Member Service Agreement
Note: Business operator
Business name: 9Splay Entertainment Technology Co., Ltd.
Representative: Ken Chou
Domicile: 7F, No.225, Sec.3, Nanjing East Rd., Zhongshan Dist., Taipei City
Tax ID No.: 54358602
Note: Pursuant to the Computer Software Rating Regulations, the rating of every game is indicated on the company website http://www.9splay.com/
Note: The minimum system requirements for this game are as follows:
Browser: android4.0 or above
Welcome to 9Splay Entertainment Technology Co., Ltd. When you join a 9Splay game via fast registration or regular registration, please remember to check the box indicating your agreement to the member terms and conditions (9Splay Entertainment Technology Co., Ltd. Member Service Agreement). After clicking on “confirm”, you officially become a member (hereinafter referred to as Party A) of 9Splay Entertainment Technology Co., Ltd. and are entitled to use the gaming services (hereinafter referred to as “These Services”) provided by 9Splay Entertainment Technology Co., Ltd. (hereinafter referred to as “Party B”).
Please carefully read the contents of this Member Service Agreement (hereinafter referred to as “These member terms and conditions”) to safeguard your rights and interests. By using these services, Party A acknowledges to have carefully read and understood and agrees to abide by these member terms and conditions and the management regulations for each of Party B’s games. Party A also agrees to bear full responsibility for legal disputes and losses arising out of violations of relevant laws, these member terms and conditions, and game management regulations.
Pursuant to the “Regulations on Reasonable Matters as Exceptions to Rescind the Distance Sales” promulgated by the Executive Yuan, Party B’s games shall be categorized as reasonable exceptions warranting elimination of the right to rescind distance sales within 7 days in accordance with Article 2 of the regulations which states that the right to rescind distance sales shall not be applicable where goods or services meet one of the following conditions provided that business operators have notified the consumers of the elimination of the right to rescind such sales set forth in Paragraph 1, Article 19 of the Consumer Protection Act.
Article 1. Application for online gaming services
Party A has carefully read and understood these member terms and conditions for a minimum of three days and agrees to abide by these terms and the management regulations for Party B’s games.
Where Party A lacks the legal capacity, his/her legal representative shall apply for Party B’s gaming services on his/her behalf. The expressed consent of legal representatives shall be required for persons with limited legal capacity.
Article 2. Contents of member terms and conditions
The following contents shall constitute an integral part of these member terms and conditions and shall have the same legal validity:
1. Advertisements and promotional contents of Party B related to these services.
2. Fee standards and game management regulations.
Conflicts of the aforementioned terms and conditions shall be interpreted in favor of the consumer.
Article 3. Service range
Services as defined in these member terms and conditions are provided through Party B’s Internet server. Party A logs onto Party B’s games via an Internet connection. These services shall not include the application for Internet services by Party A from Internet access service providers or the provision of required hardware equipment and payment of Internet fees.
Article 4. Information entry
Where Party A applies for the use of games or services provided by Party B, it shall enter personal information that conforms to ID documents (including, but not limited to, real name, contact method and personal ID No.) on Party B’s official or gaming website as requested by Party B. Where entered information is wrong or no longer up-to-date, it shall be corrected immediately. Where Party B deems it necessary to contact Party A in the context of provision of these services and Party A fails to provide accurate information or the provided information is no longer up-to-date, Party B shall be authorized to temporarily suspend Party A’s access to these services, game progress queries, other services related hereto and unused points in his/her accounts until Party A provides authentic or updated information. These restrictions shall not apply if Party A can prove its identity through other means. (please carefully safe keep information such as account names, passwords and personal ID numbers to safeguard your rights and interests and pay close attention to information leakage, online friendships and gaming- related fraud; Party B shall be authorized to temporarily suspend access to these services if Party A uses personal information of others for its application).
Article 5. Fee standard adjustments and regulations governing notification thereof
Party B shall notify Party A of fee adjustments on its gaming website, in-game and on game login screens 30 days prior to the projected effective date of fee adjustments. Where Party A provided an e-mail address during account registration, such notification shall be sent by e-mail. In case of fee adjustments, fees shall be charged according to the new rates starting from the effective date of such adjustments. Where new rates are higher than the old rates, stored credits entered on the gaming website prior to the effective date of new rates shall be calculated in accordance with the old fees.
Article 6. Contract validity
By clicking on the “confirm” button on the website where these member terms and conditions are posted during initial registration of an account upon expiry of the cooling-off period, Party A indicates agreement to these member terms and conditions.
