Terms and Conditions

Last updated [20thSep., 2020]


AGREEMENT TO TERMS 

These Terms of Use constitutea legally binding agreement made between you, whether personally or on behalfof an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the [yuchocolatier.com.tw]website as well as any other media form, media channel, mobile website ormobile application related, linked, or otherwise connected thereto(collectively, the “Site”).


You agree that by accessingthe Site, you have read, understood, and agree to be bound by all of theseTerms of Use. If you do notagree with all of these Terms of Use, then you are expressly prohibitedfrom using the Site and you must discontinue use immediately.

 

Supplemental terms andconditions or documents that may be posted on the Site from time to time arehereby expressly incorporated herein by reference. We reserve the right, in oursole discretion, to make changes or modifications to these Terms of Use at anytime and for any reason.

 

We will alert you about anychanges by updating the “Last updated” date of these Terms of Use, and youwaive any right to receive specific notice of each such change.

 

 

 

 

Itis your responsibility to periodically review these Terms of Use to stayinformed of updates. You will be subject to, and will be deemed to have beenmade aware of and to have accepted, the changes in any revised Terms of Use byyour continued use of the Site after the date such revised Terms of Use areposted.

 

The information provided onthe Site is not intended for distribution to or use by any person or entity inany jurisdiction or country where such distribution or use would be contrary tolaw or regulation or which would subject us to any registration requirementwithin such jurisdiction or country.

 

Accordingly, those personswho choose to access the Site from other locations do so on their owninitiative and are solely responsible for compliance with local laws, if and tothe extent local laws are applicable. 

 

Option 1: The Site isintended for users who are at least 18 years old. Persons under the age of 18are not permitted to use or register for the Site.

 

Option 2: [The Site isintended for users who are at least 13 years of age.] All users who are minorsin the jurisdiction in which they reside (generally under the age of 18) musthave the permission of, and be directly supervised by, their parent or guardianto use the Site. If you are a minor, you must have your parent or guardian readand agree to these Terms of Use prior to you using the Site.

 INTELLECTUAL PROPERTYRIGHTS

Unless otherwise indicated,the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by usor licensed to us, and are protected by copyright and trademark laws andvarious other intellectual property rights and unfair competition laws of the Taiwan,foreign jurisdictions, and international conventions.

The Content and the Marks areprovided on the Site “AS IS” for your information and personal use only. Exceptas expressly provided in these Terms of Use, no part of the Site and no Contentor Marks may be copied, reproduced, aggregated, republished, uploaded, posted,publicly displayed, encoded, translated, transmitted, distributed, sold,licensed, or otherwise exploited for any commercial purpose whatsoever, withoutour express prior written permission.

Provided that you areeligible to use the Site, you are granted a limited license to access and usethe Site and to download or print a copy of any portion of the Content to whichyou have properly gained access solely for your personal, non-commercial use.We reserve all rights not expressly granted to you in and to the Site, theContent and the Marks.

USER REPRESENTATIONS

 By using the Site , yourepresent and warrant that:

 (1) all registrationinformation you submit will be true, accurate, current, and complete;

(2) you will maintain theaccuracy of such information and promptly update such registration informationas necessary;

(3) you have the legalcapacity and you agree to comply with these Terms of Use;

(4) you are not under theage of 13;

(5) you are not a minor inthe jurisdiction in which you reside[, or if a minor, you have receivedparental permission to use the Site];

(6) you will not access theSite through automated or non-human means, whether through a bot, script orotherwise; 

(7) you will not use the Sitefor any illegal or unauthorized purpose;

(8) your use of the Site willnot violate any applicable law or regulation.

If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of the Site (or any portion thereof).

USER REGISTRATION

You may be required toregister with the Site. You agree to keep your password confidential and willbe responsible for all use of your account and password. We reserve the rightto remove, reclaim, or change a username you select if we determine, in oursole discretion, that such username is inappropriate, obscene, or otherwiseobjectionable.

PRODUCTS

We make every effort todisplay as accurately as possible the colors, features, specifications, anddetails of the products available on the Site. However, we do not guaranteethat the colors, features, specifications, and details of the products will beaccurate, complete, reliable, current, or free of other errors, and yourelectronic display may not accurately reflect the actual colors and details ofthe products.

