Terms

These terms of use are effective on July 1, 2015, and the latest update is October 1st, 2016.

Please note that these terms of use may be amended from time to time by Machipopo, Inc. (“we”, “us” or “17”) in 17’s sole discretion as 17 thinks fit.

 

By accessing or using our website available at:  (“17 Website”), services available at 17 Website, and/or any related applications (including but not limited to mobile applications; collectively, “17 Service”) which owned and operated by 17, you explicitly agree to be bound by all the following terms of use (the “Terms of Use”). The Terms of Use govern our relationship with users and others who interact with 17. By accessing or using 17 Service, you agree to the following Terms of Use. Users of 17 Service (the “17 Users”) who do not agree to be bound by any and all Terms of Use shall not access or use 17 Service.

 

1.Registration and Account Security

  i. You must reach the legally required age capable to use services with a nature of 17 Service and capable to agree to the Terms of Use in compliance with the laws applicable to you. Such age may be at least 13 years old in certain jurisdictions.

  ii. Without permission and proper authorization from the duly authorized person, you may not create any account for anyone other than for yourself.

  iii. You may not create any 17 account by unauthorized means, including but not limited to, by using an automated device, harvesting bots, robots, spiders, scrapers or other means with a similar nature.

  iv. Any and all information you provide to 17 upon registration and at all other times shall be true and accurate, and you agree to update such information as necessary to maintain its truth and accuracy.

  v. We reserve the right to force forfeiture of any username and/or account with cause or without cause.

  vi. Without 17’s permission, you may not sell, transfer, license or assign your 17 account or any account rights to others.

  vii. You may not post private or confidential information via 17 Service, including but not limited to your or any other person’s credit card information, bank account information, national identity numbers, passport numbers, social security numbers, driver license numbers, non-public phone numbers or email addresses.

  viii. You may not share your password or other login credentials with others, or do anything which might jeopardize the security of your 17 account.

  ix. You may not solicit login information or access an account belonging to other 17 Users or do anything which might jeopardize the security of others’ 17 account.

  x. If you are using 17 Service on behalf of a legal entity, you represent and warrant that you are duly authorized to enter into an agreement on behalf of that legal entity and your authorization remains valid and effective all the time.

  xi. You agree to have your personal data transferred to and processed in Taiwan and/or any other places where 17 may have self-owned and/or outsourced data process centers as determined by 17 from time to time in its sole discretion.

 

2. Use of 17 Service

  i. You may not post, distribute, transmit, broadcast, publicly display or by any other means to show private, privileged, proprietary, offensive, threatening, violent, violence inciting, nude, discriminating, unlawful, hateful, harassing, obscene pornographic or sexually suggestive data, text, files, information, usernames, images, graphics, pictures, icons, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links or any other content via 17 Service.

  ii. You may not defame, bully, abuse, harass, threaten, or impersonate or intimidate 17 and/or other 17 Users via 17 Service.

  iii. You may not use 17 Service for any illegal or immoral purpose. You shall be in compliance with all applicable laws and regulations when using 17 Service.

  iv. You may not create or submit unauthorized commercial or harassing communications (i.e. spam) to any 17 Users.

  v. You may not transmit any worm, virus, spyware, malware, or other malicious code, or by any other means to interfere, disable, overburden, or impair the proper working, security, privacy or appearance of 17 Service.

  vi. You may not change, modify or alter the functionality, entirety and/or appearance of 17 Service or create derivative works of, decompile, or otherwise attempt to extract our source code or other intellectual properties.

  vii. You may not create, change, modify or alter another website or mobile applications so as to falsely imply that it is associated with 17 Service or 17.

  viii. You may not restrict or attempt to restrict other 17 Users from using 17 Service or interfere or attempt to interfere with other 17 Users using experience in any way.

  ix. You may not facilitate or encourage any violations by anyone of these Terms of Use and/or any other terms issued by 17.

  x. We may, but are not obligated to, prescreen and/or monitor your 17 account and the associated activities and/or content posted by you on or via 17 Service (“Your Content”). In the event that we determine, in our sole discretion, Your Content violates any of these Terms of Use, you agree that we have the absolute right to remove, delete, cancel, edit, change, amend and/or block your 17 account and/or Your Content, in whole or in part, in any way, with or without prior notice.

  xi. You are solely responsible for Your Content and/or your interaction with other 17 Users, whether online or offline. You agree that 17 is not responsible or liable for the conduct of any 17 Users; provided, however, we reserve the right to become involved in disputes between you and other 17 Users when we think fit in our sole discretion.

