In order to protect the rights of consumers (hereinafter referred to as Party A) in using the online game service of “Eternal Scarlet” (hereinafter referred to as the Game) provided by Game Shinkansen Technology Co. In addition, since these terms and conditions may change from time to time, in order to protect the rights and interests of Party A, please check them regularly!
Party B’s information:
Name: Gameflier Technology Co.
Representative: Wang Junbo
Address: 8F, No. 95, Sec. 2, Nangang Road, Nangang District, Taipei, Taiwan
1 . Effect and Scope of Consent
1.1 Party A understands that once Party A checks the “Agree” box and clicks the “Confirm” button, it means that Party A has reviewed and understood all the terms and conditions of these Terms and Conditions, and shall comply with these Terms and Conditions and the game management rules related to the game.
1.2 If Party A is an incapacitated person (such as a minor under 7 years old), his/her legal representative shall apply for the game service; if Party A is a person with limited capacity (aged 7 or above but under 20 years old), his/her legal representative shall give his/her consent.
1.3 If a person with limited capacity does not give consent or if a person without capacity does not have a legal representative to pay for the points, and the legal representative requests for a refund, the legal representative may follow the procedures announced on Party B’s official website, prepare supporting documents and submit an application, and after Party B’s confirmation, refund the unused game fees to Party A.
1.4 If Party B is a person with limited capacity or incapacitated, in addition to complying with the provisions of paragraph 2 of this Article, Party B shall not use the game service until Party A’s legal representative has read, understood and agreed to all the contents of these terms and conditions, and the same applies to the changes of these terms and conditions.
1.5 In order to promote the sound physical and mental development of children and adolescents and to protect their related rights, Party A understands that the Game is classified as “PG 15” under the classification standard of “Game Software Rating Regulations”. Once Party A checks the “Agree” box and clicks the “Confirm” button, it means that Party A has met the age requirement for using the services under the relevant laws and regulations.
2 . Scope of application of the terms and conditions
3. Content of the Terms
The following shall be deemed to be part of these Terms and Conditions and shall have the same effect as these Terms and Conditions.
3.1 The content of Party B’s advertisement or promotion of the Service.
3.2 The game rate table and the game management rules.
Incase of doubt, these terms and conditions shall be interpreted in Party A’s favor.
4. Game points Top-up
4.1 In order for Party A to experience the nature and fun of the game, then understand own consumption needs before purchasing virtual objects,
4.2 Once Party A Purchases Party B’s game points or related product package, Party A has confirmed use of Party B’s services, and the game points deposited into the account shall not be transferred to any third party.
4.3 if there is any problem related to Top Up or product packages, please contact Party B’s customer service, and Party B will help Party A to deal with it.
5. Refund of game package and software
Party A may request a full refund from the original purchaser within 7 days after purchasing the game package(e.g. Game package)or paying for downloading the related software (e.g. game program that can be downloaded only after paying for it), without giving any reason and bearing any cost.
In the preceding case, if the original purchaser does not or cannot handle the matter, Party B shall refund the fee immediately upon Party A’s request. Party A may request a refund from Party B for any unused paid purchase points.
6. Service scope
The service provided here is Party B provides a web server for Party A to access the Game through Internet connection. However, this does not include the application for Internet providers and the provision of all hardware and equipment required for Internet access.
7. Game Registration
7.1 When Party A applies to use the Game, it shall register its personal information on the Game website that matches its identity document. If the personal information registered by Party A is incorrect or has changed, Party A shall correct it immediately. If Party A intentionally posts inaccurate personal information, Party A shall bear the risk of not receiving the notification and may commit the crime of forgery of private documents under Article 210 of the Criminal Law. If Party B suffers any loss, Party A shall be held legally responsible.
7.2 If Party A does not provide correct personal information or the information originally provided is not true and has not been updated, Party B may suspend the service (but not limited to suspending the service of Game Progress and Game History Inquiry) before Party A provides true information or updates the information.
