Call Defender Terms of Service

The Terms of Service shown here (hereinafter referred to as the Terms of Service) are intended to manage any information made available by GOGOLOOK Co., Ltd. (hereinafter referred to as the Company) (hereinafter collectively referred to as the Call Defender Contents and any service or software released by the Company under the name of Call Defender, including but not limited to, the Call Defender Applications, hereinafter collectively referred to as the Call Defender Service).

Foreword

Before using the Service, please understand that Call Defender service is dedicated to searching the information from the following two sources: (1) Database provided by Whoscall; (2) Database provided by HK JunkCall. Therefore, the Company will not be liable for keeping confidential the personal data disclosed by you on the Internet. You shall keep watching and maintaining your personal data on your own. Also, the Company will not represent or warrant the accuracy of the contents of the information about phone numbers feedback by the user group. You shall judge the accuracy and reliability thereof independently.

Meanwhile, the Company makes no warranty toward the following situations: (1) Call Defender service meets your need; (2) Call Defender service will be non-interrupted, timely, safe and reliable or error-free when providing the information; (3) the result accessed via Call Defender service is correct or reliable; (4) any service, information or other information accessed via Call Defender service meets your expectation.

When using the Call Defender group labeled feedback, you shall avoid using any disputable text, and the labeled comments shall match the fact (or substantially match the fact lest dispute should arise). The contents of labeled feedback via the Call Defender service only represent the users personal experience and view, but do not mean that the Company agrees to such view or proves the comments. You shall also undertake that you will not engage in the following activities via the Call Defender service: (1) distribution of any rumors or assumptions, or fabrication of any false statement; (2) offensive statement, fabrication of story to defame or insult another person, or infringement upon another persons reputation; (3) any statement inciting ethnic consciousness or instigation of offensive and abusive statement; (4) any other overly disputable statement.

Please read the following Term of Service carefully. The Term of Service grant us certain rights and also describe how you may manage the information you shown to others via the Call Defender Contents and Call Defender Service. Meanwhile, please also view the Privacy Policy at our site http://calldefender.gogolook.com/en/pp.html to verify the Company messages and indications about collection and use of your personal data.

Also please read HKJunkCalls terms of service at HKJunkcall site http://www.hkjunkcall.com/terms.asp as HKJunkCall may collect anonymous information when using Call Defender Service.

The Term of Service expressly defines how you may access Call Defender Contents and Call Defender Service. Your access to Call Defender Contents and Call Defender Service constitute your consent to the Service and Conditions, irrelevant with whether you are a member or non-user. Where Call Defender Service infringes upon your right when searching information, please inform the Company via privacy@gogolook.com voluntarily. The Company will help you conceal the relevant contents according to the following service Term of Service. Notwithstanding, the Company makes no warranty that said contents will not be displayed again via the Call Defender Service.

Definition

In order to expressly define the contents and scope of the Call Defender Service, the following specific terms shall have the following specific meaning:

Member means any Call Defender user who has submitted the Company any data sufficient to identify him/her personally, including but not limited to, telephone numbers or email account.

Non-user means any Call Defender user who receives the Call Defender Service but fails to submit his/her personal data.

The Member or Non-user who receives the Call Defender Service is hereinafter collectively referred to as the Call Defender Service User.

User Data means the data you choose to upload to the Call Defender Service and saved in your phone, namely, the data or information generated in the process of the use of Call Defender Service by a User (including but not limited, blocked history, tags, notes, or search logs generated via the Call Defender Service).

Caller ID means any information accessible to your phone number, including but not limited to, Third Party Database and User Generated Information. Caller ID also includes some User Data linked with the phone number.

Third Party Database means the pubic database or private database controlled, managed or maintained by a third party, and the Company might access the database legally to provide the Call Defender User with related services.

"User Generated Content means the data fedback or identified by a user, and any information classified, analyzed information via technical identification or statistics, including but not limited to, User Generated Information and User Generated Alert Information.

