These Terms of Use (hereinafter referred to as the “Terms”) cover all products and services (hereinafter referred to as the “Services”) provided by Hawk Gauge Co., Ltd. (hereinafter referred to as the “Company”) The conditions of use are the terms stipulated between the users who use this service (hereinafter referred to as “users”) and the company.

1. Definition

These Terms use the following phraseology:

1.1. “Content” refers to text, voice, music, pictures, videos, software, programs, codes and other information.
1.2. “Content” refers to the content that can be linked through the Service.
1.3. “Contribution content” refers to the content submitted, transmitted, and uploaded to the Service by users.
1.4. “Tokens” refer to electronic virtual currency that can be exchanged for services or content provided for a fee in this service.
1.5. “Individual Terms of Use” refers to writings related to this service that are different from these Terms and distributed or published by the Company under names such as “Terms”, “Guidelines”, “Policies”, etc.

2. Expression of agreement to the terms

2.1. Users should use this service in compliance with the provisions of these Terms. The Service cannot be used unless the User effectively and irrevocably agrees to these Terms.
2.2. If the user is a minor, he or she must obtain the consent of a legal representative such as a parent before using this service. In addition, if the user is using the service for an operator, the user must agree to these terms before using the service.
2.3. Once the user actually uses this service, it will be deemed that the user has effectively and irrevocably agreed to these terms.
2.4. When there are individual terms of use for this service, in addition to these terms, users should also comply with the provisions of the individual terms of use when using this service.

3. Changes of Terms

When the Company determines that it is necessary, it may change these terms and individual terms of use at any time without notifying users in advance. The changed terms and individual terms of use will take effect when they are posted at the appropriate place on the website operated by the Company. If the user continues to use the Service after the changes to these Terms and Individual Terms of Use, the user will be deemed to have effectively and irrevocably agreed to the changed Terms of Use and the applicable Individual Terms of Use. Since the Company will not notify users of relevant changes individually, users are requested to refer to the latest version of these Terms and the applicable individual terms of use at any time when using this service.

4. User

4.1. When using this service, if there is any relevant information about the registered user, the user should provide true, correct and complete information, and make frequent modifications to update the information.
4.2. When users use this service, if having a registered password, users are responsible for keeping it tightly to avoid improper use. All actions performed using this password are deemed to be the actions of the user.
4.3. Users registered with this service may delete their accounts and terminate this service at any time.
4.4. If the Company believes that a user has violated these terms or is at risk of violation, the company may suspend or delete the account without notifying the user in advance.
4.5. The Company may delete accounts that have passed more than one year since the last connection without notifying the user in advance.
4.6. From the time the account is deleted, all the user’s rights to use the service will be terminated regardless of any reason. Even if the user accidentally deletes the account, the original account cannot be restored, so please note.
4.7. The account of this service is exclusive to the user. All users’ rights to use this service may not be transferred, loaned to a third party or inherited by a third party.

5. Privacy

5.1. The company respects the privacy rights of users.
5.2. The company properly handles users’ privacy information and personal information in accordance with the privacy policy of Hawk Gauge Co., Ltd.
5.3. The Company will manage the information collected from users in a safe manner and take strict measures for security management.

6. Provision of services

6.1. Users shall be responsible for preparing necessary personal computers, mobile phones, communication equipment, operating systems, communication methods and electricity at their own expense for the use of this service.
6.2. The Company may provide all or part of this service to users who meet the uploading conditions based on the user’s age, whether the user has completed identity verification, whether the user has registration information, and other conditions that the Company determines are necessary.
6.3. When the Company determines that it is necessary, it may change all or part of the content of the Service at any time without notifying the user in advance, and suspend the provision of the Service.

7. No emergency notification function

This service is not equipped with a function that can send emergency notifications to police agencies, coast guard agencies, fire agencies, or other agencies.

8. Advertising

The Company may publish advertisements of the Company or third parties on the Service.

