Important legal conditions—please read carefully
Before reading the Terms of Service (“TOS”), please first take note of the following explanation, which will use terms defined in Article 1 of the TOS.
Acceptance of the TOS: The TOS will be applicable between Zodiac International Art Co., Ltd, (“GALLERY DE SOL”) and you (i.e., the user of The Service). Before using The Service, you must indicate your acceptance of all stipulations in the TOS by clicking on “I agree” (or similar term) option. By beginning to use or continuing to use the Service, you will be deemed to have read and expressed your acceptance of all stipulations in the TOS.
Effect of contract:If you click on “I agree” (or a similar term), it means you have expressed your agreement to all stipulations set out on the web page, and accept them as contractual stipulations that are legally binding on you. Further, when you click on the “I agree” option (or a similar term), it means you have agreed to undertake relevant expressions of intent by means of electromagnetic records, including but not limited to the use of such records for expressing agreement to contract, undertaking purchase and payment actions, and the transmission and retention of relevant records; you also agree that The Service may use electromagnetic records for the handling of all notifications, statements of policy, and transaction records.
Restrictions imposed by the laws of your local jurisdiction:If the laws of your local jurisdiction place age-based restrictions on the use of Internet application services or on entering into contracts similar to the TOS, and if you are below the age of consent prescribed by the laws of your jurisdiction, then you can neither express acceptance of the TOS nor use the Service. If you express your acceptance of the TOS, you will be deemed to have understood and declared your confirmation that, in accordance with the laws of your jurisdiction, you may lawfully and effectively agree to the TOS and to use the Services.
Article 1 — Definitions
Relevant terms used in the TOS are defined as follows:
1.1 The Service: Paid services provided individually or collectively by this Company and/or its cooperating partners, including but not limited to GALLERY DE SOL service and other related paid services to be introduced in the future.
1.2 GALLERY DE SOL: GALLERY DE SOL company is registered at 13F.-3, No. 141, Sec. 1, Keelung Rd., Xinyi Dist., Taipei City 110058 , Taiwan (R.O.C.)
1.3 GALLERY DE SOL self-media platform: Self-media platforms provided by GALLERY DE SOL, including but not limited to later maintenance releases or updates of the platforms, that allow you to use the Services.
1.4 Terms of Service (“TOS”): The content of provisions stipulated by this document, which includes content stipulated in other relevant documents cited by this document. The TOS will constitute a contract established between this Company and you with respect to the use and provision of The Service.
1.5 Contract: The contract established between this Company and you with respect to The Service.
1.6 You: The user of The Services.
1.7 Website: Except where otherwise specifically noted, the relevant web pages found under the www.gallerydesol.com.tw domain name.
Article 2 — Use of The Service
2.1 If you wish to purchase or use The Service, you shall complete payment and purchase procedures in accordance with the online purchasing process currently specified by The Service, including but not limited to currently specified conditions and methods of payment.
2.2 When you use The Service, in addition to abiding by the TOS, you are also required to abide by the related operating instructions and rules currently posted on the relevant this Company web pages and the provisions of related laws and regulations.
2.3 In order to purchase or use The Service, you must promptly provide the information requested during the purchasing procedures, the information necessary to appropriately provide the relevant services to you, and the information required by related laws and regulations or government agencies. You shall also guarantee that all the information you provide is accurate and up-to-date.
2.4 If you do not provide information promptly or in the designated manner, or the information you provide is inaccurate or contrary to fact, this Company and its cooperating partners reserve the right, at any time and without prior notification, to refuse or temporarily suspend provision to you of all or part of The Service.
2.5 You may not in any fashion resell or provide to any third party all or part of the rights you have obtained for use of The Service in accordance with the Contract.
