Terms and Conditions of Use
These service terms and conditions (hereinafter referred to as these
“Terms”) are the terms and conditions of use for all CHATISFY website and
all relevant products and software (hereinafter referred to as the
“Services”) provided by CHATISFY (hereinafter referred to as the “Company”),
constituting terms and conditions entered into between the individuals or
corporations using the Services (hereinafter referred to as the “Users”) and
the Company.
- Services:
The Services provide Users with various limited access to CHATISFY services,
including any update, reinforcement program, new function and/or newly added
web feature, all of which shall be governed by these Terms. If the User does
not have a paid CHATISFY member account, these Terms shall be applicable to
the limited CHATISFY services available to the User without a paid member
account.
- Consent to Terms:
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The Services provide Users with various limited access to CHATISFY
services, including any update, reinforcement program, new function and/or
newly added web feature, all of which shall be governed by these Terms. If
the User does not have a paid CHATISFY member account, these Terms shall
be applicable to the limited CHATISFY services available to the User
without a paid member account
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Users shall use the Services in compliance with these Terms and shall only
use the Services if the Users have validly and irrevocably agreed to these
Terms.
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If the User is a minor, he/she can only use the Services with the consent
of his/her legal representative such as a guardian. In addition, if the
User uses the Services for an operator, the operator shall agree to these
Terms before the Services can be used.
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Once a User uses the Services, it shall be deemed to have validly and
irrevocably agreed to these Terms. If the Services are governed by
individual terms of use, in addition to these Terms, the User shall also
use the Services in accordance with individual terms of use.
- Amendment
As deemed necessary, the Company may amend these Terms and individual terms
of use at any time without prior notice to the Users. The amended Terms and
individual terms of use shall take effect from the publication on the
website operated by the Company.
If the User continues to use the Services after amendment to these Terms and
individual terms of use, it shall be deemed to have validly and irrevocably
agreed to the amended Terms and the applicable individual terms of use.
Since the Company does not give individual notice to Users about relevant
amendment, Users are asked to view the latest version of these Terms and
individual terms of use at any time when they use the Services.
- Member Account, Passcode and Security:
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If a User is required to open an account under any circumstances, the User
shall follow the instructions on the applicable registration form and
provide full, truthful and correct information that is up to date to
complete the registration procedure. Information shall also be updated
from time to time.
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Users must choose passcodes and usernames and are fully liable for and
shall be solely responsible for the strict confidentiality of user
passcodes and the maintenance of other non-public account information. All
activities engaged through such passcodes shall be deemed activities by
the Users themselves and the Users shall be fully liable for all
activities under their accounts.
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The User agrees that, if any person uses the User’s account without
authorization or in case of any act in breach of security, an immediate
notice shall be given to the Company.
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If the User suffers losses due to any other person’s use of the User’s
username, passcode or account, regardless of whether the User is aware,
the Company shall not bear any compensation liability. If the Company or
any other person suffers losses due to any other person’s use of the
User’s username, passcode or account, the User may be liable for
compensation.
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The accounts for the Services are personal to the Users. No User shall use
the account number of any other person at any time without the approval of
the account owner.
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If the Company deems that a User has breached or may breach this clause,
it may suspend or delete its account without prior notice to the User.
- Privacy
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The Company respects the Users’ privacy. For disclosure about collection
and use of User information, please refer to the CHATISFY Privacy Policy.
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The Company will duly process User’s privacy information and personal
information in accordance with the CHATISFY Privacy Policy.
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The Company will manage information collected from Users in a secure
manner and will undertake strict measures of security management.
- Advertisement
The Company may publish advertisements about the Company, Users or third
parties in the Services.
- Information:
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The Services, together with all information provided in the website and
linked contents, including but not limited to software, themes,
whitepaper, interface, information form, videos and FAQs (hereinafter
collectively referred to as the “Information’) constitute copyrighted work
of the Company and/or its suppliers. The Company and the components of the
Services are protected by product image, trademark, unfair competition and
other laws and shall not be reproduced or copied in whole or in part.
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Unless the Company grants express approval, no logo, graphic, audio or
video in the Services or the website shall be reproduced or forwarded.
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The Company and the Services may be entitled to patent, patent application
right, trademark, copyright or other intellectual property rights to the
contents of Information. Unless the Company or the Services expressly
provides in writing, the provision of Information to the Users does not
grant the Users any right to use the above patent, trademark, copyright or
other intellectual property rights.
