Member of YOGAME TECHNOLOGY LIMITED Gaming Platform (please fill in the personal information in registration page) (hereinafter referred to as "Party A") YOGAME TECHNOLOGY LIMITED (hereinafter referred to as "Party B")
E-mail: cs@yogame.ltd
To protect the interests of Party A, please go through all contents of the Terms of Service before registering as a member of YOGAME TECHNOLOGY LIMITED gaming platform (hereinafter referred to as "Game Website") and using the various member services provided by Party B. Once Party A pressed "I agree", it means that Party A meets the minimum age requirement and is willing to comply with all terms of this Agreement.
Party A is required to review in detail and understand this Agreement for up to three days or more, and then press "Agree to comply" to finish the process of Chartered Membership.
As for the application for membership or game services, if Party A is incapacitated, the application shall be done by his/her legal representative. If the applicant is a person limited in disposing capacity, limited capacity, he/she shall obtain the legal representative's consent.
1. The scope of application of this Agreement
Party B provides Party A with online gaming services and other related services (hereinafter referred to as the Service), the rights and obligations of both parties on the Service are based on all terms of this Agreement.
2. Contents of this Agreement
The following contents are considered as a part of this Agreement, and have the same force and effect as this Agreement:
(1) The notices, promotion regulations, or the advertising contents of Party B which are related to the Service.
(2) Any contents transferred in game servers or via game platforms by users does not reflect the opinions or policies of YOGAME TECHNOLOGY LIMITED, and YOGAME TECHNOLOGY LIMITED shall not take any responsibility.
(3) The rate tables and game management rules and regulations. Where the terms and contents are ambiguous, interpretations shall be made in favor of the consumers.
3. Description of the Service
Game Website is a network payment platform provided by Party B and Party A may enjoy several services provided in this Game Website, such as games, entertainments, shopping, etc. The Game Website will provide more services to members in the future.
When using the Service, Party A is responsible for the necessary components and communication fees which enable the accessibility to the internet.
4. Terms Definition
(1) Online Game: refers to an application that allows Party A to play games with many other users by using Internet to connect the network server which is set by Party B.
(2) Game Website: refers to the website built by Party B to provide the game services.
(3) Game Currency: refers to the virtual currency served to Party A when Party A spend money by certain ways based on Party B's regulations.
(4) Game Management Regulations: refer to the rules set by Party B to regularize the gaming ways without affecting the rights and obligations of both parties on the Agreement.
(5) Game Process: refers to the gaming record of Party A which is recorded by system from the beginning of Party A using the Service to Party A ends the Service.
(6) Pausing Game Permissions (suspension): refers to the methods used to restrict users from logging in the Game Website or using the game account, and suspend Party A from using the Service provided by the website.
(7) External Software: refers to the program which is not provided by Party B, but aimed at affecting or changing the online game operation of Party B.
(8) Necessary Costs: refer to the costs to fulfill this Agreement or the fees to a third person paid by Party B.
5. Extraordinary Purchase and Sale
Party A may notify the business operators by written notice or e-mail to rescind this Agreement within 7 days upon beginning to play the game without stating reasons or paying any expenses or the purchase price. Party A may ask Party B for refund after deducting the gifted currency by Party B from the unused purchased currency.
6. Change and notice of regulations of charging standard
All fees and charges of the Service will be published on every game page.
When the rate needs to be adjusted, Party B shall make an announcement on the Game Website, in game and in the login page 30 days before the adjustment is effective. If
Party A uses e-mail to register, Party B shall notify Party A by e-mail.
When the rate is adjusted, the fees and charges shall refer to the new rate from the effective date. If the new rate is higher than the old rate and Party A has logged in the website and purchased via the website before effective date of new rate, the fees and charges shall refer to the old rate.
As for the users using hourly rates, the charge unit is one hour per time.
7. Statements that shall be stated clearly of the Service
Party B shall state the following issues on Game Website and on the outer packing of gaming accessories:
(1) The age-based ratings level based on IARC.
