Terms of Service
Effective Date: August 30, 2022
Welcome to Redfinger! Please read on to learn the rules and restrictions that govern your use of our Redfinger APP and websites we are making available to you (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected].
Redfinger will provide confirmation mechanisms with respect to the type, quantity, price and other important matters of the Services before you enter into contracts and Redfinger shall perform the contracts after the contracts are concluded. The name, price, content, specification, model and other related information of the Services displayed at the transaction page are considered as part of the binding contract. When necessary, Redfinger may set a limit on the quantity of the specific Services you order each time. When you place an order beyond the quantity limit set by Redfinger, Redfinger will only deliver the Services according to the quantity limit. Redfinger shall provide the method of delivery of the Services for your consideration and deliver the Services via the method you choose. Since the Services are digital contents provided in a non-tangible medium, you hereby specifically waive the statutory right to rescind the contract without cause under the applicable laws, including but not limited to Article 19 of the Consumer Protection Act of Taiwan. In the event of doubt, the Terms shall be interpreted in favor of the consumer.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
What are the basics of using Redfinger?
You may be required to download and install certain software to your mobile device or computer, and sign up for an account, and select a password and user name (“Redfinger User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Redfinger User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. When Redfinger becomes aware that your account or password has been used fraudulently, Redfinger will immediately suspend the processing of the transactions generated by the account and subsequent use of the account.
Your use of the Services is subject to the following additional restrictions:
- You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Redfinger);
- Violates any law or regulation, including any applicable export control and data privacy laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive, graphically violent, pornographic, or otherwise objectionable;
- Jeopardizes the security of your Redfinger account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes, or attempt to post or transmit any information that constitutes a virus, bug, malicious code, or other harmful item;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. Redfinger has a zero-tolerance policy against child pornography and will terminate any account and make reports to the appropriate law enforcement authorities about any user who publishes or distributes child pornography.
What are my rights in Redfinger?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, audio media, videos, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Redfinger’) rights.
You understand that Redfinger owns the Services. As between you and Redfinger, (or other company whose marks appear on or via the Services), Redfinger (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Services, and is the copyright owner or licensee of the content and/or information on the Services, unless otherwise indicated. Except as otherwise provided herein, use of the Services (including any software) does not grant you a license to any content, features or materials you may access on the Services and you may not modify, rent, lease, loan, sell, distribute, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), or create derivative works of such content, features or materials, in whole or in part, or otherwise exploit any of the Services. Any commercial use of Services (including any software) is strictly prohibited, except as allowed herein or otherwise approved by us. Nothing on any Services should be construed to grant any license or right to use any Redfinger marks or logos without our prior written consent.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant consent to Redfinger to communicate with me?
Do I have to grant any licenses to Redfinger or to other users?
For your User Submissions, or if you provide us (in a direct [email protected] or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, you hereby grant Redfinger a license to use, display, reproduce, distribute and otherwise exploit and act with respect to such User Submissions, in each case to make that User Submission accessible to all Redfinger users and to enable us to operate the Services, as well as all other rights necessary to use and exercise all rights in that User Submission in connection with the Services and our business. Also, you grant all other users of the Services a license to access your User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. This is a license only – your ownership in User Submissions is not affected.
Finally, you understand and agree that Redfinger, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Redfinger, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Who is responsible for what I see and do on the Services?
Redfinger shall ensure that the computer systems used to operate the Services comply with standards with reasonably expected safety requirements. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Third Party Services
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Redfinger shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, unless the dispute is attributable to Redfinger, you agree that Redfinger is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Redfinger, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will Redfinger ever change the Services?
Does Redfinger cost anything?
We reserve the right to require payment of fees for certain or all Services. To the extent that certain of our Services may be subject to payments now or in the future (the “Paid Services”), the following terms apply:
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Redfinger account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If the Payment Method provided by Redfinger results in a micro-credit loan or other debtor-creditor relationship, Redfinger will proactively inform you and explain the following information: the entities of creditor and debtor, the interest calculation method, and whether there is any credit insurance or a guarantor involved.
If the Payment Processor identifies or we otherwise believe that your transaction may pose an unacceptable level of risk, that you have breached these Terms, or that your account has been compromised, we may take various actions to avoid liability and reduce potential fraud and disputes. The actions we may take (and we expressly reserve the right to take) include, but are not limited to, suspending or limiting your ability to purchase any Paid Services, refusing or rejecting your transaction, or blocking you from accessing or using some or part of the Services to the fullest extent allowed by applicable law, (especially for users with a record of fraudulent transactions, requesting refunds on multiple occasions without valid reasons, having caused chargebacks, or otherwise posing high risks). If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date) through your Redfinger account, and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made through your Redfinger account. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your billing account unless you have terminated your Paid Services by means of sending us an email at [email protected].
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to use the Paid Service.
What if I want to stop using Redfinger?
Redfinger is also free to terminate (or suspend access to) your use of the Services or your account, for any legitimate reasons, including your breach of these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
What else do I need to know?
Warranty Disclaimer. Neither Redfinger nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Redfinger or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY REDFINGER (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL REDFINGER (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO REDFINGER IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Redfinger, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
- Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Redfinger’ prior written consent.
- Term and Termination. Unless otherwise provided in a written agreement between you and Redfinger, any licenses granted by Redfinger to you in connection with your use of the Services is effective until terminated. Your rights under the license will terminate automatically with notice from Redfinger if you fail to comply with any of these terms. Upon the termination, you shall cease all use of the Services (including any software) and destroy all copies, full or partial, of the software. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, any obligation you have to pay us or indemnify us, any terms regarding ownership or intellectual property and proprietary rights, warranty disclaimers, any limitations on our liability, and terms regarding disputes between us.
- Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Redfinger may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit and allowable under applicable laws. The failure of Redfinger to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Unless otherwise indicated in the applicable laws, any claim or cause of action you may have with respect to Redfinger or any Services must be commenced within one (1) year after the claim or cause of action arose. You and Redfinger agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Redfinger, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Redfinger, and you do not have any authority of any kind to bind Redfinger in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Redfinger agree there are no third party beneficiaries intended under these Terms. Any dispute arising out of the interpretation and implementation of this Terms shall be resolved by you and Redfinger through amicable negotiation. If a dispute cannot be resolved amicably in the above manner, such dispute shall be referred to the Hong Kong International Arbitration Center for arbitration in Hong Kong, China. The arbitral award shall be binding on each party. The governing law of the arbitration clause shall generally govern the existence, scope, effectiveness, interpretation, performance, breach, termination and enforceability of the arbitration clause, which shall not supersede the governing law of the Terms.
To contact us with any questions or concerns in connection with these Terms or to provide notice to us under these Terms please contact us at [email protected].