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The Services will not grant to the User any intellectual property right in
the Services or the Information accessed by the User unless agreed by the
owners of the relevant Information or permitted by law. Any other right
that is not expressly granted under the authorization terms is reserved by
the Company, the Services and/or the Suppliers.
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When a user provides information to the Company or the Services (including
feedback comments and suggestions) or posts, uploads, inputs or sends to
any website service information available for viewing by the general
public or any public or private community members (hereinafter
collectively referred to as “Submitted Information”), neither the Company
nor the Services will claim ownership to such information. However, the
User’s posting, upload, input, provision or sending of its Submitted
Information constitutes a free license granted by the User to the Company
and its affiliates, including necessary assignees and their Internet
businesses (including but not limited to the Company and the Services) the
right to use the Submitted Information. Such license includes but is not
limited to the following right of use:
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Duplication, dissemination, transmission, public display, public
performance, reproduction, editing, translation and reformatting the
User’s Submitted Information;
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Publication of the names related to the User’s Submitted Information;
- Sublicense of such right to any supplier of website services.
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Users’ use of information is governed by the Terms and Conditions of
Information License and these Terms. No use shall be engaged beyond the
manners of use stipulated in the Services, nor shall there be any of the
following:
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Removal, coverup, modification, alteration or change of the copyright
statement or any accompanying legal statement indicated in any service;
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Disseminate the information to third parties, including any reproduction,
transmission, forwarding, change and display of information on connected
computers, available for access by any other computer on the network, or
public broadcasting of information in any media;
- Any alteration to information.
- Software
-
All software provided by the Services (hereinafter referred to as the
“Software”) constitutes copyrighted work of the Company and/or its
suppliers. The use of Software may be subject to accompanying or enclosed
Terms of License (hereinafter referred to as “License Agreement”).
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If a User does not agree to the License Agreement first, it shall be
deemed that the User has not been authorized to install any Software.
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The Software is only provided for download for the User’s use in
accordance with the License Agreement.
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It is prohibited to engage in any reproduction or dissemination of the
Software other than in accordance with the License Agreement.
- Business Partner Services
The Services may include services or information provided by operators and
users with business partnership with the Company. Any damage caused by any
such service or information shall be the liability operators providing the
service or information. In addition, the operators providing such services
or information may have established terms of use or other terms for the
services or information that they provide.
- Services
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The Company grants Users the right to use the services it provides. If
there are other provisions about usage fee or conditions of use during the
period of use, the use shall be subject to these conditions of use.
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Once a User has agreed to the conditions of use under the previous
paragraph, in no circumstance shall the User ask the Company to terminate
the Services and/or to refund any fee already paid.
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Notwithstanding the words of “purchase,” “sale,” etc. indicated in the
interface of the Service, the Company does not transfer to the Users any
relevant intellectual property rights or other rights provided by its
business partners or other Users. Users are only granted the above right
of use.
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The Services may provide messaging or communications facilities, designed
to allow Users to communicate with others or to share information
(hereinafter collectively referred to as “Messaging Services”). Users
agree to use the Messaging Services only for the purpose of posting,
sending and receiving messages and information related to specific
Messaging Services.
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If the User chooses to share information with others through the Messaging
Services, the User shall be deemed to have granted the right of use to all
Users in the Messaging Services, including the right to use, revise and
re-post the information or solutions. Users also allow the Company and the
Services to provide the above to the Users in the manner and at the
locations of their choices.
- Prohibitions
Users undertake not to engage in below activities in the use of the
Services:
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Any act in breach of law, court judgment, ruling or order or legally
binding administrative measure.
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Any malicious act that is illegal, misleading, solicitating or
discriminative and any act that jeopardizes public order or good customs.
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Provision through upload or otherwise of any image, photograph, software
or other information files that is protected by intellectual property laws
(such as, including but not limited to Copyright Act or Trademark Act, or
privacy or image right) or that jeopardizes the intellectual property
rights such as copyright, trademark or patent, reputation rights, privacy
rights or other legal or contractual rights of the Company or any third
party.
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Use of any data or information (including image or photograph) provided
through the website services in any manner that jeopardizes any other
person’s copyright, trademark, patent, trade secret or other proprietary
rights.
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Sending any content that encourages hatred, threat, instigation of
violence, expression of excessive violence or orientation of bloody
violence, pornography, nudity, excessive sexual implication,
discrimination based on race, nationality, religion, gender, social status
or family background, soliciting or abetting suicide, self-harm or drug
abuse and other unpleasant expressions including anti-social scenarios.
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Disguise as the Company or any third party or intentional dissemination of
false information.
