The SmoothHR Terms of Use was updated on September 23, 2015.
Acceptance of Terms
crtc.com.tw provides the SmoothHR Services (defined below) to you subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you.
By accessing and using the SmoothHR Services , you accept and agree to be bound by the terms and provision of the TOU. In addition, when using particular crtc.com.tw owned or operated services, you and crtc.com.tw shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. crtc.com.tw may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
Account, Password and Security
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
1. Immediately notify crtc.com.tw of any unauthorized use of your password or account or any other breach of security
2. Ensure that you exit from your account at the end of each session.
Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not crtc.com.tw, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the SmoothHR Services . crtc.com.tw does not control the Content posted via the SmoothHR Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SmoothHR Services , you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will crtc.com.twbe liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the SmoothHR Services.
You agree to not use the SmoothHR Services to:
1. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a crtc.com.tw official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the SmoothHR Services;
5. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the SmoothHR Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the SmoothHR Services or servers or networks connected to the SmoothHR Services , or disobey any requirements, procedures, policies or regulations of networks connected to the SmoothHR Services , including using any device, software or routine to bypass our robot exclusion headers;
11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
12. "stalk" or otherwise harass another; and/or
13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that crtc.com.tw may or may not pre-screen Content, but that crtc.com.tw and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the SmoothHR Services . Without limiting the foregoing, crtc.com.tw and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by crtc.com.tw or submitted to crtc.com.tw, including without limitation information in crtc.com.tw Message Boards and in all other parts of the SmoothHR Services.
You acknowledge, consent and agree that crtc.com.tw may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of crtc.com.tw, its users and the public.
You understand that the SmoothHR Services and software embodied within the SmoothHR Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by crtc.com.tw and/or content providers who provide content to the SmoothHR Services . You may not attempt to override or circumvent any of the usage rules embedded into the SmoothHR Services . Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SmoothHR Services , in whole or in part, is strictly prohibited.
Disclaimer of Warranties
You expressly understand and agree that:
1. Your use of the SmoothHR Services and software are at your sole risk. the SmoothHR Services and software are provided on an "as is" and "as available" basis. smoothhr and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2. crtc.com.tw and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the SmoothHR Services or software will meet your requirements; (ii) the SmoothHR Services or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the SmoothHR Services or software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the SmoothHR Services or software will meet your expectations; and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the SmoothHR Services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from crtc.com.tw or through or from the SmoothHR Services or software shall create any warranty not expressly stated in the TOU.
5. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the SmoothHR Services. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. if you, or anyone in your family, have an epileptic condition, consult your physician prior to using the SmoothHR Services. immediately discontinue use of the SmoothHR Services and consult your physician if you experience any of the following symptoms while using the SmoothHR Services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Proprietary Rights
You acknowledge and agree that the SmoothHR Services and any necessary software used in connection with the SmoothHR Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the SmoothHR Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by SmoothHR or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the SmoothHR Services , such Content or the Software, in whole or in part.
crtc.com.tw grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the SmoothHR Services . You agree not to access the SmoothHR Services by any means other than through the interface that is provided by crtc.com.tw for use in accessing the SmoothHR Services.
Modifications to SmoothHR Services
crtc.com.tw reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SmoothHR Services (or any part thereof) with or without notice. You agree that crtc.com.tw shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SmoothHR Services (or any part thereof).
General Information
Entire Agreement. The TOU constitutes the entire agreement between you and crtc.com.tw and governs your use of the SmoothHR Services , superseding any prior version of this TOU between you and crtc.com.tw with respect to the SmoothHR Services . You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SmoothHR Services , affiliate services, third-party content or third-party software.
Interpretation and application of the terms of service, as well as disputes relating to the terms of service, unless otherwise provided by law, shall be handled in accordance with ROC law, and Taiwan Taipei District Court as first instance court of competent jurisdiction.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations of the TOU to our.