Run means download, installation and activation of the Call Defender Applications to use the functions made available by the Call Defender Service.

1.     Membership and Qualifications

If your mobile phone installs the Call Defender Applications and activates the same, you may access the applications as a Member or Non-user. If you submit your personal identifiable data to the system, the Company will create the link between you and the data automatically. Except as provided in the Term of Service herein and the Company Privacy Policy, the Company will never share your phone information with any third party intentionally without your express permission. The access authority you granted to the Company will be under your control, as you may delete your User Data from Call Defender Service at any time. (For more information about termination of the Call Defender Service, please refer to Section 6 herein.)

2.   Caller ID

As a Call Defender Service User, when your phone receives any call or message, the Call Defender Service may search the source of the call number automatically from the Company Database and Third Party Database. If the number is found, the Service will return the name or relevant information of the individual or enterprise that is looking for you.

Granting of license. As between you and the Company, the ownership of your User Data shall remain vested in you. Notwithstanding, your share, submission or uploading of the User Data shall constitute your granting to the Company a global, non-exclusive, royalty-free, sub-licensable and transferable license to use, duplicate, display and run your User Data or to produce any related derivative information in order to enable the Company to use, duplicate, display and run your User Data or produce any related derivative information, provided that such derivative information shall be related to Call Defender Service, and intended to enable the the Company services to be made available to you.

You acknowledge and agree that you own all necessary rights in the User Data you make available via Call Defender Service. Therefore, you represent and warrant that: (i) according to the Service and Terms herein, you own the necessary title and rights to permit, consent and assign sufficient to grant the Company the rights to use the User Data; and (ii) the User Data per se and the User Data used by you to post, upload, publish, submit or transmit the User Data or Call Defender Service on and Call Defender Service shall be free from infringing, misappropriating or violating any third partys patent right, copyright, trademark right, trade secrets or other intellectual property rights, or infringing the data owners privacy or other rights, or violating any laws or regulations.

If you breach said warranties and thereby cause a third party to initiate a claim or opposition action against the Company or you, you shall bear the related legal liability and indemnify the Company against all losses suffered by the Company therefor.

3.   Use Call Defender Service to manage and access data from the Company Database

In order to protect the users right, the Company will update the Caller ID to the database periodically. As a Call Defender user, unless otherwise provided herein, you may request the Company to hide the information if necessary and the Company will process your request within 30 days:

(1) Request for hiding the User Generated Information:

User Generated Information. The Company provides the Call Defender service user with the access to share the received call and send feedback and reminder to the Company. The Company shall be entitled to use the result fed back by the Call Defender service user as the information basis to alert other Call Defender service users to identify the call number when using the service. Therefore, a Call Defender service user shall act objectively and impartially when feeding back the information and avoid feeding untrue information or information which may not be made in public back to the Company. The Company shall be entitled to hide or delete any untrue or unjust feedback or User Generated Information.

Call Defender Service will take the following actions according to the complaint you file at privacy@gogolook.com per instruction, by the following classification:

Where the User Generated Information contains information in error: The information in error means that the provided name information is not identical with the number holder in fact. Upon receipt of the users complaint, the Company will conduct examination and give a call to the number containing the information in error. Upon verification, the Company will update and modify the information in error immediately.

Where the User Generated Information expresses personal subjective opinion and comment that contain defamatory or disgraceful wordings: Upon receipt of the users complaint, the Company will modify and remove the information. The Company will add the defamatory or disgraceful wordings to our filter list to prevent its repetitious occurrenc e.

(2) Request for hiding the User Generated Alert Information, et al.:

User Generated Alert Information. Based on the model of calling, messaging and public information, our exclusive system might be able to identify some calls and messages as those undesired by some or multiple Users. Unless otherwise provided herein, Call Defender Service will not meet the Request for Hiding Information voluntarily with respect to the entities, enterprises or individuals who give the sale or promotional calls or any other types of unwelcome calls or messages identified as uninvited by the users. Under said circumstance, said unwelcome callers information will be displayed to each Call Defender service user continuously.