9. Business Partner Services

The Service may include services or content provided by other operators that have business cooperation with the Company. The responsibility for such services or content rests solely with the provider of the service or content. In addition, the terms of use and other conditions stipulated by the provider of the service or content may apply to such services or content.

10. Content

10.1. The Company grants users the right to use the content provided by the Company. This right of use is not transferable or sublicensable, is non-exclusive, and is for the sole purpose of using this service.
10.2. If the content used by the user otherwise stipulates usage fees, usage period and other usage conditions, such usage conditions shall be followed. Even if words such as “buy” and “sell” are displayed on this service interface, the company does not transfer the intellectual property rights and other rights related to the content provided by the customer to the user, and only grants the user the above-mentioned use rights.
10.3. Users shall not use (including reproducing, transmitting, reprinting, modifying, etc.) this content beyond the usage specified in this service.
10.4. Users are requested to save their own backup of the submitted content. The Company has no obligation to store backup copies of submitted content.
10.5. This service may have editing functions that allow most users to submit, modify, delete, etc. In this case, the user agrees that other users can edit the content submitted by the user.
10.6. Users’ rights to the content they submit remain unchanged, and the Company has not acquired any relevant rights. However, the content submitted is content that will also be made public to other users who are not in the friend list. The user authorizes the company to use the content submitted for services or promotional activities free of charge, for an unlimited period of time, and without restrictions on location (including the right to use the content for services or promotional activities). The Company has the right to make omissions and other changes to the extent necessary and appropriate. This also includes the Company’s right to sub-license the relevant use rights to third parties with whom the Company has business cooperation).
10.7. When the Company needs to confirm whether there is any violation of laws or the provisions of these Terms, it may confirm the content of the submission. However, this does not mean that the company is obliged to make such confirmation.
10.8. When the Company believes that the content submitted by a user violates or is likely to violate relevant laws or the provisions of these Terms, or when there are other business needs, the Company may, without prior notification to the user, restrict the use of the Service by deleting the submitted content, etc. Use of Contribution Content.

11. Tokens

11.1. Tokens are provided to users through purchases in this service, related activities and other methods designated by the company. The purchase unit of tokens, payment method, other token provision conditions, etc. are determined by the company and displayed in this service.
11.2. Except for the services or content specified by the company, tokens cannot be exchanged for cash, property or other economic benefits. The amount of tokens required to redeem services or content and other token usage conditions are determined by the company and marked on the service.
11.3. Tokens can only be used within the account from which the tokens were obtained. In addition, tokens provided by terminal devices with different operating systems have different types even if they have the same name, so they cannot be transferred or aggregated.
11.4. Tokens are not refundable for any reason. However, this does not apply if it is necessary according to the law. In this case, the token return method will be determined by the company in accordance with legal provisions and will be displayed on the company’s website, etc.

12. Prohibition

Users are not allowed to engage in the following behaviors when using this service:

12.1. Behavior that violates laws, court judgments, rulings or orders, or administrative measures with legal binding force.
12.2. Fear of behavior that endangers public order or good morals.
12.3. Acts that infringe the intellectual property rights, reputation rights, privacy rights, copyrights, trademark rights, patent rights, etc. of the Company or a third party, or other rights stipulated in laws or contracts.
12.4. Submit or transmit content that displays excessive violence, excessively explicit sexual innuendos, displays of discrimination involving race, nationality, belief, gender, social status, family background, etc., induces or encourages suicide, self-injury, or drug abuse , or other unpleasant behaviors including anti-social behavior.
12.5. Disguise the behavior of our company or a third party or intentionally spread false information.
12.6. The behavior of sending the same or similar messages to an unspecified number of users (except with the consent of the Company), the behavior of randomly adding other users as friends or group message boards, and other behaviors that the Company determines to be spam messages.
12.7. The act of exchanging the right to use this content for cash, property or other economic benefits through methods other than those specified by the Company.
12.8. Behavior for the purpose of marketing, publicity, advertising, solicitation or other profit-making (except with the consent of the Company), behavior for the purpose of sexual or obscene behavior, behavior for the purpose of getting to know or interact with people of the opposite sex whom you have never met. , behavior with the purpose of harassing or defaming other users, or other behavior that uses this service for purposes different from the purposes specified for this service.
12.9. Acts of providing benefits or other assistance to anti-social forces.
12.10. Acts of soliciting participation in religious activities or religious groups.
12.11. Improper collection, disclosure or provision of other people’s personal information, registration information, usage record information, etc.
12.12. Acts that interfere with the server or network system of this service, use BOT, cheating tools, or other technical means to improperly operate the service, intentionally exploit vulnerabilities in this service, repeat the same problem beyond the necessary limit, etc. Make inappropriate contact with the company Inquiries or requests, other behaviors that hinder the Company’s operation of this service or other users’ use of this service, and create interference.
12.13. Support or encourage behaviors that comply with any of the above-mentioned items 12.1. to 12.12.
12.14. Other behaviors deemed inappropriate by the Company.

