KOL Radar Terms of Service (hereinafter the “Agreement”) is the mutual agreement among KOL Radar (hereinafter the “KOL Radar”, “Service”, “Company” or “us”), general users which means users that have not registered as our member (hereinafter “User”, “General User” or “you” ), and our registered member (hereinafter “Member” or “you”). KOL Radar is a product/service owned by IKALA INTERACTIVE MEDIA INC, and all Members and Users are KOL Radar’s honorable guests. When you make access or visit the KOL Radar website or any KOL Radar product, software or resources, and all other services provided to you through KOL Radar, you are deemed to understood and agreed to all the terms in this Agreement and accept to be restrained by this Agreement.
You should check for any update of this Agreement periodically. KOL Radar may modify or correct this Agreement and its associated policy on its own discretion at any time. And you agree to such modification or correction as you continue to use our Service.
If you are under 7 years old, you should let your legal guardian register this Service for you, and your legal guardian should accompany you to use this Service at all times. If you are beyond 7 years old but under 20 years old, before using our Service, your legal guardian should read, understood, and agreed to this Agreement and its modification. And you should obtain the consent to use and register to our Service from your legal guardian. If you have started using our Service, it is deemed that you have obtained your legal guardian’s consent of your use of the Service and will be accompanying you during your use of this Service.
If you disagree with any part of this Agreement, kindly stop using our Service.
KOL Radar is a service platform providing online KOL recommendation and intermediary service to Members, and this platform provides including but not limited to all products provide from the KOL Radar’s website, software and Services, KOL Radar website, KOL Radar application (APP) for mobile devices and other application. After free registration or paid registration, Members could KOL’s information, recommendations, and KOL intermediary service. As for General Users, the Service we provide is limited to KOL information search.
You should guarantee that all the Member registration information provided by you are correct, updated, and complete, and you must not register as a Member in the name of a third person.
When you apply for the Member registration of this Service, you should fill in the correct and detailed personal information. If you have filled in the membership information and registered as a Member, please also update the outdated or changed personal information at any time. If you do not provide the membership information on time, update membership information, fail to provide membership information in a specified manner, or the provided membership information is incorrect or inconsistent with the facts, the Company reserves the right to suspend or terminate your Member's account without prior notice and reject you from using all or part of the features of this service. The account and password you obtained after your registration as a Member is for your own use only. The Member account cannot be transferred, sold, donated, or inherited.
When you decide not to use your Member account, you should apply for the cancelation of the account to our Company.
You must not disclose or provide your member account or password to any third party for login or use, whether in a paid or unpaid manner. Any transaction or activity that occurs through your account will be regarded as your behavior, and you shall be solely responsible for all derivative responsibilities hereof.
Unregistered General Users are also responsible for all actions in KOL Radar.
You agree and understand that if you need KOL Radar’s assistance in handling customer service, KOL Radar will need to verify your personal information. If we find that the information you fill in during your registration does not match your actual situation, you understand that KOL Radar may not be able to provide such customer service to you, and we are not liable for any damages hereof.
If you do not keep your account and password and thus cause any damage to you, KOL Radar, or a third party, you will be solely responsible.
If you found or suspect that your Member account and password have been misappropriated by others, please notify our customer service staff immediately ([email protected]).
After you complete the registration process at KOL Radar and complete the settings by our company, you will become qualified as a Member of our company and can start using the Member functions of our Service. General Users can use the limited contents of this service as a "guest".
If you have not logged in to use our Service for 180 consecutive days, you agree and understand that the Company has the right to suspend your use of all free Services and the right to clear all your data stored in this service. Regarding the record of your log-in and use of this Service, the records kept in our Company's system shall prevail.
The Company has the right to add, change, or cancel all or part of this Service system or functions. You understand and agree that the related cancelation or changes Service contents will be announced on our Service interface, we do not need to notify you separately.