Call Defender Service will conduct the observation within 30 days upon acceptance of the complaint you file at privacy@gogolook.com per instruction, and will hide said information within the 30-day period. Notwithstanding, if, after hiding the number in dispute, it is still detected as User Generated Alert Information, the Company makes no warranty that said information will not be displayed again.

(3) Request for modifying or hiding a Third Party Database:

Upon receipt of the request for modifying or hiding information, the Company shall be entitled to ask the user to proceed with phone verification and provide the related documentary evidence and then accept the request upon verification. The Company does not own the control over a third party database. Therefore, your phone number and related information will not be changed or deleted from the third party database which might own your information simply on the ground of the request for modifying or hiding Information submitted by you to Call Defender Service. The request for modifying or hiding Information only represents that your information will be changed or will not be displayed in the information provided by Call Defender Service.

Should you have any questions about said approach to identify the call information disclosure, please contact Call Defender data processing center at privacy@gogolook.com. Please note that submission of the "request for modifying or hiding information does not represent that your phone number will be modified or deleted from the "Companys" all databases. For example, the Company will reserve the information to meet your request. Please note that the Company reserves the ultimate right to decide and accept the way to process said information.

4.   Modification

The Company reserves the right to modify, discontinue or terminate Call Defender Service or to modify the Term of Service at any time at its sole discretion. If the Companymodifies the Term of Service herein, we will post the modification on the Website or notify you of the same via email, and will also upload the Date of Update to the Website homepage. If you continue to log in or access Call Defender Service after the Company posts the modification on the Website or notify the same to you, you agree to accept the modified Term of Service. If you disagree with the modified Term of Service, you may cease to access Call Defender Service immediately as your sole remedy.

5.   Bill and fee

Basically the Call Defender Service is free. The Term of Service about fees and payments, if any, shall vary depending on the type of phone you use, your Mobile Service Provider, and the version of the Call Defender Service you use. But if you want to use full function of Call Defender Service, you may have to join our periodical subscription plan. More information about the Call Defender Service fees is coming soon and the plan will update from time to time. Besides, should there be any Term of Service about fees and payments, the Company will show the relevant information completely and sufficiently before asking you to provide the payment method.

You hereby declare that you are the owner or licensee of the wireless device you use to access the Call Defender Applications, and you are authorized to approve any applicable fees. You acknowledge and agree that in addition to the Call Defender Service fees, the messages and data transfer rate from your Mobile Service Providermight incur additional fees.

For the applicable fees and any taxes and other charges potentially incurred by your use of Call Defender Service, your initial use of the same shall constitute your consent to pay the fees in whole. Unless otherwise provided in the Term of Service herein or the Company charge policy, all of the fees you already paid will be non-refundable, and also non-transferrable to any other phone numbers. All of the fees and applicable taxes shall be paid in US dollars. Unless otherwise provided in the Term of Service herein or the Company charge policy, you agree that the Company may change the Call Defender Service fees and charges at any time, or add new fee titles from time to time, provided that the Company will give you a prior notice about the change of fees and charges.

If you fail to pay the Call Defender Service fees timely, or it is impossible for the Call Defender Service to access the information provided by you to process your transactions, the Company may reserve the right, at its sole discretion, to suspend you from accessing the Call Defender Service. If any payment is not made within 30 days after it becomes due, the Company may reserve the right, at its sole discretion, to terminate your Call Defender Service voluntarily.

6.   Termination

If you breach any provision herein, the Company shall be entitled to terminate your authority to access Call Defender Contents and Call Defender Service. If it is the case, the Company will cease to use the User Data provided by you immediately. the Company reserves the right to change or revoke your login and access to Call Defender Contents and Call Defender Service, or suspend the Call Defender Service from using your User Data in whole or in part, at any time without notice. Unless otherwise provided herein, if you breach the Terms of Service and thereby cause the Company to terminate or revoke your authority of access to Call Defender Contents and Call Defender Service, you shall bear all of the payments to be made pursuant to the Terms of Service or the Company charge policy.

