Horse or other equivalent programs via the Service or the Website;
- The user’s failure to keep his/her personal login name or password, or lending of the login name or password to another person;
- The Service, Website or APP are invaded maliciously, or the user’s membership login name is used without authorization due to causes not attributed to the Company;
- The Company fails to provide the Service, in whole or in part, due to causes not attributed to the Company, such as natural calamity, emergency, court’s ruling, competent authority’s order, strike, cyberterrorism and other force majeure incidents.
Insofar as laws permit it, the total liability to be borne by ASPEED Technology Inc. and its affiliates with respect to the Service or any request related to the Service shall be no more than: (A) the proceeds paid by Cupola360 based on the Service accessed by you within 12 months prior to the date when you file the application with Cupola360 in writing, and (B) US$500.
Article 12. Open Source Code
Certain software used by our service might be provided based on the license of open source code provided by us to you. Certain conditions of the license agreement for open source code might prevail over certain provisions herein. Therefore, please do carefully read the license agreement.
Article 13. Questions and Communication
Should the users have any questions or suggestions about the service terms and conditions, please contact the customer service mailbox, cupola360.com, for the Website or APP.
Article 14. Third Party Platform Service Terms and Conditions
The user’s access to the Website and APP services (hereinafter referred to as the “Service”) shall constitute their acknowledgment of the access to the Service, including but not limited to the following third party platform services.
Google API Service
Facebook API Service
PayPal Payment Service
ECPay Payment Service
At the same time, when the users use the third party platform services, the users also acknowledge and agree to comply with the third party platform service terms and conditions. For the regulations, please refer to the links:
(1) For Google, please refer to https://policies.google.com/privacy?hl=zh-TW
(2) For Facebook, please refer to https://www.facebook.com/legal/terms
(3) For PayPal, please refer to https://www.paypal.com/tw/webapps/mpp/ua/privacy-full
(4) For ECPay, please refer to https://www.ecpay.com.tw/CreditCard/Privacy