The websites, services, products, tools and functions of PiePie and/or any and all applications, including but not limited to mobile applications, related to PiePie (collectively “PiePie Services”) are owned or operated by Ｍachipopo, Inc. (“PiePie” or “we”).
PiePie Terms of Service (the “Terms”) regulate the legal relationship between the user of PiePie Services (“you” or “PiePie User”) and us regarding your use of PiePie Services. That is, you are deemed to agree to accept these Terms and to be subject to these Terms upon your registration of a PiePie account or use of PiePie Services. If you do not agree to accept these Terms, please do not register PiePie account or use PiePie Services.
These Terms are made and effective from January 1st, 2018 and are last revised on August 1st, 2018. Please be aware that PiePie reserves the right to amend these Terms at any time, and PiePie will notify you of such revision in accordance with Article 7 (Amendment) of these Terms.
Registration and Account Security
- You represent and warrant that you have reached the legally required age to use PiePie Services and agree to these Terms under the laws of your country or any other laws applicable to you. Such age may be at least 13 in certain jurisdictions.
- Without permission or proper authorization from the duly authorized person, you may not create any PiePie accounts for anyone other than yourself.
- You may not create any PiePie accounts by unauthorized means, including but not limited to, by using an automated device, harvesting bots, robots, spiders, scrapers or other means of a similar nature.
- Any and all information you provide to PiePie upon registration and/or at any other times shall be complete, true and accurate, and you agree to update such information as necessary to maintain its truth and accuracy in a timely manner as long as there’s any change of such information.
- Without PiePie’s permission, you shall not sell, lend, lease, transfer, license or assign your PiePie account, friends, followers, usernames, display names or any other account rights to others.
- You may not post, disclose or transfer private or confidential information via PiePie Services, 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.
- You may not share the password of your PiePie account, authorization to access to your PiePie account or other login credentials with others or do anything which might jeopardize the security of your PiePie account.
- You may not spy, collect or use other PiePie User’s login information or log in other PiePie User’s account or do anything which might jeopardize the security of other PiePie accounts.
Use of PiePie Services
- You may not post, distribute, transmit, broadcast, publicly display or by any other means to show private, privileged, proprietary, offensive, aggressive, threatening, violent, violence inciting, nude, discriminating, unlawful, hateful, harassing, obscene pornographic or sexually suggestive posts, stickers, data, texts, files, information, usernames, display names, images, graphics, pictures, icons, photos, profiles, voice, video, audio and video clips, sounds, musical works, works of authorship, links or any other contents via PiePie Services.
- You may not defame, insult, bully, abuse, extort, harass, threaten, or impersonate or intimidate PiePie, any other PiePie Users and/or third parties via PiePie Services.
- You may not use PiePie Services for any illegal, unauthorized or immoral purposes or activities. You shall act in compliance with these Terms and all applicable laws and regulations when using PiePie Services.
- You may not create, upload, disseminate or transmit any unauthorized commercial or harassing contents, advertisements, e-mails, comments, posts, stickers, pictures, invitations, shares, likes or any other ways of communication (e.g. spam) to any other PiePie Users. Without PiePie’s prior written permission, you may not put URL, QR code, address, phone number or any other means of internet or commercial links as your username, display name, avatar or bio.
- You may not transmit or implant any worm, virus, spyware, malware or other malicious code, or by any other means to interfere, disable, overburden, impair, change, alter or modify the proper working, function, security, privacy, entirety, page, allotment, display or appearance of PiePie Services. You may not use or refer to PiePie Services, in whole or in part, to create derivative works or crack or try to extract the source code of PiePie Services or other intellectual property rights. You may not by any means limit or try to limit any other PiePie Users to use PiePie Services or interfere or try to interfere with any other PiePie Users’ use experience.
- You may not assist, abet or encourage anyone to violate any provisions of these Terms and/or other terms/policies released by PiePie.
- We may, but are not obligated to, investigate and/or monitor your PiePie account, relevant activities and/or any content you have posted via PiePie Services (“Your Content”).
- You shall take the full responsibility for Your Content, the interaction with other PiePie Users and other conduct done by using PiePie Services, whether online or offline. You agree that PiePie shall not be liable for any behavior of any PiePie Users or third parties. As deemed appropriate, we may, but are not obligated to, participate in the dispute resolution procedure between you and other PiePie Users.
- You agree to bear and pay all data charges incurred by your use of PiePie Services.
- Without our prior written consent, we prohibit any PiePie Users or third parties from, by means of automated method or any other ways, collecting, accessing, copying, acquiring, or copying by cache any contents and information of PiePie Services, including but not limited to other PiePie Users’ profiles, data and photos.
- We may, but are not obligated to, provide you with certain rewards (e.g. Mithril) based on your use of PiePie Services. The contents, amounts, granting criteria and conditions of rewards shall be determined by the quality, time, content and method of your use of PiePie Services, interaction with other PiePie Users and other factors which we consider appropriate. We reserve the right to stop granting rewards or change the calculating and granting criteria, methods and conditions at any time.