2.6 You understand and agree that The Service may only be used in a lawful manner for lawful purposes, and you therefore may not use The Service in any manner that violates or has as its goal violation of the law, including but not limited to (1) the interception, monitoring, clandestine recording, damaging, or alteration of any communications content not transmitted to you; (2) transmitting or engaging in any advertising not permitted by law; (3) the use of your Account or The Service in a fraudulent or otherwise improper manner; or (4) the intent to undertake any unlawful act or any act contrary to public order or good morals.
2.7 If you violate the TOS or relevant laws or regulations, infringe upon the rights of a third party, or use The Service in an improper manner, this Company and its cooperating partners reserve the right, at any time and without prior notification, to refuse or temporarily suspend provision to you of all or part of The Service; if, as a result, any claim is brought against this Company and/or its cooperating partners and/or their directors, supervisors, or employees, or if they are subject to an investigation or disposition from the relevant competent authority, or suffer any pecuniary or non-pecuniary damage, you shall be responsible for payment of all damages and related fees, including but not limited to court costs, damages, settlement amounts, administrative fines, and attorney fees.
2.8 You understand and agree that this Company may of its own accord, at regular or irregular intervals, send various types of electronic bulletins, messages related to The Service, or other messages to you.
Article 3 — Payment and Payment Rates
3.1 To use The Service, and to pay the relevant fees incurred by using The Service, you must make payment by means of a credit card or other designated payment method. When payment is made by credit card, a successful deduction from the credit card must be made in order to activate The Service. The Service reserves the right to change or refuse the means of receiving payment, the type of credit card used, and the institution or bank that issues the credit card.
3.2 The relevant fees for The Service and the calculation of fee rates shall be in accordance with the explanation currently given on the Website. Relevant fee rates and their method of calculation will not necessarily be posted directly on the Website, but may be provided by links to other web pages, by citation of other documents, or by explanations provided in another manner.
Article 4 — Provision and Operation of The Service
4.1 The Service will only provide service based on the functions and conditions which it currently provides, without any guarantee of suitability for any special purpose that may be planned or anticipated by you. This Company and its cooperating partners reserve the right, at any time and without prior notification, to change all or part of The Service’s relevant functions, including but not limited to changes in the hardware or software requirements for The Service, the method of use of relevant services, or any changes or adjustments made in coordination with the relevant laws and regulations or government agency requirements in any locality.
4.2 You will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes. This company reserves the right to change the terms related to GALLERY DE SOL services, including without limitation to impose or amend any residency requirements and/or require the provision of further user information for continued access to such numbers.
4.3 This Company reserves the right, at any time and without prior notification, to temporarily suspend or cease all or part of The Service.
Article 5 — Suspension or Discontinuation of Service
5.1 This Company, along with its cooperating partners, will do its utmost to ensure that The Service is not subject to interference, obstruction, or delay; this Company and its cooperating partners, however, do not guarantee that The Service absolutely will not be subject to interference, obstruction, or delay. You understand and agree that because The Service is transmitted along the open Internet, there may be factors that cause impediment to The Service, including but not limited to electrical impediments, impediments to network access or Internet service, and packet loss or packet message delay. This Company and its cooperating partners are not liable for any such interference, obstruction, or delay.
5.2 Under the following circumstances, this Company may suspend or discontinue all or part of The Service and will not be liable to you: (1) during the relocation, substitution, upgrading, or servicing or maintenance of hardware or software related to The Service; (2) when there is a suspension or discontinuation of service resulting from a third party action or for any other reason not attributable to this company; (3) when there is a suspension or discontinuation of service as the result of a natural disaster or other force majeure event.
5.3 When, due to a blockage or obstruction in this company’s hardware or software, there occurs an error, delay, discontinuity, or inability to transmit, resulting in damages incurred, then except for an extension of the period of validity in accordance with this Article, this Company will bear no liability for compensation of any direct or indirect damage that results.
Article 6 — Limitations on Liability
Except in the event of deliberate intent or gross negligence on the part of this Company, if, in accordance with laws and regulations and the judgment of a jurisdictional authority, this Company is liable to you for damages incurred as a result of The Service, the maximum liability for damages borne by this Company shall be limited to the total amount of fees paid by you for The Service during the year in which the damages occurred.
