TERMS AND CONDITIONS OF USE
Please review these Terms carefully. By using any of the Services, you accept these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms and Conditions and to abide by all Applicable Laws, you may not use any of the Services, and you must discontinue use of the Services immediately.
While we offer you certain Services free of charge, there may be specific services that may require subscription and/or payment before you can access them (“Paid/Subscription Services”). If you choose to subscribe to Paid/Subscription Services, please review the provisions of the Subscription Access Terms, in addition to these Terms. References to Services throughout these Terms also include all Paid/Subscription Services.
AGREEMENT TO BE BOUND
TrueID furnishes and provides the Services for your personal and non-commercial use. By clicking on or checking a box that states that you accept and agree to these Terms, you signify your agreement to be bound by these Terms and Conditions of Use, including any future modifications, and to abide by all applicable laws, rules and regulations (“Applicable Law”).
TrueID reserves the right to modify these Terms at any time. Any modification to these Terms shall be effective upon posting on or to the Website and the TrueID App . As such, it is important for you to regularly review these Terms. Should you continue to use the Services after any modification of these Terms, this shall mean that you agree to the modified Terms and agree to be bound by it. If you do not agree to be bound by the modified Terms, you must discontinue use of the Services immediately.
Account Registration and Security
Some Services will require the creation of an account so that you can view, share, or secure such Services.
- As part of the registration or account creation process, you will create login credentials by either making a unique username, selecting a password and providing a valid e-mail address, or by linking a recognized social media or other account, such as your Facebook or Google accounts. You may also be requested to provide other registration information. To create your account and access the Services, you will be asked to click on the Sign-in/Join link on the Website or the TrueID App and proceed with the account creation procedure that follows.
- If you are requested certain registration information to set up a user account, you must provide TrueID with accurate and complete information and update such information when it changes.
- If you are under eighteen (18) years old, your parent or legal guardian must read these Terms and agree to the same, or you must have them complete any purchase or registration on your behalf before you can use, subscribe, or register to any part of the Services. By clicking on or checking a box stating that you accept and agree to these Terms, you signify that your parent or legal guardian has agreed to these Terms or completed the purchase or registration on your behalf.
In creating your user account or accessing the Services, you may not:
Have a username based on a different person other than yourself with the intent to impersonate that other person; b. Use as a username a name, word or phrase that are, by law, reserved for use by any other person or subject to any rights of another person without appropriate authorization; or c. Use a username that TrueID, in its sole discretion, deems offensive.
TrueID reserves the right to refuse registration of, or cancel, a username, in its sole discretion.
- You must keep your user account log-in names and passwords confidential. You are responsible for all activities and the result thereof (including any damages, claims or charges) under your account, including the unauthorized use of your account.
- TrueID will not condone any fraudulent, abusive, or otherwise illegal activity. These may be ground for suspension or termination of your account, at TrueID’s sole discretion. TrueID reserves the right to report any fraudulent, abusive or illegal activity to the appropriate law-enforcement agencies and authorities for further appropriate action.
- If you have reason to believe that your account is being used without your permission, you must immediately contact TrueID at firstname.lastname@example.org. TrueID, its agents, representatives, directors, stockholders, officers and employees are not responsible for any loss or damage resulting from any unauthorized use of your account.
- TrueID , its partners, and other users of the Services may hold you liable for any loss that TrueID, its partners, or the other users of the Services may have incurred because of your failure to keep your account log-in information secure and confidential. You hereby expressly agree to indemnify TrueID, its partners or such other users or visitors damaged or injured by another person’s use of your account for any claims and damages arising from that use.
- You understand and agree that TrueID may change, suspend or discontinue, or impose limits on any part or all of the Services at any time, or restrict your access to any part or all of the Services without notice or liability.
- There will be times when some or all of the Services may be inoperable or unavailable for the following reasons, but not limited to: (i)acts of God; (ii) systems or equipment malfunction or failure; (iii) maintenance, repair or updating procedures, and (iv) other causes beyond TrueID’s control or which TrueID may not be expected to reasonably foresee or predict.
- You understand that being exposed to advertising is a condition of accessing the Services, and you agree to such exposure to advertisements.
- You understand that your access to TrueID and its Services are dependent on having reliable and consistent internet access, and that such internet access is your sole responsibility. You understand, further, that your inability or failure to access TrueID and any of its Services because of poor, weak, inconsistent or non-existent internet access is not TrueID’s fault or responsibility, and will not give you any claim or cause of action against TrueID.
- Unless terminated by TrueID, at its sole discretion, these Terms remain in full force and effect while you use any of the Services.