(2) The minimum hardware and software requirements to use the Service.
(3) The rights and interests about refund which are listed on the first term of article 8.
(4) The free or paid information of the safety device.
8. Refund of game accessories and applications
(1) Party A shall ask the seller for the whole refund within 7 days upon purchasing the game accessories or paying to download relevant applications. As for this situation, if the seller does not handle or is not able to handle, Party B shall refund to Party A as required.
(2) As for the situation above, Party B or the dealers of Party B shall refund to Party A as required.
9. Intellectual Property
(1) As for all works and materials of the Game Website, the copyright, patent, trademark, business secret, other intellectual property right, proprietary rights, or other rights belong to Party B or its obligee. Unless getting the legal authorization from Party B or the individual obligee, Party A shall not use the materials in any form, such as to remake, transfer, recompose, or edit for any purpose. Otherwise, the violators shall be held responsible according to regulations and laws.
(2) If Party A acts in any violation of laws or infringing the intellectual property rights of another person or entity, once received the order from the public organ, judicial organizations, or other government agencies, Party B may provide the relevant institutions with Party A's member registration information, online time, and game process record as evidence without Party A's permission. And this Agreement will be immediately terminated.
10. Use and the care of account and password
(1) Party A shall set a set of account and password in the registration procedure of the Service, after confirming of Party B's Game Website, the account and password are set.
(2) This set of account and password is for the use of Party A.
(3) The account shall not be changed once set, the related password may be changed based on the changing rules provided by Party B. Party A shall take the responsibility to keep this set of account and password safe without transferring, handing over, disclosing, or lending to any third person. If there are disputes because of such behaviors, Party A shall take the responsibility by his/her own.
(4) Any staff (including customer service and game master) of Party B shall not actively ask for Party B's password.
(5) Party B shall retain Party A's account and electromagnetic record for 30 days after the Agreement is terminated.
11. Notice of illegal use of account and password
When either party finds that there is any third person illegally using Party A's account or the safety of use being damaged, this party shall notify the other party at once. When Party B receives report from Party A, or Party A confirms the situation after receiving the messages from Party B, Party B shall suspend the right on the use of the set of account or password, and change new account or new password for Party A.
As for the situation above, Party B shall return the deducted money or compensate the same value of virtual currency in game to Party A, but it also makes sense that the responsibility belongs to Party A, the situation is not subject to this restriction.
12. Handling when the electromagnetic record is inappropriately transferred
(1) If Party A finds that the account and password are illegally used, and the electromagnetic record is improperly transferred, Party A shall immediately notify Party B for verification. After Party B check the personal identity of Party A, and confirm that the IP address is not included in the addresses which have been used by Party A, Party B shall freeze the account and temporarily suspend the right on the use of the Service of the relevant online game's user.
(2) Party B shall notify the third person who possesses the mentioned electromagnetic record by written notice or e-mail to make a statement when the right on the use of game is suspended. If the third person doesn't provide any statement within 7 days after receiving the notice, Party B shall reply Party A with the electromagnetic record which is improperly used. If Party B shall not reply with such record, Party B may compensate Party A in other ways after both parties reach a consensus. After replying, Party B shall remove the suspension for the user of the relevant online game. Only when Party B have provided free safety devices (such as Keyless go, Phone lock, etc) but Party A didn't use that shall Party B reply Party A with the electromagnetic record which is improperly used.
(3) When the third person who possesses the mentioned electromagnetic record doesn't agree with the handling of Party B mentioned above, Party B shall take legal action to handle the case by lodging a police report.
(4) When Party B suspends the right of use of Party A, Party B shall not charge fees from Party A during the suspending period.
(5) If Party A reports false information and causes the rights of Party B or other users of online games being harmed, Party A shall take all legal responsibility.
