Last Updated: October. 17, 2022
By using BEATDAY, you agree to be bound by this TOU. If you no not agree with this TOU, please do not use BEATDAY. You represent and warrant that You are of legal age, as defined by the applicable law of Your country or region of residence, to be bound by this TOU.
This TOU, together with any additional terms provided to You by UOMO when using BEATDAY (“Additional Terms”), each which may be amended from time to time, are legal agreements between you, an individual or entity (“You”), and UOMO VITRUVIANO CORPORATION or based on where You live one of its affiliates (collectively, “UOMO” or “we”), that governs Your access to and use of BEATDAY. You are expected to check this page each time You access or use BEATDAY so that You are aware of any changes, as they are binding on You. If there is a conflict between this TOU and the Additional Terms, the Additional Terms will govern.
BEATDAY is developed and operated by UOMO, and provides end users with virtual concerts experience services (“Service”).
If You are under the age of majority in Your country or region of residence, You must review this TOU with Your parents or legal guardians, and agree with this TOU together with them to use the Service under their approval or recognition.
- System Requirements.
To access and use the Service, You will need a computer or mobile device that meets the compatibility and specification requirements for the BEATDAY application, and working internet access. These system requirements may change from time to time. Your access and use of the Service, as well as the performance of the Service may be affected by these factors. These system requirements and the associated costs are Your responsibility. If You are not able to access and use the Service due to compatibility issues with the BEATDAY application, please contact UOMO.
- To access and use the Service, You will be required to create an account (“Account”). When You register for an Account, You must provide us with current, complete, and accurate information. You must keep Your Account log-in credentials confidential and not authorize any third party to use it. You agree that HTC may attribute all use of Your Account to You and that You are responsible for all activities that occur under Your Account, including any purchases made using Your Account.
- Your password to Your Account can be changed in accordance with the mechanism provided by us. We will keep Your Account and related electromagnetic records within 30 days after the termination of this TOU. If the termination of this TOU is not attributable to You, You may apply for the continued use of Your Account with relevant identification documents during the aforementioned period. Unless otherwise prescribed by the applicable law, We may delete Your Account and related electromagnetic records if You fail to apply for the continued use of Your Account within the aforementioned period.
- Notification and Processing for the Unauthorized Access to or Unlawful Use of an Account.
- If any unauthorized access to or unlawful use of Your Account from a third party is noted by You or us, You and we shall inform each other. We may suspend the Account and provide You a new Account or password for replacement.
- We may temporarily restrict such third party’s access to or use of the Service, and notify and request him/her to give an explanation for the incident. If such third party fails to give an explanation within 7 days after receiving the notification, we may directly restore Your electromagnetic records associated with such Account that have been improper transferred, or we may provide a compensation plan in the event electromagnetic records cannot be restored. However, if the unauthorized access to or unlawful use of Your Account is attributable to You, we will not be responsible for the restoration or compensation.
- If such third party disagree with the aforementioned processing by us, You may take legal action.
- We will not be liable for any loss and damage arising from the unauthorized access to or unlawful use of Your Account. You shall be liable for the losses and damages incurred by us or such third party arising from Your false notification.
- BEATDAY application is free for end users to download.
- You may purchase virtual goods or services, such as digital content, virtual items, or virtual currency, from inside BEATDAY application, and prices may be updated from time to time. We may engage third parties to process the sales and purchases from inside BEATDAY application (collectively “Third-Party Payment Provider”). Please abide by this TOU and the requirement or terms of service provided by the Third-Party Payment Provider when purchase.
- We may impose limitations on Your access to and use of virtual goods or services from inside BEATDAY application. If Your order that offer a free trial period identified at the time of purchase, You must cancel the subscription by the end of the trial period to avoid incurring charges. If You do not cancel that subscription, You authorize us or our Third-Party Payment Providers to charge You for that good or service.
- Except as expressly set forth in our (or our Third-Party Payment Provider’s) policy or the applicable law, all purchases of virtual goods or services from inside BEATDAY application are final and no returns, replacements and refunds. If You are not able to access and use the Service due to compatibility issues with the BEATDAY application, please contact UOMO for refunds.