 

3. Rights to The Content and License Grant

  i. We do not claim ownership of Your Content; provided, however, you agree to grant to 17 a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, non-revocable, worldwide license to use Your Content, subject to the Service's Privacy Policy, available at:  Such license ends when you delete Your Content or deactivate your 17 account, unless Your Content has been shared with other 17 Users. You acknowledge that Your Content may be stored at data process centers for a reasonable time even after your deletion of Your Content or deactivation of your account.

  ii. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the rights and licenses set forth in these Terms of Use (including the rights to sub-license); (ii) the posting and use of Your Content on or via 17 Service does not infringe any third party’s rights, including but not limited to privacy rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties and fees owed by reason of and/or in relation to Your Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and laws of any other jurisdiction that may be applicable to you.

  iii. We reserve the right to remove, delete, cancel, edit, change, amend and/or block Your Content from 17 Service, in whole or in part, for any reason, without prior notice to you. Therefore, you agree that you will not rely on 17 Service for the purposes of Your Content’s backup or storage. We strongly encourage you to maintain your own backup of Your Content if deemed necessary.

  iv. When you delete Your Content and/or deactivate your account, you understand such removed content may persist in backup copies for a reasonable period of time (but the same will not be available to others).

 

  v. There will be occasions where 17 Service is interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or any other reason. In such cases, we will not be liable to you for any modification, suspension, failure, unavailability or discontinuation of 17 Services, or the loss of Your Content, or the loss and/or damage of any kind.

  vi. Except as otherwise described in our Privacy Policy, available at:  any and all of Your Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Your Content. You acknowledge and agree that your relationship with 17 is not a confidential or fiduciary one. None of Your Content will be subject to any obligation of confidence on the part of 17, and therefore 17 will not be liable for any use or disclosure of Your Content by 17 or any other users.

  vii. Some of 17 Service is supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions within 17 Service or in conjunction with Your Content, which may result in editing, changing and/or amending Your Content. You also agree that we are not obligated to notify you the editions, changes and/or amendments made to Your Content, or any changes made to the manner, mode and extent of such advertising and promotions.

  viii. You acknowledge that we may not always identify paid services, sponsored contents, or commercial communications as such used in or in conjunction with 17 Service.

  ix. 17 Service contains contents owned or licensed by 17 (“17 Content”). We own and retain all rights to 17 Content, including but not limited to copyright, work of authorship, creation, invention, trademark, trade name, trade dress, patent, trade secret, know-how, source code, and any other right under applicable laws and regulations. You will not remove, alter or conceal any copyright, trademark, service mark , patent, patent application or other proprietary rights notices incorporated in or accompanying 17 Content and you will not reproduce, modify, adapt, and/or prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit or use 17 Content.

  x. We own the name, logo, trade name and trademark of 17, and therefore, without our prior written permission, you may not copy, imitate or use, in whole or in part, the name, logo, trade name and trademark of 17.

 

4. Royalty Sharing

  i. You will be entitled to royalties based on your 17 account's contribution. You must enter payment information before you can receive your royalties. Royalty balance must be above $100 before you can receive royalties and wire transfer. We will wire transfer your royalties on a monthly basis.

  ii. The calculation method of the royalty amount is to be determined by 17 in its sole discretion. We reserve the right to amend such calculation method from time to time without notice. Downloading the 17 App and continued use of 17 Service shall constitute your agreement and acceptance that the calculation method and distribution of the royalty is to be determined by 17 in its sole discretion.

 

5. Third Party Service

  There may be hyperlinks to third-party websites, applications or features within 17 Service. Functionality of 17 Service may also permit interactions between 17 Service and a third-party website, application or feature, including applications connecting 17 Service or your profile on 17 Service with a third-party website, application or feature. You may choose, at your own risk, to use applications that connect 17 Service or your profile on 17 Service with a third-party service, which is out of the scope of 17 Service and not in our control, and such applications may interact with, connect to or gather and/or pull information (including but not limited to information of contacts) from and to your 17 Service profile. Your interactions with third-party websites, applications or features via 17 Service are solely between you and such third party. You acknowledge 17 does not control, maintain or endorse such third-party services , any of their content, and/or their interactions with you and therefore you expressly agree that 17 is in no way responsible or liable for any such third-party services, applications or features.

