Terms of Service
Last updated: 2019/11/04
Goodnight Terms of Service Agreement ("this Agreement") is between the general user ("User", "General User", "You" or "Your”) or a registered member (“Member”, “You” or “Your”) and Goodnight ("Goodnight", "This Service", “We”, “Us” and "Company"). Goodnight is a product or service owned by Paktor Pte. Ltd. Your use of or access to the Goodnight Mobile App and Website, or any Goodnight products, software, sources, and all services provided to you through the Goodnight website is deemed to be your knowledge and fully agrees to all agreements of this Agreement, and agree to be bound by it and related laws.
We may update this Agreement at any time, in our sole discretion. It’s important that you review the Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement.
If you do not agree to any part of this Agreement, please stop using the Service.
1. Service Description
- Goodnight provides members with online voice call communications and general user interaction related products or services, including but not limited to all products, software and services available through the Goodnight website, such as the Goodnight Mobile APP. Members can conduct online voice calls and live chat with the program provided by Goodnight through free registration or paid registration. General users can use the services (voice calls and live chat) provided by Goodnight.
- Users of this service should be required with relevant digital hardware devices, network environment and other necessary conditions.
- You can currently download Goodnight for free, but you are responsible for the normal rates and fees of your telecommunications or network provider, such as SMS and data transfer fees.
- Members and general users have limited access to the Service, and we reserve the right to notify Goodnight of the deletion of your audio file in accordance with the instructions of the right holder.
2. Registration and Member Information
When applying for registration as a member of this service, you should fill in the correct and detailed personal information. If you have already filled in your membership information, please feel free to update your outdated or changed profile.
- The member account and password of this service are set by you. After the setting is completed, you are obliged to keep it safe and confidential. The company will authenticate you with the member account and password you set, and you must be responsible for all actions taken through this member account and password. In order to protect your rights, please do not provide your account to others. Unregistered general users are also responsible for all of your actions at Goodnight.
- Provide your own correct, current and complete information in accordance with the instructions of this service registry, maintain and update your personal information to ensure that it is correct, up-to-date and complete. If the information you provided is untrue, Goodnight reserves the right to suspend or terminate your account.
- Goodnight may check your personal information if it is necessary to assist the Customer Service. If the information you registered are not in accordance with your personal information, Goodnight will not be able to provide you with any services.
- Once you sign up as a member, you will have an account and a password of your own. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Goodnight, and you are solely responsible for all activities that occur under those credentials.
- If you think someone has gained access to your account, please contact our customer service staff immediately.
- Goodnight will only use the personal data you provide for the specific purpose of the collection and will not disclose it to any third party non-Goodnight service, except in the following cases:
- Required by the police/ inspection/ judicial/ tax collection agency or other competent authority based on statutory procedures.
- Use for other purposes with your written consent.
- Situations that comply with relevant personal data protection regulations.
- You have the right to access and correct your personal member information.
- You can request to delete the relevant personal member information, but the related services that rely on the member information will not be provided smoothly.
- In order to facilitate the use of this service, if you log in to use this service, the service will maintain the status of your account login. You can choose to log out of your account at any time in this service.
3. Use of the Service
- After you complete the registration and personal settings at Goodnight, you will be an eligible member of the company and you can start using the service.
- If the member has not logged in Goodnight for 180 consecutive days, the company reserves the right to suspend all of your free services and reserves the right to remove all materials stored by you. The record of whether you have login or not is subject to the records retained in the company's system.
- The Company has the right to add, change or cancel all or part of the relevant systems or functions of the Service without noticing you; and the existing or future services are subject to the terms of this Agreement.
- If you join other activities of the company and have relevant usage rules or agreements, you should also abide by the use of these services and related regulations.
- If the service requires or includes downloadable software, the software may be automatically updated on your device when new or new features are available. In some cases you can adjust your automatic update settings.
- You agree that Goodnight may send an announcement or commercial message to your Email, Networked Device or Mobile Device.
4. Paid services
- When using the company's related paid services, you must pay for the purchase of the company or a third party company that the company cooperates with.
