1. Acceptance of Terms
A. By accessing or using services provided by UMiTouch, including any products, software, data sources, and services made available through the platform (collectively, the "Service"), you agree to be bound by the following terms: these Terms of Service, the Privacy Policy, and the UMiTouch Community Guidelines, all of which are incorporated into these terms by reference. If you do not agree to any of these terms or any applicable supplemental terms, please stop using the Service immediately. Certain products and features provided by UMiTouch may be referred to in this document collectively as "UMiTouch."
B. Although we will make reasonable efforts to notify you of material changes to these terms, you should still review the latest version regularly. UMiTouch reserves the right, at any time and in its sole discretion, to revise or adjust these terms or related policies. Your continued use of the Service will be deemed acceptance of those changes. These terms may not be interpreted as granting any rights or benefits to any third party.
2. Service Description
A. These Terms of Service apply to all users, including users who contribute content. "Content" refers to text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials that may be viewed or accessed through the Service. The scope of the Service includes all UMiTouch applications, such as iSharing and other related platforms.
B. The Service may contain links to third-party websites or resources that are not owned or controlled by UMiTouch. UMiTouch is not responsible for the content, privacy policies, or practices of those websites. In addition, UMiTouch does not endorse, edit, or monitor the content of any third-party website. By using the Service, you expressly agree to release UMiTouch from any and all liability arising from your use of any third-party website.
C. When you leave the Service platform, we recommend that you review the terms and privacy policy of the website you are about to visit.
3. Care Ledger
A. Care Ledger is a service designed to promote charitable transparency and strengthen connections between donors and certified public-interest organizations. When using Care Ledger, you may be asked to provide location information so the system can recommend the nearest eligible charity or social welfare organization, improving the relevance and usefulness of the service.
B. UMiTouch collects and processes your device location data only to improve service accuracy and usability. All personal information related to donation tracking is anonymized and protected in accordance with the Privacy Policy.
C. By using Care Ledger, you agree and acknowledge that UMiTouch may collect limited and anonymized data in order to enable platform functions and continuously improve the Service, and that such use will follow strict data-protection and ethical-use principles.
4. UMiTouch Account
A. To use certain features of the Service, you must create a UMiTouch account. You may not use another person's account without permission. When registering, you must provide accurate and complete information. You are fully responsible for all activity that occurs under your account and must keep your password secure. If you become aware of unauthorized use of your account or any other security issue, you must notify UMiTouch immediately.
B. UMiTouch is not liable for losses caused by unauthorized use of your account. However, if such use causes damage to UMiTouch or any third party, you may be required to compensate for that damage.
5. General Terms of Use: Permissions and Restrictions
UMiTouch grants you permission to access and use the Service under these Terms of Service, provided that you agree to the following conditions:
A. Unless UMiTouch provides prior written consent, you may not reproduce, distribute, or publicly display any part of the Service or its content in any other media or platform, except where such functionality is expressly provided by the Service.
B. You may not alter or modify any part of the Service.
C. You may access content only through the native playback interface provided by the Service or by other means expressly authorized by UMiTouch, and not through any other technology or method.
D. Unless UMiTouch provides prior written consent, you may not use content for the following commercial purposes:
■ selling access to the Service or to linked content;
■ selling advertising, sponsorships, or promotions on pages related to the Service or its content;
■ operating a website or blog containing Service content for profit, unless that page also contains other high-value content not originating from UMiTouch that reasonably supports such commercial activity.
E. Commercial uses that are not prohibited include:
■ uploading original images or materials to the UMiTouch platform, or managing an iMage channel to promote personal commercial or artistic activities;
■ other commercial activities expressly authorized in writing by UMiTouch.
F. If you embed UMiTouch services on your website, you may not modify, hide, or add to any element of the embedded player, including links back to UMiTouch.
G. You may not use or launch any automated system, including robots, spiders, or offline readers, to send requests to UMiTouch servers at an unreasonable rate. Public search engines may, with express permission, use crawlers to create publicly available indexes, but not caches or archives. UMiTouch reserves the right to revoke this exception.
You also may not collect personally identifiable information from the Service, such as account names, or use comments, email, or other communication features for commercial solicitation. You may not make commercial solicitations directed at other users with respect to their content.