If the Company sets other usage rules or terms for individual activities, you should also abide by the usage rules or terms of each activity; if the usage rules or terms of each activity conflict with this Agreement, the Company reserves the right to the final interpretation applicable rules.
You understand and agree that if the Service requires or contains downloadable software, the software may be automatically updated on your device when providing new versions or new features, however, you can adjust the setting of automatically update to software according to the device you use.
You agree that KOL Radar may send announcements or commercial messages of this Service to your email, computer, or mobile device.
You understand and agree that if you want to use the Company's paid Services, you must pay to the Company or a third-party company that cooperates with the Company. When you purchase a paid service, you agree to abide by other payment-related regulations announced by the Company (https://www.kolradar.com/pricing).
The Company has the right to an independent decision on the billing standards of paid services. The billing standards will become effective after the announcement of the Company. You should follow the standards accordingly.
The Company reserves the right to add or change the service fees of the company, but if the increase of service fees will affect the existing rights of the Members, it should be announced a one-month notice to your email.
You understand and agree that the contents you posted or uploaded on KOL Radar is available to everyone. Any internet user access to the contents you posted or uploaded by manners of reprinted or shared by a third party, use search technology.
You understand and agree that the posted or uploaded contents will also be publicly displayed on KOL Radar's relevant system network, including but not limited to KOL Radar's search service or marketing activities organized by the KOL Radar platform.
Under normal circumstances, the contents you upload on KOL Radar will be retained for 10 days. Except with the approval of KOL Radar or be provided with the qualification of the Company's special partners/manufacturers/paid members the retention period of the posted or uploaded contents may be extended, KOL Radar has the right to directly delete the contents you uploaded after 10 days without prior notice.
You shall be solely responsible for and indemnify the sounds, images, videos, texts, software, scripts, graphics, photos, music, audio-visual combinations, interactive functions, and other materials you posted or uploaded through our Service (hereinafter referred to as "contents") do not infringe any third party’s copyrights, patents, trademarks, trade secrets or other exclusive rights (collectively referred to as "intellectual property rights"). The Company is not responsible for the contents you post or upload to this service platform.
If our Company suffers a third party's claim of infringing its rights because of the contents you posted or uploaded to our service platform, besides the immediate removal of the aforementioned contents, if this causes damage to the Company, you should behold liable for the damages causing to us (including but not limited to litigation costs and lawyer fees, etc.).
KOL Radar does not express any or any other opinions or suggestions on the contents submitted to this service by any Member or General User. The company does not have initial control and editing rights for the contents submitted by Members or General Users to this Service. The Company has the right to delete the submitted content when one submits to the Company that the contents involve the possibility of illegality. When the above-mentioned situation occurs, the Company may execute the sanction for temporary or permanent suspension of the use of this Service to the content submitter (Members or General Users).
For the contents you posted of uploaded to KOL Radar, either through general usage or subscription of charged Service, KOL Radar does not claim to be the owner of it all. When you posted, uploaded, inputted, submitted or provided any content to us, you permanently and irrevocably granted us and all affiliated companies of us a globally, royalty-free, non-exclusive, negotiable right to utilize the foregoing contents for the purposed of marketing, and a global, royalty-free, non-exclusive, sublicensable rights to use uploaded content on all other KOL Radar services according to this Agreement. The aforesaid other Service including but not limited to KOL Radar web services and mobile device APP services, distribution on marketing platforms, or any format of media provided via all kinds of the media channels.
The abovementioned rights including, but not limited to the reproduction, distribution, public transmission, public performance, compilation, translation, public display, and the indication of your name.
Once you provided your videos, images, text, and audio to the KOL Radar, you also granted users other than us the following rights to use your videos, images, text, and audio:
If others infringed your moral rights, utilize your personal rights beyond the scope of your authorization, or infringe any other right of yours, you understand and agree that the dispute should be resolved by you and the infringing party.