- You may terminate your account at any time, for any reason, in the following ways:
- e-mail us at email@example.com
- TrueID may terminate your account and subscription (free or paid) at any time without cause, prior notice and explanation. TrueID may also restrict your access to part or all of the Services under the foregoing. TrueID shall not be liable for any matter arising out of the termination or restriction of access of your account. Even after your account subscription and/or access to the Services is terminated by you or TrueID, these Terms will remain in full force and effect with respect to your past and future use of the Services. If TrueID terminates your user account, subscription and/or access to any part of the Services due to your breach of these Terms, you may not create a new account or try to access any part of the Services requiring registration or subscription without TrueID’s express approval.
- If you have paid for a subscription to any of its Paid/Subscription Services, and TrueID discontinues such Paid/Subscription Service before the end of a paid or subscription period, or TrueID terminates your account before the end of a paid subscription period for reasons other than your breach of these Terms, TrueID will refund a prorated portion of the applicable subscription fee. If TrueID terminates your access to any of its Paid/Subscription Services due to any breach of these Terms, you will not be entitled to any refund.
- Your TrueID account is non-transferrable, and any rights to and connected with your account and/or Services shall end upon your death (if you are an individual) or the discontinuation of your corporate existence due to expiration of corporate term, legal closure, abolition or merger with another corporate entity (if you are a juridical person).
USE OF THE SERVICES
Your use of the Services is strictly limited to your personal and non-commercial use.
Restrictions of Use
You agree that you will not use the Services to:
- Post, upload, link, or transmit any content that is unlawful, threatening, abusive, obscene, vulgar, sexually explicit, pornographic or inclusive of nudity, offensive; excessively violent; constitute an invasion of the privacy, contractual and civil rights of others, constitute tortious, false or misleading, defamatory or libellous, hateful or discriminatory statements or acts;
- Violate the rights of TrueID or any other party’s rights, including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass, harm, exploit or endanger another person, whether that person is of legal age or a minor,
- Impersonate or attempt to impersonate any person or entity;
- Engage in activity that will introduce, cause to be introduced, or involve the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. Neither shall you permit or cause the unauthorized use of or access to a computer or a computer network;
- Decipher, decompile, disassemble or reverse engineer any of the software or programming comprising the Services, or any attempt to do the same;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including TrueID’s servers, networks, or accounts;
- Use AdBlock or use any means that will hide, remove, disable, block or obscure advertisements or other portions of the Services;
- Alter or remove any information pertaining to or provided by other users of the Services;
- Use any form of technology, program, script, spider, bot, computer, or any automated system to collect or disseminate any data from the Services, or to circumvent or modify any security technology or software that forms part of the Services;
- Directly or indirectly send or cause to send any unsolicited bulk messages or any other kind of spam or unsolicited bulk communications, through the Services.
- Solicit, collect or request any personal information through the Services for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image, video or audio file of or by another person without that person's consent;
- Engage in any commercial activity using the Services or any Content without TrueID’s prior written consent;
- Use technology or other means to access or link to the Services (including the Content) that is not authorized by TrueID;
- Accessing Services or Content through any automated means (such as “robots,” “spiders,” or “offline readers”) other than by searches individually performed on generally and publicly accessible search engines;
- Use the Services to advertise, market, or promote any competing services;
- Use the Services in a manner that will violate any Applicable Law; or
- Attempt, facilitate, or encourage others to do any of the above.
- TrueID assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time, TrueID chooses in its sole discretion to monitor the Services, TrueID nonetheless assumes no responsibility for Content other than TrueID-provided Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
Intellectual Property and Licensing
- The Services and all materials published or available on or through the Services (including but not limited to texts, photographs, images, illustrations, designs, audio and video clips, metadata, data or compilations, sounds, musical works, materials, software, trademarks, trade names, logos and designs, all known as “Content”) shall be protected under intellectual property rights such as copyrights, trademarks, patents, trade secrets, database rights, sui generis rights, and other proprietary rights pursuant to the laws of the Kingdom of Thailand, the laws of other countries, and international law.
- Any Content or items found in the Services may be downloaded or copied for personal use only. Should you download or copy any of the Content, you agree not to remove copyright and other notices contained therein. Copying or storing any Content for any purpose other than personal use is expressly prohibited without prior written permission from TrueID or the rights holder identified in the intellectual property notice contained in the Content.
- You may not modify, publish, transmit, transfer, sell, reproduce (except as expressly allowed by applicable laws), create new works from, distribute, perform, display, communicate to the public or in any way exploit, in whole or in part, any of the Content or the Services for commercial gain.
