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TERMS AND CONDITIONS
Thank you for joining the membership system of Wayi international Digital Entertainment Co., Ltd. (the “Company”), and you will be allowed to use all the Gaming Services provided by AirFun (the “Gaming Service”). To protect your rights, please read the entire content of this Terms of Service provided in this Contract carefully. After ticking “I agree” online and completing the registration or when starting to use the Gaming Service, it means you have already perused, acknowledged, and will comply with the agreement specified in this Terms of Service. If holding any questions about or feeling disagreeable with the content of this Clause after that, you will not be able to use the Gaming Service any longer.
The examination period of this Contract shall be limited to 3 days.
Consumer (“Party A”. Please fill out this form according to member registration procedure).
Name of the business operator: Wayi international Digital Entertainment Co., Ltd. (“Party B”)
Representative: Chang Hsieh-Chien
Business office: 114 4F-1, No. 22, Lane 407, Sec.2, Tiding Blvd., Neihu District , Taipei, Taiwan
GUI No.: 84453385
Article 1: Legal Agent
Where Party A signing this Contract is the legally restrictive capacity person, he shall be agreed by Party A’s legal agent in order to formalize this Contract. In the event Party A is a legally incapacitated person, this Contract shall be executed by the appointed legal agent on his behalf.
Where the game points are purchased by a restrictive capacity person without being agreed or the incapacitated person without being paid by the legal representative that the fare refund is upheld by the legal representative, the legal representative may prepare supporting documents for submitting the application according to the process announced on the website. After being confirmed by Party B, the unused game pay shall be returned to Party A.
Party B shall indicate the following Chinese language messages in the game login page or the purchase page provided along with the homepage of its website stating that where Party A is the restrictive capacity person or the incapacitated person, in addition to meeting the requirements specified in Item 1, he shall be allowed to use the Gaming Service after the entire content of this Contract is perused, acknowledged and agreed by his Legal Representative. The same requirements shall apply to changes in this Contract.
Article 2: Application Scope of the Contract
When providing the network online Gaming Services and other relevant services (the Gaming Service) to Party A, the rights and the obligations relating to the Gaming Service between both Parties shall be defined according to the agreement specified in the clauses of this Contract.
Article 3: Ingredients of the contract
Following items shall be considered as one part of this Contract and shall be enforced with the effect equivalent to the clauses of this Contract:
- The content of advertisements or promotions claimed by Party B for the Gaming Service.
- Fare table relating to the billing-based game and the Game Management Rules.
If any question arises over the clauses of this Contract, the resulting interpretation shall be favorable to Party A.
Article 4: Definition of terms
Define below is the meaning of the terms used in this Contract:
- Network online game: Means the online games used by Party A by linking the Internet to the server designated by Party B via PC, smart device, or other types of electronic carrier. However, it does not include the electronic game machine, pure area online, or the Gaming Services that can be accessed without going through a network-linked game server as being specified in the Electronic Game Industry Management Code.
- Gaming Website: This means the website implemented by Party B for providing the Gaming Service.
- Game Management Rules: Refers to the rules that are established by Party B for regulating the game playing method and that will not affect the rights and the obligations of both Parties under the contract.
- Gameplay: Means the electromagnetic record maintained by the PC system for the game playing process as being conducted by Party A starting from the time the game is logged in until it is being logged out.
- Plug-in Program: This means the program is not provided by Party B in order to affect or change the game operation being linked to Party B’s network.
Article 5: Scope of Service
The Gaming Service provided for this Contract shall include the Gaming Service that will be logged in by Party A for linking to the server designated by Party B through the Internet. However, it shall not include the services where Internet access is requested by Party A from the Internet access service operator and other kinds of hardware devices required for connecting to the network.
Article 6: Game Login
When applying for using the Gaming Service, Party A shall access the Gaming Website in order to log in the personal information or other types of the necessary information that is identical with the identity document. To protect the rights of Party A in using the Gaming Service, the information provided by Party A shall be allowed for validating their identity. If any error or change occurs, Party A shall immediately inform Party B for updating.
If it would be required for Party B to contact Party A regarding the rendering of the Gaming Service and where Party A fails to provide correct personal information or where the information originally provided is untrue and has not been updated, Party B may suspend the gaming rights of Party A and the gameplay inquiry service before true or updated information is provided by Party A; except where Party A can prove that he is one of the contract Parties.
Article 7: Requirement of contract release right
Within seven (7) days after starting the game playing, Party A may give written notice to Party B to dissolve this Contract without the need of explaining the reasons or assuming any expenses.