All products are subject toavailability, and we cannot guarantee that items will be in stock. We reservethe right to discontinue any products at any time for any reason. Prices forall products are subject to change.

PURCHASES AND PAYMENT

We accept the following formsof payment: Credit Cards, PayPal Express. You agree to provide current,complete, and accurate purchase and account information for all purchases madevia the Site. You further agree to promptly update account and paymentinformation, including email address, payment method, and payment cardexpiration date, so that we can complete your transactions and contact you asneeded. Sales tax will be added to the price of purchases as deemed required byus. We may change prices at any time. All payments shall be in New TaiwanDollars.

You agree to pay all chargesat the prices then in effect for your purchases and any applicable shippingfees, and you authorize us to charge your chosen payment provider for any suchamounts upon placing your order.

If your order is subject torecurring charges, then you consent to our charging your payment method on arecurring basis without requiring your prior approval for each recurringcharge, until such time as you cancel the applicable order. We reserve theright to correct any errors or mistakes in pricing, even if we have alreadyrequested or received payment.

We reserve the right torefuse any order placed through the Site. We may, in our sole discretion, limitor cancel quantities purchased per person, per household, or per order. Theserestrictions may include orders placed by or under the same customer account,the same payment method, and/or orders that use the same billing or shippingaddress. We reserve the right to limit or prohibit orders that, in our solejudgment, appear to be placed by dealers, resellers, or distributors.

RETURN/REFUNDS POLICY 

All sales are final and norefund will be issued./Please review our Return Policy posted on the Site priorto making any purchases. 

PROHIBITED ACTIVITIES

You may not access or use theSite for any purpose other than that for which we make the Site available. TheSite may not be used in connection with any commercial endeavors except thosethat are specifically endorsed or approved by us.

 

As a user of the Site, youagree not to:

1.     systematically retrieve data or other contentfrom the Site to create or compile, directly or indirectly, a collection,compilation, database, or directory without written permission from us.

2.     make any unauthorized use of the Site, includingcollecting usernames and/or email addresses of users by electronic or othermeans for the purpose of sending unsolicited email, or creating user accountsby automated means or under false pretenses.

3.     use a buying agent or purchasing agent to makepurchases on the Site.

4.     use the Site to advertise or offer to sell goodsand services.

5.     circumvent, disable, or otherwise interfere withsecurity-related features of the Site, including features that prevent orrestrict the use or copying of any Content or enforce limitations on the use ofthe Site and/or the Content contained therein.

6.     engage in unauthorized framing of or linking tothe Site.

7.     trick, defraud, or mislead us and other users,especially in any attempt to learn sensitive account information such as userpasswords;

8.     make improper use of our support services orsubmit false reports of abuse or misconduct.

9.     engage in any automated use of the system, suchas using scripts to send comments or messages, or using any data mining,robots, or similar data gathering and extraction tools.

10.  interfere with, disrupt, or create an undueburden on the Site or the networks or services connected to the Site.

11.  attempt to impersonate another user or person oruse the username of another user.

12.  sell or otherwise transfer your profile.

13.  use any information obtained from the Site inorder to harass, abuse, or harm another person.

14.  use the Site as part of any effort to competewith us or otherwise use the Site and/or the Content for any revenue-generatingendeavor or commercial enterprise.

15.  decipher, decompile, disassemble, or reverseengineer any of the software comprising or in any way making up a part of theSite.

16.  attempt to bypass any measures of the Sitedesigned to prevent or restrict access to the Site, or any portion of the Site.

17.  harass, annoy, intimidate, or threaten any ofour employees or agents engaged in providing any portion of the Site to you.

18.  delete the copyright or other proprietary rightsnotice from any Content.

19.  copy or adapt the Site’s software, including butnot limited to Flash, PHP, HTML, JavaScript, or other code.

20.  upload or transmit (or attempt to upload or totransmit) viruses, Trojan horses, or other material, including excessive use ofcapital letters and spamming (continuous posting of repetitive text), that interfereswith any party’s uninterrupted use and enjoyment of the Site or modifies,impairs, disrupts, alters, or interferes with the use, features, functions,operation, or maintenance of the Site.

21.  upload or transmit (or attempt to upload or totransmit) any material that acts as a passive or active information collectionor transmission mechanism, including without limitation, clear graphicsinterchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similardevices (sometimes referred to as “spyware” or “passive collection mechanisms”or “pcms”).

