1. Introduction
Welcome to Encore! Please read these Terms of Service, our Privacy Policy and Encore Events Rules and Guidelines, as by using the Encore website, app, or participating in the Encore Community, you are agreeing to comply with the rules outlined in both of these documents. If there is any disagreement, please do not use the Encore website, app, or participate in the Encore community. Failure to comply with any of these terms will result in your removal from Encore.
If you are a legally incapacitated person or a person with limited capacity, please have your legal representative (such as a family member or guardian) read these Terms of Service before you join us and obtain their consent before you can register and use the membership services provided by Encore.
2. Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“Organizer” means any User of the Service who organizes events, activities, interest groups, discussions, or other associated items as part of their use of the Service;
“Platform” refers to our website (www.encoredays.com) along with any other website, application, or service we provide;
“Service” refers to the services that we provide through our Site, including our Site itself;
“Site” refers to our website (www.encoredays.com) along with any other website, application, or service we provide;
“Encore” refers to our company, “Encoredays Co., Ltd.” and any associated subsidiaries or parent companies; our Site, Service or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Encore Parties” refers to Encore, its officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Encore.
3. Description of Service
Encore is an interest-based social networking application designed primarily for pre-Millennial adults (Gen-X and older). We provide an empowering space for our users to discover new inspirations in their lives, expand their social circles, cultivate their interests and their creativity in order to live their best all over again.
4. Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must meet the definition of a legal adult in the US, Taiwan (Republic of China), or other respective country.
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Encore, and yourself.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Rules of Use
You must not:
- Violate the laws of the United States and Taiwan (Republic of China) or any other country, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable to generally acceptable social norms, or the opinion of Encore.
- Post or send any message that induces, abets, mediates, suggests, or otherwise places a child or juvenile at risk of being subjected to sexual exploitation.
- Infringe content of intellectual property, portrait, privacy, or other rights of others.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Encore Site, Service, or its Users’ computers.
- Do anything else which could bring Encore into disrepute or violate the rights of any person.
- Violate this Agreement or advocate the violation of this Agreement by others.
- Post or send any content that violates public order or generally acceptable social norms.
- Post or send any other content that the Encore Site and Service believes should be deleted and has notified you of its deletion.
You must:
- Comply at all times with Encore’s Terms of Service set forth herein.
6. Service
Encore provides the various services on the Platform only according to the functions and status provided at the time.
Encore reserves the right to add, modify or cancel the system or functions of the Services.
The commencement of the Service is from the date Encore completes the relevant system settings and makes the Service available after the User has completed the application and registration process. If you purchase or use paid Services, you must promptly provide the information requested in the purchase process, the information necessary to properly provide you with the relevant services, and you shall ensure that all information you provide is accurate and current, and if the information you have retained is subsequently changed, you shall immediately update the information you have retained.
All related domain names, network addresses, functions and all other rights and interests provided by the Services due to membership status shall remain the property of Encore or other legal rights holders and may only be used by the User during the term of service in accordance with these Terms of Service and shall not assign, transfer, lease or lend their membership rights and interests to any other third party in any manner.
Users agree that Encore may from time to time provide or send newsletters, event information and other lifestyle information to the email address you have signed up for or to the address in the information provided by the User.
7. Data Space and Storage
Encore reserves the right to add or modify the size of the storage space, except for paid members who pay for additional services.
Encore will periodically back up your stored data, but Encore is not responsible for deleted data or failed backups.
Encore does not guarantee that the data you upload will be displayed properly or that the data transmission is correct; if you discover errors or omissions in the system, please notify Encore immediately.
8. Account, Password and Security
Before you can use the Service, you must go through the registration process set forth by Encore, and you must enter complete and correct information during the registration process. You are solely responsible for any problems caused by incorrect or non-updated information.
You are responsible for the safekeeping and confidentiality of the user name and password you have obtained, and shall be responsible for all actions taken on the Site after logging in with this username and password. If your username and password are misused or misappropriated by others, Encore will assist you in resolving the matter as soon as possible, but will not be liable or responsible for any form of compensation or damages to you.
9. Children and Youth Protection
The Encore platform is intended for use by adults ONLY. At no point will Encore be promoted for use by people under the age of 18. In order to protect children and youth from inappropriate information, in addition to setting up a reporting channel to remove inappropriate information from the Platform, Encore users who are parents or guardians must also fulfill the following obligations:
- For youth over 13 years of age and under 18 years of age, they should avoid accessing and report any information containing violence, pornography, or information that encourages crime, etc., uploaded by other Users.
- Children under the age of 13 are not permitted to open an account on the Platform. Children under the age of 13 exposed to the Platform must be accompanied by a parent or guardian throughout the entire process of accessing the Platform to prevent them from being exposed to inappropriate information.
- To report any issues, or if you suspect misuse of the Encore platform, please promptly report to us with any relevant information at service@encoreday.com.
10. Advertisements on the Website
The ownership and operation of all pages and advertising space provided on the Platform, including but not limited to banners, bounce ads or other forms of advertising and messages appearing at the top of the pages and in any other location or manner deemed appropriate by Encore, shall remain the property of Encore and, except as otherwise agreed in advance by Encore, neither the User nor any third party shall in any way, unless otherwise agreed in advance by Encore, neither the User nor any third party may sell, operate, or provide such online advertising or similar business to third parties, either on their own or in the name of third parties. This does not apply to a Users’s own personal blog page space. All advertising information appearing on the Website is the sole responsibility of the individual advertiser or sponsor and is not the responsibility of Encore.
