4. Licenses and Site Access
6. User Conduct
7. Copyright Policy and Copyright Fact Check
10. Disclaimer of Warranties
11. Limitation on Liability
12. Applicable Law
15. End User Communication
15.1 Public Nature of Statements
16. License Grant
19. Provision of Terms
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to Formosi.shop and Formosi.com (the “Site”), provided by Formosi Inc. (“Formosi”). These terms and conditions of use may be changed in the future without notice. Your continued use of this Site after any changes constitutes your acceptance of the new terms. Additionally, these terms and conditions apply exclusively to your access to, and use of, this Site, the mobile and touch versions, and any individual sites or merchant-specific, city-specific, or other area-specific sites we currently have or may have in the future, and does not alter in any way the terms or conditions of any other agreement you may have with Formosi for products, services, deals or otherwise. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE Site AND DO NOT USE ANY Formosi SERVICE OR PURCHASE ANY PRODUCT OFFERED THROUGH THE SITE.
All website materials, including, without limitation, the Formosi logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2017 Formosi Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the mentioned material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or in any way, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Formosi or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you do not, without the permission of Formosi or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Formosi, the Formosi logo and the products and services described in this Site, including without limitation Formosi are either trademarks or registered trademarks of Formosi and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Formosi. Additionally, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Formosi, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Formosi. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
4. Licenses and Site Access
Formosi permits you a limited license to make personal use only of the site. Such permits does not include, without limitation: (a) any commercial use of the site or resale or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the site and its contents; or (d) use of any data mining, android or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Formosi or any third party. The right to use the site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any.
You are not permitted to use, frame or utilize framing techniques to enclose any Formosi trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Formosi’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Formosi name, trademark or product name without Formosi’s express written consent. You acknowledge that, although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of Formosi, and Formosi shall not be responsible for any data lost while transmitting information on the Internet. In spite of Formosi’s efforts to keep the site accessible continuously, the Site may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Formosi, access to the Site may be interrupted, suspended or terminated from time to time. Formosi retains the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Formosi or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Formosi logo or other proprietary graphic or trademark of Formosi to link to this Site without the express written permission of Formosi. This limited right may be revoked at any time.
Formosi makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Formosi and Formosi is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Formosi is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Formosi of the site or any information contained therein. When leaving the Formosi site, you should be aware that Formosi’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
6. User Conduct
In using this Site, you agree:
1. Not to obstruct or interfere with the security of, or otherwise mistreat, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or related or linked websites;
2. Not to distort or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
3. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
5. Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and
6. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
7. Not to take any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
8. Not to aggregate any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
9. Not to deep—linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
10. Not to act illegally or maliciously against the business interests or reputation of Formosi, our Merchants or our services; or
11. Not to hyperlink to the Site from any other website without our initial and ongoing consent.
12. Not to resell or repurpose your access to the Site or any purchases made through the Site.
Additionally, you agree that you are solely responsible for any and all actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
7. Copyright Policy and Copyright Fact Check
It is Formosi’s policy to respect the copyright and intellectual property rights of others.
If you believe that Formosi or any user of our site has infringed your copyright in any material way, please notify Formosi, and provide the following information:
1. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
2. An identification of the copyrighted work claimed to have been infringed.
3. An identification of the material that you claim is infringing so that we may locate it on the site.
4. Your address, telephone number and email address.
5. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Please submit to Formosi Copyright Fact Check, 214 Main Street Unit 508, El Segundo, CA 90245.
You agree to defend, indemnify and hold harmless Formosi, its subsidiaries, affiliates and their associated employees, directors, officers and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, or any Statements submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Formosi, or postings on this Site, are nonconfidential and shall become the sole property of Formosi. Formosi shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Formosi, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
10. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Formosi AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY Formosi OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT Formosi DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, Formosi AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
Formosi MAKES NO WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Formosi DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY Formosi VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES Formosi MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Formosi OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
Formosi ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Formosi, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
Formosi ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON Formosi SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS AND VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO Formosi AND Formosi HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
Formosi DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL Formosi OR ITS PARENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Formosi OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE Formosi OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Formosi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of Los Angeles County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Formosi from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Formosi Deal, and any conduct, speech, or Statements, whether online or offline, of any other user.
Notwithstanding any of these terms and conditions, Formosi reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
15. End User Communication
Formosi in some instances allows you and other End Users to use the Site to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and other materials and content (collectively, “Statements”) through forums, bulletin boards, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Site from time to time (collectively, “Communities”). In most instances, you will be required to have a Formosi user account in order to make Statements.
In contributing any Statements, you represent and warrant (a) you have created your Statements, or, (b) if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the Statements, and that you have all rights necessary to grant the licenses and grants in this Agreement. You further represent and warrant (or, if you are acting on behalf of the creator of the Statements, you have been assured that the creator represents and warrants) that the sharing of Statements for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available Statements if they are unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violate any third party rights; or if they contain any material that harbors software viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
Formosi shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose to any third party the Statements and content within the Communities, and the circumstances surrounding its transmission, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Formosi, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Formosi shall have the right, but not the obligation, to remove any material from the Communities that Formosi, in its sole and absolute discretion, finds to be in violation of this Agreement or otherwise objectionable. Formosi assumes no liability for any Statements or other information removed from the Communities. Formosi is under no obligation to use your Statements and may not use or post them at all.
In some instances and from time to time, you may modify or remove the Statements you submit or post in Communities through your user account. Formosi makes no representations or warranties that the Statements you modify or remove will be modified or removed in the Communities, or that the Statements will cease to appear on the Internet, in search engines, or in any other form, media or technology.
15.1 Public Nature of Your Statements
You understand and agree that all Statements are public and not private. Any and all Statements you post to the Site are not confidential. Any other person (whether or not a user of Formosi’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements that you do not wish to be publicly disclosed. Formosi is not responsible for the use or disclosure of any Personal Information that you voluntarily disclose in connection with the Statements.
Some Statements you make to Communities will give you the option to list your Personal Information, or portion of your Personal Information, including your name, initials, username, social networking website user account name, image, likeness, voice, and location, in connection with your Statements. You grant Formosi a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide, right to use, display, distribute, offer to sell and sell the Personal Information you list in connection with your Statements, whether the Statements appear alone or as part of other works, and in any form, media, or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. Formosi shall have no obligation to use your Personal Information in connection with any Statements you submit or post, and may not do so at all.
Any Statements of any kind made by you or any other End Users to the Communities are those of the respective author(s) or distributor(s) and not of Formosi. Other End Users may post Statements that are inaccurate, misleading, or deceptive. Formosi does not endorse and is not responsible for any Statements made by End Users, and will not be liable for any loss or damage caused by your reliance on such Statements. The Statements expressed by other End Users reflect the opinions of the End Users who submitted them and may not reflect the opinion of Formosi. Formosi does not control or endorse any Statements found in any part of the Communities, and Formosi specifically disclaims any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content.
16. License Grant
As between you and Formosi, you shall retain all of your ownership rights in and to the Statements you submit or post. However, by contributing Statements or other information on or through the Communities, you grant Formosi a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Statements that you may have under any applicable law under any legal theory. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
If you purchase a Formosi voucher, the terms of your purchase will be governed by the Formosi Terms of Sale. They are subject to change from time to time. Please review them before you make each purchase. In the event of a conflict between the Terms of Service and the Terms of Sale for Vouchers, the General Terms of Voucher Sale will take precedence.
19. Provision of Terms