Terms of Use

Last updated: April 01, 2019

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Spice mobile application (“Application”) and the service provided thereon and related thereto, including but not limited to the Spice website (http://spiceup.io; the “Website”), (collectively, the "Service") operated by Tijk Pte. Ltd. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and any persons who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, please do not use or cease use of the Service.

Our Service is not available for individuals under twelve (12) years of age. If you are twelve (12) years old or older but under the age of twenty (20), you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with them.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, adapt, publicly perform, publicly display, publicly broadcast, publicly present, publicly transmit, reproduce, and distribute such Content on and through the Service. You agree not to claim your right of publicity for our use of your image, likeness, or appearance in the Content. You retain any and all of your rights to any Content you submit, post, or display on or through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use or share your Content subject to these Terms. You understand and agree that once you choose to make your account public, the Content you post will be available not only to all users of the Service, but also all Internet visitors or users who may access and use the Website. Notwithstanding the foregoing, you are solely responsible for taking any measures to protect and enforce your rights against any party which may infringe on your intellectual property rights or any other rights to your Content.

You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us and other users of the Service the rights and licenses as provided in these Terms;
(ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person;
(iii) You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; and
(iv) You will not use, display, transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content or information.
If you breach any of the aforementioned representations and warranties, we are entitled to remove the Content you have posted, cease providing you with any and all of our Service functions, and/or disable your access to and use of the Service, at our own discretion. You shall not make any claim against us for compensation of loss or damage resulting therefrom, including without limitation the loss related to the Content you have posted and the followers, points, and badges you have obtained.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times, and update such information when necessary. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the account ID and password that you use to access the Service and for any activities or actions under your password, regardless of whether you access our Service by registering a new account with us, or by using an existing account of a third-party service.

You agree not to disclose your account ID and password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, obscene, or inappropriate.

Intellectual Property

The Service (including but not limited to the Application and the Website) and its original content (excluding Content provided by users), design, features, and functionality contained therein are and will remain the exclusive property of Tijk Pte. Ltd. and its applicable licensors or suppliers. The Service is protected by copyright, trademark, and any other rights protected under the laws of Taiwan and any other applicable jurisdictions. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tijk Pte. Ltd.

You shall not use any of our intellectual property without first obtaining our authorization. Your account will be immediately disabled if we find any potential infringement or infringement of our intellectual property rights or any other rights.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Tijk Pte. Ltd.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Please carefully read the terms of use or service, privacy policy, and any other requirements or rules provided by such third party web sites or services before accessing or using those web sites or services. Your use of such web sites or services shall be at your own discretion and risk.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access to, use of, or reliance on any such content, goods, or services available on or through any such web sites or services. We shall also not be responsible for any content of the Service originating from third party web sites or services.

Data Backup

You acknowledge and agree that we are not responsible for maintenance of your Content posted through our Service. Please create and maintain a backup of your Content yourself to avoid any risk of missing data.

Communication with Other Users

You acknowledge and agree that our Service only provides a platform for you to communicate with other users of the Service and that you should decide at your own discretion and risk whether to establish a relationship with such users beyond the Service, including meeting and traveling together in person.

Privacy Policy

We are devoted to protecting your Personal Information provided by or collected from you during your access to and use of the Service. “Personal Information” includes your name, email address, and any other information which may be used to identify you, either directly or indirectly. To understand our commitment to protecting your Personal Information, please read our “Privacy Policy”.

Please note that if you access our Service by using an existing account of a third-party service, your Personal Information provided under that service will be disclosed to us and subject to our “Privacy Policy” as well.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any rightful reason, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

We reserve the right to modify, replace, remove, suspend, or discontinue any part of the Service, including any third party’s services made available through our Service, at any time without notice to you, and we shall not be liable to you or to any third party if such right is exercised.

You agree that from to time we may, in whole or in part, remove the Service for indefinite periods of time, or terminate the Service at any time without notice to you, for any reason we deem reasonable or necessary. We shall not be liable to you or to any third party if such right is exercised.

You shall not make any claim against us for compensation of loss or damage in any of the aforementioned situations, including without limitation the loss related to the Content you have posted and the followers, points, and badges you have obtained.

Limitation of Liability

In no event shall Tijk Pte. Ltd., nor its directors, employees, partners, agents, suppliers, subsidiaries or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Tijk Pte. Ltd., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses, or safe from attack, interference, hacking, or other harmful components or behaviors; or d) the results of using the Service will meet your requirements.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Taiwan, without regard to its conflict of law provisions. Any disputes between you and Tijk Pte. Ltd. arising out of or related to these Terms shall be brought in the Taiwan Taipei District Court, and the parties hereby submit to the jurisdiction of said court and the judgments thereof; provided, however, with respect to actions seeking to enforce any order or judgment of the Taiwan Taipei District Court, such actions may be brought in any court of competent jurisdiction.

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Languages

These Terms may be written in English and any other language(s). In case of any conflict between the English version and another language version, the English version shall prevail.

Contact Us

If you have any questions about these Terms, please contact us at

[email protected]