- Description And Use Of The Service
- In order to access and use the features of the Service, You acknowledge and agree to provide Smile the phone number and Smile may collect information of your contacts in your device.
- No right, title or interest in any intellectual property owned by Smile will be licensed to You by Smile through your use of the Service.
- You understand and agree that the Service may include advertisements of Smile or the third party.
- In order to use the Service, You shall obtain access to the Internet, You shall be solely responsible for and pay any service fees associated with such access and for all costs of any equipment used to gain such access (which could include third party fees).
- Collection of Personal Information and Communication
- In order to access and use the Service, You agree to provide Smile with your phone number, as well as the phone numbers of third parties whom You wish to use the Service with.
You may not and will not allow any third party to:
- Copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the applicable local laws) or improvements (as defined by the applicable local laws) to the Service or Smile application or otherwise attempt to discover the source code or protocols in the Service or Smile application;
- Incorporate the Service or the Smile application, or any portion thereof, into any other service, software, hardware, or other technology manufactured or distributed by or for You;
- Disrupt accounts, computers or networks related to the Service or its users;
- Sell, lease, loan, distribute, transfer, sublicense, reproduce, duplicate, copy, trade or exploit the Service or access thereto or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise, without Smile's prior, express and written permission;
- Use the Service to participate in pyramid schemes or chain letters;
- Use the Service to send, either directly or indirectly, any unsolicited bulk messenger, e-mail or communications or unsolicited commercial messenger, e-mail or communications;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Send, share or otherwise make available, any material protected by intellectual property laws unless You own or control the rights to such material or have received all necessary licenses;
- Send or otherwise make available any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software that may damage the operation of another's computer or property; or
- Violate any code of conduct or other guidelines which may be applicable to the Service.
- Smile Makes No Warranties
- You understand and agree that Smile provides the Service "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE", and that Smile assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You also understand that Internet is not a secure environment for communication, and Smile shall not be responsible for the security or privacy of communications sent via the Service.
- You understand that when using the Service You will be exposed to information submitted by You and other users from a variety of sources, and that Smile shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such information, and that information are not the responsibility of Smile. You further understand and acknowledge that You may be exposed to information that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Smile with respect thereto, and agree to indemnify and hold Smile, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- We may change the Service or delete any features thereof at any time and for any reason. Smile shall not be responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, transmissions or data. In addition, Smile shall not be responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the Service, (2) any incompatibility between the Service and other web sites, services, software and hardware, or (3) any delays or failures You may experience in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner.
- The Service may contain links to third party websites that are not owned or controlled by Zaoo Inc. Smile has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Smile will not and cannot censor or edit the content of any third-party websites. By using the Service, You expressly acknowledge and agree that Smile shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
- Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMILE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Smile HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF ACCESS THE SERVICE; (c) ANY ILLEGAL USE OF THE SERVICE.
- Choice of Law And Location For Resolving Disputes
- You irrevocably consent to the exclusive jurisdiction and venue of The Taiwan Taipei District Court for all disputes relating to this Term of Use or the Service.