 

6. Warranties and Disclaimer

  i. WE ARE PROVIDING 17 SERVICE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT 17 SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT 17 SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. 17 SERVICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLETIVELY, THE “17 PARTIES”)FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR 17, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE OR 17 WILL NOT EXCEED THE GREATER OF USD100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

  ii. WE DO NOT ENDORSE THE CONTENT POSTED BY 17 USERS AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

7. Indemnification

  i. You, along with any third party for whom you operate an account or activity on 17 Service, agree to indemnify and hold the 17 Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to, reasonable attorney fees, legal fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct or indirect activities on 17 Service or those conducted on your behalf): (a) Your Content or your access to or use of 17 Service; (b) your breach or alleged breach of these Terms of Use; (c) your violation of any third-party right, including but not limited to any intellectual property right, publicity, confidentiality, property, goodwill, portrait, name, or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (e) any misrepresentation and/or misconduct made by you. You will cooperate as reasonably required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any claim without our prior written consent.

  ii. Our failure to enforce strict performance of any provision of these Terms of Use or any part of them will not be construed as a waiver of any provision or right or any other part of them. No waiver of any of these Terms will be deemed a future or continuing waiver of such term or condition or any other terms or conditions.

 

8. Amendments and Modification

  i. We reserve the right, in our sole discretion, to amend these Terms of Use (the “Amended Terms”) from time to time in our sole discretion as we think fit. We will provide reasonable advance notice before the Amended Terms become effective. You agree that we may notify you of the Amended Terms by posting them on 17 Service or 17 Website and you are obligated to check and review the Amended Terms at all time. Your continued use of 17 Service, following our notice of changes and/or amendments to these Terms of Use, shall constitute your acceptance of our Amended Terms. If you do not agree to the Amended Terms, you shall immediately cease all your use of 17 Services and shall deactivate your account and not access or use 17 Service any further.

  ii. We may apply additional Terms of Use to special feature of 17 Service from time to time in our sole discretion as we think fit. In such cases, the additional Terms of Use to special feature shall prevail in the event that any conflict exists with these Terms of Use.

 

9. Termination and Effect of Termination

  i. Violation of any of these Terms of Use may result in deactivation of your 17 account.

 

  ii. We reserve the right to terminate 17 Service or your access to 17 Service for any or no reason, with or without prior notice, at any time, and without liability to you. If we terminate your access to 17 Service or deactivate your 17 account, you fully understand and agree that all your data and your 17 points/royalty sharing will no longer be accessible by you through your 17 account.

  iii. If we deactivate your 17 account, you may not create another account without our prior written permission.

  iv. Except for the following provisions, these Terms of Use shall cease to be effective and valid upon the deactivation of your 17 account: Sections 6, 7, 9 and 10 and provisions in respect of the rights, obligations, and licenses over 17 Content and Your Content.

 

10. Governing Law, Jurisdiction and Disputes Resolution

 

  i. These Terms of Use, as well as any claim and/or dispute that might arise or occur between you and 17, are governed by and construed in accordance with the laws of Taiwan, without giving effect to any principles of conflicts of law of Taiwan.

 

  ii. You agree to resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use exclusively in Taipei District Court (Taiwan), and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims and not to assert any defense or claim based on improper venue or inconvenient forum.

 

 

11. Assignment and Delegation

     Without our prior written permission, you may not assign or delegate these Terms of Use or any rights or obligations hereunder, in whole or in part, to any third party. Any assignment or delegation by you without our prior written permission shall be null and void. We may assign these Terms of Use or any rights or obligations hereunder, in whole or in part, to any third party without your consent.

 

 

12. Entire Agreement

     These Terms of Use constitute the entire agreement between you and 17 and govern your use of 17 Service, and supersede any prior agreements between you and 17, subject to the amendments thereto set forth in Section 8.

 

 

13. Severability

     To the extent that any provision of these Terms of Use is inconsistent with applicable laws or otherwise unenforceable, to the extent that such provision does not prevent performance of and interfere with the purpose of these Terms of Use or the performance of the other provisions, such inconsistency or unenforceability will not affect the validity of any other provision and these Terms of Use.

 

 

14. Territorial Restrictions

     Information provided within 17 Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to laws and regulations or which would subject 17 to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of 17 Service or any portion of 17 Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the functionalities and/or quantities of any content, program, product, service or other feature that we otherwise provides. You are obligated to deactivate your account and cease using 17 Services if such use is not permitted under laws applicable to your use and/or such use will obligate 17 to any registration.

 

 

These Terms of Use were written in Chinese. To the extent any translated version of these Terms of Use conflicts with this Chinese version, this Chinese version shall prevail.

 

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