- You have no rights to the proprietary software and related documentation, or any enhancements, modifications or updates thereto, that TrueID provides to you in order for you to access any of its Services.
- You may not sublicense, assign or transfer any licenses granted by TrueID, and any attempt to make such sublicense, assignment or transfer shall be null and void.
- You shall abide by all additional intellectual property and proprietary notices, information, or restrictions contained in any Content accessed on or through any of the Services.
If you believe that any Content inside or linked to the Services infringes your copyright or other intellectual property or proprietary rights, you must send a written notification of claimed infringement that contains substantially all of the following information to firstname.lastname@example.org :
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the claimed infringing material sufficient to permit TrueID to locate the material on the Services (such as the uniform resource locators (URLs) of the claimed infringing material);
- Information reasonably sufficient to permit TrueID to contact you, such as an address, telephone number, and an e-mail address;
- Your statement, under penalty of perjury, that:
- You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Law; and
- The information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or you are authorized to act on the owner's behalf; and
- Your physical or electronic signature, competent evidence of your identity, and if you are not the complaining content owner, competent evidence of your authorization to act on the complaining content owner’s behalf.
Some of the Services may allow you to submit or transmit audio, video, text or other materials, such as comments, reviews, messages, as well as computer code and applications and other files, to or through the Services (the “User Submission”).
- License to Use User Submission
When you provide User Submissions, you grant to TrueID and any third-party it designates a perpetual, non-exclusive, world-wide, royalty-free, irrevocable and sublicensable license to any and all of your User Submission.
- The license you grant to TrueID includes, without limitation, the right for TrueID, or any third party it designates, to use, copy, modify, transmit, publish, distribute or communicate to the public, create derivative works of, host, index, cache, tag, encode, archive, or adapt in any form or media now known or hereinafter developed, any User Submission that you post, send, or otherwise make available on, to or through the Services or any other website, application, or service owned by TrueID, including any User Submission you post, send or otherwise make available to the Services through a third party.
- You acknowledge that TrueID may edit, remove, modify, publish, transmit, or display any part or the whole of any of your User Submission and transmit, display or otherwise exhibit, for any purpose, your User Submission, whether in the form such User Submission was made available to, on or through the Services, or in its modified or altered forms.
- You waive any rights you may have in having such User Submission modified, changed, displayed, exhibited or made available by TrueID, or any third party it designates, in a manner or for a purpose you do not agree with.
- You acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Submission.
- Once your User Submission from any TrueID Service is deleted, TrueID’s license to the User Submission shall be terminated after a reasonable period of time that will allow the deletion of the User Submission. Notwithstanding this, the User Submission may be retained in TrueID’s back-up copies of the applicable Services, which are not publicly available. Furthermore, to the extent that TrueID made use of your User Submission before you deleted it, TrueID will retain the right to such pre-existing or derivative uses even after your User Submission is deleted.
- You acknowledge that:
- Deletion of your User Submission from any part of the Services will not result in, and TrueID assumes no responsibility for, the deletion of such User Submission by any third parties who were provided with or had access to User Submission prior to your deleting it from Services; and
- Termination of your account or your use of the Services will not result in the immediate or automatic deletion of your User Submission consistent with these Terms.
- Any User Submission you post, upload, transmit or make available through or in connection with the Services shall be your responsibility. You warrant that you hold all the necessary legal rights and that such will not violate any existing laws or regulation when you post, upload, or submit any User Submission on any of the Services.
- If you posted materials to the Services that TrueID removed due to a notice of a claimed infringement from a copyright, trademark, or patent owner:
- TrueID will take reasonable steps to notify you that the material has been removed or disabled by means of a general notice on the Services or by direct written or electronic communication.
- Any counter-notification that you provide in response to such notice must be in a written communication to email@example.com.
- When submitting User Submission, you agree not to:
- use any language meant or generally deemed to be offensive. You will not threaten or verbally abuse other members, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
- use offensive language or any such language, code, or symbol that discriminates people on the basis of their race, religion, nationality, gender, sexual preference, age, region, disability, etc.
- TrueID assumes no responsibility for monitoring User Submission for inappropriate content or conduct. If at any time, TrueID chooses in its sole discretion to monitor the User Submission, TrueID nonetheless assumes no responsibility for the User Submission, assumes no obligation to modify or remove any inappropriate User Submission, and no responsibility for the conduct of any user or visitor.
Third Party Services
The Services may provide links or access to third-party websites, applications, resources and content (collectively, "Third-Party Services"). You acknowledge that when you engage with a Third-Party Service, you are not interacting with TrueID but with the third party.