Upon the occurrence of the above, Party A may ask for a refund from Party B for the unused pay-to-buy game points.
Article 8: Charging method
The fees required for the Gaming Service shall be calculated as below:
■ Free service system
If the Gaming Service (e.g. game mall, online store, etc.) contains game points, merchandise or other services (e.g. virtual current, treasure or advanced props, etc.) that should be purchased by Party A by paying additional fees, Party B shall announce the payment method and the merchandise information on the website homepage, game login page or purchase page.
When adjusting the fees, Party B shall announce such a message on the website homepage, game login page or purchase page thirty (30) days before the estimated adjustment effective date. If Party A has logged its communication information when registering the account number, Party B shall inform Party A according to the logged communication information.
If fee adjustment is required, it shall be charged according to the new fare starting from effective day of the adjustment. In the event that the new fare is higher than the old one, the pay-to-buy game points or the game fee being registered by Party A before the date the new fare takes effect shall be charged according to the old fare.
Article 9: Information to be stated for the Gaming Service
Party B shall state the following items on its website homepage, game login page or purchase page, and the package of the game set:
- Based on the requirements of the Game Software Classification Management Method, indicate the class of the game and the age groups that should be prohibited from or suitable for the use.
- Minimum software/hardware required for executing the Gaming Service.
- Free charge or payment information for the safety device being installed, if any.
- If won-by-chance merchandise or activities are provided for the pay-to-buy, the information relating to the activity content, award, winning change and the number of rare merchandise items. It shall be marked with the following alert: “This is the won-by-chance merchandise. You cannot be assured to win the specific merchandise by making purchases or participating in the activity.”
Article 10: Utilization of account number and password
The account number and the password being acquired after completing the registration procedure shall be used by Party A only and Party A shall be liable for proper safekeeping. Party A may change the password according to the modification mechanism provided by Party B. Party B’s employees (including customer service staff, game administrator) shall not be allowed to inquire about Party A’s password. Further, Party B shall preserve Party A’s account number and the electromagnetic record attached to such account number within 30 days after the contract is terminated.
If the contract termination is not due to the reason attributable to Party A, Party A shall be entitled to use the account number and the electromagnetic record attached to such account number continuously.
In the event Party A fails to apply for renewal when the period specified in Item 2 expires, Party B may delete the account number and the electromagnetic record attached to the account number; except where additional rules are specified by the law.
Article 11: Notification and treatment for the illegal use of account number and password by others
If Parties either Party discovers that the account number or the password has been illegally used by others, the initiating Party shall inform the other Party for Party B to identify. After being confirmed by Party B that the aforesaid event exists, Party B may suspend the utilization right of such account number or password, change the account number or the password for Party A and immediately restrict the third party from using the Gaming Service. Party B shall disclose relevant treatment methods in the Game Management Rules.
Starting from the time where the game utilization right is temporarily restricted, Party B shall issue the notice through the website announcement, text message, e-mail, Twitter, or other method agreed by both Parties in order to inform the aforesaid third party to provide an explanation. In the event such third party fails to provide an explanation within seven (7) days starting from receiving the notice, Party B shall directly restore the illegally transferred electromagnetic record for Party A. If the restoration is not possible, Party B may take equivalent compensation method that has been agreed by both Parties and release the restriction to the third party after being restored. In the event that a free safety device (anti-burglary card, telephone lock, etc.) is provided by Party B, but Party A would not use or where reasons attributable to Party A exist, Party B shall not be liable for restoring or compensation responsibility.
If the third-party specified in Item 1 disagrees with the aforesaid treatment rendered by Party B, Party A may solve the issue by judicial means according to the case prosecution procedure. When restricting the utilization right of Party A or the third party according to the requirements specified in Item 1, Party B shall not collect any fees from Party A or the third party within the utilization restricting period.
In the event the right of Party B or the third party is impaired due to incorrect prosecution by Party A, Party A shall be solely liable for the resulting legal responsibilities.
Article 12: Gameplay preservation and checking
Party B shall be liable for preserving Party A’s personal game process record for a period of thirty (30) days for easier checking by Party A whenever required. , Party A may retrieve its personal gameplay from Party B’s service center by means of written form, network, or in person and shall present the personal information that is identical with the identity document. Described below is the checking fee to be assumed by Party A.
□ Free of charge.
□ TWD (not exceeding TWD 200 or the equivalent currency value).