13. User Responsibilities

13.1. Users are solely responsible for using this service and are solely responsible for all actions and results they engage in in this service.
13.2. When the Company believes that a user is using the Service in violation of these Terms, it will take necessary and appropriate measures as determined by the Company. However, this does not mean that the Company is obliged to prevent or correct such violations.
13.3. If the Company suffers any damage (including the burden of attorneys’ fees) directly or indirectly due to the user’s use of this service (including complaints received by the Company from a third party due to such use), the user shall comply with the provisions of this Agreement. The company demands immediate compensation.

14. The Company’s Disclaimer

14.1. Whether expressly or implicitly, the Company does not guarantee that the service (including the content) is free from factual or legal defects (including security, reliability, correctness, completeness, validity, suitability for a particular purpose, Security and other related defects, errors or program errors, rights infringement, etc.). The Company has no obligation to users to eliminate such defects before providing this service.
14.2. The company will not be responsible for any damage caused to users due to this service. However, if the service-related contract between the Company and the user (including these Terms) is a consumer contract stipulated in the Consumer Contract Act, this exemption does not apply.
14.3. Even under the circumstances stipulated in the proviso of Item 14.2. above, in the damage caused to the user by non-performance of debts or tortious behavior due to the Company’s fault (except for gross negligence), the Company shall not be responsible for the damage caused by special reasons. We are not responsible for any damage (including damage that the company or the user has foreseen or is likely to foresee). In addition, for damages caused to users by non-performance of debts or infringement due to the Company’s fault (except for gross negligence), the compensation shall be capped at the usage amount collected from the users in the month when such damages occurred.

15. Contact information

15.1. The Company will contact users about matters related to this service by publishing them in appropriate places on the website operated by the Company or by other means deemed appropriate by the Company.
15.2. When users contact the Company about matters related to this service, please send it through the problem response form set up in the appropriate place on the website operated by the Company or by the method specified by the Company.

16. Governing law and competent court

These Terms shall prevail in Chinese, and the applicable law shall be the laws of Taiwan. For disputes between users and the Company arising out of or related to this service, the Taoyuan District Court of Taiwan shall be the exclusive court of first instance with unanimous jurisdiction.

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Last updated: April 1, 2013

Special Terms of Chat Service of Hawk Gauge Co., Ltd. (only applicable to Taiwanese users)

In addition to the foregoing terms, the following special terms (hereinafter referred to as the “Special Terms”) are exclusively applicable to specific Hawk Gauge Factory Co., Ltd. (hereinafter referred to as the “Company”) provided to Taiwan users for non-commercial purposes. Hawk Gauge Co., Ltd. chat service (hereinafter referred to as “this chat service”) for one-on-one instant messaging between friends of the company or chat within the Hawk Gauge Co., Ltd.

These Special Terms shall be regarded as part of the Terms of Service of  Hawk Gauge Co., Ltd. (hereinafter referred to as the “Terms of Service”). If there is any conflict between the provisions of these Terms of Service and the provisions of these Special Terms, these Special Terms shall prevail.  All relevant definitions in these Special Terms shall be consistent with the definitions in these Terms of Service. Matters not specified in these Special Terms shall be subject to the provisions of these Terms of Service.