- If we decide to provide you with certain rewards for your use of PiePie Services, the contents, amounts and conditions of such rewards shall be subject to the final statement and the contents, amounts and conditions that we inform you. You agree not to file any complaint in connection with such matter against PiePie.
- PiePie Services may from time to time be interfered or interrupted due to our scheduled or temporary maintenance or update, emergency repair, communication and/or equipment failure or any other reasons. Under such circumstance, we shall not be responsible for the interference, intervention, suspension, failure, out-of-use, stop or change of any PiePie Services, the change or loss of Your Content or damages of any other
Rights and License Grant
- You agree to grant PiePie a non-exclusive, fully paid, royalty-free, transferable, sub-licensable, perpetual, non-revocable, worldwide license to use, disseminate, transfer, trust, modify, execute, replicate, edit, publicly perform, publicly display, translate or by any other ways to utilize Your Content, including but not limited to images, graphics, pictures, icons, stickers, photos, videos, clips, text, sounds, musical works, works of authorization, creation or any other contents, and to create derivative works based on Your Content.
- You agree to grant PiePie the right to duplicate, edit and utilize your usernames, display names, avatars, Your Content, interaction with other PiePie Users and other conducts carried out through PiePie Services, including but not limited to displaying them on other PiePie Users’ pages or on other PiePie Services.
- You represent and warrant that: (a) you own Your Content or otherwise are properly authorized and have the right to grant the rights and licenses set forth in these Terms (including the rights to sub-license); (b) post and use of Your Content on or via PiePie Service does not infringe any third party’s rights, including but not limited to privacy rights, portrait rights, copyrights, trademarks and/or other intellectual property rights; and that (c) you will pay for all royalties and fees incurred by Your Content (including PiePie’s authorized use under these Terms).
- We reserve the right to remove, delete, cancel, edit, change, amend, suspend and/or block your PiePie account, username, display name, avatar, bio and/or Your Content, in whole or in part, for any reason (including Your Content is in violation of any provision of these Terms), with or without a prior notice to you. Therefore, you agree that you will not rely on PiePie Services for the purposes of the backup or storage of Your Content. We strongly suggest your own backup of Your Content if necessary.
- When you delete Your Content or deactivate your PiePie account, you understand that such removed content may still be stored in the data processing center for a reasonable period of time. Furthermore, if you have made public or by other means shared the removed content with others, and people whom you share such content with do not delete it, such content may continue to appear. If you intend to close your PiePie account, please contact us: email@example.com
- Some of PiePie Services may be supported by advertising revenue and may display advertisements and promotions. You agree that we may place such advertising and promotions within PiePie Services or in conjunction with Your Content, which may result in edit, changes and/or amendments of Your Content. You also agree that we are not obligated to notify you of such edit, changes and/or amendments made to Your Content, or any changes made to the manner, mode and extent of such advertising and promotions.
- You acknowledge and agree that we may not always identify paid services, sponsored contents, or commercial communications used in or in conjunction with PiePie Services.
- PiePie Services contain contents, data or programs owned or licensed by PiePie (collectively “PiePie Contents”). We own and retain all rights to PiePie Contents, 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 rights granted to PiePie under applicable laws and regulations. You may not remove, alter or conceal any copyright, trademark, service mark, patent, patent application or other proprietary rights notices or announcements incorporated into or accompanying PiePie Contents. Also, without PiePie’s permission, you may not reproduce, modify, edit, adapt, prepare derivative works based on PiePie Contents, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit or use PiePie Contents.
- We own the name, website, account, logo, trade name, work of authorization, creation, trademark, representation and goodwill of PiePie. Therefore, without PiePie’s prior written permission, you may not establish, copy, imitate, amend, use or utilize, in whole or in part, the name, website, account, logo, trade name, work of authorization, creation, trademark and representation of PiePie. You may not change, alter, edit, adapt, amend or maliciously link to PiePie Services to falsely imply that any service, mobile application or website not owned or operated by PiePie is related to PiePie.
There may be hyperlinks or supplements to websites, applications, services, products or features owned or operated by third parties within PiePie Services. Features of PiePie Services may also permit interactions between PiePie Services and third-party services, including but not limited to that third-party services may be linked to PiePie Services or your profile, information and/or Your Content in PiePie Services may be linked to or transferred to third-party services; likewise, PiePie Services may be linked to third-party services or capture, process or transfer your profile, information and/or Your Content in third-party services to PiePie Services. These third-party services may interact with or be linked to your profile or Your Content in PiePie Services or collect and/or capture information, including but not limited to profile and personal information, from your profile or Your Content in PiePie Services. The interaction with third parties through PiePie Services shall merely be the relationship between you and such third-party service. You understand that these third-party services are out of the scope of PiePie Services and PiePie does not control, maintain or endorse such third-party services, any of their contents and/or their interactions with you. Therefore, you expressly agree that PiePie is in no way responsible or liable for any third-party services. You may, after assessing the risks on your own, choose to use such third party services.