- We strive to be as accurate as possible and to eliminate errors related to the Service. However, we do not represent or warrant that any Service description or pricing information is accurate, complete, reliable or current. In the event of an error, we or our Third-Party Payment Providers reserve the right to correct such error and revise Your order accordingly (which includes charging the correct price), or to cancel the order and refund any amount charged.
- Intellectual Property.
Except as otherwise stated in this TOU, we and our affiliates, licensors, and suppliers own intellectual property rights and all other rights to the Service and reserve all rights not expressly granted to You in this TOU. UOMO, BEATDAY, the associated logos, and other UOMO product and service names referenced to the Service are the trademarks of us and our affiliates. In addition, any other company names, product names, service names, and logos referenced in connection with the Service may be the trademarks of their respective owners and may not be used without their permission.
Subject to Your full compliance with this TOU and the Additional Terms, we grant You a limited, personal, non-transferable, non-exclusive, and revocable license to access and use the Services, and virtual goods or services You have purchased from inside the Service, for Your personal and non-commercial purposes.
- License Limitations.
If the virtual good or service inside the Service are chargeable, Your license to use that virtual good or service is granted to You subject to Your timely payment for that virtual good or service. If You violate this TOU, we may immediately terminate Your access to or use to the Service, Your associated Account, or both, without refund to You. The license granted in preceding section is conditioned upon Your compliance with the following limitations. You are not permitted to:
- work around any technical limitations in the Service;
- reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code relating to the Service unless explicitly permitted by law;
- sell, rent, lease, distribute, transfer, sublicense, or assign the Service or Your rights to the Service to any third party without authorization;
- modify or make any derivative works of the Service, in whole or in part;
- remove any proprietary notices or labels on the Service or any copy thereof;
- use the Service for a commercial purpose;
- display (in part or in whole) the Service as part of any public performance or display even if no fee is charged;
- use the Service to infringe the rights of us, our affiliates, or any third party, or use the Service in any way that does not comply with the applicable law; or
- use the Service in a manner not permitted by this TOU or the Additional Terms.
- Support and Update.
We are not obligated to, and may not, provide support for the Service. You agree that we may automatically check Your BEATDAY version and notify you of the update.
- BEATDAY PC version Logs.
- We will retain the logs of Your use of BEATDAY PC version for 30 days for inquiry.
- If you would like to apply for the above logs, you have to provide us with Your personal information which matches Your identity document for identity verification. And, the fee for such application is NT$200.
- Once we receive Your application, we will provide relevant logs within 10 days after completing identity verification.
- Protection of Personal Information.
- Management Rules for Use of BEATDAY.
- You agree that you will not misuse or attempt to misuse the Service.
- You may not post or communicate any unlawful or inappropriate speech or information in the Service, including but not limited to insult, defamation, obscenity, sexual innuendo, harassment, threat, hate, discrimination, misinformation, or disinformation.
- You may not make insulting remarks, defamatory statement, criticism on BEATDAY and UOMO, including making negative posts on websites and social media.
- You may not use an inappropriate user name, including but not limited to, with information leading other users believe You are our staff or customer service representative, or with speech or information stated in preceding paragraph.
- You may not engage in advertising or trading of products or services, or other commercial activities in the Service.
- You may not work around us to trade with others for BEATDAY Account, redemption code, or virtual goods or services. You are responsible for any dispute arising from the aforementioned trading, and we have no obligation or duty for such trading.
- You must comply with the applicable law of Your country or region of residence, and rules and practices of the Internet, for Your use of the Service.
- Subject to the Copyright Act, all content and information in BEATDAY, including but not limited to the virtual concert, BEATDAY UI/UX, texts, video, pictures, images and any other information, is protected by Copyright Act and is the proprietary right of UOMO. You may not use such content and information in the manner that is beyond the scope of this TOU without UOMO’s prior written consent and license.
- Violation of Management Rules.
If You violate the preceding Management Rules, we will: (i) notify You and request You to make corrections, (ii) restrict Your use of the Service, for example, locking Your Account or forbidding You from speaking, if appropriate, and (iii) make Your violation known to the public in an appropriate manner if necessary.
You may submit oral or written comments, suggestions, ideas, plans, notes, drawings, or other information related to the Service. We are free to use, disclose, reproduce, license, or otherwise distribute that feedback, without any obligations to You.
- Update to this TOU.