Article 7. Account and password use
Where Party A selects fast registration, Party B shall create an account and issue a password to Party A. This account cannot be modified, but the password may be modified in accordance with Party B’s password change mechanism. Where regular registration is selected, Party A must configure the account and password independently. Where Party B’s games must be linked to Party A’s Google Play or Apple Game Center (Apple ID), password configuration is not necessary. Where Party A chooses not to link to its Google Play or Apple Game Center (Apple ID), Party B’s gaming system will automatically create an account for Party A. Password configuration by Party A is not necessary. Party A shall properly safe keep its account and password and shall not share accounts with other users. Passwords shall be updated regularly and Party A shall make sure to log out from its account after each use of these services to prevent fraudulent use of accounts by others. Party A shall further refrain from selling, renting, lending, transferring or yielding accounts and passwords to third parties. Party A shall bear full legal responsibility for disputes arising out of such actions. Party B shall have no responsibility whatsoever. Party A shall be fully responsible for the safekeeping of its account and password. Where illegal use of accounts and passwords by others due to lack of proper care is attributable to Party A, Party A shall bear full responsibility thereof. Upon completion of the game registration procedures and credit storage, Party A shall carefully preserve all transaction records (e.g., paper receipts, electronic receipts etc.) Said transaction records shall be preserved for a minimum of three years. Party B’s personnel (including customer service personnel and game management personnel) shall not actively inquire from Party A about passwords. (Please note that account security is the sole responsibility of Party A. Party A shall be fully responsible for information theft in its account caused by computer viruses or launching of Party B’s games through methods other than those approved by Party B.)
Article 8. Notification and handling of illegal use of accounts and passwords
Where either party notices illegal use of Party A’s account by third parties or security has been breached in a suspicious manner, the other party shall be notified immediately. Upon notification of Party B by Party A or vice versa, Party B shall be authorized upon confirmation of the aforementioned infractions by Party A to temporarily suspend the permission to use said account or password. Party A shall be provided with a new account or password. If the aforementioned circumstances apply, Party B shall return deducted credits or provide compensation of equivalent value in the form of gaming fees. These regulations shall not be applicable to losses attributable to Party A.
Article 9. Handling of inappropriate transfer of electromagnetic records
Party A shall notify Party B immediately to verify suspected illegal use of its account and password or improper transfer of electromagnetic records. Upon verification of Party A’s personal identity by Party B, said account shall be temporarily blocked in a prompt manner and the permission of said user to access these online gaming services shall be temporarily restricted. Following the temporary restriction of game usage permissions, Party B shall notify the third party in possession of the aforementioned electromagnetic records in writing or by e-mail in a prompt manner to provide detailed explanations. Where said third party fails to provide explanations within 7 days upon receipt of notification, Party B shall restore the improperly transferred electromagnetic records of Party A. Where lost records cannot be restored, other appropriate methods of compensation agreed upon by both parties may be adopted. Restrictions on online game usage shall be lifted upon restoration of records. Where Party A fails to use free safety devices provided by Party B (e.g., anti-theft cards or phone locks), Party B may directly restore the improperly transferred electromagnetic records of Party A. Where the third party in possession of the electromagnetic records specified in the first paragraph does not agree with Party B’s adopted measures as specified in the preceding paragraph, Party B may take legal action in accordance with relevant crime reporting procedures. Party B shall not charge Party A any fees during the period of restricted use of gaming services in accordance with the regulations set forth in the first paragraph. Party A shall bear full responsibility for any impairment of the rights of Party B or other online game users caused by false statements.
Article 10. Game progress preservation periods, query methods and fees
Party B shall preserve Party A’s personal game progress records for thirty days to allow queries by Party A. Query requests may not be processed upon expiry of the 30-day preservation period. Party A may apply for access to personal game progress records in writing, online or in person at Party B’s service center. Party A shall provide personal data conforming to ID documents for queries. Party B shall be entitled to charge Party A query fees of NT$ 200 (query fees shall not exceed a maximum of NT$ 200). Upon receipt of Party A’s query request, Party B shall provide personal game process records as specified in the first paragraph. Such records shall be provided to Party A on storage media such as DVDs or disks or in writing or by e-mail within 7 days.
Article 11. Personal information
The protection of personal information shall be handled pursuant to relevant laws and regulations. Party B shall not sell, exchange, rent, or make public by any means the name, address, e-mail address and other types of legally protected personal information of Party A without the expressed content of Party A unless required by relevant laws and regulations or competent authorities. If one of the following conditions exists, Party B shall be authorized to make public Party A’s personal information or game progress: 1. Requirements set forth in relevant laws or requests of competent authorities. 2. Safeguarding of Party B’s assets, rights, and interests. 3. Protection of the personal safety of Party B’s members or citizens during emergencies. 4. Third parties request access to game progress related to them.
Article 12. Electromagnetic records
All electromagnetic records generated by Party B’s games shall be the sole property of Party B. Party A’s relevant electromagnetic records shall be maintained in a complete manner by Party B. Party A shall be entitled to manage and control the aforementioned records.