- Members and general users agree to abide by other payment-related regulations announced by the company.
- The billing standards of the company’s paid services are determined by the company’s announcement.
- The company reserves the right to add or change the company's various service fees. However, if the service fee increases and affects the member's existing rights, it should be announced one month before and sent to the member’s email.
5: Remarks expressed by users
Goodnight's services, forums, and other publicly available cloud interactive spaces allow members and general users to actively spread messages or express opinions. These contents do not represent Goodnight’s standpoint. The publisher will be responsible for the content. The company is not responsible for the comments of members and general users, nor does it guarantee the authenticity of the members and general users. You should pay attention to comply with relevant laws. You must not defame, disseminate false statements, disseminate information, infringe on the intellectual property rights of others, privacy rights, statements, information that are not in line with Internet etiquette or uncomfortable to the general public, and other violations. You must not use of someone else's identity deliberately.
If the prosecution is consistent with the above matters, the company can delete the associated post, audio and video content. If necessary, the company may, in accordance with the law and the requirements of the competent authority, provide information about the members of the service and general users without prior notice.
6. Goodnight audio and text sharing
- You agree that the audio and video content uploaded on Goodnight is publicly shared to all third parties, and agrees that Goodnight may use search technology for indexing and crawling to publicly display it on Goodnight's related system network, including but not limited to Goodnight's Video search, or marketing activities organized on the Goodnight platform. The content of the video will be publicly posted and shared with others.
- The content you post on Goodnight will continue to be retained on the Goodnight service under normal circumstances. Goodnight reserves the right to delete any content you post directly without prior notice.
7. Copyright notice
- Members' voices, videos, videos, texts, software, scripts, graphics, photos, music, audiovisual combinations, interactive functions and other materials (“content”) played by the Service shall ensure that they do not violate third-party copyrights and patents. , trademarks, trade secrets or other third party exclusive rights. Unless you have obtained permission from the legal owner of the content or you have the right to post the content and grant Goodnight the appropriate license.
- Goodnight does not endorse any member or general user's content submitted to the Service, or any opinions, offers or suggestions expressed, and Goodnight expressly disclaims any liability for the content. Goodnight does not allow any infringement of copyright and intellectual property rights on the Service. Goodnight will remove all relevant content if Goodnight is properly notified of the content infringing the copyright or intellectual property rights of others. Goodnight reserves the right to remove content without prior notice. Goodnight reserves the right to terminate your use of all or part of Goodnight's services if you are notified of the infringement by the Company and you have not taken care of it.
- The functions provided by the Service do not represent the various acts of the Service, and are within the scope of legal authorization. Members and general users are still required to use within the legal authorization of the Service in accordance with the specifications of this Agreement. Any use of the Service other than in accordance with the terms of this Agreement shall be the responsibility of the Member and the general user.
8. Provide film, image, text and audio content to Goodnight
Once you provide your videos, images, text and audio to Goodnight, you will grant Goodnight the following global, royalty-free, non-exclusive, sublicensable and transferable rights and rights of use in accordance with these Terms:
- Process, store, archive, edit, capture video, capture image, text and audio content, create a calculation system for movies, images, text and audio content. Code the video, image, text and audio content to modify or transform into an appropriate media format. In order to make it part of the Goodnight service.
- Use, distribute, reproduce, modify, remix, extract, modify, and produce derivative works of film, image, text and audio content, or publicly transmit, publicly broadcast and publicly display the content of the film, etc. Other Goodnight services, including but not limited to Goodnight web services and mobile device APP services, distribution of marketing platforms, media format, medium, media channels; and for advertising, promotion or commercial purposes to use your videos, images, text and audio, including but not limited to the right to publicly transmit, publicly display, play, reproduce and distribute your videos, images in any media format or medium or via any media pipeline. Contents such as images, words and audio.
- Once you provide your videos, images, text and audio to the Goodnight service, you also grant others the following rights and rights to use your videos, images, text and audio:
- Access to your videos, images, text, audio, etc. through the Goodnight service is a non-exclusive right to use.
- Evaluate, discuss, comment, and tag your videos, images, text, and audio content.