22.  except as may be the result of standard searchengine or Internet browser usage, use, launch, develop, or distribute anyautomated system, including without limitation, any spider, robot, cheatutility, scraper, or offline reader that accesses the Site, or using orlaunching any unauthorized script or other software.

23.  disparage, tarnish, or otherwise harm, in ouropinion, us and/or the Site.

24.  use the Site in a manner inconsistent with anyapplicable laws or regulations.

USER GENERATEDCONTRIBUTIONS

The Site may invite you tochat, contribute to, or participate in blogs, message boards, online forums,and other functionality, and may provide you with the opportunity to create,submit, post, display, transmit, perform, publish, distribute, or broadcastcontent and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively,"Contributions").

Contributions may be viewableby other users of the Site and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential andnon-proprietary. When you create or make available any Contributions, youthereby represent and warrant that:

1.    the creation, distribution, transmission, publicdisplay, or performance, and the accessing, downloading, or copying of yourContributions do not and will not infringe the proprietary rights, includingbut not limited to the copyright, patent, trademark, trade secret, or moralrights of any third party.

2.    you are the creator and owner of or have thenecessary licenses, rights, consents, releases, and permissions to use and toauthorize us, the Site, and other users of the Site to use your Contributionsin any manner contemplated by the Site and these Terms of Use.

3.    you have the written consent, release, and/orpermission of each and every identifiable individual person in yourContributions to use the name or likeness of each and every such identifiableindividual person to enable inclusion and use of your Contributions in anymanner contemplated by the Site and these Terms of Use.

4.    your Contributions are not false, inaccurate, ormisleading.

5.    your Contributions are not unsolicited orunauthorized advertising, promotional materials, pyramid schemes, chainletters, spam, mass mailings, or other forms of solicitation.

6.    your Contributions are not obscene, lewd,lascivious, filthy, violent, harassing, libelous, slanderous, or otherwiseobjectionable (as determined by us).

7.    your Contributions do not ridicule, mock,disparage, intimidate, or abuse anyone.

8.    your Contributions do not advocate the violentoverthrow of any government or incite, encourage, or threaten physical harmagainst another.

9.    your Contributions do not violate any applicablelaw, regulation, or rule.

10. yourContributions do not violate the privacy or publicity rights of any thirdparty.

11. yourContributions do not contain any material that solicits personal informationfrom anyone under the age of 18 or exploits people under the age of 18 in asexual or violent manner.

12. yourContributions do not violate any federal or state law concerning childpornography, or otherwise intended to protect the health or well-being ofminors;

13. yourContributions do not include any offensive comments that are connected to race,national origin, gender, sexual preference, or physical handicap.

14. yourContributions do not otherwise violate, or link to material that violates, anyprovision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Site inviolation of the foregoing violates these Terms of Use and may result in, amongother things, termination or suspension of your rights to use the Site.

 CONTRIBUTION LICENSE

 y posting your Contributionsto any part of the Site [or making Contributions accessible to the Site bylinking your account from the Site to any of your social networking accounts],you automatically grant, and you represent and warrant that you have the rightto grant, to us an unrestricted, unlimited, irrevocable, perpetual,non-exclusive, transferable, royalty-free, fully-paid, worldwide right, andlicense to host, use, copy, reproduce, disclose, sell, resell, publish,broadcast, retitle, archive, store, cache, publicly perform, publicly display,reformat, translate, transmit, excerpt (in whole or in part), and distributesuch Contributions (including, without limitation, your image and voice) forany purpose, commercial, advertising, or otherwise, and to prepare derivativeworks of, or incorporate into other works, such Contributions, and grant and authorizesublicenses of the foregoing. The use and distribution may occur in any mediaformats and through any media channels.

This license will apply toany form, media, or technology now known or hereafter developed, and includesour use of your name, company name, and franchise name, as applicable, and anyof the trademarks, service marks, trade names, logos, and personal andcommercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.

We do not assert anyownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site.

You are solely responsiblefor your Contributions to the Site and you expressly agree to exonerate us fromany and all responsibility and to refrain from any legal action against usregarding your Contributions. 

We have the right, in oursole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in moreappropriate locations on the Site; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have noobligation to monitor your Contributions.