7.3 Party A’s consent to these terms and conditions is presumed to have obtained the permission of the legal agent or to be in compliance with the legal act.
7.4 Party A may notify Party B by email or letter within 7 days after the commencement of the game to terminate these terms and conditions without giving any reason or bearing any cost. After the termination of these Terms and Conditions, Party A may request refund from Party B for unused Top-up value.
7.5 Party A agrees with Party B to recover the game characters, accounts, virtual objects, etc., including Party A’s game characters, accounts, virtual objects, etc., in connection with the termination of the preceding clause.
8. Definition of Terms
The terms are defined as following:
8.1 Online Game: The software that enables Party A to connect with other unspecified majority of people to play the Game at the same time through the Internet connection via the web server set up by Party B.
8.2 The game website: refers to the website built by Party B to provide the game service.
8.3 The game management rules: refers to the rules established by Party B to regulate the way of playing the game and the rules of members’ behavior.
8.4 The game history: refers to the electromagnetic records that Party B’s computer system can provide when Party B carries out the game.
8.5 Top-up: The amount or the remaining amount that Party B is paid in advance by Party A.
8.6 Plug-in program: A program that is not provided by Party B for the purpose of influencing or changing the operation, operation and conduct of the Game.
8.7 Start game: means when we apply for the game service provided by Party B.
8.8 The game package: refers to the application program that has main and sub-programs and can execute all functions of the game completely.
8.9 Downloading related software: It means the application program of the game downloaded from the internet.
8.10 Necessary cost: It refers to the cost and expense that Party B has spent or paid to the third party to fulfill the terms and conditions (including channel cost, entrusted business fee and other cost and expense, which is 35% of Party A’s Top Up value).
9. Bill Standard
9.1 If the game service (e.g. game shop, online store, etc.) provides points, commodities or other services (e.g. virtual currency or treasures, advanced props, etc.) that require additional payment by Party A, Party B shall announce them on the home page of the game website, the game login page or the purchase page, stating the payment method and commodity information.
9.2 When the rate of the game is adjusted, Party B shall announce it on the official website of the game, the game in progress and the game login page or the game announcement system, 30 days before the adjustment effective date. Party B shall notify Party A according to the information registered by Party A.
9.3 If the new rate is higher than the old rate, the stored value that Party A has registered in the game website before the effective date of the new rate shall be charged according to the old rate.
9.4 Party A shall ensure that the information stored in Party B is correct, and if there is any change, Party A shall notify Party B immediately. Party B shall be presumed to have delivered the notice when Party B sends the notice with Party A’s data stored in Party B.
10. Information that should be stated in the Game
Party B shall state on the game website, game login page, purchase page and the game package following:
10.1 According to Game Software Rating Regulations, mark the level of game classification and suitable age group.
10.2 The minimum software and hardware requirements for the game.
10.3 If the game provides a security lock device, Party A can set the number without dialing fee, but if Party A needs to change the setting, according to the official website announcement, Party A will be paid for the service fee.
10.4 There is a chance of winning a product or activity by paying for it, there should be a reminder that “this is a chance of winning a product, and the consumer’s purchase or participation in the activity does not mean that he/she will receive the specific product”.
11. Effectiveness of the Terms and Conditions
12. Use of account and password
Party A shall create its own account and password in the manner specified by Party B to complete the registration process, and Party A shall keep the account and password by self. Once the account is set up, it cannot be changed and shall be used by Party A only. Party A shall not transfer or lend the account and password to a third party, and Party A shall be responsible for any disputes from it (e.g. account and password giving or sharing to others for use; purchasing another person’s game account for use).
Password changes shall follow the modification method provided by Party B. Party B (including customer service staff and game administrators) will never take the initiative to ask Party A’s password. Party A shall be fully responsible for keeping the account and password save. If the account and password are used illegally by others due to poor save, Party A shall be responsible for the situation which can be attributed to Party A.