■ Other charging methods (the charging method shall be announced on the website homepage, game login page, or purchase page and its amount shall not exceed TWD 200 or the equivalent currency value according to the spot exchange rate closed by the Central Bank of the Republic of China on the same day).
Party B shall provide Party A’s personal gameplay listed in Item 1 after receiving the checking application from Party A. Party B shall also provide the required information by means of storage media, or written form, or e-mail within 7 days.
Article 13: Personal information
Personal information shall be protected according to the regulations of applicable laws.
Article 14: Electromagnetic record
All of the electromagnetic records provided for this game shall be owned by Party B, and Party B shall protect the integrity of the electromagnetic record maintained by Party A.
Party A shall be entitled to use and dispose of the aforesaid electromagnetic record, including but not limited to the transfer and revenue behavior outside the scope of the Gaming Service.
Article 15: Information disclosure
On the Gaming Website, Party B shall provide the information relating to the number of users that can be accommodated by the server installed for the Gaming Service as well as the number of concurrent online users and the online status. , Party B is also required to update the aforesaid information periodically.
Article 16: Online quality
In the event that Party B needs to suspend the whole or one part of the Gaming Service in order to work out the maintenance of the system as well as the software and hardware devices beforehand, Party B shall announce such on the website homepage, game login page or the purchased page seven (7) days ahead; except when the contingency, urgency or the reason is not attributable to Party B.
If Party A cannot use the Gaming Service online due to a reason attributable to Party B, Party B shall immediately correct or repair the game system. As for the game fee or the merchandise of the game that has been deducted and that cannot be used by Party A during the service outage period, Party B shall return the deducted game fee or the merchandise. If such return is not possible, Party B shall provide another type of reasonable compensation.
Article 17: Responsibilities of corporate operator and consumers
Based on the requirements of this Contract, Party B shall be liable for maintaining its computer system when rendering the services provided herein in order to comply with the safety requirement that can be reasonably expected according to the technological or professional level established at that time.
In the event that, the computer system or the electromagnetic system is sabotaged or the computer system is operating abnormally, Party B shall take reasonable measures in order that the service can be restored immediately.
Where Party B violates the requirements provided in the aforesaid two items or where the vulnerability occurs to the game program as to cause the damage to Party A, Party B shall be liable for compensation according to the damage level suffered by Party A. If Party B can prove itself as innocent, its compensation responsibility can be mitigated.
If the event termed in the aforesaid Item occurs to Party B’s computer system, Party B shall not be allowed to charge any fee from Party A until the repairs have been completed and the system has resumed normal operation.
In the event that dispute arises between Party A and the other third party due to the sharing of the account number or authorizing another person to pay for the game points, Party B shall not provide any assistance.
Article 18: Game Management Rules
To regulate the game playing method, Party B shall set up impartial Game Management Rules and Party A shall comply with the Game Management Rules announced by Party B.
The change of Game Management Rules shall be executed according to the procedure specified in Article 21.
The management rules shall be void if any of the following situations occur to the Game Management Rules:
- Conflict with the requirements of this Contract.
- Suspension or restriction of Party A’s right under this Contract, except for the case that has been treated by Party B according to the requirements specified in Article 19.
Article 19: Treatment for breaching the Game Management Rules
Unless otherwise specified in this Contract, where facts are sufficient to prove that Party A has breached the Game Management Rules when using the Gaming Service, Party B shall announce such event on the website homepage, game login page, or the purchased page and shall inform Party A according to the communication information registered by Party A.
If breaching the Game Management Rules for the first time, Party B shall inform Party A to improve within the specified timeline. In the event that Party A fails to complete the improvement after being informed by Party B, Party B may restrict Party A’s game using rights according to the seriousness of the event. In the event that Party A breaches the Game Management Rules again due to the same reason, Party B may immediately restrict Party A’s right of using the game according to the Game Management Rules.
If Party A’s right of using the game is restricted by Party B according to the Game Management Rules, each time shall not be over seven (7) days.
Article 20: Intellectual property rights
The copyrights, patent rights, trademark rights, business secrets, intellectual property right, ownership, or other types of rights that have been created for all of the writings and information relating to the Gaming Service as being provided by this Contract shall be owned by Party A or its proprietor. Unless prior legal authorization has been given by Party B or its proprietor, Party A shall not attempt to reproduce, transmit, rewrite, edit or use by whatever means for whatever purposes; otherwise, Party A shall be liable for the resulting legal responsibilities.