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Packaged survey or competition (other than survey or competition organized
by the Company, partners of the Services or the Company or customers
through our website), unlawful multi-layered sales (such as pyramid
sales), act for the purpose of sexual behavior or obscenity, act for the
purpose of knowing or interacting with unacquainted members of the
opposite gender, act for the purpose of harassment or slander against
other Users, acts to use the Services beyond the purpose for which the
Services are engaged.
- Provision of benefit or other assistance to anti-social forces.
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Solicitation to participate in religious events or religious groups.
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Acquisition or attempted acquisition of any data or information other than
through manners provided by the website services.
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Interference with the server or network system of the Services, use of
BOT, cheating tools or other technical means to operate the services
improperly, intentionally taking advantage of bugs in the Services,
repeating the same questions in an excessive manner to create undue
consultation or demand to the Company, otherwise obstructing the operation
of the Services by the Company or use of the Services by other Users and
creating interferences.
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Uploading viruses, other malicious codes or otherwise jeopardizing,
suspending, overloading or damaging the servers of the Company or the
Services or the connection of any server of the Company or the Services to
any network, or otherwise interfering with other people’s use and
enjoyment of the Services through website services.
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Breach of any applicable law or regulations, establishing false user
identity for the purpose of misleading others, use, download or other
reproduction of any catalogue of website service users, information about
other users or their use or any part thereof or provision of such
information to any other individual or organization (with or without a
fee).
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Assisting or encouraging any act in breach of this statement or policy or
supporting or abetting any such act.
- Other act deemed improper by the Company.
- Exceptions
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To comply with any applicable law, regulations, legal procedure or
government requirement, the Company and the Services have the right to
disclose or edit any information at any time or refuse to display or
remove any information or data (in whole or in part) at the discretion of
the Company and the Services. Users should exercise due care when they
provide personally identifiable information of themselves or their
children in any Messaging Services.
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Neither the Company nor the Services controls or recognizes any content,
message or information in the Messaging Services. Therefore, the Company
and the Services hereby declare that it shall not be liable for any
consequence arising out of the Messaging Services or the Users’
participation in the Messaging Services. The administrators or
representatives are not spokespersons authorized by the Company or the
Services. Therefore, their opinions do not necessarily represent the
opinions of the Company or the Services.
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The use, reproduction or broadcast of information uploaded to the
Messaging Services may be subject to publication restrictions. Users
should comply with such restrictions if they download such information.
- User Liability
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Any User conduct in the Services and the consequences thereof constitute
the User’s personal conduct, for which the User shall be undertake full
liability. The Company shall not be legally liable for the Users or any
third parties for such conduct.
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If the Company deems that a User’s use of the Services is in breach of
these Terms, it will undertake measures deemed necessary and proper by the
Company. However, the Company is not obliged to prevent or correct such
breach.
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If the Company suffers any direct or indirect damage (including but not
limited to fine, penalty, settlement payment, attorney’s fee, litigation
fee, etc.) due to any User’s use of the Services (including but not
limited to any third-party complaint received by the Company), the User
shall compensate the Company.
- Company Disclaimer
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None of the Company, the Services or their suppliers will provide any
statement about the suitability of any information published together with
the website services for any purpose or any information included in
relevant graphics. All such information and relevant graphics, as well as
the website services, are provided on “as is” basis and do not constitute
defect warranty of any type.
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None of the Company, the Services or their suppliers provides any warranty
or condition for the above information, including any express, implied or
statutory defect warrant or condition related to merchantability, fitness
for particular purpose, ownership or non-infringement.
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The information published on the website and relevant graphics may include
incorrect technical content or typographical errors. The Company, the
Services or their suppliers may make corrections and/or change such
website services and/or information at any time.
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None of the Company, the Services or their suppliers shall be liable for
any special, indirect or consequential damage, or any damage caused by the
right of use, loss of data or profit, regardless of the basis of such
damage such as contract, negligence or other tortious act and regardless
of whether such damage is caused by the use or operation of website
services or the provision or non-provision of any data, service or any
website service.
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The Company does not provide any express or implied guarantee that the
Services are without factual or legal defect (including defect related to
security, reliability, correctness, completeness, validity, fitness for
particular purpose and safety, error or program error or torts, etc.)
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The Company shall not be liable for any damage caused by the Services to
the Users, including failure to perform obligations or tortious acts.
However, this disclaimer is not applicable in relation to the products or
services provided under the Consumer Protection Act in the contract
related to these Services (including these Terms) between the Company and
the Users.