1. Definition

“Electronic virtual currency”: refers to Hawk Gauge Co., Ltd. tokens (i.e. Hawk gauge Co., Ltd. Coins).

“Notice”: refers to notices, announcements or any communication to users in a manner that the Company deems appropriate, including but not limited to in-app notifications, emails, website announcements and text messages.

“Serious abuse”: refers to (i) inappropriate attacks on this chat service, (ii) automatic posting of spam or harassment messages through programs or systems, (iii) creation of spam accounts or commercial Hawk Gauge Co., Ltd. accounts , (iv) harassment reported by multiple people, (v) using this chat service in any abnormal or unauthorized manner, (vi) using official software not provided by the company to access this chat service, (vii) a large number of Access the application programming interface (API) related to this chat service to affect the normal operation of this chat service, and (viii) steal other people’s Hawk Gauge Co., Ltd. account or create a fake account to impersonate another person’s existing Hawk Gauge Co., Ltd account.

2. Provider of this chat service

Company name: Hawk Gauge Co., Ltd.

※Notes on filling in the problem response form:

In order to provide you with fast and reliable service, please confirm that the information you entered in the problem response form is correct and provide a screenshot that can confirm the content of the problem. In addition, after submitting the consultation content, you will receive a confirmation email automatically sent by the system. We will reply to you within 1 to 2 working days after receiving your letter. Thank you for your patience.

The information about the consumer dispute handling window of this chat service is the same as above.

3.Chat service login

Users can use the following link to confirm information related to the security of the use of this chat service, such as account registration, password settings, registration information confirmation methods, etc.

4.

The account of Hawk Gauge Co., Ltd. is deleted due to the user’s responsibility.

When the company deletes the user’s Hawk Gauge Co., Ltd. account because the user violates the terms of service, the company shall notify the user to make improvements. If the user ignores the notice and fails to improve or continues to violate the terms of service In any case, the company may not notify the user to immediately delete his or her Hawk Gauge Co., Ltd. account. However, if the following circumstances occur, the company may delete the user’s Hawk Gauge Co., Ltd. account without notifying the user: (i) The company has sufficient facts to believe that the user is involved in criminal acts or illegal use such as fraud or money laundering, or (ii) When the user commits serious abuse as defined in Article 1 of these Special Terms.

5. Deletion of Hawk Gauge Co., Ltd. account that has not been used for a long time

For Hawk Gauge Co., Ltd. accounts that have not been used for more than one year since the last connection, the company reserves the right to delete the account in accordance with these Terms of Service, but the company should notify the account fifteen days before deletion. The user of the account shall not be deleted if the user has used the account during this period.

6. Account hacked and terminal device changed

(1) When a user notifies the company that his Hawk Gauge Co., Ltd. account has been invaded by a third party (such as the account being stolen by others), the company shall suspend or delete the account after confirming the intrusion. Protect the compromised Hawk Gauge Co., Ltd. account. For users whose Hawk Gauge Co., Ltd. account has been stolen, the company should provide the user with instructions on how to create a new Hawk Gauge Co., Ltd. account or restore a Hawk Gauge Co., Ltd. account (limited to the scope of technical feasibility) ) information, and assist them in restoring paid products and unused electronic virtual currency in stolen accounts.

(2) If the user changes the terminal device on which the Hawk Gauge Co., Ltd. account is installed, the paid products or unused electronic virtual currency in the Hawk GaugeCo., Ltd. account cannot be transferred to the new one. When using the terminal device, unless the aforementioned transfer of the Hawk GaugeCo., Ltd. account is due to the user’s inappropriate operation of the social communication account linked to the Hawk Gauge Co., Ltd. account (such as other than the Hawk Gauge Co., Ltd. account) Except for the account of other software or services), the company shall transfer the paid goods and unused electronic virtual currency to the user’s new terminal device Hawk Gauge Co., Ltd. according to the user’s request. in the account.