13. Handling when the electromagnetic record is inappropriately transferred
(1) Party B shall keep Party A's personal game process record for 30 days for Party A's consulting. Party A shall write to Party B by e-mail or visit the customer center of Party B to apply for the review of Party A's personal game process record with personal information which are related to the identification documents for check. The query fee is 200 TWD and shall be borne by Party B.
(2) When Party B receives the query application from Party A, Party B shall provide Party A's personal game process record listed above in storage medium such as disk or by e-mail.
(3) All electromagnetic records of the Service belong to Party B, Party B shall maintain the integrity of Party A's relevant electromagnetic records. Party A knows that all the electromagnetic records of the Service are only used for providing game fun and experience when playing. These records can not be used for pecuniary exchange.
(4) Party A has the rights to control the electromagnetic records mentioned above. If Party A doesn't provide the real personal information or update the old information, Party B shall terminate this Service (including, but not limited to, suspending Party A from playing game or terminating the query service for game process). If Party A doesn't provide the real personal information or update the old information, Party B is not responsible to any loss of Party A caused by this Agreement.
14. Privacy
About the protection of personal information, the handling is based on Personal Information Protection Act and the related law regulations. Please refer to Privacy Policy to check the related regulations.
15. Information Disclosure
Party B shall provide the related information of this game on the Game Website and update it periodically.
16. Network Quality
(1) As for the situation that the related users use telecommunications line facilities of telecommunications enterprises, if there causes losses because of incidents which are out of Party B's control, such as errors, delay, interrupt, or nondelivery caused by telecommunications line facilities error or interrupt, Party B shall not be held liable for compensation.
(2) If Party B plans to maintain server because of the requirements of system and machines, Party B shall make an announcement on the Game Website 7 days before maintenance, notify Party A when Party A login, and release notice in game.
(3) Party B shall confirm that the machine will not occur situations such as errors, graphic pausing, delay, interrupt, or nondelivery. If Party B can not provide service to Party A because of such situations, Party B shall return the deducted money to Party A, make the corresponding game fee free to charge, or extend Party A's gaming time.
17. System Security & Program Bug
(1) Party B shall maintain the computer system to meet the professional standard of safety when providing the Service according to the regulations of this Agreement.
(2) When the computer system or the electromagnetic record is damaged, or when the system operates abnormally, Party B shall take proper measures to recover it as soon as possible.
(3) When Party B violates the two terms above and causes losses of Party A, Party B shall be held liable for compensation based on the loss situation of Party A. If Party B can prove that it's the liability without negligence, the compensation shall be decreased.
(4) When the situations mentioned in the second term occur, Party B can not charge from Party A before the system is back to work normally.
(5) When Party A suffers losses because of program bugs, Party B shall be held liable for compensation based on the loss situation of Party A. If Party B can prove that it's the liability without negligence, the compensation shall be decreased. If the server of Party B overloads and makes the electromagnetic record unable to be written or similar situations occur, Party B shall reopen the server and recover the game process to the status before the server occurs problem.
18. Game Management Regulations
(1) To normalize the ways to play game, Party B shall set several reasonable and fair game management regulations, and Party A shall comply to these regulations.
(2) The change of game management regulations shall be based on Article 12.
(3) When there is one of the regulations related to the following situations, that regulation is invalid:
• Regulation which conflicts with this Agreement
• Depriving or limiting Party A's rights on this Agreement. But the situation of Party B's handling being based on Article 19 is not subject to this restriction.
19. Handling of violations of the game management regulations
Unless otherwise stipulated by this Agreement, when there is an evidence to proof that Party A violates the game management regulations, Party B shall make an announcement on the Game Website and in game, and notify Party A by online real-time communication methods or e-mail. As for the users who receive the notice but do not correct the improper behaviors, Party B shall suspend the right on the use of the game of Party A according to the seriousness of the cases based on the game management regulations.