Article 13. Provisions governing virtual objects in games
All virtual objects in Party B’s games including, but not limited to, gold coins, jewels, props and gear shall be the sole property of Party B. Party A shall have the right to use such virtual objects pursuant to the relevant laws and these member regulations. Party A shall not independently engage in offline transactions with other players. Party B does not authorize Party A to engage in the offline transactions of virtual objects such as in-game currency (including, but not limited to gold coins and jewelry), props and gear in any form. Party A shall bear full responsibility for all problems or disputes arising out of unauthorized offline transactions of such objects. Party B shall have no responsibility whatsoever. Party A shall not request for the transfer or conversion into cash or other virtual props or currency of virtual objects earned in Party B’s games (including, but not limited to gold coins, jewelry, points and props).
Article 14. Connection quality
Server shutdown times due to system and equipment maintenance required in accordance with previously formulated plans shall be announced on the gaming website homepage, official website, and game fan page seven days in advance. Party A shall be notified during login and shutdown messages shall be displayed in-game. Party B shall guarantee error-free operations of its system equipment without screen freezes, lag, pauses or connection issues. Where these issues make it impossible to provide services to Party A, deducted credits shall be returned, Party A shall be exempted from payment of relevant gaming fees or available gaming times shall be extended. Party B is an online service content provider rather than an ISP. Party B shall bear no responsibility for poor quality of Internet connections or factors not attributable to Party B that cause losses incurred by Party A due to inability to access games, serious lags or reversed progress.
Article 15. Modification, suspension or termination of these services
Where one of the following conditions exists, Party B shall be authorized to modify, suspend or terminate these services: 1. Server shutdown due to system and equipment maintenance required in accordance with previously formulated plans. Shutdown times shall be announced on the gaming website homepage, official website and game fan page seven day in advance. Party A shall be notified during login and shutdown messages shall be displayed in-game prior to suspension of services. 2. Any form of damage sustained by Party B’s server (including, but not limited to DDoS) precluding regular server operations. 3. Internet network issues or other factors that lead to obstructions affecting Party A’s connection to Party B’s server via the Internet. 4. Natural disasters and other force majeure factors. 5. Protection of the personal safety of members and third parties during emergencies. 6. Sudden malfunctions of hard- and software and telecommunication facilities.
Article 16. System security and program loopholes
Party B shall maintain the security of its own computer system as reasonably expected in accordance with current technology or professional standards during the provision of these services pursuant to the regulations set forth in these member terms and conditions. Where computer systems or electromagnetic records sustain damage or irregularities preclude regular server operations, Party B shall restore operations as soon as possible by adopting appropriate measures. Where violations of the regulations set forth in the preceding two paragraphs by Party B lead to losses and damage on the part of Party A, Party B shall be liable for compensation in accordance with actually incurred losses. This liability shall be reduced if Party B can prove that no negligence occurred. Where Party B’s computer system is affected by the conditions specified in the second paragraph, Party B shall not charge Party A any fees prior to the restoration of regular operations. Where Party A sustains losses and damage due to loopholes in Party B’s gaming programs, Party B shall be liable for compensation in accordance with actually incurred losses. This liability shall be reduced if Party B can prove that no negligence occurred. Where Party A’s game character or virtual objects are deleted, game progress is reversed or monetary losses are incurred by Party A due to reasons attributable to the Internet Service Provider (ISP) or Party A’s game operations, Party B shall not be liable for compensation.
Article 17. Game management regulations
Party B shall formulate reasonable and fair game management regulations to regulate gameplay. Party A shall abide by Party B’s publicly announced game management regulations. Amendments of these regulations shall be subject to the procedures prescribed in Article 20. Game management regulations shall become invalid where one of the following conditions occurs: 1. Conflict with regulations set forth in these member terms and conditions. 2. Deprivation or limitation of guaranteed rights of Party A. This restriction shall not apply where Party B handles relevant issues pursuant to the regulations set forth in Article 18. Where Party B’s game servers are merged, Party B shall be authorized to transfer Party A’s characters(s) to other gaming servers of Party B. Party A shall abide by the following regulations: 1. Party A shall not engage in any conduct that affects Party B’s gaming procedures and online game data transmission and packaging. 2. Party A shall not engage in malicious intrusions or attacks on Party B’s servers or any other conduct that impairs regular operations of these services. 3. Party A shall not take advantage of bugs in Party B’s games or plugins provided by third parties to engage in any conduct that violates fairness principles and generates a higher server load such as gaining of improper monetary benefits, duplication of gear or quick accumulation of experience points. 4. Party A shall not publicly or privately spread information about any existing and exploitable bugs in Party B’s games. Party B shall be notified immediately if such problems are detected. 5. Party A shall not engage in personal attacks, obscenities, verbal abuse, reactionary conductor other types of conduct that harm the public image of Party B or violate public morality. Party A shall not choose character names that deliberately disrupt the orderliness of Party B's services. 6. Party A shall not engage in any conduct that affects the normal order of Party B's games. 7. Party A shall not engage in verbal attacks or abuse in violation of public order and morality that deliberately disrupt the orderliness of Party B's services. 8. Party B shall be authorized to warn, deny online access, ban, rename, delete characters or block the account of Party A in case of confirmed violations of the aforementioned terms and conditions. Party B shall be further entitled to initiate legal proceedings against serious violators. Party A shall bear full responsibility for all damage or losses resulting from such violations. 9. Party A agrees that Party B shall be authorized to update, adjust or alter all functions and features of its games to add and enrich gaming contents. The operations, contents and set-up of games shall be based on the latest updated contents.