Warranties and Disclaimer
- WE ARE PROVIDING PiePie SERVICES ON AN “AS IS” BASIS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PiePie SERVICES WILL ALWAYS BE SAFE, SMOOTH, ACCESSIBLE, RELIABLE OR ERROR-FREE AND WE DO NOT GUARANTEE THAT PiePie SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
- PiePie MAKES NO WARRANTY AND APPROVAL OF THE ACTION, CONTENT, INFORMATION OR DATA OF THIRD PARTIES AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE (WHETHER MATERIAL, DERIVATIVE, PUNITIVE OR OTHER KINDS), IMPAIRMENT, CLAIM, LIABILITY OR REQUEST OF ANY KIND OR NATURE INCURRED FROM SUCH THIRD-PARTY ACTION, CONTENT, INFORMATION OR DATA.
- YOU AGREE TO RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLETIVELY THE “PiePie PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST OTHER PiePie USER OR THIRD PARTY.
- YOU AGREE THAT PiePie PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OR DAMAGES OF INFORMATION OR DATA, INTERRUPTION, INCONVENIENCE, OTHER DAMAGES OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF PiePie SERVICES, EVEN IF WE HAVE BEEN ADVISED OF OR ARE LIKELY TO KNOW THE POSSIBILITY OF SUCH DAMAGES. IF PiePie PARTIES SHALL BE LIABLE TO YOU UNDER APPLICABLE LAWS, YOU AGREE THAT THE AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF USD100 OR THE FEE YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
- You, along with any third party for whom you operate an account or activity on PiePie Services, agree to indemnify and hold PiePie 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 PiePie Services or those conducted on your behalf): (a) Your Content, your interaction with any other PiePie Users and other activities conducted via PiePie Services; (b) your breach or alleged breach of these Terms; (c) your infringement 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 or misconduct made by you. You agree to cooperate as reasonably required by us in the defense and answer of any claim. We reserve the right to assume the exclusive defense, answer and control of any matter subject to indemnification by you, and you agree not to settle any claims with any third parties without PiePie’s prior written permission.
- Our failure to enforce strict performance of any provision of these Terms or any part of them shall 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 continuous waiver of such term or condition or any other terms or conditions.
Amendments and Modification
- We retain the right to amend these Terms (the “Amended Terms”) from time to time. Unless such amendment is required by laws or under emergency, we will provide you with a prior notice before such Amended Terms become effective in a reasonable period of time. You agree that we may notify you of the Amended Terms by posting them on PiePie Services, including but not limited to PiePie website or mobile application, and you are obligated to check and review the Amended Terms periodically in a timely manner. Your continued access, link or use of PiePie Services, following our notice of changes and/or amendments to these Terms, shall constitute your acceptance of the Amended Terms. If you do not agree to the Amended Terms, you shall immediately cease all your access, connection or use of PiePie Services and deactivate your account.
Termination and Effect of Termination
- We may deactivate your PiePie account if you violate any of these Terms.
- We reserve the right to terminate PiePie Services, deactivate your PiePie account, change your username, display name or prohibit you from accessing, connecting or using PiePie Services for any or no reason, with or without a prior notice, at any time, and without any liability to you. If we prohibit you from your access to, connection to or use of PiePie Services, you fully understand and agree that all your data, including but not limited to Your Content, your profile, followers, PiePie points, cryptographic tokens (i.e. Mithril) and any other rights will no longer be accessible, used and/or entitled by/to you through your PiePie account.
- If we deactivate your PiePie account, you may not create another account without PiePie’s prior written permission.
- All permission and other rights granted to you under these Terms shall immediately cease to be valid and/or be revoked upon the termination of your PiePie account.
Governing Law, Jurisdiction and Disputes Resolution
- Any claim, allegation, request and/or dispute that might arise or occur between you and PiePie regarding PiePie Services or these Terms shall be governed by and construed in accordance with the laws of Taiwan, without giving effect to any principles of conflict of laws of Taiwan.
- You agree to resolve any claim, allegation, request or dispute you have with us arising out of or relating to these Terms exclusively in Taiwan Taipei District Court, and you agree not to assert any defense or claim based on improper venue or inconvenient forum.
Assignment and Delegation
Without PiePie’s prior written permission, you may not assign, pledge, entrust or dispose any rights or obligations arising out of or related to PiePie Services or these Terms, in whole or in part, to any third party. Any assignment, pledge, entrustment or disposition by you without PiePie’s prior written permission shall be null and void. We may assign, pledge, entrust or dispose any right or obligation arising out of or related to PiePie Services or these Terms, in whole or in part, to any third party without your consent.
To the extent that any provision of these Terms is inconsistent with or in violation of applicable laws or is otherwise unenforceable, such inconsistency, violation or unenforceability shall not affect the validity of any other provision of these Terms.
Products, services, information or contents provided within PiePie Services are 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 PiePie to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of PiePie Services, in whole or in part, to any person, geographic area or jurisdiction at any time, and to limit any content, program, product, service or other feature that we otherwise provide. You are obligated to deactivate your account and cease using PiePie Services immediately if such use is not permitted under applicable laws and/or such use will obligate PiePie to any registration.