MOBILE APPLICATION LICENSE

Use Licens

If you access the Site via amobile application, then we grant you a revocable, non-exclusive,non-transferable, limited right to install and use the mobile application onwireless electronic devices owned or controlled by you, and to access and usethe mobile application on such devices strictly in accordance with the termsand conditions of this mobile application license contained in these Terms ofUse.

You shall not:

(1) decompile, reverseengineer, disassemble, attempt to derive the source code of, or decrypt theapplication;

(2) make any modification,adaptation, improvement, enhancement, translation, or derivative work from theapplication;

(3) violate any applicablelaws, rules, or regulations in connection with your access or use of theapplication;

(4) remove, alter, or obscureany proprietary notice (including any notice of copyright or trademark) postedby us or the licensors of the application;

(5) use the application forany revenue generating endeavor, commercial enterprise, or other purpose forwhich it is not designed or intended;

(6) make the application availableover a network or other environment permitting access or use by multipledevices or users at the same time;

(7) use the application forcreating a product, service, or software that is, directly or indirectly,competitive with or in any way a substitute for the application;

(8) use the application tosend automated queries to any website or to send any unsolicited commerciale-mail;

(9) use any proprietaryinformation or any of our interfaces or our other intellectual property in thedesign, development, manufacture, licensing, or distribution of anyapplications, accessories, or devices for use with the application.

SOCIAL MEDIA

 

As part of the functionalityof the Site, you may link your account with online accounts you have withthird-party service providers (each such account, a “Third-Party Account”) byeither: (1) providing your Third-Party Account login information through theSite; or (2) allowing us to access your Third-Party Account, as is permittedunder the applicable terms and conditions that govern your use of eachThird-Party Account.

 

You represent and warrantthat you are entitled to disclose your Third-Party Account login information tous and/or grant us access to your Third-Party Account, without breach by you ofany of the terms and conditions that govern your use of the applicableThird-Party Account, and without obligating us to pay any fees or making ussubject to any usage limitations imposed by the third-party service provider ofthe Third-Party Account.

 

By granting us access to anyThird-Party Accounts, you understand that (1) we may access, make available,and store (if applicable) any content that you have provided to and stored inyour Third-Party Account (the “Social Network Content”) so that it is availableon and through the Site via your account, including without limitation anyfriend lists and (2) we may submit to and receive from your Third-Party Accountadditional information to the extent you are notified when you link youraccount with the Third-Party Account.

 

Depending on the Third-PartyAccounts you choose and subject to the privacy settings that you have set insuch Third-Party Accounts, personally identifiable information that you post toyour Third-Party Accounts may be available on and through your account on theSite. Please note that if a Third-Party Account or associated service becomesunavailable or our access to such Third-Party Account is terminated by thethird-party service provider, then Social Network Content may no longer beavailable on and through the Site.

 

You will have the ability todisable the connection between your account on the Site and your Third-PartyAccounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTYSERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELYBY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

 

We make no effort to reviewany Social Network Content for any purpose, including but not limited to, foraccuracy, legality, or non-infringement, and we are not responsible for anySocial Network Content. You acknowledge and agree that we may access your emailaddress book associated with a Third-Party Account and your contacts liststored on your mobile device or tablet computer solely for purposes ofidentifying and informing you of those contacts who have also registered to usethe Site.

 

You can deactivate theconnection between the Site and your Third-Party Account by contacting us usingthe contact information below or through your account settings (if applicable).We will attempt to delete any information stored on our servers that wasobtained through such Third-Party Account, except the username and profile picturethat become associated with your account.

 

SUBMISSIONS

 

You acknowledge and agreethat any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site ("Submissions") provided by you to usare non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou.

You hereby waive all moralrights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in yourSubmissions.

 

THIRD-PARTY WEBSITES ANDCONTENT

 

The Site may contain (or youmay be sent via the Site) links to other websites ("Third-PartyWebsites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software, and othercontent or items belonging to or originating from third parties("Third-Party Content").

 

Such Third-Party Websites andThird-Party Content are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird Party Websites accessed through the Site or any Third-Party Contentposted on, available through, or installed from the Site, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-PartyContent.

 

Inclusion of, linking to, orpermitting the use or installation of any Third-Party Websites or anyThird-Party Content does not imply approval or endorsement thereof by us. Ifyou decide to leave the Site and access the Third-Party Websites or to use orinstall any Third-Party Content, you do so at your own risk, and you should beaware these Terms of Use no longer govern.