H. When using the Service, you must comply with applicable local, national, and international laws and regulations.
I. UMiTouch reserves the right, at any time and without notice or liability, to terminate, suspend, or modify any part of the Service.
6. Content Use Rules
In addition to the general restrictions above, the following rules apply specifically to your use of content within the Service:
A. All content included in the Service, including trademarks, service marks, and logos, is owned by or licensed to UMiTouch and is protected by copyright and other intellectual-property laws.
B. Content is provided "as is" for your personal, non-commercial reference use only, subject to these terms and the functionality of the Service. Unless UMiTouch expressly provides a download link or similar functionality, you may not download, copy, reproduce, distribute, transmit, publish, adapt, license, sell, or otherwise exploit any content. All rights not expressly granted are reserved by the respective rights holders.
C. You agree not to circumvent, disable, or otherwise interfere with any security-related features of the Service, including mechanisms that prevent or restrict copying or limit the scope of use.
D. You understand that by using the Service, you may be exposed to content that is inaccurate, offensive, indecent, or otherwise objectionable. Accordingly, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UMiTouch, and you agree to indemnify and hold harmless UMiTouch, its affiliates, licensors, licensees, officers, and employees from any claims arising out of your use of the Service, to the extent permitted by law.
7. Your Content and Conduct
A. As a registered UMiTouch user, you may submit content to the Service, including but not limited to media files and user comments. You understand that UMiTouch does not guarantee the confidentiality of any content you submit.
B. You are solely responsible for the content you submit and publish, and for the consequences of doing so. You represent that you own or have obtained all necessary licenses, rights, consents, and permissions to publish that content, and you authorize UMiTouch to use the content in accordance with these terms, including any patent, trademark, trade secret, copyright, or other proprietary rights involved.
C. You retain ownership of the content you submit, but you grant UMiTouch a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, display, publish, transmit, and perform that content in connection with the Service and its business, including promotion and redistribution.
D. You represent that the content you submit does not include any third-party copyright or proprietary rights unless you have lawfully obtained the relevant authorization or rights for such use and licensing.
E. You agree not to submit content that violates the UMiTouch Community Guidelines or any applicable law.
F. UMiTouch does not endorse any content, opinion, or recommendation submitted by users or licensors and expressly disclaims all legal responsibility for such material. UMiTouch does not permit any form of intellectual-property infringement and will remove infringing content upon receiving proper notice, while also reserving the right to remove content without notice.
8. Account Termination Policy
A. If a user is determined to be a repeat intellectual-property infringer, UMiTouch will, where appropriate, terminate that user's access to the Service.
B. UMiTouch has the sole discretion to determine whether content violates these Terms of Service, including but not limited to copyright infringement, pornography, indecency, violence, or other offensive material. UMiTouch may remove such content and terminate the relevant account at any time without prior notice.
9. Copyright Policy
A. UMiTouch maintains a clear copyright policy for handling allegations involving infringement of third-party intellectual-property rights. We take such complaints seriously and will respond in accordance with applicable law.
B. Under that policy, any user who receives more than two valid infringement notices will be regarded as a repeat infringer, and UMiTouch may permanently terminate that user's access to the Service.
10. Disclaimer
You understand and agree that your use of the Service is at your own risk. To the fullest extent permitted by law, UMiTouch and its officers, directors, employees, and agents disclaim all express or implied warranties regarding the Service and your use of it. UMiTouch does not guarantee the accuracy, reliability, availability, or completeness of any content or linked resource provided through the Service, and assumes no liability for any of the following:
i. errors or inaccuracies in content;
ii. personal injury or property damage resulting from your access to or use of the Service;
iii. unauthorized access to or use of our secure servers, or the leakage of personal or financial information contained therein;
iv. interruption of the Service or termination of transmission;
v. viruses, trojans, or similar malicious software transmitted by third parties through the Service;
vi. errors or omissions in any content, or any loss or damage resulting from the use, publication, or transmission of that content through the Service.
UMiTouch does not warrant or endorse any product or service offered by third parties through the Service, through linked websites, or through banner advertisements, and is not a party to transactions between you and such third parties. When purchasing any product or service, you should use caution and independent judgment.