When submitting or transmitting the writings (including but not limited to audio, video, text and pictures, which will be referred to as the “Work” here) to this Company for acquiring the services, Party A shall authorize Party B to use the entire content of the aforesaid writings, without charging any fees, for distribution, publication, dissemination, reproduction, public transmission, public release, editing, rewriting or using or putting into use by whatever means. , Party A shall guarantee that its writings are created by him and that it possesses complete and legal rights without infringing upon the legal rights of others in terms of copyrights, trademark rights, and intellectual property rights. If any writing is infringing upon any right of others, Party A shall be solely liable for the legal responsibilities and the entire damage and compensation.
Article 21: Petition right
In the event that Party A feels dissatisfied with the online quality, game management, fee-charging, relevant service quality, or the disposition result rendered by Party B according to the Game Management Rules, he may submit the petition to Party B’s service center or submit through e-mail or written form within seven (7) days following the notice day. In this case, Party B shall reply to the disposition result within fifteen (15) days after receiving the petition.
In its website or Game Management Rules, Party B shall specify relevant communication information such as service hotline, and e-mail as well as 24-hour petition channel.
The petition raised by Party A for reflecting the plug-in program by the third party or the event that may affect the fairness of the game shall be disposed of according to the requirements specified in Item 1.
Article 22: Change of the Contract
Party B shall announce any changes to the Contract on the website homepage, game login page, or the purchased page and shall inform Party A according to the communication information registered by Party A.
In the event that Party B fails to make the announcement and notice according to the aforesaid requirements, such change of the Contract shall be considered invalid.
Disposition for Party A within fifteen (15) days after receiving the notice specified in Item 1:
- If Party A does not hold any objections, Party B shall provide the Gaming Service continuously.
- If Party A is holding objections, it shall be considered that the contract is terminated by Party A.
Article 23: Contract termination and fee refunding
Party A may inform Party B to terminate this Contract whenever required:
In the event that Party A does not log in to use the Gaming Service for over one (1) year, Party B shall inform Party A to carry out the login. If Party A fails to log in the usage fifteen (15) days after receiving the notice, Party B shall be entitled to terminate this Contract.
If Party A commits any of the following major events, Party B may promptly terminate this Contract after informing Party A according to the communication information registered by Party A:
- Committing a malicious attack or sabotage to Party B’s computer system with any system or tool.
- Playing the game using a plug-in program, virus program, game program vulnerability, or other method violating normal setting or impartiality of the game.
- Purchasing the game points or the merchandise in the game by using another name, fraudulent, or forgery method.
- Breaching the Game Management Rules over three (3) times for the same reason and failing to make improvements according to the improvement notice specified in Item 2 of Article 19.
- Committing any illegal activities as being discovered by the competent juridical agency.
In the event that error is found in the fact being identified by Party B or where Party B fails to provide relevant evidence, Party B shall compensate the damage thus incurred to Party A.
After deducting necessary costs when terminating the contract, Party B shall return the unused pay-to-buy game points or game fees to Party A by means of cash, credit card, money order, or by sending the check through registered mail or shall dispose of the aforesaid game points or fees according to the method agreed by both Parties.
Article 24: Suspension of operation service
When suspending the operation of the Gaming Service instead of terminating the Contract, Party B shall announce such a message on the website homepage, game login page, or the purchased page thirty (30) days before the suspension and shall inform Party A according to the communication information registered by Party A.
In the event that Party B fails to make the announcement and the notice within the aforesaid period, Party B shall provide other types of reasonable reimbursement in addition to returning the pay-to-buy game points or the game fee not being used by Party A and shall not deduct necessary costs.
Article 25: Serving of notice
Regarding the notice required for the matters provided in this Contract, Party A shall agree that Party B’s notice shall be considered as being served when sending to the communication information registered by Party A.
If any change occurs to the registered contact details, Party A shall immediately inform Party B for the latter to serve the notice according to the changed communication information.
When sending the notice according to the contact details registered by Party A, it shall be considered as having been officially served either by means of written notice or by transmitting the e-mail to Party A’s e-mail server.
Article 26: Governing law
The laws enforced in the Republic of China shall be used as the governing law for this Contract.
Article 27: Jurisdiction court
Both Parties hereby agree that Taiwan Taichung District Court shall have the jurisdiction over the first trial in order to settle the event arising out of this Contract.
The aforesaid agreement shall not preclude the application of the regulations specified in Article 47 of Consumer Protection Act as well as Item 2 under Article 28 and Article 436-9 in Code of Civil Procedure.
This clause shall be interpreted according to the Chinese language. If any conflicts or controversies exist in the version translated to another language, the Chinese version shall supersede.