1. Recognition and Acceptance of the Terms of Service
1.1 The services (“Services”) that Capire Custom Gloves (“Capire”) provides to you via the website http://www.capireglove.com are subject to the following Terms of Service (“Terms”). By completing registering a user account to access and use the Services, you have read, understood, and agreed to be bound by the Terms. You also accept all contents in the current Services as well as revised contents derived from the Terms. Capire reserves the right to change or modify portions of the Terms at any time without prior notice to you. Please check our website for the most current version of the Terms. Your continued use of the Services after the posting of any changes to the Terms means that you have read, understood, and accepted those changes. If you do not agree to all of the conditions contained in the Terms, you should stop using the Services immediately.
1.2 If you are under 18 years of age, please ask for a parent or guardian to assist you with the account registration, use, and continued use of the Services after the parent or guardian has read, understood, and agreed to all the contents and changes in the Terms. By using or continuing to use the Services, you have represented and warranted that you are under the supervision of a parent or guardian who has read, understood, and accepted to be bound by the Terms and any future changes to the Terms.
1.3 You and Capire both agree to express intents of using the Services in electronic documents.
2. Your Registration Obligations
In order to use the Services, you agree to the followings:
When required by the Services to create an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You must not register on behalf of a third-party. Each user is only allowed to create one account. Duplicate accounts are prohibited.
You are entirely responsible for maintaining and updating your personal information to ensure its accuracy in order to receive the best services.
If you provide false or inaccurate information, do not provide information according to the instructions, lack necessary information, or register more than one account, Capire retains the right to suspend or terminate your account without prior notice to you and to cease providing you with all or part of the Services.
4. Your Account, Password, and Security
4.1 After completing the registration process, you will receive a password and a user ID. It is your sole responsibility to maintain the confidentiality of your account information. Any login information that matches your user ID and password will be granted access whether such information is entered by you or anyone else. You are entirely responsible for any and all activities that occur under your account.
4.2 You agree to the followings:
You will notify Capire immediately of any unauthorized use of your account or any other breach of security.
You will log off your account every time after you finish connecting to our website.
Your user ID, password, and rights solely belong to you and must not be lent to, transferred to, or shared with anyone.
Capire will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge, any misuse, or situations in which Capire is unable to distinguish who the user is, unless Capire is proved to be held accountable for such loss.
If Capire confirms any unauthorized use to your account, we will terminate your account and all related transactions immediately.
5. Protection of Children and Teenagers
To safeguard the online privacy of children and teenagers, parents or guardians are obliged to supervise children under 12 years old to use the Services. Teenagers between 12 and 18 years old should be approved to use the Services at the discretion of their parents or guardians.
6. Your Legal Obligations
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You will abide by the laws of the Republic of China and any international cyberspace laws. If you are not a national of the Republic of China, you agree to comply with the laws of the country that you are a national of, or the laws of the district that you are located in. You agree and warrant not to use the Services to infringe the rights of others or engage in unlawful activities, including, but not limited to:
• Publish or distribute any defamatory, insulting, threatening, offensive, inappropriate, profane, obscene, indecent, untrue, or unlawful texts, graphics, or files in any format.
• Damage the reputation, violate the privacy, and infringe any copyright, trademark, patent, trade secret, or other proprietary right of Capire or any party.
• Breach obligations of confidentiality as set out in the law or agreement.
• Impersonate others to use the Services.
• Transmit or spread computer viruses.
• Conduct business transactions unauthorized by Capire.
• Publish, transmit, and send spams, chain letters, and illegal multi-level marketing messages and advertisements not authorized by Capire; or store any information that infringe the intellectual property rights of others or violate the laws.
• Cause distress or unpleasantness to other users of the Services or a third party.
• Engage in conduct that is not in compliance with the purpose of using the Services or conduct reasonably deemed inappropriate by Capire.
7. Change of Service Contents and Distribution of e-Newsletter and EDM
7.1 You agree that, within the scope of the Services, Capire can add, modify, or terminate certain contents in the Services if needed without any prior notice to you.
7.2 You agree that Capire can add, modify, or terminate certain activities if necessary and choose the most appropriate way it deems to inform you.
7.3 You agree to receive e-newsletters or EDMs sent by Capire on an irregular basis to the email address which you use to create your account. Once you express your refusal to receive marketing messages from us, Capire will stop sending them to you.
8. Termination and Suspension of Service
Capire maintains normal operation of the system and the Services using reasonable technologies and methods. In case of the following situations, Capire reserves the right to terminate or suspend the provision of the Services:
• When Capire’s electronic communication equipment undergoes maintenance or construction.
• When the electronic communication equipment of Capire’s website goes out of order.