- If this TOU is updated, we will notify You or make it known to the public in an appropriate manner.
- Within 15 days after the preceding notification or publication, You will be deemed to agree and accept the updated TOU if You do not object, or You will be deemed to terminate Your use of the Service if You do object.
- Termination of this TOU and Refund.
- You may terminate this TOU at any time by notifying us.
- If You have not logged in to Your Account for use of the Service for more than 1 year, we may notify You and request You to log in to Your Account in 15 days at least; if You fail to log in to Your Account during the aforementioned period, we may terminate this TOU.
- We may terminate this TOU by notifying You if there is one or more of the following behaviors from You:
Maliciously attacking or damaging our computer system by using any system or tool.
Using the Service by exploiting plug-ins, viruses, bugs in the BEATDAY application, or other abnormal, unfair or unreasonable means.
Purchasing virtual goods or services inside from the Service by impersonation, fraud, or other false or improper manners.
Violating Management Rules for the same reason for 3 times or more and failure to make corrections after notified by us.
Any unlawful activity seized by a judicial authority.
Any serious violation of this TOU.
- Upon termination of this TOU, You will not be able to use the Service, and we may cancel Your Account.
- Upon termination of this TOU, we will refund You the fee of any unused point for which You have paid within 60 days after termination, or we will process such issue in accordance with the mutual agreement between You and us. The refund will deduct our necessary costs.
- Termination of the Service.
- If we determine to terminate the Service, we will notify You or make it known to the public, in an appropriate manner, 30 days in advance.
- If we fail to comply with the preceding period, we will refund You the fee of any unused point for which You have paid without any deduction, and provide You with other reasonable compensation.
To the maximum extent permitted by the applicable law, the Service is provided “AS IS” and without any warranty or condition. In particular, we make no warranty that the Service: (i) will be available or provided on an uninterrupted, timely, secure or error-free basis; (ii) any information or content obtained through it will be accurate, complete or reliable; and (iii) any defect or error therein will be corrected. Your use of the Service is at Your own risk, and You are solely responsible for any damage or loss arising therefrom. You still have the rights that cannot be excluded by contract under the applicable law of Your country or region of residence. This TOU will not limit any non-waivable warranty or consumer protection right that you may be entitled to under the mandatory laws of Your country or region of residence.
- Limitation of Liability.
- To the maximum extent permitted by the applicable law, we will not be liable for any special, indirect, incidental, and consequential damages arising out of Your use of the Service.
- To the maximum extent permitted by the applicable law, our aggregate liability to You and Your exclusive remedy under this TOU, for all losses and damages arising out of Your use of the Service, will not exceed the amount paid by You for the Service or the virtual goods or services inside the Service in 1-year period prior to the date of Your claim.
You will defend and indemnify us and our directors, officers, employees, agents, partners, suppliers and licensors from all losses and damages, including reasonable attorneys’ fee, arising from any third party’s claim or demand in relation to one or more of the followings: (i) Your unauthorized use of the Service; (ii) Your breach of this TOU or the Additional Terms; (iii) Your infringement of any third party’s right or Your violation of the applicable law; (iv) any Feedback You have provided.
- Governing Law and Jurisdiction.
This TOU is construed in accordance with and governed by the laws of Taiwan (R.O.C.). If there is any dispute arising out of this TOU or the Service, the Taipei District Court in Taiwan will be the court of competent jurisdiction for the first instance.
- We may assign or transfer our rights and obligations under this TOU, and You agree to cooperate with us in connection with such assignment or transfer.
- Our failure to exercise any right, power or remedy with respect Your breach of this TOU will not constitute a waiver of such right, power or remedy. Any waiver of any provision of this TOU unst be in writing and will be effective only to the extent set forth in writing.
- If any provision of this TOU is held to be invalid, unlawful or unenforceable, the remainder will remain in full force and effect and in no way be affected.
- This TOU and any Additional Terms constitute the entire agreement between You and us for Your use of the Service.
- Contact Information.
If there is any question to the Service or this TOU, You may contact us at the address or email address as stated below:
UOMO VITRUVIANO CORPORATION
Address: 11F, No. 88, Section 3, Zhongxing Road, Xindian Dist., New Taipei City 231, Taiwan (R.O.C.); or
Email Address (Customer Service): email@example.com