Terms of Member Service
TERM 1: FORWARD
SHAN CHOICES CO., LTD.(hereinafter referred to as "the company") provides the service (Hereinafter referred to as "the service") of the website "BaiYuGu"(https://www.baiyugu.com/) according to these member service terms (Hereinafter referred to as the "terms"). When you finish membership registration, or start using the service, it indicates that you have already read, understood and agreed to accept all the content of the terms. The company reserves the right to amend or change the content of the terms. The company will not notify to any individual member of the made changes, so we suggest that you note any changes or amendments at all times. If you continue using the service after the amendments of the terms, it indicates that you have already accepted the amendments. If you do not agree to the amendments, please stop using the service immediately.
TERM 2：OBLIGATIONS OF MEMBER REGISTRATION
When using this service, you agree to the following:
- You must ensure the information or data you provide to the company, including but not limited to the data provided at registration time or during subsequent usage of the service, are genuine, and never registered or duplicated in the name of a third person. If you have any changes to the information that you’ve provided, you should take the initiative to update the company immediately, and if any damage is caused by the failure of the update, the company shall not be liable for any liability.
- If you provide any incorrect or false data, or do not provide information as instructed, or lack the necessary data, or if you have a duplicated registration and so on, the company also has the right to suspend, terminate, delete your account and all the records regarding your use of the service, and refuse you to use this service without prior notice.
TERM 3：MEMBER ACCOUNT, PASSWORD AND SECURITY
After completing the registration procedure, it is your responsibility to maintain the confidential security of the password and account. You are solely responsible for any person who enters the service with your account password. In order to ensure the security of your account password, you agree to the following:
- After you have used the various service functions of the website, be sure to log out your account if you are sharing a computer with someone or using a public computer, and remember to close the browser window.
- If your password or account is stolen or any other security issue occurs, you should notify the company immediately, and the company will take appropriate measures.
- Your account number, password and membership rights are only for your own use and enjoyment, and not to lend, transfer or share with others.
- If the account and password are embezzled, improperly used or otherwise the company is unable to identify whether it is for your own use, the company will not be liable for any damage caused.
- The company will not bear any liability for any loss caused by your breach of the foregoing provisions.
TERM 5: RESPONSBILILITIES AND OBLIGATIONS OF MEMBERS
You undertake not to use this service for any unlawful purpose or in any unlawful manner, and to comply with the relevant laws and regulations of the Republic of China and all international practices in the use of the Internet. If you are a user outside the Republic of China, you should also abide by the laws of your country or territory. You agree and guarantee that this service shall not be used for the infringement of the rights of others or any unlawful acts, including, and not limited to:
- Publishing or transmitting any text, picture or any form of file that is defamatory, insulting, threatening, offensive, indecent, obscene, untrue, contrary to public order or good custom or any other kind that violates the law.
- Infringement or damage of the company or other people's reputation, privacy, business secrets, trademarks, copyrights, patents, other intellectual property rights, personal rights and other legal rights.
- Breach of confidentiality obligations under law or deed.
- Using the service in the name of others.
- Transmission and dissemination of computer viruses or in any way to attack or paralyze the service or other users of the service.
- Engaging in commercial conduct without prior written consent of the company.
- Publishing, transmiting, sending spam, illegal or multi-level marketing information and advertisement without the permission of the company, or store any material infringing on the intellectual property rights of others or violating the law.
- The act of causing distress, displeasure of other users of the service or the third party and the act of violating of the general network etiquette.
- Theft of personal data from other users of the service in any way.
TERM 6: DATA AUTHORIZATION
- If you do not have the lawful right to authorize others to use the information content in the form of reproduction, dissemination, conversion, public transmission, public broadcasting and public publication, do not upload, import or provide the data to the company.
- That you have posted or uploaded on the service any comments, pictures, and audio-video products indicates that you agree to that all (including the third party outside the company) can store, access or use use the data with you (for example, the name of the user you are publishing the information with). The company is also entitled to a global non-exclusive, transferable, renewable and authorized license for such information to be used in such manner as the reproduction, dissemination, modification, public transmission, public broadcasting and public publication of such data.
- You guarantee that the use of the foregoing authorization by the company in accordance with this article shall not constitute any infringement of the intellectual property or other rights of any third party; otherwise, you shall be liable for damages to the company (including and not limited to litigation costs, settlements, damages, attorneys' fees, etc.).
TERM 7: SUSPENSION AND TERMINATION OF THE SERVICE
- The company is entitled to suspend or terminate the provision of all or part of the service at any time based on the operational safety considerations of the service.
- In the event of any breach of this terms of service or of any action which causes damage to the company and/or any difficulty in the operation of the service (including, and is not limited to, the dissemination of negative remarks about the company and/or the person in charge and/or the employees of the company and/or the service, the irresponsible return, exchange and/or cancelling orders after submitting orders in the BaiYuGu website provided by the company), the company shall immediately freeze or terminate your password, account or the right of use of the service, and is not liable for any compensation to you or any third party.
TERM 8: LIMITATION OF LIABILITY
- The services provided by the company are available only in accordance with the functions and status of the service at that time.
- The company does not guarantee that any mail, file or data of the service is reliable and accurate in the transmission process, and does not guarantee the security, reliability, integrity, correctness and continuous line and error of the mails, files or data stored or transmitted.
- You should back up all the data you have uploaded, published or stored in the service, and we do not guarantee that your data stored in the system will be fully backed up. You hereby confirm that the company is not liable for the loss of and damage to the files or the destruction of your computer systems while using the service.
TERM 9: CESSATION OR INTERRUPTION OF SERVICES
The company shall have the right to stop or discontinue the provision of part or all of the service if the following circumstances arise:
- Electronic communication equipment undergoes general necessary maintenance and construction.
- A sudden electronic communication equipment failure occurs.
- The application of the network communication service is stopped and the service cannot be provided.
- Because of the reasons such as natural disasters, which cannot be attributed to the company, the company is unable to provide the service.
TERM 10: INTELLECTUAL PROPERTY PROTECTION
- The software or program used in the service, all content on the website, including and not limited to works, pictures, files, information, data, web site structure, web site arrangements, web design, have their intellectual property rights held by the company or other rights holders, including and not limited to trademarks, patents, copyrights, business secrets and special skills. No person shall, before obtaining the written consent of the company and the relevant obligee, use, modify, reconstruct, publicly broadcast, alter, distribute, issue, publish, publicly transmit, carry out restoration works, decoding or reverse engineering.
- Respect for intellectual property rights is your obligation, if there is a violation, in addition of your liability to the company and the relevant rights holders, the company has to revoke your membership.
TERM 11: APPLICABLE LAW AND JURISDICTION COURT
The interpretation and application of these articles shall be dealt with in accordance with the laws of the Republic of China, except as otherwise provided by law, the relevant disputes arising from this clause shall be subject to the first jurisdiction of the Taipei District Court of Taiwan.
TERM 12: LANGUAGE DISCREPANCY
Should there be a conflict in meaning or terms among the Traditional Chinese language version of this Agreement and the other language version of this Agreement, the Traditional Chinese language version shall prevail.