- You have to include the features of Goodnight player with your videos, images, text and audio on your website.
- Transfer, transfer and distribute your videos, images, text and audio via email or message.
- Access your videos, images, text and audio via Goodnight's web services API or via RSS or any similar XML or related feeds.
- Under the terms of this Agreement, you may use, reproduce, distribute, remix, and create derivative works and editorials of your videos, images, texts, and audio under the terms of this Agreement. Transfer, display and play your videos, images, text and audio content.
- By downloading and using the Service Mobile APP, you agree that the Service will access the camera lens, microphone and storage space of your mobile device for use as video and audio, and for communication and other related functions.
9. Specification of content and behavior
You hereby agree that the content you provide to Goodnight and all content that you broadcast or make available on the Platform:
- Any copyright, patent, trademark, trade secret, copyright or other proprietary rights contained in the audio content and any sound, music, sound effects or other work content you add to your audio content, you own or have obtained the necessary authorizations, rights, consents and licenses, and the authorization of Goodnight to use the audio content and incorporate the audio content into the Goodnight service in the manner set out in this Agreement.
- You have obtained written consent or (and) permission from each identifiable individual in your audio content, or have waived your claim, so that you may use the person's name or appearance and use it in the manner set forth in this Agreement, and included in the Goodnight service.
- Everything you provide to Goodnight does not contain any illegal, harmful, threatening, abusive, harassing, infringing, defamatory, rude, pornographic, infringing, defamatory, defamatory, infringing on the privacy of others, hatred, or in race, ethnicity or otherwise contents such as movies, images, texts, and sounds that can cause dissent.
10. Prohibited matters
Members and general users may not directly or indirectly use the services of the company to engage in the following activities:
- Spam emails or other advertising messages may not be sent to other members or users of the company.
- Do not attempt to hack the company's servers, databases, crack the company's security mechanisms or other acts that endanger the security or stability of the company's services.
- Make changes or modifications to any part of the Service.
- Except for the service's own video playback page, embedded player or other methods expressly authorized by Goodnight, the service website, programs and all content may not be accessed by other technologies or methods.
- You may not use or operate any automated systems (including but not limited to "robots", "spiders" or "offline readers") to access the Service, meaning that sending more request information (compared to normal online behavior) to the Goodnight server.
- Do not use the company's services directly or indirectly for any violation of the law.
You may not engage in the following actions without the consent of Goodnight:
- Publish advertising information or sell goods through this service.
- Sell links to the service.
- Rent the company's services.
11. Service specifications
- Members and general users use the functions of each unit provided by the service must observe the relevant laws. You must not defame, disseminate false statements, disseminate information, infringe upon intellectual property rights, privacy rights, non-compliance with online etiquette or ordinary people, uncomfortable speech or information, other violations of the law, and may not be fraudulent in the name and identity of others.
- The opinions, suggestions and all other information posted on this service platform represent only the personal opinions of the posters and are not related to the company.
- You also agree that no rights or compensation will be exercised or claimed against the Company if it causes damage or other nuisance to your rights as a result of other members or users.
- The Company reserves the right to delete any information once you have violated the regulations. You may not request any damages from the company.
- Your liability for the use of the Service is your responsibility. The Company will cooperate with the investigation of the inspection unit to provide relevant records or information.
- Individuals who are not Chinese nationals should confirm that they have obtained the relevant work permit from the main customs authority before using the service for commercial activities or other performances. If the required permission is not obtained in accordance with the law, the consequences shall be the sole responsibility of the person and shall not be related to the company. If you use the Service for business conduct or other performances outside the Republic of China, you must also ensure that you comply with local laws and regulations.
12. Consequences of a breach of agreement
In the event of a breach of this Agreement or other terms of service of the Company by members and general users, the user may, depending on the circumstances of the matter, be temporarily or permanently suspended, or otherwise disposed of. Unless otherwise specified, the user shall be subject to permanent suspension of power in the following circumstances:
- Violation of the provisions of Articles 5, 7, 8, and 9 of this Agreement; Articles 10 and 11.