If you choose to use a Third-Party Service and share information with it, you acknowledge that:
- The Third-Party Service may use another third party to provide portions of technology, development, or payment applications or services to you.
- TrueID shall not be responsible and does not warrant, expressly or impliedly, any Third-Party Service or third-party provider. TrueID does not warrant the accuracy or completeness of the information provided by such Third-Party Service or their privacy practices thereof.
- When any Third-Party Service or a link is included to the Services, it does not imply nor will it constitute TrueID’s approval or endorsement of the Third-Party Service.
- TrueID is not responsible or liable to you for any content or material hosted and served from any website or application other than the Services.
- By connecting or linking your account to any social media site, service or application, you acknowledge that you agree and consent to the continuous release of information about you to others, including such linked social media site in accordance with your privacy settings with such sites, services or applications. If you do not want information about you to be shared in this manner, do not link or connect your account to any social media site, service or application.
You acknowledge, consent and agree that TrueID may access, preserve or disclose information you provide to or through the Services or that TrueID has collected about you in the course of your usage of any of the Services, including registration information and User Submission when it has a good faith belief that such is necessary to:
- Protect or defend the legal rights, privacy, safety, or property of TrueID (and its parents, subsidiaries or affiliates, or their employees, agents and contractors) and of members of the public, whether in urgent or non-urgent circumstances;
- Protect TrueID against fraud or for risk management purposes; or
- Comply with any Applicable Law or legal process or respond to requests from public and government authorities.
- If TrueID sells any part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of its business, it may transfer your information to a party or parties involved in the transaction as part of that transaction.
DISCLAIMERS, INDEMNIFICATION AND LIMITATION OF LIABILITY
TrueID does not warrant that:
- The Services, or any Content or features of the Services, will be free of errors, omissions or defects, or that any such errors, omissions or defects will be corrected;
- The Services or the servers hosting them are free of viruses or other harmful computer code, file or program; or
- The Services or Content available through the Services will continue to be available.
TrueID shall not be responsible, and disclaims any liability, for any of the foregoing issues.
- TrueID disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for purpose, title, and as to quality, availability and subject matter of content.
- You will defend, indemnify and hold harmless TrueID and its directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives, and all of their successors and assigns (collectively, the “True Digital Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from user generated Content).
- TrueID has the exclusive right to the defense and control of any claim for damages, and in such case, you agree to cooperate with TrueID to defend any such claim.
Limitation of Liability
- Your access to and use of the Services, the Contents, and other features in the Services, is at your risk. If you are dissatisfied with the Services, your sole and exclusive remedy is to immediately discontinue your access and use of the Services.
- The True Digital Parties shall not, and will not, be liability for any failure or delay in performance due to causes which are beyond their control, such as, but not limited to, governmental action or inaction, general strikes, lockouts or other labor disputes, riots and other civil disturbances, wars, invasion or other military action, severe weather, fires, earthquakes and other natural calamities and acts of God, power failure, or failure of the Internet or computer equipment.
- To the fullest extent allowed by Applicable Law, the True Digital Parties shall not, and will not be, liable to you or to any third party for any special, incidental, exemplary, indirect, consequential or punitive damages in connection with the Services or its Contents, your use of the Services (including any features or Contents), these Terms, or your User Submission, even if foreseeable or even if one or more of the True Digital Parties have been advised of the possibility of such damages.
- To the fullest extent allowed by Applicable Law, TrueID’s liability to you, for any cause and regardless of the form of action, will at all times not exceed the amount you have paid, if any, to TrueID for the Services during the twelve (12) months immediately preceding the claim.
GOVERNING LAW AND JURISDICTION
- These Terms have been made and shall be construed and enforced in accordance with the laws of the Kingdom of Thailand as an agreement wholly performed therein.
- Any claim or cause of action arising out of or related to the use of the Services or under any of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, unless the law in force in the Kingdom of Thailand at the time the claim or cause of action arises provides for a longer period.
- Any claim you may have that may arise in connection with these Terms will be compensable by monetary damages and in no event will you be entitled to injunctive relief. You also hereby expressly waive any right to resort to any form of class action.
These terms shall take effect as of the Effective Date above. You must carefully review the modified or updated Terms before using the Services if you have not reviewed the Terms since the Effective Date.
TrueID may change these Terms in the future, so you are encouraged to periodically review these Terms. Do not use the Services if you do not agree with any modifications or changes made to these Terms. Your continued use to any of the Services after each change to these Terms shall mean that you accept all changes and agree to be bound by such Terms, as changed, reckoned on and from the date and day such changes are effective.