When you downloaded and used the mobile device APP of this Service, you agree for us to access the camera lens, microphone, and storage space of your mobile device for the use of capturing live video, sound, and the viewing of videos and other related functions.
Regarding the content you provide to KOL Radar and all the content you broadcast or publish on this platform, you agree and commit not to do the following conducts:
If you violate the provisions of the preceding paragraph, if necessary, you agree that the Company may terminate the provision of this service without prior notice to you, and suspend, close or delete all relevant information and files in the Member account.
Members and General Users shall not directly or indirectly use the Services to engage in the following acts:
Do not use our services directly or indirectly for any violation of the law.
Your opinions, suggestions and all other messages posted on this Service represent only the personal views of you and are not related to our Company.
You agree that if any rights or damages to your rights are caused by the actions of other Members or Users, you will not exercise or claim any rights or compensation to the Company.
The Company has the right to delete any message or contents posted on this Service that violates the rules or even stops providing all Services to you in accordance with its unilateral decision.
When you are using our Service, please make sure that the computers, mobile devices or other hardware, and your internet environment, etc. meet the necessary requirements for our Service to function normally.
We currently provide free website and mobile device APP Services, but you are responsible for the rates and fees of telecommunications or network providers, such as SMS and data transmission fees.
When Members and General Users violate this Agreement or other terms of our Service, the company may, depending on the severity of the circumstances, either temporarily or permanently suspend the power, or other appropriate sanction. Unless otherwise specified, the Company may take permanent suspension to your membership for the following situations:
You understand that KOL Radar must provide Services through the internet, which has a certain degree of risk instability and security. You agree to bear the risks arising from the use of this Service through the internet.
You understand that due to different computer software and hardware environments, the various information and computer programs provided by our Company may conflict with your personal device or other equipment when using our Services that will cause system instability.
The information posted or provided by Members or other General Users through KOL Radar may contain viruses or other malicious programs.
Our Service may also be unavailable due to power outages or any network connection caused by factors, or due to network connection out of our control.
You agree to bear all the aforementioned risks in this Section on your own, and concerning all damages arising from the aforementioned reason, our Company bears no liability.
Our service may be interrupted or malfunctioned without warning, and cause you unable to use the Service, data loss, error, or other economic losses. You agree that except under the circumstances of such damage is caused by the Company's intentional or gross negligence, the Company shall not be held any responsibility.
The Company may suspend related Services upon prior or post-announcement in the following situations:
The Company shall not be liable to any Members and General Users for the foregoing situation.
You agree that the Company's services may be changed in accordance with the Company's unilateral decision to change all or part of the Service contents. If the significant interests of the Members are involved, the Company shall announce or notify via the email or mobile record in the Member's information before one month of such change of Service. If you do not agree to the Service change, you should stop using the Company's related Services after the announcement or notification.
You understand and agree that KOL Radar could interrupt all or part of the Service at any time according to the actual situation of its operation and does not hold responsibility to any individual or third party hereof.
You agree that the Company may decide on its own discretion for any reason, including but not limited to unused the Service for a certain period, court or government agency orders, the Service could not be continued, the content of the Service is substantially changed, unexpected technical or security factors or problems, fraud or illegal behavior committed by you, failure to pay fees, or other matters that the company believes that the Member has violated the express provisions and spirit of this Agreement, the Company may terminate or restrict the use of the account (or any part of it) or the use of the Service by the Member, and remove or delete the relevant Member contents in the Service. The same applies to Members who purchased paid Services.
When we terminate all or part of the services of the Company, if it involves the Service that the Member has prepaid, we will notify the Member for one month notice and announce the obvious place of the Service. If the termination of all or part of the Company causes the Member's prepayment cannot be used. The Company will publish a refund policy according to law to protect the rights and interests of the Members.