• When the electronic communication service applied by Capire is terminated by the service provider and becomes unavailable.
• When natural disasters or other events which cannot be attributed to Capire occur and deny Capire’s website from providing services.
9.1 While using the Services, you must conduct transactions according to the confirmed purchase numbers and prices provided by Capire.
9.2 You agree that, while using the Services, after placing an order and before Capire confirms the transaction, Capire reserves the right to reject or cancel your order. After you inform Capire of your purchase, our system will automatically send a notice to you indicating the receipt of your order. However, such notice is not an order confirmation letter. Capire will confirm the acceptance of your order by sending you another notice. If the contents in your order, including, but not limited to specifications, content explanations, and pictures, are incorrect, Capire still can reject your order within two days after it is placed.
9.3 If, after making a purchase using the Services, your conduct is deemed inappropriate by Capire or causes distress or harm to Capire, we will cancel your transactions if necessary or permanently terminate your account.
9.4 You shall execute your rights according to the Consumer Protection Law while conducting transactions using the Services. Where the Terms are ambiguous, interpretations shall be made favorable to the consumers.
10. Limitations and Exclusions of Liability
10.1 The Services that Capire provides to you are on an "AS IS" and "AS AVAILABLE" basis. Capire makes no warranty and disclaims all responsibility and liability for the efficiency, speed, completeness, reliability, security, accuracy, availability, and timeliness of the Services.
10.2 Capire does not guarantee that emails and contents sent from the webpages, servers, and domains of the Services are free of viruses or other malicious software. We also cannot guarantee whether the operation of or access to our Services will be continuous or be available on an uninterrupted, secure, or error-free basis as they may be interfered with technical issues or numerous factors outside of our control. Capire will not be held responsible for any damages or losses resulting from any failures or errors in the transmission and storage of emails, files, or data.
11. Proprietary Rights
11.1 The content and compilation of content on Capire’s website, including, but not limited to texts, graphics, files, data, information, website framework, layout, and design, are exclusively owned by Capire and its licensors. Our intellectual property rights include but not limited to trademark, patent, copyright, trade secret, and proprietary technology. Such copyright protected content cannot be used, modified, reproduced, publicly broadcasted, adapted, distributed, published, reverse-engineered, decompiled, or disassembled. You must not redistribute the aforementioned software, program, or website content, according to the law, without obtaining prior consent from Capire and other licensors. It is your obligation to respect the intellectual property rights of others. In case of breach of such obligation, you will be held responsible for compensating the damage to Capire, including but not limited to litigation expenses and attorneys’ fees.
11.2 You agree to not infringe the intellectual property rights of others while using Capire’s services.
11.3 It is Capire’s right to suspend all or part of the Service or to terminate the account of any user who engages in intellectual property right infringement.
11.4 If you believe that your intellectual property right is infringed, please contact us via email to firstname.lastname@example.org with a description of the infringing activity, a statement by you proving that you are the legitimate owner of the copyrighted work claimed to have been infringed, and your contact information.
You agree that by uploading, transmitting, entering, and providing information to Capire’s website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to collect, process, store, transfer, and use such information for the provision of more information or services to users, statistical analyses, survey or research on online behaviors, or any other lawful purposes. If you are not authorized to license your right to use, modify, reproduce, publicly broadcast, adapt, distribute, publish, or publicly display the information to a third party, you must not upload, transmit, enter, or provide it to Capire. You also guarantee that the use, modification, reproduction, public broadcasting, adaptation, distribution, publication, public display, and sublicense of such information by Capire will not lead to infringement of the intellectual property right of a third party. If Capire incurs such infringement, you will be held responsible for compensating the damage to Capire, including but not limited to litigation expenses and attorneys’ fees.
13. Special License
Online transactions or activities, such as products or free gifts, in the Services may be delivered or returned to you via logistics companies. Therefore, you agree to authorize Capire to provide your personal information, such as name, address, and phone number, necessary for delivery purpose, to logistics companies and related businesses in order to complete the delivery or return of the product or free gifts in a transaction.
14. Rejection or Termination of User Account
Based on the consideration of transaction security, you agree that Capire reserves the right to terminate your account (either password or user ID) or your access to the Services, or remove and delete any of your user content in the Services at any time, for any reason, including, but not limited to extended periods of inactivity or breaches or violations of the Terms. In addition, by denying your access to all or part of the Services, you agree not to hold Capire responsible for you or any third party.
15. Controlling Law and Jurisdiction
The interpretation and application of the Terms and any disputes or controversies between Capire and you will be governed by the laws of the Republic of China. Both parties agree that the Taiwan Taipei District Court shall be the jurisdiction court of the first instance unless otherwise mandated by the law.