You may cease to use the Call Defender Applications" at any time. If you only delete the Call Defender Application from your mobile phone, your user information or caller ID will not be deleted from Call Defender Service therefor, because when you delete the application from your mobile phone, the Company will not receive any notice about your action. Therefore, deletion of the Call Defender Applications cannot afford to represent that you have ceased to use Call Defender Applications. Where a User wishes to remove his User Data, he shall remove the same via the Deletion of Account function in the Call Defender Applications, provided that paid users will not be refunded for any prepayment made before the deletion.

7.    Your use of Call Defender Contents

The Company hereby grants a license to you to download, view and print a copy of Call Defender Contents, for your personal or non-commercial use only, and you shall comply with the restrictions under the Service Term of Service.

8.   Call Defender property

The ownership, title and interest in Call Defender Contents and Call Defender Service shall be the exclusive property vested in the Company and its licensor, now and in the future. Call Defender Contents and Call Defender Service are protected under the R.O.C. laws and any other countries laws regarding patent right, copyright, trademark right, and other related rights. Unless otherwise provided herein, you may not reproduce, disseminate, modify, compile, authorize, perform, issue, sell, transfer, display publicly, transmit publicly, produce derivative works of, or use in any other manners Call Defender Contents and Call Defender Service. You may not use Call Defender Contents and Call Defender Service on any other websites for any purposes, or link said contents with those websites. The User Data excludes the contents, phone numbers, complaints, comments or remarks you contribute to any other websites operated by the Company. If you submit or release any messages or comments in electronic form via the Call Defender Applications, you automatically agree to grant the Company a global, non-exclusive, royalty-free, sub-licensable and transferable license, with respect to the messages and comments, to utilize, reproduce, disseminate, modify, adapt, compile, authorize, perform, publish, release, transfer, communicate, display publicly, transmit publicly, produce derivative works of, or use in any other manners your messages in any form or medium or with any technology, existing now or to be developed in the future. Further, you agree to waiver your economic right. To comply with the laws, the Company shall be entitled to compile or delete the messages or comments, in whole or in part, provided that the Company shall not be obligated to monitor or review any persons comments. the Company shall not be liable for accuracy, completeness, adequacy, validity or fitness of the contents or messages provided by you or any other persons. Meanwhile, the Company will not endorse, approve, support, encourage, confirm, or agree to, any messages or comments submitted by another person. The relevant legal liability thereof shall be borne by you or the person who submits the messages or comments solely.

9.   Call Defender Applications

According to the Term of Service herein, the Company agrees to grant you a non-exclusive and non-transferrable license to run the Call Defender Applications on the mobile phone which you are approved to own and use, in order to enable you to use the Call Defender Service. Said license does not grant you the right to use the Call Defender Applications on any mobile phone which is not owned by you or licensed to you. the Company shall reserve the rights in the Call Defender Applications which are not expressly granted to you under the Term of Service. For the purpose of the Term of Service herein, the duplicate of the Call Defender Applications used by you has been licensed by the Company, provided that you shall not sell, transfer, or use for any commercial purposes, the duplicate. You own the mobile phone in which the Call Defender Applications are downloaded. Notwithstanding, the ownership of the duplicate of Call Defender Applications shall still remain vested in the Company, including any intellectual property rights therein.

You acknowledge that the Company may choose to release any upgrade of the Call Defender Applications and to upgrade the applications automatically or in electronic form. You acknowledge and agree the adequacy and validity of the upgrade of Call Defender Applications made by the Company in your mobile phone, and also agree not to make any claims against the Company with respect to the relevant upgrade policy. You acknowledge that the Service Term of Service will be applicable to any upgrade of the Call Defender Applications, unless the upgrade shall be subject to a license separately.

If you destroy or delete the duplicate of any Call Defender Applications owned or controlled by you, the license granted by the Company to you to use the Call Defender Applications shall be terminated. If you breach any provisions herein, the license granted under the Service Term of Service will be terminated automatically, irrelevant with whether you receive a notification from the Company.