11. Limitation of Liability
To the fullest extent permitted by applicable law, UMiTouch and its senior officers, directors, employees, and agents shall not be liable for any damages you claim under any legal theory, including contract, tort, negligence, strict liability, or otherwise, whether or not UMiTouch was advised of the possibility of such damages. Such damages include, without limitation:
i. errors or inaccuracies in content;
ii. personal injury or property damage resulting from your access to or use of the Service;
iii. unauthorized access to our secure servers, or theft of personal or financial information;
iv. interruption of the Service or termination of transmission;
v. viruses, trojans, or similar malicious code transmitted by third parties through the Service;
vi. errors or omissions in any content, or any loss or damage resulting from your use of content transmitted, downloaded, published, or otherwise obtained through the Service.
In some jurisdictions, certain warranties, disclaimers, or limitations of liability may not be excluded by law. If the law applicable to you does not permit complete exclusion, UMiTouch's liability will be limited to the maximum extent allowed by law, and in any event will not exceed the lesser of the following:
a) the amount you paid for the Service in the previous twelve months; or
b) the cost of re-supplying the Service.
You expressly agree that UMiTouch is not responsible for defamatory, offensive, or unlawful conduct by any third party, and that all resulting risks and damages are solely your responsibility.
The Service is operated by UMiTouch from Taiwan and is supported in part by facilities located in the United States. UMiTouch makes no representation that the Service is appropriate or available for use in other locations. If you access the Service from another jurisdiction, you do so voluntarily and are responsible for complying with applicable local laws.
12. Indemnification and Defense
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless UMiTouch, its parent company, subsidiaries, affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, debts, and expenses, including reasonable attorneys' fees, arising from any of the following:
i. your use of or access to the Service;
ii. your violation of any provision of these Terms of Service;
iii. your infringement of any third-party right, including but not limited to copyright, property, or privacy rights;
iv. any claim that content you provided caused damage to a third party.
These indemnification and defense obligations survive your cessation of use of the Service and the termination of these terms.
13. Fees and Payment
■ Certain services may require payment. Specific fees and conditions shall be subject to the descriptions provided on the website.
■ All payments are non-refundable unless otherwise required by law or otherwise agreed by us.
14. Capacity to Accept the Terms of Service
You confirm that you meet one of the following conditions:
■ you are at least 18 years old;
■ you are a minor who has legal capacity to act independently; or
■ you have obtained consent from a parent or legal guardian,
and in each case you have full capacity to enter into and comply with the conditions, obligations, representations, and warranties set out in these Terms of Service.
In any event, you confirm that you are at least 13 years old, because the Service is not intended for children under 13. If you are under 13, do not use the Service. There are many other websites on the internet more suitable for you, and you should discuss with your parents or guardians which websites are appropriate.
We provide these Terms of Service together with the Service to ensure transparency of information. You confirm that you have had a reasonable opportunity to read and agree to these terms.
15. Assignment of Terms
You may not assign or transfer any of your rights or obligations under these Terms of Service without prior written consent from UMiTouch. UMiTouch may assign or transfer all or part of its rights and obligations under these terms without restriction.
16. General Terms
i. You agree that the Service shall be deemed to be provided solely from Taiwan.
ii. You further agree that the Service shall be deemed a passive website and shall not give rise to personal jurisdiction over UMiTouch outside Taiwan, whether general or specific.
These Terms of Service shall be interpreted and governed in accordance with the laws of Taiwan, without regard to conflict-of-law principles. Any dispute relating to the Service shall be subject to the exclusive jurisdiction of the courts of Taiwan.
These terms, together with the Privacy Policy and any other legal notices published by UMiTouch, constitute the entire agreement between you and UMiTouch regarding the Service.
If any provision of these terms is held unenforceable, the remaining provisions shall remain in full force and effect.
No waiver of any provision of these terms shall be deemed a waiver of any other provision, and UMiTouch's failure to assert any right shall not be deemed a waiver of that right.
You and UMiTouch agree that any legal action related to the Service must be commenced within one year after the cause of action arises, otherwise the right to sue will be permanently barred.