 

You should review theapplicable terms and policies, including privacy and data gathering practices,of any website to which you navigate from the Site or relating to any applicationsyou use or install from the Site. Any purchases you make through Third-PartyWebsites will be through other websites and from other companies, and we takeno responsibility whatsoever in relation to such purchases which areexclusively between you and the applicable third party.

 

You agree and acknowledgethat we do not endorse the products or services offered on Third-Party Websitesand you shall hold us harmless from any harm caused by your purchase of suchproducts or services. Additionally, you shall hold us harmless from any lossessustained by you or harm caused to you relating to or resulting in any way fromany Third-Party Content or any contact with Third-Party Websites.

 

ADVERTISERS

 

We allow advertisers todisplay their advertisements and other information in certain areas of theSite, such as sidebar advertisements or banner advertisements. If you are anadvertiser, you shall take full responsibility for any advertisements you placeon the Site and any services provided on the Site or products sold throughthose advertisements.

 

Further, as an advertiser,you warrant and represent that you possess all rights and authority to placeadvertisements on the Site, including, but not limited to, intellectualproperty rights, publicity rights, and contractual rights. 

 

[As an advertiser, you agreethat such advertisements are subject to our Digital Millennium Copyright Act(“DMCA”) Notice and Policy provisions as described below, and you understandand agree there will be no refund or other compensation for DMCAtakedown-related issues.] We simply provide the space to place suchadvertisements, and we have no other relationship with advertisers.  

 

SITE MANAGEMENT

 

We reserve the right, but notthe obligation, to: 

 

(1) monitor the Site forviolations of these Terms of Use;

 

(2) take appropriate legalaction against anyone who, in our sole discretion, violates the law or theseTerms of Use, including without limitation, reporting such user to lawenforcement authorities;

 

(3) in our sole discretionand without limitation, refuse, restrict access to, limit the availability of,or disable (to the extent technologically feasible) any of your Contributionsor any portion thereof;

 

(4) in our solediscretion and without limitation, notice, or liability, to remove from theSite or otherwise disable all files and content that are excessive in size orare in any way burdensome to our systems;

 

(5) otherwise manage the Sitein a manner designed to protect our rights and property and to facilitate theproper functioning of the Site.

 

PRIVACY POLICY

 

We care about data privacyand security. Please review our Privacy Policy [CLICK HERE]/posted on the Site.By using the Site, you agree to be bound by our Privacy Policy, which is incorporatedinto these Terms of Use. Please be advised the Site is hosted in the Taiwan.

 

If you access the Site fromthe European Union, Asia, or any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differfrom applicable laws in the Taiwan, then through your continued use of theSite, you are transferring your data to the Taiwan, and you expressly consentto have your data transferred to and processed in the Taiwan.

 

COPYRIGHTINFRINGEMENTS

 

We respect the intellectualproperty rights of others. If you believe that any material available on orthrough the Site infringes upon any copyright you own or control, pleaseimmediately notify us using the contact information provided below (a“Notification”). A copy of your Notification will be sent to the person whoposted or stored the material addressed in the Notification.

 

Please be advised thatpursuant to federal law you may be held liable for damages if you make materialmisrepresentations in a Notification. Thus, if you are not sure that materiallocated on or linked to by the Site infringes your copyright, you shouldconsider first contacting an attorney.]

 

TERM AND TERMINATION

 

These Terms of Use shallremain in full force and effect while you use the Site. WITHOUT LIMITING ANYOTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETIONAND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, ORCOVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE[YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspendyour account for any reason, you are prohibited from registering and creating anew account under your name, a fake or borrowed name, or the name of any thirdparty, even if you may be acting on behalf of the third party.

 

In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action,including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS ANDINTERRUPTIONS

 

We reserve the right tochange, modify, or remove the contents of the Site at any time or for anyreason at our sole discretion without notice. However, we have no obligation toupdate any information on our Site. We also reserve the right to modify ordiscontinue all or part of the Site without notice at any time.

 

We will not be liable to youor any third party for any modification, price change, suspension, ordiscontinuance of the Site.

 

We cannot guarantee the Sitewill be available at all times. We may experience hardware, software, or otherproblems or need to perform maintenance related to the Site, resulting ininterruptions, delays, or errors. We reserve the right to change, revise,update, suspend, discontinue, or otherwise modify the Site at any time or forany reason without notice to you.