Party B shall retain Party A’s account and the electromagnetic records within 30 days after the termination of the contract.
If these terms and conditions are teminited by Party A, Party B shall have the right to continue to use the account and the electromagnetic records.
If Party A has not renewed the account after 30 days of termination, Party B may delete the account and all information attached to the account, except as otherwise provided by law.
13. Notification and Handling of Illegal Use of Account and Password
If either party finds that the account or password has been used illegally, it shall immediately notify the other party and Party B shall verify it. After Party B confirms the aforementioned, it can suspend the right to use the account or password and help Party A to set a new password. Immediately restrict the third party’s right to use the game service and reveal the relevant handling methods in the game management rules. Party B shall immediately notify the aforementioned third party with the announcement on the game website, newsletters, emails, tweets or other means agreed by both parties from the moment the right to use the game is temporarily restricted. Party B shall immediately notify the aforementioned third party with the announcement on the game website, newsletters, emails, tweets or other means agreed by both parties from the moment the right to use the game is temporarily restricted. If the third party does not submit the explanation within 7 days from the time of receiving the notice, Party B shall directly reply to Party A the electromagnetic records that have been improperly transferred. If restoration is not possible, the third party may be released from the restriction after restoration by means of other mutually agreed compensation. However, if Party B provides free security devices (e.g. anti-theft cards, telephone locks, etc.) and Party A does not use them or if there are other reasons that can be attributed to Party A, Party B shall not be responsible for restoration or compensation.
If the third Party does not agree with the business operator’s handling, Party A may follow the procedure through judicial.
Party A shall be liable for any legal responsibility if Party B’s rights are damaged due to untrue claims.
14. Preservation and inquiry of game history
14.1 Party B shall keep the game history records of Party A for 30 days, for Party A’s inquiry. If the electromagnetic records is exceeded, Party B cannot accept Party A’s inquiry application.
14.2 Party A may apply for access to Party A’s personal game history online, or in person at Party B’s service center, and shall submit personal information that matches with identity documents for inspection.
14.3 When Party B receives Party A’s inquiry application, Party B shall provide Party A’s game history as listed and provide the information by storage media such as CD, magnetic disk letter or email within 7 days.
15. Personal Information
15.1 The protection of personal information shall be accordance with the personal information protection law and related laws regulations.
15.2 Party B shall not sell, exchange, lease or disclose Party A’s name, address, email address, or other personal information protected by law without Party A’s consent, except as required by law or government agencies.
15.3 Party A agrees that Party B or Party B’s partner may use Party A’s personal information to provide other service to Party A.
15.4 Party A agrees that Party B may use Party A’s personal information as membership statistics. If such statistics do not involve the disclosure of Party A’s personal identity, Party A agrees and allows Party B to use it for any lawful public purpose.
15.5 Party B may disclose Party A’s personal information or the game history in accordance with the law when the following circumstances occur.
15.5.1 In accordance with the law and the requirements of the government agencies.
15.5.2 To protect Party B’s property and rights.
15.5.3 In case of emergency to protect the personal safety of Party B’s members or the public
15.5.4 The game record related to any third party, which is accessed by any third party to Party B.
16. Electromagnetic Records
16.1 All the electromagnetic records of the game belong to Party B, and Party B shall maintain the integrity of Party A’s relevant electromagnetic records.
16.2 Party A has the right to use and control the aforementioned electromagnetic records, but it does not include the transferring and other behavior of the scope of the game service. Party A may consume or use them in accordance with the game settings until the expiration of the set period or conditions or the termination of the game services.
16.3 To protect the rights and interests of Party A, please do not purchase virtual currency, props, virtual treasures, points or gifts through any form of purchase channels not authorized by Party B, including but not limited to trading platforms, game treasure dealers, etc. Party B would not do any handling and after-sales service for the problems and disputes derived from them, and both parties of the purchase and sale shall be responsible for all legal responsibilities.
