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Lit app Terms of Service and Privacy Policy

Terms of Service

These terms of use are effective on January 1st, 2018, and the latest update is February 6th, 2018. Please note that these terms of use may be amended from time to time by Lit’s sole discretion as Lit thinks fit.

By accessing or using our website, services available at Lit Website, and/or any related applications (including but not limited to mobile applications; collectively, “Lit Service”) which owned and operated by Lit, you explicitly agree to be bound by all the following terms of use (the “Terms of Use”). The Terms of Use govern our relationship with users and others who interact with Lit. By accessing or using Lit Service, you agree to the following Terms of Use. Users of Lit Service (the “Lit Users”) who do not agree to be bound by any and all Terms of Use shall not access or use Lit Service.

  1. Registration and Account Security

    1. You must reach the legally required age capable to use services with a nature of Lit Service and capable to agree to the Terms of Use in compliance with the laws applicable to you. Such age may be at least 13 years old in certain jurisdictions.
    2. Without permission and proper authorization from the duly authorized person, you may not create any account for anyone other than for yourself.
    3. You may not create any Lit account by unauthorized means, including but not limited to, by using an automated device, harvesting bots, robots, spiders, scrapers or other means with a similar nature.
    4. Any and all information you provide to Lit upon registration and at all other times shall be true and accurate, and you agree to update such information as necessary to maintain its truth and accuracy.
    5. We reserve the right to force forfeiture of any username and/or account with cause or without cause.
    6. Without Lit’s permission, you may not sell, transfer, license or assign your Lit account or any account rights to others.
    7. You may not post private or confidential information via Lit Service, including but not limited to your or any other person’s credit card information, bank account information, national identity numbers, passport numbers, social security numbers, driver license numbers, non-public phone numbers or email addresses.
    8. You may not share your password or other login credentials with others, or do anything which might jeopardize the security of your Lit account.
    9. You may not solicit login information or access an account belonging to other Lit Users or do anything which might jeopardize the security of others’ Lit account.
    10. If you are using Lit Service on behalf of a legal entity, you represent and warrant that you are duly authorized to enter into an agreement on behalf of that legal entity and your authorization remains valid and effective all the time.
    11. You agree to have your personal data transferred to and processed in Taiwan and/or any other places where Lit may have self-owned and/or outsourced data process centers as determined by Lit from time to time in its sole discretion.
  2. Use of Lit Service

    1. You may not post, distribute, transmit, broadcast, publicly display or by any other means to show private, privileged, proprietary, offensive, threatening, violent, violence inciting, nude, discriminating, unlawful, hateful, harassing, obscene pornographic or sexually suggestive data, text, files, information, usernames, images, graphics, pictures, icons, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links or any other content via Lit Service.
    2. You may not defame, bully, abuse, harass, threaten, or impersonate or intimidate Lit and/or other Lit Users via Lit Service.
    3. You may not use Lit Service for any illegal or immoral purpose. You shall be in compliance with all applicable laws and regulations when using Lit Service.
    4. You may not create or submit unauthorized commercial or harassing communications (i.e. spam) to any Lit Users.
    5. You may not transmit any worm, virus, spyware, malware, or other malicious code, or by any other means to interfere, disable, overburden, or impair the proper working, security, privacy or appearance of Lit Service.
    6. You may not change, modify or alter the functionality, entirety and/or appearance of Lit Service or create derivative works of, decompile, or otherwise attempt to extract our source code or other intellectual properties.
    7. You may not create, change, modify or alter another website or mobile applications so as to falsely imply that it is associated with Lit Service or Lit.
    8. You may not restrict or attempt to restrict other Lit Users from using Lit Service or interfere or attempt to interfere with other Lit Users using experience in any way.
    9. You may not facilitate or encourage any violations by anyone of these Terms of Use and/or any other terms issued by Lit.
    10. We may, but are not obligated to, prescreen and/or monitor your Lit account and the associated activities and/or content posted by you on or via Lit Service (“Your Content”). In the event that we determine, in our sole discretion, Your Content violates any of these Terms of Use, you agree that we have the absolute right to remove, delete, cancel, edit, change, amend and/or block your Lit account and/or Your Content, in whole or in part, in any way, with or without prior notice.
    11. You are solely responsible for Your Content and/or your interaction with other Lit Users, whether online or offline. You agree that Lit is not responsible or liable for the conduct of any Lit Users; provided, however, we reserve the right to become involved in disputes between you and other Lit Users when we think fit in our sole discretion.
  3. Rights to The Content and License Grant