10. Prohibitions

You agree not to engage in any of the following activities when you access Call Defender Contents and Call Defender Service or User Data:

(1) Post, release or transmit the text, pictures or data which (i) are false or misleading, (ii) are libelous; (iii) infringe another persons privacy; (iv) are obscene, pornographic or offensive; (v) promotes bias, racial discrimination or hatred, or causes hazard to any individual or group; (vi) infringe another persons right, including but not limited to, intellectual property rights; or (vii) violate any applicable laws or regulations, or encourage any potential violations, or constitute any act subject to a civil action.

(2) Log in the Company computer or intranet system, or the non-disclosure areas in the systems of the Company and its suppliers;

(3) Attempt to explore, detect or test the possibility for hacking any system or network, or enforce any measures against safety or identity certification;

(4) Use any search engine, software, tool, medium, device or mechanism other than the software provided by the Company in an attempt to search or access Call Defender Contents, Call Defender Service or User Data;

(5) Send unknown emails or spam mails, or send advertising emails, chain letters, or messages about product or service promotional campaigns or advertisements without prior consent from the Company;

(6) Post or forge any TCP/IP packet header or a part thereof in any email or press release, or use Call Defender Contents and Call Defender Service or User Data in any manner to send unauthorized and altered, fraudulent or false source of identifiable information;

(7) Attempt to decode, disassemble, decompile, or perform reverse engineering on, any software applied to provide the access to Call Defender Contents and Call Defender Service or User Data;

(8) Reproduce (other than download or installation) or modify the Call Defender Applications, including but not limited to, add new functions or adapt the applications in any other manners to change the operation of Call Defender Applications;

(9) Transfer, sub-license, lease or lend, or distribute in any other manners, the Call Defender Applications to any third party;

(10) Make the functions of Call Defender Applications available to another person in any manners, including but not limited to, uploading the Call Defender Applications to any network or file sharing service, or via any host, application service provider, service entity, Saas or any other services;

(11) Interrupt or attempt to intervene the access of any Call Defender Service User , host or network, including but not limited to, distributing virus, overloading, abusing, or sending spam mails to the Website; or

(12) Misstate or misrepresent that you have any relationship with any person or entity.

Said activities are held suspected of infringing IPR and network safety issues. the Company shall be entitled to and will conduct investigation and initiate a legal action pursuant to laws. the Company will work with the competent law-enforcing authority to pursue any person who breaches the Service Term of Service or laws. You acknowledge that the Company shall not be obligated to monitor your access to Call Defender Contents and Call Defender Service or User Data.

11.  Feedback

The Company encourages the Member to evaluate and test Call Defender Contents and Call Defender Service, and to provide the Company with any feedback, comment and suggestion. You irrevocably grant the Company a non-exclusive, sub-licensable, royalty-free and permanent license to produce, use, sell, reproduce, modify, issue and run the feedback, comment and suggestion provided by you. Pursuant to the Service Term of Service, no right or approval in Call Defender Contents and Call Defender Service will be granted to you by said license.

12. Use at your own risk

You shall bear any risk potentially arising from your access to Call Defender Contents and Call Defender Service or User Data. the Company will not be liable for any damage, loss of data or other losses caused to your computer systems or mobile devices by your access to Call Defender Contents and Call Defender Service or User Data. When you start to use the Call Defender Service, You agree the Company has rights to search your Caller ID and User Data, including but not limited to, under the permission from a third party supplier and mobile service operator.

You acknowledge and agree that you shall not rely on Call Defender Contents and Call Defender Service or User Data with any causes to make any decision. You also acknowledge and agree that you shall be responsible for maintenance, backup and protection of your User Data with full power.