7. Hawk Gauge Co., Ltd. Refund when the account is deleted

If the user’s Hawk Gauge Co., Ltd. account is deleted, the company shall choose to pay by remittance, credit card, money order or other methods within thirty days after receiving the user’s request for refund and completing the personal information verification process required by the company. The remaining unused electronic virtual currency in the Hawk Gauge Co., Ltd. account will be refunded to the user by registered check. However, if the user fails to submit the appropriate identity verification documents specified by the company, the user’s refund request will be invalid. In addition, when the company deletes the user’s Hawk Gauge Co., Ltd. account, the company may deduct 30% of the total unused electronic virtual currency in the account as necessary costs before refunding the user. For the avoidance of doubt, regardless of the reason for deleting the Hawk Gauge Co., Ltd. account, once any Hawk Gauge Co., Ltd. account is deleted, the user has no right to continue to use the service after deletion.

8. Protection and Preservation Measures for Electronic Virtual Currency

The Company shall make reasonable efforts to prepare and provide necessary measures in accordance with the Japanese Payment Service Act to protect and preserve users’ unused electronic virtual currency. In order to comply with the Japanese Payment Services Law, the company has signed a guarantee contract with Sumitomo Mitsui Banking Corporation and Mizuho Bank (but the company can notify the change of partner banks) to protect and preserve the unused virtual currencies of users during the use of this chat service. rights and interests.

9.Chat service temporarily suspended due to maintenance

If the company plans to suspend all or part of the chat service due to technical maintenance (except for force majeure events and other emergencies), the company should notify users seven days before suspending the service.

10. Changes to these special terms or important service content

When the Company changes these special terms or changes the content of this chat service that will affect the rights and interests of users, it shall notify users in advance before the change. If no notification is given, the change will be invalid. In addition, if the user does not express his/her intention to object in writing within fifteen days after the company’s previous notice, it will be deemed to have accepted the relevant changes. If the user expresses in writing that he does not agree to the change within fifteen days after the company’s previous notice, the contractual relationship between the company and the user regarding this chat service will be terminated when the company accepts the user’s written expression of disagreement with the change. The company may delete the user’s Hawk Gauge Co., Ltd. account, and the user shall immediately stop using his or her account.

11. Confirmation of the user deleting the account of Hawk Gauge Co., Ltd.

When a user deletes his Hawk Gauge Co., Ltd. account, the company will display necessary notifications and provide confirmation information to the user during the process of deleting his Hawk Gauge Co., Ltd. account to confirm the user’s deletion action and remind him The consequences of deleting an account.

12. Responsibility

(1) The company will be committed to maintaining the security of the company’s system in line with the reasonable expectations of the current technological level to prevent illegal intrusion, acquisition, tampering, and damage to users’ records or personal data related to the use of this chat service, and in the event that the system is damaged. In the event of illegal intrusion or destruction, reasonable measures will be taken to respond as quickly as possible.

(2) When the proviso in Article 14.2 of these Terms of Service applies to this chat service, it shall be adjusted as follows: “However, the relevant contracts between the Company and the users regarding this chat service (including but not limited to these Terms of Service), due to the This exemption does not apply if it is deemed invalid by the Consumer Contract Act or Taiwan Consumer Protection Act. In addition, the Company shall be liable for damages in accordance with Taiwan’s Consumer Protection Act for damages suffered by users. “For the avoidance of doubt, Article 14.2 of these Terms of Service does not need to be adjusted and shall apply when it applies to services other than this chat service.

13. Jurisdiction

(1) When applicable to this chat service, the word “exclusive” in the last line of Article 16 of these Terms of Service should be deleted. In addition, this special clause does not exclude the jurisdiction of Taiwan’s Consumer Protection Law and Civil Procedure Law. Regulation.

(2) Regarding these special terms, except for situations where Taiwanese laws and regulations prohibit the Company from complying with the provisions of Taiwanese laws and regulations, Taiwanese law shall be the applicable law. For the avoidance of doubt, Taiwanese law shall still govern the terms of service other than these Special Terms.