    1. We do not claim ownership of Your Content; provided, however, you agree to grant to Lit a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, non-revocable, worldwide license to use Your Content, subject to the Service's Privacy Policy, available at: Such license ends when you delete Your Content or deactivate your Lit account, unless Your Content has been shared with other Lit Users. You acknowledge that Your Content may be stored at data process centers for a reasonable time even after your deletion of Your Content or deactivation of your account.
    2. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the rights and licenses set forth in these Terms of Use (including the rights to sub-license); (ii) the posting and use of Your Content on or via Lit Service does not infringe any third party’s rights, including but not limited to privacy rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties and fees owed by reason of and/or in relation to Your Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and laws of any other jurisdiction that may be applicable to you.
    3. We reserve the right to remove, delete, cancel, edit, change, amend and/or block Your Content from Lit Service, in whole or in part, for any reason, without prior notice to you. Therefore, you agree that you will not rely on Lit Service for the purposes of Your Content’s backup or storage. We strongly encourage you to maintain your own backup of Your Content if deemed necessary.
    4. When you delete Your Content and/or deactivate your account, you understand such removed content may persist in backup copies for a reasonable period of time (but the same will not be available to others).
    5. There will be occasions where Lit Service is interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or any other reason. In such cases, we will not be liable to you for any modification, suspension, failure, unavailability or discontinuation of Lit Services, or the loss of Your Content, or the loss and/or damage of any kind.
    6. Except as otherwise described in our Privacy Policy, available at: any and all of Your Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Your Content. You acknowledge and agree that your relationship with Lit is not a confidential or fiduciary one. None of Your Content will be subject to any obligation of confidence on the part of Lit, and therefore Lit will not be liable for any use or disclosure of Your Content by Lit or any other users.
    7. Some of Lit Service is supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions within Lit Service or in conjunction with Your Content, which may result in editing, changing and/or amending Your Content. You also agree that we are not obligated to notify you the editions, changes and/or amendments made to Your Content, or any changes made to the manner, mode and extent of such advertising and promotions.
    8. You acknowledge that we may not always identify paid services, sponsored contents, or commercial communications as such used in or in conjunction with Lit Service.
    9. Lit Service contains contents owned or licensed by Lit (“Lit Content”). We own and retain all rights to Lit Content, including but not limited to copyright, work of authorship, creation, invention, trademark, trade name, trade dress, patent, trade secret, know-how, source code, and any other right under applicable laws and regulations. You will not remove, alter or conceal any copyright, trademark, service mark , patent, patent application or other proprietary rights notices incorporated in or accompanying Lit Content and you will not reproduce, modify, adapt, and/or prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit or use Lit Content.
    10. We own the name, logo, trade name and trademark of Lit, and therefore, without our prior written permission, you may not copy, imitate or use, in whole or in part, the name, logo, trade name and trademark of Lit.
  4. Third Party Service

      There may be hyperlinks to third-party websites, applications or features within Lit Service. Functionality of Lit Service may also permit interactions between Lit Service and a third-party website, application or feature, including applications connecting Lit Service or your profile on Lit Service with a third-party website, application or feature. You may choose, at your own risk, to use applications that connect Lit Service or your profile on Lit Service with a third-party service, which is out of the scope of Lit Service and not in our control, and such applications may interact with, connect to or gather and/or pull information (including but not limited to information of contacts) from and to your Lit Service profile. Your interactions with third-party websites, applications or features via Lit Service are solely between you and such third party. You acknowledge Lit does not control, maintain or endorse such third-party services , any of their content, and/or their interactions with you and therefore you expressly agree that Lit is in no way responsible or liable for any such third-party services, applications or features.

  5. Warranties and Disclaimer

    1. WE ARE PROVIDING Lit SERVICE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Lit SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Lit SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Lit SERVICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLETIVELY, THE “Lit PARTIES”)FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR Lit, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE OR Lit WILL NOT EXCEED THE GREATER OF USD100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
    2. WE DO NOT ENDORSE THE CONTENT POSTED BY Lit USERS AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
  6. Indemnification

    1. You, along with any third party for whom you operate an account or activity on Lit Service, agree to indemnify and hold the Lit Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to, reasonable attorney fees, legal fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct or indirect activities on Lit Service or those conducted on your behalf): (a) Your Content or your access to or use of Lit Service; (b) your breach or alleged breach of these Terms of Use; (c) your violation of any third-party right, including but not limited to any intellectual property right, publicity, confidentiality, property, goodwill, portrait, name, or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (e) any misrepresentation and/or misconduct made by you. You will cooperate as reasonably required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any claim without our prior written consent.
    2. Our failure to enforce strict performance of any provision of these Terms of Use or any part of them will not be construed as a waiver of any provision or right or any other part of them. No waiver of any of these Terms will be deemed a future or continuing waiver of such term or condition or any other terms or conditions.
  7. Amendments and Modification

    1. We reserve the right, in our sole discretion, to amend these Terms of Use (the “Amended Terms”) from time to time in our sole discretion as we think fit. We will provide reasonable advance notice before the Amended Terms become effective. You agree that we may notify you of the Amended Terms by posting them on Lit Service or Lit Website and you are obligated to check and review the Amended Terms at all time. Your continued use of Lit Service, following our notice of changes and/or amendments to these Terms of Use, shall constitute your acceptance of our Amended Terms. If you do not agree to the Amended Terms, you shall immediately cease all your use of Lit Services and shall deactivate your account and not access or use Lit Service any further.
    2. We may apply additional Terms of Use to special feature of Lit Service from time to time in our sole discretion as we think fit. In such cases, the additional Terms of Use to special feature shall prevail in the event that any conflict exists with these Terms of Use.
  8. Termination and Effect of Termination