11. User Behavior
You must comply with the relevant laws and regulations, and you agree not to engage in any of the following acts:
(1) Publish, transmit, send or store any file or material that is defamatory, fraudulent, injurious, obscene, pornographic, gambling, abusive, untrue or otherwise in violation of the laws of the Taiwan (R.O.C.) or any other country.
(2) Publish, transmit, send or store any information that violates the intellectual property rights or other rights of others.
(3) Extracting or using all or part of the contents of any database in the member services without consent.
(4) Publish, transmit, send, store viruses, or any other programs or messages that damage or interfere with computer systems or data.
(5) Damage or interfere with the system operation of the Member Services or violate general network etiquette.
(6) Unauthorized access to the member service system or fraudulent use of another person’s account or falsification of another person’s identifiable information.
(7) Any act of stealing member accounts, passwords or access rights of member services.
(8) Any behavior that hinders or interferes with other users’ use of member services.
(9) Other acts that do not meet the purpose of use provided by the Member Services.
(10) Damage and interfere with the information, activities or functions provided by the Services, or in any way intrude into, attempt to intrude into, damage any system of the Services, or use the Services for any infringement or destructive act.
(11) Engage in illegal trading activities or publish criminal messages or trading activities.
The copyright or other related intellectual property rights of all kinds of texts, images, pictures and other writings or materials in the Services still belong to the legal right holder, who shall authorize the User to use them in accordance with the conditions and scope of the license set at the time, but only for your personal use on the Website. You may not reproduce, publicly dictate, publicly broadcast, publicly screen, publicly perform, publicly transmit, adapt, distribute, publish, publicly release, sell, transfer, lease, lend, sub-license, include in a book, or use in any other manner, or upload to any other website, or otherwise make it available to others.
Encore has not reviewed the content transmitted, posted or published by Users in any form or substance. If any text, image, picture or other work or material is in dispute as to its ownership or other legality, Encore reserves the right at any time and without notice to cease providing the Services, or to delete such text, image, picture or other work or material, or to notify the User to cease using the Services.
If you believe that the content of any page on the Platform or the use of the Website by another member has infringed upon your copyright, please contact Encore Customer Service at: service@encoredays.com, after which Encore will deal with the issue at its earliest possibility.
If you find any pornographic, violent, bullying or defamatory speech or images, report such incidents to Encore Customer Service at: service@encoredays.com. Encore will delete any content confirmed as pornographic, violent, bullying or defamatory in nature immediately. Accounts found to be disseminating such content may be shut down and your account access cut off without notice.
12. Liability Restrictions
Encore does not guarantee or warrant in any form or content the specific requirements or needs of Users, including, but not limited to, speed, security, reliability, completeness, accuracy, and freedom from interruptions and errors.
Encore will use its best efforts to ensure the security of your data, but cannot guarantee that any files or data transmitted will be reliable and error-free, or that the files or data stored will be secure, reliable, complete, accurate, and free of interruptions and errors.
Information, data, text, software, music, audio, photographs, graphics, video, messages or other materials uploaded, publicly transmitted, publicly published or privately transmitted by you and other members of the Service (“User Content”) are the sole responsibility of the provider of the User Content. The Service has no control over the User Content posted through the Service and therefore does not guarantee its accuracy, completeness or quality. You understand that by using the Service, you may be exposed to User Content that is unpleasant or objectionable. In no event will Encore be liable for any User Content, including, without limitation, any errors or omissions, and for any loss or damage of any kind incurred as a result of posting, emailing, or transmitting through the Service.
13. Service Suspension or Interruption
You agree that Encore shall not be liable for any damages resulting from any suspension or discontinuance of the Service due to “routine” maintenance, modification or change in the Service or functionality, and that Encore will notify the User of such suspension or discontinuance by email, announcement or other appropriate means prior to such suspension or discontinuance.
Encore will suspend or discontinue the Service, in whole or in part, without liability for any direct or indirect damages to the user if:
(1) the relocation, replacement, upgrade, maintenance or repair of software and hardware equipment related to the Service
(2) Any violation of government regulations or the Terms of Service by the user
(3) any suspension or interruption of service due to natural disaster or other force majeure
(4) any cessation or interruption of service due to any cause not attributable to Encore
If the Service is discontinued due to any cause attributable to Encore, Encore will compensate the Paid Member for the number of days of use due to the circumstances.
14. Termination of Service
Due to the operation of the Company, the Services may be discontinued in whole or in part, and users may not seek any compensation or reimbursement for such discontinuance.
If you violate these Terms of Service, Encore reserves the right to suspend or terminate the Services at any time, without compensation or reimbursement.
You agree that Encore may at any time and without notice remove, delete, or discontinue the provision of the Service without liability for damages if any file or information posted, transmitted, sent, or stored by you on the Services violates any law, violates these Terms of Service, or infringes the rights of any third party. If Encore suffers any damages as a result, you shall be liable to Encore for such damages.
The Service will automatically detect the unused member account, if it is not used for more than 365 consecutive days, the system will automatically delete all your files, information and usage settings in the account and will not backup them, and suspend your account. The above records are based on the records kept in the member service system of Encore website.
15. Right to Modify these Terms of Service
Encore reserves the right to modify these Terms of Service at any time. The modified Terms of Service for Encore Users will be posted on the Platform’s Services website, and you agree to read them on your own initiative without separate notice to the user from Encore.
The invalidity, in whole or in part, of any of the terms of service set forth in this Agreement shall not affect the validity of any other valid terms.
16. Governing Law and Jurisdiction
The interpretation, supplement and application of these Terms of Service shall be governed by the laws of the Republic of China in Taiwan.
The Taipei District Court of Taiwan shall be the court of first instance for litigation arising out of these Terms of Service.
Updated: August 31, 2022