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In case of a proviso under the previous paragraph, the
compensation shall be limited to the amount charged from the Users in the
month during which the damage was incurred.
- Feedback Comment:
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In providing any feedback comment to the Company or the Services, the User
shall be deemed to have granted the Company or the Services an
irrevocable, permanent and assignable license to use, share and
commercialize in any manner the User’s feedback comment free of charge for
any purpose, as well as the right to further grant to third parties free
of charge a patent on the feedback comment required for such third party’s
product, technology or service to use or integrate any part of the
products or services of the Company or the Services. Such rights shall
survive the termination, cancellation, invalidity or expiry of these
Terms. Neither the Company nor the Services has the obligation to publish
or use any Submitted Information provided by the Users. The Company and
the Services may also decide at their own discretion to remove any
Submitted Information.
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In accordance with these Terms, the User’s publication of Submitted
Information constitutes the User’s warranty and representation that the
User owns or otherwise controls all rights over the Submitted Information,
including but not limited to all rights required for the User to provide,
publish, upload, input or submit the Submitted Information.
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Other than the above warranty and representation, if the Submitted
Information published by the User includes any image, photograph, picture
or other information including full or partial graphic (hereinafter
referred to as “Image”), it shall constitute the User’s warranty and
representation of the following:
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The User is the copyright owner of such Image or the copyright owner of
such Image has agreed to the User’s use of the Image or any content
included in the Image in accordance with the manner and purpose of use of
the Image, these Terms and other permitted manners of the website
services;
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The User owns the right required for the license and sublicense provided
in these Terms;
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Each person referred to (or that may be referred to) in the Image has
agreed to use the Image in accordance with these Terms, including but not
limited to the dissemination, public display and reproduction of such
Image. The User’s publication of the Image constitutes the User’s consent
to grant the following persons to use the User’s Image in the services in
the manner permitted in these Terms:
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All members of private communities may use all images provided for use by
members of such private communities;
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The general public may use all images provided in the website services
(and not in private communities);
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Non-exclusive, worldwide, royalty-free right of use to reproduce,
disseminate, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat the Image without accessories and sublicense
of such right to any supplier of website services.
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When a User fully removes an Image from the website services, the right to
use such Image under the previous clauses shall terminate, provided that
the termination of such right of use shall be without jeopardy to any
right of use granted in relation to the Image before the User fully
removes the same Image.
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The website services may include links to third-party supplier websites
outside the website. These websites are beyond the control of the Company
or the Services. Neither the Company nor the Services has made any effort
to review the contents of these websites, including the validity, legality
of such contents, whether copyright or etiquette is respected, and neither
the Company nor the Services will be liable for the contents of these
websites. If CHATISFY includes in the website any link to such third-party
supplier website, such link is only provided for convenience.
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Neither the Company nor the Services shall provide any endorsement or
representation or guarantee of any form for any matter related to any
third-party supplier website, service or product.
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Any product or service acquired by the User from any third-party supplier
or any information exchanged between the User and such third-party
supplier remains the affairs between the User and the third-party
supplier. Third-party supplier websites may be subject to the third-party
terms, conditions and privacy statement.
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The Company or the Services may suspend the posting of links to any
third-party supplier website by the User or any other person on the
website.
- Intellectual Property Rights:
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The Company, the Services and their suppliers reserve all rights,
ownership and interest in this website and the website services, including
all copyright, patent, trade secrets and other intellectual property
rights.
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All rights that have not been expressly granted are reserved by the
Company or the Services.
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Nothing in these Terms grants or implies the granting of any rights to the
trademark, product name or logo of the Company, the Services or the
suppliers. All rights that have not been expressly granted are reserved.
- Communication
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The Company will communicate with the Users for matters related to the
Services by publishing contact manners at suitable locations within the
website operated by the Company or in other manners deemed suitable by the
Company.
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To contact the Company for any matter related to the Services, Users are
asked to send feedback forms placed in proper locations of the website
operated by the Company or in other manners designated by the Company.
- Governing Law and Court of Jurisdiction
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These Terms are written in the Chinese language. In case of conflicts
between any translated version of these Terms and the Chinese version, the
Chinese version shall prevail.
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These Terms are interpreted and applied in accordance with the laws of the
Republic of China, to the exclusion of any conflict of laws.
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In case of any disputes between a User and the Company arising out of or
in connection with the Services, the Taipei District Court or the Taipei
Summary Court shall be the exclusive first-instance court of jurisdiction.
The Terms were amended independently by the Company and the Services
on 12 December 2019, with all rights reserved.