- Infringe on the rights of others or violate the provisions of the law, by means of other people's evidence of certification or by the judicial authorities, the inspection unit to notify the company in writing.
- The company or its affiliates, employees, trustees, agents and other relevant performance supporters are subject to damages or expenses (including and not limited to the reasons for violation of the relevant laws or regulations or any of the provisions of this agreement). Violators shall be liable for damages or fill their fees when conducting legal, civil, criminal and administrative proceedings.
13. Risk taking
- You understand that Goodnight is required to provide related services through the Internet, so there is a considerable degree of risk in terms of stability and security. You agree to bear the risk of using the Service through the Internet.
- The information, computer programs, mobile device applications, etc. provided by the company may conflict with your personal terminal device or other devices due to the soft and hard environment of the computer and mobile devices. Therefore, causing the system to be unstable. You agree to bear the risk of downloading or installing such information or programs.
- The information posted or provided by members or other general users through Goodnight may contain viruses or other malicious programs. You agree to bear the risks arising from browsing, downloading or using information or programs not provided by the company's services.
14. System interruption, failure
The company's services may be subject to no warning interruption or failure, which may result in your inability to use, data loss, errors, or other economic losses. You agree that unless the incident is caused by the company’s intentional or gross negligence, the company is not responsible for the loss.
15. Suspension and change of services
The company may suspend related services in advance or afterwards in the following circumstances:
- The company's service system is updated, maintained or otherwise necessary for construction.
- When the telecommunications service provider used by the company's services cannot provide connection.
- Due to natural disasters, riots, strikes or other force majeure factors, the company is temporarily unable to provide services.
- Others announced by the company 24 hours ago.
In the case of the preceding paragraph, the company does not assume any liability for compensation for members and general users. You agree that the company's services may change all or part of the service content unilaterally. The company shall announce or notify the email address or mobile phone number contained in the member's information one month before the member's interest is significant. If you do not agree to the change of service, you should stop using the company's related services after the announcement or after receiving the notice.
16. Termination of service
The Company may, in its sole discretion, terminate all or part of the services of the Company. When the Company terminates all or part of the services of the Company, if it involves the services that the members have prepaid, they should notify the members one month before and announce the obvious premises of the service. If all or part of the company's services are terminated, the member's prepaid fee will be used when the termination is not available. The company will announce the refund method in accordance with the law to protect the members' rights.
17. Protection of privacy
Respecting your personal privacy is a fundamental policy of Goodnight. Therefore, Goodnight will not disclose or edit your information without your legal authorization, unless it is required by law or on the basis of good faith, including but not limited to the following:
- Comply with relevant legal requirements, including the content of the message you posted on Goodnight's service and its release time, network address or domain name when inquiring about the law enforcement department.
- Follow the Goodnight content service program.
- Maintain Goodnight's trademark ownership.
- In an emergency, we strive to maintain the privacy of our members and the public.
18. Intellectual property rights
- The intellectual property rights of the videos, texts, audio, graphics, computer programs, trademarks, etc. provided by the Service are owned by the Company or its licensors, and the use of the property that is not legally authorized by the Company is a violation of intellectual property rights. You may only use the Content under the authorization of Goodnight and the Owner, and you may not copy, reproduce, or create derivative content related to the Content. Respect for intellectual property rights is your obligation. If there is a violation, you should be liable for damages to Goodnight (including but not limited to litigation costs and attorney fees).
- By uploading, transmitting, importing or otherwise providing the Service, any information, files, etc. provided by the Service, you represent that you authorize the Company to use, modify or re-use unconditionally for commercial or non-commercial purposes. System, public transmission, alteration, distribution, distribution, public publication of such information, and may be authorized to others.
- When the Company reauthorizes the work authorized by you in accordance with the provisions of the preceding paragraph to others, you agree not to exercise the personal rights of the person who has agreed to use the work by the Company and the Company.
19. Software download and authorization
The services and software provided by the company are only for your use of the company's services. You agree that the following provisions should be observed in all circumstances:
- No copying, reverse engineering, decompile or disassemble may be performed on the service software provided by the company.