    1. Violation of any of these Terms of Use may result in deactivation of your Lit account.
    2. We reserve the right to terminate Lit Service or your access to Lit Service for any or no reason, with or without prior notice, at any time, and without liability to you. If we terminate your access to Lit Service or deactivate your Lit account, you fully understand and agree that all your data and your Lit points/royalty sharing will no longer be accessible by you through your Lit account.
    3. If we deactivate your Lit account, you may not create another account without our prior written permission.
    4. Except for the following provisions, these Terms of Use shall cease to be effective and valid upon the deactivation of your Lit account: Sections 5, 6, 8 and 9 and provisions in respect of the rights, obligations, and licenses over Lit Content and Your Content.
  9. Governing Law, Jurisdiction and Disputes Resolution

    1. These Terms of Use, as well as any claim and/or dispute that might arise or occur between you and Lit, are governed by and construed in accordance with the laws of Taiwan, without giving effect to any principles of conflicts of law of Taiwan.
    2. You agree to resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use exclusively in Taipei District Court (Taiwan), and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims and not to assert any defense or claim based on improper venue or inconvenient forum.
  10. Assignment and Delegation

      Without our prior written permission, you may not assign or delegate these Terms of Use or any rights or obligations hereunder, in whole or in part, to any third party. Any assignment or delegation by you without our prior written permission shall be null and void. We may assign these Terms of Use or any rights or obligations hereunder, in whole or in part, to any third party without your consent.

  11. Entire Agreement

      These Terms of Use constitute the entire agreement between you and Lit and govern your use of Lit Service, and supersede any prior agreements between you and Lit, subject to the amendments thereto set forth in Section 7.

  12. Severability

      To the extent that any provision of these Terms of Use is inconsistent with applicable laws or otherwise unenforceable, to the extent that such provision does not prevent performance of and interfere with the purpose of these Terms of Use or the performance of the other provisions, such inconsistency or unenforceability will not affect the validity of any other provision and these Terms of Use.

  13. Territorial Restrictions

      Information provided within Lit Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to laws and regulations or which would subject Lit to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of Lit Service or any portion of Lit Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the functionalities and/or quantities of any content, program, product, service or other feature that we otherwise provides. You are obligated to deactivate your account and cease using Lit Services if such use is not permitted under laws applicable to your use and/or such use will obligate Lit to any registration.

These Terms of Use were written in Chinese. To the extent any translated version of these Terms of Use conflicts with this Chinese version, this Chinese version shall prevail.

Privacy Policy

Last updated: February 6st, 2018

This Privacy Policy explains how information about you is collected, used by Lit app service when you use our websites, mobile applications and other online products and services (collectively, the "Services") or when you otherwise interact with us. We may change this Privacy Policy from time to time, therefore we encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.

  1. Information You Provide to Us

      We collect information you provide directly to us. For example, we collect information when you create an account, use the Services to send or receive messages, including photos or videos taken via our Services ("Lit”), request customer support or otherwise communicate with us. The types of information we may collect include your username, password, email address, phone number, age, gender and any other information you choose to provide.

  2. Information We Collect Automatically When You Use the Services

      When you access or use our Services, we automatically collect information about you, including:

    1. Log Information: We log information about your use of our Service, including your browser type and language, access times, your IP address and so on.
    2. Device Information: We may collect information about the computer or device you use to access our Services, including the device type, operating system and version, unique device identifier, phone number and mobile network information. In addition, the Services may access your device's native phonebook and image storage applications, with your consent, to facilitate your use of certain features of the Services.
    3. Location Information: With your consent, we may collect information about the location of your device to facilitate your use of certain features of our Services.
    4. Tracking Technologies: We use various technologies to collect information that help us to improve our Services and your experience.
  3. Use of Information

      We may use information about you for various purposes, including to:

    1. Provide, maintain and improve our Services, including to provide additional features and content;
    2. Provide and deliver the products and services you request, process transactions and send you related information;
    3. Respond to your comments, questions and requests and provide customer service;
    4. Send you technical notices, updates, security alerts and support and administrative messages;
    5. Communicate with you about products, services, offers, promotions, rewards, and events offered by Lit and others, and provide news and information we think will be of interest to you;
    6. Monitor and analyze trends, usage and activities in connection with our Services;
    7. Detect, investigate and/or prevent fraudulent, unauthorized or illegal activity; and
    8. Carry out any other purpose for which the information was collected.
  4. Others

      Account Information:

    1. You may update information about yourself by editing your account settings within our app. If you have any problem, please contact us at support@mith.io.

      Push Notifications/Alerts:

    1. Lit may send push notifications or alerts to your device. You can deactivate these messages at any time by changing the notification settings on your device (iOS) or by changing your settings within our Services (Android).