17. Connection quality
17.1 If the system equipment of Party B is shut down due to pre planned system maintenance, it should be announced on the website before 7 days and notified when Party A logs in, and the shutdown information should be released while this game is in progress. If the system maintenance is temporarily shut down due to sudden abnormality of the game or system vendor’s adjustment of the line, or for reasons that cannot be attributed to Party B.
17.2 If Party A cannot connect to use the game service due to the reasons attributable to Party B, Party B shall correct or repair immediately. Party B shall return the game fees or goods if Party A has been deducted from the game fees or goods during the period of inability to use, or provide other reasonable compensation if it is impossible to do so.
18. Responsibilities of both parties
18.1 Party B shall provide the game related information on this game website and update it regularly.
18.2 Party B shall be responsible for maintaining its own computer system in accordance with the provisions of these terms and conditions to meet the security that can be reasonably expected by the prevailing technology or professional standards when providing this service.
18.3 If the computer system or electromagnetic records are damaged or the computer system operates abnormally, Party B shall take reasonable measures to restore it as soon as possible.
18.4 If Party B violates the first two provisions or causes damage to Party A due to the loopholes of the game program, Party B shall be liable for damages according to the circumstances of damage to Party A. However, if Party B can prove that it is not at fault, it may reduce its compensation responsibility.
18.5 If the situation mentioned in the second paragraph occurs in Party B’s computer system, Party B shall not charge Party A until the repair and normal operation is completed.
18.6 Party B shall not assist Party A to deal with any disputes with third parties arising from the sharing of accounts or commissioning others to pay for the purchase of points.
18.7 Party A agrees that if the products or services (including but not limited to game accounts or virtual props) purchased by Party A cannot be used normally due to the reason attributable to the Company and Party A’s rights are damaged, Party A agrees to follow the compensation plan provided by Party B.
19. Game management rules
19.1 In order to regulate the way the Game is conducted, Party B shall establish reasonable and fair rules for the management of the Game, and Party A shall comply with the rules for the management of the Game announced by Party B, relevant laws and regulations of the R.O.C and all international Internet regulations and practices, and shall be legally responsible for all contents transmitted through the Service.
19.2 Party A shall not publish, disseminate or transmit any speech or information in the service that violates public order and good customs, or infringes on the relevant rights and intellectual property rights of any third party.
Changes to the game management rules shall be made in accordance with the procedures in Article 22.
19.3 The game management rules shall be invalid if any of the following circumstances apply.
19.3.1 Contradict the provisions of these terms and conditions.
19.3.2 To deprive or restrict Party A’s rights on these terms and conditions.
However, Party B shall not deal with such cases in accordance with the provisions of Article 20.
20. Handling of violation of game management rules
Unless otherwise stipulated in these terms and conditions, if it is proved that Party A violates the game management rules in the game service, Party B shall announce it on the official home page, game login page or purchase page, and notify Party A according to the communication information registered by Party A.
If Party A violates the game management rules for the first time, Party B shall notify Party A to make improvement within a period of time. If Party B does not improve the game after Party B has notified Party A, Party B may restrict Party A’s right to use the game according to the severity of the situation in accordance with the game management rules. If Party A violates the game management rules again due to the same reason, Party B may immediately restrict Party A’s right to play the game in accordance with the game management rules.
Party B may restrict Party A’s right to play games in accordance with the game management rules for no more than 7 days each time.
21. Right to appeal
21.1 If Party A is dissatisfied with the quality of connection, game management, fee billing and other related services provided by Party B, or is not satisfied with the disposal of Party B according to the game management rules, Party B may submit a complaint to Party B’s service center or by email or letter within 7 days from the day after receiving the notice.Party B shall reply the result within 15 days after receiving the complaint.
21.2 Party B shall specify the service hotline, email and other related contact information in the game website or game management rules. Party B shall specify the 24-hour complaint channel.
21.3 Party A shall follow the first provision for complaints about the use of plug-ins by third parties or other complaints affecting the fairness of the game.