13. Disclaimer

The Company will use the contents of Call Defender Contents and Call Defender Service as it is, without any express or implicit warranties or conditions. You expressly acknowledge and agree that you shall use Call Defender Contents and Call Defender Service or User Data at your own risk, including satisfactory quality, performance, accuracy and effort thereof. Without limiting the foregoing, you expressly disclaim any warranties of the Company towards the merchantability or fitness, accuracy, non-interruption or non-infringement of Call Defender Contents and Call Defender Service or User Data, and also any warranties and conditions of the Company towards the process or purpose of transactions.

The Company will not make any warranties towards non-interruption of Call Defender Contents and Call Defender Service, or the compliance of Call Defender Contents and Call Defender Service or User Data with your requirements, or a non-interrupted, safe or error-free service environment, and rectification of relevant defects.

The Company also makes no warranties towards the quality of any product, service or data accessed via Call Defender Contents and Call Defender Service, or accuracy, timeliness, authenticity, completeness or reliability of any data accessed via Call Defender Contents and Call Defender Service or User Data.

Unless otherwise expressly provided herein, any suggestions or data, verbal or written, accessed by you from the Company or via Call Defender Contents and Call Defender Service or User Data will not constitute any warranties. If the service is proven to be defective, you shall bear all expenses related to the maintenance, repairing or correction as required.

14. Indemnity

You shall indemnify and keep the Company and its directors, supervisors, managers, employees and agents harmless against any damages and expenses incurred by a third partys claim, demand, dispute, obligation, damage, loss and expenditure resulting from your login or access to Call Defender Contents and Call Defender Service or User Data, or the Caller ID provided by you, or from your breach of the Service Term of Service, including but not limited to, all reasonable legal and accounting expenses.

15. Limitation of liability

To the extent permitted by applicable laws, the Company will not be liable for any personal injury, or incidental, special, consequential or punitive damages, including but not limited to, any loss of profit, loss of data, interruption of business or other business impairment or loss caused by your access to or failure to access Call Defender Applications, or the same caused by your access to or failure to access in Call Defender Contents and Call Defender Service, irrelevant with whether it is based guarantee, contract, tort or any other legal requirements, or whether the Company has been advised of the possibility of such injury or damages.

You acknowledge that the Company shall not be liable for the following damages: (1) another members or a third partys libelous, offensive or illegal activity, and any damages caused therefrom shall be borne by you; (2) any third partys contents uploaded to or downloaded via the Call Defender Service; (3) any damages caused by the access to your Caller ID; or (4) any dispute or effect arising between you and a third party from your access Call Defender Contents and Call Defender Service.

You agree that the damages arising from your access to Call Defender Contents and Call Defender Service or User Data, if any, payable by the Company to you pursuant to the Service Term of Service or laws shall be applicable only when the damages are caused by Call Defender Contents and Call Defender Service intentionally or negligently, and shall the higher of US$100, or the payment already made by you to the Company for the access to Call Defender Contents and Call Defender Service in the month of occurrence fee to be the damages that Company shall pay. The requirement about said damages limit shall be the fundamental element constituting the contract/service relationship between you and the Company.

16. Severability

If any provision herein is held invalid or unenforceable, the other provisions herein shall remain effective.

17. Waiver

The Company failure to exercise or enforce any right or interest required under the Service Term of Service shall not constitute its waiver to such right or interest.

18. Governing law and jurisdiction

Where the Company has provided a translation of the Chinese language version of the Terms of Service (hereinafter referred to as "Chinese Version"), the Chinese Version will govern the relationship between Call Defender Service User and the Company. In the event of a contradiction between the Chinese Version and a translation, the provisions in the Chinese Version shall take precedence over any other translation. The legal dispute arising from your access to Call Defender Contents and Call Defender Service, if any, shall be governed by the Taiwan R.O.C. laws without involving the application of law in civil relations with foreigners. You also agree that the dispute shall submit to the jurisdiction of Taiwan Taipei District court, R.O.C. in the first instance.

19. Entire agreement

The Service Term of Service shall constitute the entire agreement between you and the Company with respect to Call Defender Contents and Call Defender Service, and shall supersede any prior agreement between you and the Company with respect to the same.

 

Revision on February 18, 2017