The duration of Party B suspending the right on the use of the game of Party A based on the game management regulations can not be more than 7 days. Besides from the cases which cause the termination of this Agreement, Party B's handling to Party A based on the game management regulations can not affect the other legitimate rights of Party A of this Agreement.
20. Right of Appeal
When Party B is not satisfied with the network quality, game management, fees, the quality of other relevant services provided by Party B, or dissatisfied with the handling of Party B based on the game management regulations, Party A may appeal by written notice or e-mail within 7 days after receiving the notice. Party B shall reply the result of handling within 15 days after receiving the appeal.
Party B shall state expressly the channel to appeal and the e-mail address on the Game Website and in the game management regulations.
21. Change of Agreement
(1) When Party B modifies this Agreement, Party B shall make an announcement on the first page of Game Website and the login page in game, and notify Party A by written notice or e-mail.
(2) If Party B doesn't make the announcement and notice mentioned above, the change of Agreement is invalid.
(3) Within 15 days after Party A receives the notice of the first term:
• if Party A doesn't show any disagreement, then it will be counted as Party A accepting the change of Agreement of Party B.
• if Party A shows disagreement, then it will be counted as a notice to Party B that Party A terminates this Agreement.
22. Termination of Agreement & Refund
(1) Party A may notify Party B to terminate this Agreement by written notice or e-mail at any time.
(2) If Party A consumes in the Game Website or in game but delays to pay, Party B will suspend Party A's game permission temporarily after notifying Party A.
(3) When this Agreement is terminated, Party B shall refund the unused money in game to Party A by cash, credit card, draft, or registering check after deducting the necessary costs and gifted virtual currency within 30 days after Party A finishes the application procedure for refund. Since Party B needs to pay a certain portion of payment channel costs when selling Points Card or other payment items, this part of costs is counted as the necessary cost of Party A, thus, the refund will be deducted by 30% as necessary costs when Party A applies for refund.
(4) If Party A is related to one of the following serious situations, Party B shall terminate this Agreement at once after notifying Party A by written notice or e-mail :
• Using any system or tool to sabotage or attack Party B's computer system.
• Playing game by using unreasonable and unfair methods, such as external software, virus program, game program bugs, etc.
• Not paying within 30 days after Party B suspends Party A's game permission based on the second term.
• Being ferreted out to transgress into illegal behavior by judicial organizations.
When Party B makes mistakes about the mentioned situations or can not proof the situations are true, Party B shall be held liable for compensation for Party A.
23. Account deletion and management:
(1) Expired account: For Party A's account that has not logged into the game website and not used the service for one year or more than one year with unused points in the account, Party B shall announce and notify Party A in writing or email. If Party A does not log into the website and not use the service within 30 days after the notification, Party B may delete the account and withdraw the relevant virtual game kit.
(2) Apply for account deletion: The request of Party A to delete the account could be applied by themselves through the Member Center → [Account Cancellation] button. Please note that this action cannot be recovered once confirmed.
24. Delivery
(1) As for all notices about this Agreement, Party A agrees that Party B send these notices to the contact address or e-mail address which is filled in by Party A when logging in.
(2) If the address has changed, Party A shall notify Party B at once and Party B shall send the notices to the newest address.
(3) After sending, when the written notice or the e-mail arrives Party A's address, it means the notices are sent successfully.
(4) If Party B can not send the notices to Party A because of Party A's intent or mistake, Party B is not responsible to compensate for the losses of nondelivery.
25. Proper Law & Competent Court
(1) Both parties agree that the interpretation and application of this Agreement, the relevant game management regulations, and the relationship of rights and obligations between Party B and Party A when using this Service shall be construed in accordance with and governed by the laws of the R. O. C..
(2) If there is a necessary of prosecution for the issue caused by this Agreement, both parties agree that the Taipei District Court shall be the competent court with jurisdiction in the first instance.
(3) However, this does not exclude the application of Article 47 of the Consumer Protection Act or Article 436-9 of Civil Procedure Code for the small-claim proceeding.