Respecting your personal privacy is KOL Radar's basic policy. Therefore, KOL Radar will not disclose, edit or disclose your information without your legal authorization, unless it is required by legal permission or based on good faith that such disclosure of your information is necessary, including but not limited to the following situations:
The intellectual property of the videos, texts, sounds, graphics, computer programs, trademarks, etc. provided by this Service shall belong to the Company or its licensors, and any use that is not legally authorized by the Company is an infringement to such intellectual property rights.
Anyone (including Members or General Users of the Service) could only use these contents of the above-mentioned contents under the authorization of KOL Radar or the owner, and may not use, modify, remake, publicly broadcast, adapt, distribute, issue, publish, perform reverse engineering, decompilation or reverse assembly translation, or create derivative products related to the contents.
The Services and software provided by the Company are only for your use of the services. Members and General Users may only use the Service software provided by the Company within the scope of authorization for the purpose of using our Service and should respect the intellectual property rights at the same time. If there is a violation to this section, the violator should be responsible for KOL Radar’s damage (including but not limited to litigation costs and lawyer fees, etc.), and the company may also suspend your account or other sanctions.
You clearly understand that we do not provide any express or implied warranty for the Services provided by the Company, except as otherwise provided in this Agreement or other terms. The scope of the foregoing non-guarantee includes but is not limited to commercial suitability, the applicability of specific purposes, and does not infringe on the rights of others.
The company specifically stated that it does not provide any indemnification for the following matters:
You agree that we are not responsible for any liability that is not caused by the Company’s intentional or gross negligence; if the Company is held legally responsible subject to the laws, you agree the limitation of the Company’s liability amount shall be the total amount of fees you paid to the Company for using the Service of the present year.
You understand and agree that all the links provided by this Service may be linked to the websites of other individuals, companies or organizations. The purpose of providing such links is only to facilitate Members and General Users to collect or obtain information on their own. The authenticity, completeness, timeliness or credibility of products, services or information provided on such websites of the linked individuals, companies or organizations are neither guaranteed by our Company; nor do these individuals, companies or organizations have any employment, appointment, agency, partnership or other similar relationship with our Company.
All advertising contents or related information published on our Service is provided by each advertiser and his client. Members and General Users shall determine the authenticity and credibility of the advertising contents by themselves. KOL Radar only accepts engagement for publication of an advertisement, while it does not hold responsibility for the aforementioned advertisements. Advertisements published in our Company's Services do not represent the company's responsibility for any guarantee or prior review of such advertisements.
For the quality, accuracy, and completeness of this Service, we will use commercially reasonable efforts to provide you with the most complete experience as possible, but if there are errors or omissions, the Company, and its management, directors, employees, and agents will not bear any liability for compensation.
To the maximum extent permitted by the laws, KOL Radar hereby disclaims all guarantees, conditions, terms, and statements regarding the accuracy or completeness of the contents of our Service or the websites linked to it, and does not assume the following responsibilities:
KOL Radar has the right to amend this Agreement, and once the provisions in this Agreement are amended, they will be published on the important pages of our Service. Such an amendment shall take effect once being published. KOL Radar reserves the right to amend this agreement without notifying Members. KOL Radar shall not be responsible to Members or any third parties for the amendment of this Agreement.
If you disagree to the amendment of this Agreement, or is dissatisfied with KOL Radar's services, you may exercise the following rights:
The Section headings contained herein are included solely for convenience and are not intended to be full or accurate descriptions of the content thereof and shall not be considered part of this Agreement or to affect the interpretation hereof.
When a part of the provision stipulated in this Agreement is recognized invalid by the judicial authority, such invalidation will not affect the efficacy of other provisions, and before the invalid provision is amended by our Company, the circumstance originally regulated by such invalid provision should be governed by the laws of Republic of China (Taiwan).
This Agreement shall be governed by the laws of the Republic of China (Taiwan), without regard to principles of conflicts of law, and all Members agree that all action arising out of or relating to this Agreement must be commenced in the Taiwan Taipei District Court for the first instance.
Last updated on June 22, 2020.