Article 18. Handling of violations of game management regulations
Unless stipulated otherwise in these member terms and conditions, Party B shall make an official announcement on its gaming website or in-game and notify Party A via online instant messaging or by e-mail if convincing evidence exists that Party A has violated the game management regulations of Party B's games. Where Party A fails to make improvements as requested upon receipt of Party B's notification, Party B shall be authorized to restrict Party A's game usage rights in accordance with the severity of the violation pursuant to the game management regulations. Suspensions of Party A's right to access games pursuant to the game management regulations shall not exceed a maximum of seven days per incident. Unless reasons warranting contract termination exist, disciplinary measures adopted by Party B pursuant to the game management regulations shall not affect the rights enjoyed by Party A in accordance with these member terms and conditions.
Article 19. Grievance rights
Where Party A is not satisfied with the connection quality, game management, fees and charges, or the quality of other services or disagrees with disciplinary measures adopted by Party B in accordance with game management regulations, it may file a grievance with Party B's service center or by e-mail or in writing within seven days after the day following receipt of Party B's notification. Party B shall inform Party A of the results of the processing of grievances within 15 days upon receipt thereof. Customer service hot line: (02)7709-7866 Customer service fax: (02)2547-5195 Customer service mailbox:http://www.9splay.com/NicePlay/Customer#post01
Article 20. Amendment of these member terms and conditions
Amendments of these member terms and conditions shall be announced on the gaming website homepage, official website, game fan page or login page. Party A shall also be notified in writing or by e-mail. The following conditions shall apply within 15 days upon receipt of the notification specified in the first paragraph: 1. Where Party A does not express any disagreements with amended contents of these member terms and conditions, these amendments shall be considered accepted by Party A. 2. Where Party A expresses any disagreement(s) with such amendments, such disagreement shall be viewed as a notification of termination of this agreement.
Article 21. Termination of this agreement and refunds
Party A may terminate this agreement at any time by notifying Party B. Upon termination of this agreement, Party B will delete Party A's game account (including Party A's game characters and all in-game objects held by Party A) When this agreement is terminated, Party B shall return all unused credits or gaming fees upon deduction of the necessary costs 40% to Party A in the form of cash, credit card payment, bank draft or check sent by registered mail within thirty days. Party B shall be authorized to immediately terminate this agreement upon notification of Party A in writing or by e-mail if one of the following severe incidents occurs: 1. Malicious attacks or damage of Party B's computer system through utilization of any systems or tools. 2. Utilization of plugins, malware, program loopholes or other methods that violate fairness principles for gameplay. 3. Engagement in any form of illegal conduct prosecuted by judicial authorities. 4. Violations of regulations set forth in these member terms and conditions or game management regulations. 5. Conduct in violation of public safety, public order and public morality. 6. Impersonation of others in the application for a member account. 7. Utilization of fraudulent and dishonest methods for credit storage. 8. Actual or suspected infringement of Party B’s intellectual property rights (including, but not limited to, modification, remaking, alteration, spreading, distribution, publication, reverse engineering, de-compilation, or disassembly). Where Party B wrongly accuses Party A of the aforementioned infractions or is unable to provide convincing evidence, it shall be liable for compensating Party A of its losses. Party B shall be entitled to review the accuracy of information provided by Party A to safeguard the right of Party A to terminate this agreement and request for a refund.
Article 22. Supplementary regulations
Provisions that are required by the competent authority per public notice and are not stipulated in this agreement shall be considered stipulated. Provisions that are banned by the competent authority per public notice and are stipulated in this agreement shall be considered not stipulated.
Article 23. Applicable laws
The laws of the Republic of China shall be the applicable laws of this agreement.
Article 24. Validity of individual provisions
Where any of the provisions stipulated in this agreement become invalid in part or as a whole, the validity of the remaining provisions shall remain unaffected.
Article 25. Legal jurisdiction
Both parties agree that the Taipei District Court shall be the first instance court of jurisdiction for any disputes arising out of this agreement.