 

You agree that we have noliability whatsoever for any loss, damage, or inconvenience caused by yourinability to access or use the Site during any downtime or discontinuance ofthe Site. Nothing in these Terms of Use will be construed to obligate us tomaintain and support the Site or to supply any corrections, updates, orreleases in connection therewith.

 

DISPUTE RESOLUTION

 

Option 1: Any legal action of whatever nature brought byeither you or us (collectively, the “Parties” and individually, a “Party”)shall be commenced or prosecuted in the state and federal courts located inTaipei City, Taiwan, and the Parties hereby consent to, and waive all defensesof lack of personal jurisdiction and forum non conveniens with respect to venueand jurisdiction in such state and federal courts.

 

Application of the UnitedNations Convention on Contracts for the International Sale of Goods and theUniform Computer Information Transaction Act (UCITA) are excluded from theseTerms of Use. In no event shall any claim, action, or proceeding brought byeither Party related in any way to the Site be commenced more than 3 monthsafter the cause of action arose.

 

Option 2: InformalNegotiations

To expedite resolution andcontrol the cost of any dispute, controversy, or claim related to these Termsof Use (each a "Dispute" and collectively, the “Disputes”) brought byeither you or us (individually, a “Party” and collectively, the “Parties”), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiationscommence upon written notice from one Party to the other Party.

 

CORRECTIONS

 

There may be information onthe Site that contains typographical errors, inaccuracies, or omissions,including descriptions, pricing, availability, and various other information.We reserve the right to correct any errors, inaccuracies, or omissions and tochange or update the information on the Site at any time, without prior notice.

 

DISCLAIMER

 

THE SITE IS PROVIDED ON ANAS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILLBE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANYHYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNEROR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OURDIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.  

INDEMNIFICATION

 

You agree to defend,indemnify, and hold us harmless, including our subsidiaries, affiliates, andall of our respective officers, agents, partners, and employees, from andagainst any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of:(1) [your Contributions]; (2) use of the Site; (3) breach of these Terms ofUse; (4) any breach of your representations and warranties set forth in theseTerms of Use; (5) your violation of the rights of a third party, including butnot limited to intellectual property rights; or (6) any overt harmful acttoward any other user of the Site with whom you connected via the Site.

 

Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnify us,and you agree to cooperate, at your expense, with our defense of such claims.We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware ofit. 

 

USER DATA

 

We will maintain certain datathat you transmit to the Site for the purpose of managing the performance ofthe Site, as well as data relating to your use of the Site. Although we performregular routine backups of data, you are solely responsible for all data thatyou transmit or that relates to any activity you have undertaken using theSite.

 

You agree that we shall haveno liability to you for any loss or corruption of any such data, and you herebywaive any right of action against us arising from any such loss or corruptionof such data.

 

ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending usemails, and completing online forms constitute electronic communications. Youconsent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Site, satisfy any legal requirement thatsuch communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US ORVIA THE SITE.

 

You hereby waive any rightsor requirements under any statutes, regulations, rules, ordinances, or otherlaws in any jurisdiction which require an original signature or delivery orretention of non-electronic records, or to payments or the granting of creditsby any means other than electronic means.

 

MISCELLANEOUS

 

These Terms of Use and anypolicies or operating rules posted by us on the Site or in respect to the Siteconstitute the entire agreement and understanding between you and us. Ourfailure to exercise or enforce any right or provision of these Terms of Use shallnot operate as a waiver of such right or provision.

 

These Terms of Use operate tothe fullest extent permissible by law. We may assign any or all of our rightsand obligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control.

 

If any provision or part of aprovision of these Terms of Use is determined to be unlawful, void, orunenforceable, that provision or part of the provision is deemed severable fromthese Terms of Use and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms ofUse or use of the Site.

 

You agree that these Terms ofUse will not be construed against us by virtue of having drafted them. Youhereby waive any and all defenses you may have based on the electronic form ofthese Terms of Use and the lack of signing by the parties hereto to executethese Terms of Use.

 

CONTACT US 

 

In order to resolve acomplaint regarding the Site or to receive further information regarding use ofthe Site, please contact us at:

[Corporate Phone Number] +886(2) 27010792

[Email Address] contact@yuchocolatier.com