Article 7 — Privacy Guarantee
7.1 The Service will guarantee your right to privacy in accordance with relevant laws and regulations and the content of the Website privacy statement, including the privacy of your personal information, communications records, and transaction records.
7.2 In order to complete transactions or provide you with The Service, The Service may provide relevant information on you to those who, during the process of transactions for or provision of The Service, are the relevant service providers or cooperating counterparties of The Service, such as banks or credit card organizations, cooperating telecommunications operators, and this Company’s cooperating partners with respect to The Service. If you are not willing to divulge such personal information to the relevant service providers in relation to The Service or to other cooperating parties, you may choose not to purchase or use The Service, but if you do purchase The Service or continue to use The Service, this Company may divulge your personal information to the relevant service providers of The Service or to other cooperating parties. In addition, in accordance with the relevant laws and regulations or the requirements of government agencies, The Service may provide your personal information, communications records, or transactions records to jurisdictional authorities, including but not limited to law enforcement agencies.
7.3 Under the following circumstances, this company is entitled to examine or use your personal information, communications records, or transaction records, to provide them to a jurisdictional authority, or to provide them to a third party that claims and provides credible evidence of a violation of its rights, and when necessary, your Account may be temporarily suspended: (1) pursuant to laws and regulations or the order of a judicial agency or other jurisdictional authority; (2) in order to execute the provisions of the TOS or when there is a likelihood that you have violated the TOS; (3) in order to protect the security of the system for The Service or the lawful rights and interests of an operator; (4) in order to protect the lawful rights and interests of other users or other third parties; (5) in order to maintain the normal operation of the system for The Service.
Article 8 — Intellectual Property Rights
All intellectual property rights utilized by or included in The Service, including but not limited to the relevant platform, designs, and trademarks, are without exception the property of either this Company or the relevant cooperating partners of The Service, and except where otherwise explicitly stipulated, provision of The Service does not signify the assignment or licensing of any intellectual property. When you use software related to The Service, you shall agree to and abide by the relevant software licensing agreements.
Article 9 — Other Conditions
9.1 Matters for which the TOS makes no provision shall be governed by the relevant statements and rules of use on the Website.
9.2 This Company may amend the TOS at any time. The amended TOS will be posted on the Website and no other special notification will be provided. If you do not agree to the amended TOS, you may request that the Contract be terminated. If you continue to use The Service, you will be deemed to have agreed to the amended TOS.
9.3 If, for any reason, all or part of any stipulation within the TOS is deemed to be invalid or unenforceable, the validity and enforceability of the remainder shall not thereby be affected.
9.4 The failure to exercise all or any part of the rights to which this Company is entitled pursuant to the TOS may not be deemed a waiver of those rights, and will not affect the exercise of the remaining rights.
9.5 This Company, at any time and without prior notification, may transfer all or part of The Service, or the operation of The Service, to an affiliated enterprise.
9.6 The governing law with respect to the TOS and any disputes arising out of The Service shall be the law of the Republic of China, and the competent court of first instance for any dispute arising in relation thereto shall be the Taiwan Taipei District Court.
1.2 曜畫廊：係指日寰國際藝術有限公司（Zodiac International Art Co., Ltd.）經營之品牌「曜畫廊（Gallery de sol）」，登記地址為臺北市信義區基隆路1段141號13樓之3。
7.3 在下列情況下，本公司有權查看或使用您的個人資料及交易記錄，或提供予有權機關、或主張其權益受侵害並提出合理事證之第三人，必要時並得暫停您的帳號：（1）依法令規定、或依司法機關或其他有權機關之命令；（2）為執行本服務約定條款、或您有違反本服務約定條款之虞； （3）為保護本服務系統之安全或經營者之合法權益；（4）為保護其他使用者或其他第三人的合法權益；（5）為維護本服務系統的正常運作。