22. Change of Terms and Conditions
22.1 When Party B modifies these terms and conditions, Party B shall announce it on the official website of the game, the game login page or the purchase page, and notify Party A according to the information registered by Party A.
22.2 If Party B does not make the announcement in accordance with the preceding paragraph, the change of these terms and conditions shall be invalid. Within 15 days after the first announcement, Party A shall following:
22.2.1 If Party A does not object, Party B will continue to provide the game service according to the content of the changed terms and conditions.
22.2.2 If Party A opposes, Party B will terminate the terms and conditions.
23. Termination and Refund of fees
23.1 Party A needs to notify Party B to terminate these terms and conditions at any time.
23.2 If Party A has not logged in to use the game service for more than one year, Party B may notify Party A to log in within 15 days, and if Party A has not logged in to use the game service by that time, Party B may terminate this contract.
23.3 If Party A has one of the following significant events, Party B may terminate this clause immediately after Party B notifies Party A according to Party A’s registration information.
23.3.1 Use any system or tool to maliciously attack or destroy Party B’s computer system.
23.3.2 Use plug-ins, viruses, game program bugs or other ways that violate the normal settings of the game to play the game.
23.3.3 Paying for points or in-game goods by impersonation, fraud or other falsification.
23.3.4 Violation of the game management rules for the same reason for more than 3 times, and has not been corrected after being notified in accordance with Article 20, Paragraph 2.
23.3.5 Any illegal acts are detected by judicial agencies.
23.4 If Party B makes a mistake in the determination of the foregoing facts or is unable to prove them, Party B shall be liable for damages to Party A.
23.5 When these terms and conditions are terminated, Party B shall refund Party A the unused paid points or game fees within 30 days by cash, credit card, money order or registered cheque after deducting the necessary costs, or handle the aforementioned points or fees in a mutually agreed manner.
23.6 The scope of Party B’s refund shall be limited to the total amount of Party A’s Top-Up value. In the order of Party A’s consumption of game points, the points purchased with Top-up value shall be deducted first, followed by the game points obtained by Party A not due to Top-up value.
24.2 Party A shall notify Party B immediately of any changes to the registration data. If Party B fails to deliver or rejects the notice due to the negligence of Party B to change the information or for other reasons attributable to Party A, Party B’s notice shall be deemed to have been delivered when it is sent.
24.3 If Party B is unable to deliver the notice due to Party A’s intention or negligence, Party B shall not be liable for any damages caused by Party A’s failure to deliver the notice.
25. Termination of Operation
If Party B terminates the operation of the game service, Party B shall announce the termination on the homepage of the game website, the game login page, or the purchase page 30 days before the termination; if Party A has registering the account, Party A shall be notified according to the information registered by Party A.
If Party B fails to announce and notify Party A in accordance with the preceding period, Party B shall not only refund Party A the unused paid purchase points or game fees without deducting the necessary costs, but also provide Party A with other reasonable compensation.
26.1 The game software, manuals and all related peripheral products are protected by copyright law, and the game may not be copied, reproduced or modified in part or in whole in any way without Party B’s permission. Party A shall not use the game to make any peripheral products without Party B’s paper consent.
26.2 Party B has the exclusive right to operate the Game in the licensed areas (Singapore, Malaysia, Indonesia, Vietnam, Philippines, India, Brunei). Party A shall not use any method to provide operating (or hosting) services, intermediary services, or intercept, emulate or redirect to them. These prohibited methods include, including setting up private servers, reverse engineering, modifying the Game, adding new components, or using certain tools to provide the Game’s operating (or hosting) services.
27. Governing Law and Competent
These terms and conditions shall be governed by the laws of the R.O.C.
The parties agree that the Taipei District Court shall be the court of first instance for all disputes arising under these terms and conditions, including the application of Article 47 of the Consumer Protection Act, Article 28(2) and Article 436(9) of the Civil Procedure Act, which provide for the jurisdiction of small claims.