- The service software provided by the Company or its related documents may not be altered, altered, translated or otherwise affected by the integrity or consistency of the Company's software or related documents.
- The service software provided by the company may not be used, reproduced, distributed, leased, publicly broadcast, publicly transmitted or otherwise used without legal authorization.
20. Limitation of Liability
You expressly understand that the Company's services to the Company, except as otherwise provided in this Agreement or other individual terms, do not provide any express or implied warranties for the services of the Company, including but not limited to commercial applicability, specific Applicability of the purpose and non-infringement of the rights of others.
- The company specifically declares that it does not provide any guarantee for the following matters:
- Our services are in line with the expectations or needs of our members and general users.
- The company's services are provided in a permanent, timely, uninterrupted, safe, stable, error-free manner.
You agree that the Company shall not be liable for any liability unless it arises from the Company's intentional or gross negligence; if the Company is legally liable in accordance with the law, you agree that the Company's maximum liability limit is the total amount of fees which you have paid to the service for the current year.
21. End of service
Goodnight may discontinue all or part of the Service at any time, as the case may be. You may discontinue the service at any time without being responsible for any individual or third party. If the user disagrees with the subsequent additions to this Agreement or is dissatisfied with Goodnight's services, the following rights may be exercised:
- Stop using Goodnight's service.
- Notice Goodnight to terminate the member’s account.
After the member service is terminated, the member's right to use the service is immediately suspended. From now on, the member has no rights and Goodnight is not obligated to transmit any unprocessed information or unfinished services to the member.
22. Links and advertisements
- All the links provided by the Service may be linked to the websites of other individuals, companies or organizations. The purpose of providing such links is to collect and obtain information for the convenience of members and general users. The products, services or information provided on the website of an individual, company or organization do not guarantee its authenticity, completeness, immediacy or credibility. What the individuals, companies or organizations provide from the link is in no way associated with (such as employment, appointment, agency, partnership, etc.) Goodnight.
- All advertising content or related information published in this service is provided by each advertising agency, and members and general users must judge the authenticity and credibility of the advertising content by themselves. Goodnight only accepts the commission to publish, and does not assume responsibility for the above advertising. Advertising posted on the services of the Company does not represent any liability or prior review of the advertisements.
You have agreed that the use of the Service is at your own risk. To the fullest extent permitted by law, Goodnight and its officers, directors, employees and agents are exempt from all warranties, express or implied, regarding the Services and your use of the Services. To the maximum extent permitted by law, Goodnight is exempt from all warranties, conditions, terms and representations regarding the accuracy or completeness of the content of this website or its linked websites and is not responsible for the following:
- The error or the content is inaccurate.
- Your access to or use of the Service may result in personal injury or personal injury of any nature.
- Unauthorized access or use of secure servers and/or any personal information and/or financial information stored on the server.
- The interruption of our service or the stop of transmission.
- And/or any software errors, viruses, Trojans or similar programs that may be transmitted by our third party through our services.
- Any form of loss or damage caused by errors or omissions in any content, or content obtained by posting, mailing, transmitting or otherwise by means of the Service. Goodnight does not warrant, endorse, warrant or assume responsibility for the products, services posted or offered by any third party through the Service, any hyperlink service, banner features or other advertisements. Goodnight is not involved in and is not responsible for any monitoring for your dealings with third party providers of goods or services. Just as you buy a product or service through the media or in other situations, you should do your best to judge and be reasonably cautious.
24. All or part of the invalid
When all or part of this Agreement is confirmed as invalid by the judicial authorities, it does not affect the validity of the other clauses. Before the company revise the invalid clauses, it shall be handled in accordance with the Civil Law, the Consumer Protection Law and other relevant laws.
25. Terms of Service and Service Amendments
- The interpretation and application of the terms of this membership shall be handled in accordance with the laws of the Republic of China. Members shall agree to the dispute arising from the terms of this membership. Except as otherwise provided by law, the Taipei District Court of Taiwan shall be the court of first instance.
- You and Goodnight agree that litigation arising out of or relating to the Service must be filed within one year of the cause of the action. Otherwise, the grounds for the action will be permanently invalid.