PRIVACY POLICY
For5 gemes
This Deed is a deed entered into by and between, a Gamobi gaming platform member (whose member profile to be completed on the registration page, hereinafter referred to as "Party A"), and Maichi Network Technology Co., Ltd (hereinafter referred to as "Party B"), with respect to the website provided by Party B and the network-related services and mobile gaming services that are being and may be performed to Party A in the future by Party B.
Before applying for membership registration and gaming services, Party A is expected to review this Deed and then press the "Agree to observe" button to complete the membership registration process.  
If Party A is a quasi-incompetent person; (i.e. a person who has attained age 7 but is under the age of 20), he/she shall not be registered as a member except with the permission from one of his/her legal personal representatives (such as his/her parents, guardian). If Party A is an incompetent person (i.e. a minor whose is under the age of 7), the registration application shall be made by one of his/her legal personal representative on behalf of him/her. Party A's consent to this Deed and other expression of intent shall be deemed to have been permitted by Party A's legal personal representatives or met the conditions for legal acts.
Article 1. Scope
The mobile gaming services and other relevant services (hereinafter referred to as the "Services") to be provided by Party B as well as Party A's and Party B's rights and obligations related to the services shall be determined pursuant to the terms of this Deed.
Article 2. Content of Deed
The following shall be deemed as a part of this Deed and have the same effect as this Deed:
1. Party B's advertisement or promotional content for the services.
2. Table of fee rates and game management rules.
If the preceding paragraphs of this Deed are contradictory to each other, they shall be interpreted in favor of consumers.
Article 3. Defined Terms
The terms used in this Deed shall have the meaning ascribed to them below:
1.1 "Online Games" shall refer to the software enabling Party A to connect with a non-specific number of people simultaneously for gaming through Internet connection via the network servers built by Party B.
2.2 "Gaming Website" shall refer to the website built by Party B in order to perform the gaming services hereunder.
3.3 "Game Points" shall refer to the units earned by Party B that are used to pay the consideration of the services Party A receives in the mode of payment determined by Party B.
4.4 "Game Management Rules" shall refer to the rules established by Party B to standardize the ways of playing games without prejudice to the rights and obligations of the parties under this Deed.
5.5. "Gaming History" shall refer to the records of the process of Party A's playing games that are made by Party B's computer system in the period from Party A's logging into the service hereunder to Party A's logging out of the service hereunder.
6.6 "Game Access Suspension (Freezing)" shall refer to temporary prohibition of Party A's use of the services performed by the website hereunder by restricting the access to the gaming website or temporarily limiting the right to use gaming accounts, etc.
7.7 "Cheating Programs" shall refer to the programs that are not provided by Party B but can affect or change the objectives of the operation of the online games by Party B.
8.8 "Necessary Costs" shall refer to the costs already paid by Party B in order to perform this Deed or those paid to third parties.
Article 4. Consumers to Special Sale and Purchase - Provisions on the Special Right of Consumers to Special Sale and Purchase to Rescind this Deed
Party A may, within seven days after starting playing a game, rescind this Deed by notifying Party B by email or in writing without explaining any reason for doing so and bearing any expenses. ?? Party A may request for a refund on the unused pre-paid funds from Party B.
Article 5. Provisions on Change in Pay Rate and the Notification Thereof
When a fee rate is adjusted, Party B shall make the adjustment known to the public on the gaming website and in-game and game log-on pages thirty days prior to the scheduled effective date of adjustment, notifying Party A by email to the extent that Party A logs on an email when registering an account.
After the adjustment, fees shall accrue at the new fee rate from the date of adjustment. If the new fee rate is higher than the old one, for the funds pre-paid by Party A on the gaming website prior to the effective date of the new fee rate, fees shall be deducted from them at the old one. ??
If fees accrue with time, they shall accrue every two hours.
Article 6. Information to Be Stated in the Games hereunder
Party B shall state the following matters on the gaming website and packages of the game kit:
1. Game grades and age thresholds indicated in accordance with the measures for grading computer software. 2. Minimum hardware and software requirements for playing the games hereunder;
3. The entitlement to refund as set forth in Article 7; and
4. Information about the exemption from or payment of the costs of the security devices provided (if any).
Article 7. Refund on Game Kit and Software
Party A may, within seven days after purchase of the game kit hereunder or the software related to paid downloads, request for a refund in full from the original operator from whom the game kit or software is purchased. In the case as described in the preceding paragraph, if the original operator does not or cannot process the request, Party B shall refund Party A immediately at Party A's request.
Article 8. Entry into Force of Deed Party A shall register an account number for the first time upon expiration of the review period of this Deed by entering the webpage displaying the terms of this Deed and pressing the "Agree" button. After Party A does so, it shall be presumed that Party A has agreed to the provisions of the terms of this Deed.
Article 9. Intellectual Property Rights
The copyrights, patent rights, trademarks, trade secrets, other intellectual property rights, title or other rights attaching to the works and materials on the gaming website shall be the property of Party B or Party B's owner. Unless with the legal authorization from Party B or the individual right holders thereof, Party A shall not reproduce, transmit, alter, edit or use such works and materials in any way whatsoever for any purpose without authorization, otherwise, he/she shall solely assume all the relevant legal responsibilities.
If Party A breaches any laws or infringes upon others' intellectual property rights when playing the games hereunder, Party B may, upon receipt of the order of the competent public security organ, procuratorial unit and judicial organ or other governmental authorities, provide the competent authorities with the information about Party A's membership registration and the records of Party A's time of stay online and gaming history without Party A's consent, and this Deed shall be terminated therewith.
Article 10. Use and Safekeeping of Account Number and Password
1. Party A shall set an account number and a password in the registration program of the service hereunder. The account number and password will be used by Party A after being verified and confirmed by Party B's gaming website.
2. Once being set, the account number shall not be changed, but the password may be changed in accordance with the modification mechanism provided by Party B.
3. Party A shall be responsible for safekeeping the account number and password, and shall not transfer, make available, disclose or lend the account number and password to any third party. If any dispute arises for reasons attributable to Party A, Party A shall be solely liable therefor.
4. Party B (including its customer service staff and game administrators) shall not take the initiative in inquiring the password of Party A.
5. Party B shall retain Party A's account and electromagnetic records for a 30-day period after this Deed is terminated.
6. If this Deed is terminated for reasons not attributable to Party A, Party A shall be entitled to continue to use his/her account and the electromagnetic records attached thereto, provided that he/she has gone through the continued use application formalities during the 30-day period. If Party A fails to go through the aforesaid formalities on expiration of the period specified in the preceding paragraph, Party B may delete the account number and all the information attached thereto unless otherwise provided for by laws.
Article 11. Notice of Unlawful Use of Account Number and Password
If any party hereto becomes aware of the unlawful use of Party A's account number and password by a third party or security related to use thereof is abnormally impaired, it/he/she shall notify the other party immediately. After Party B receives the notice from or notifies Party A, if Party A confirms the foregoing facts, Party B may suspend the access to the account number or password and replace the account number or password with a new one.
In such cases as described in the preceding paragraph, Party B shall return the deducted funds to Party B or indemnify Party A for the equivalent game fee except to the extent that such cases are caused by Party A.
Article 12. Countermeasures Against Improper Transfer of Electromagnetic Records
Whenever Party A becomes aware of illegal use of his/her account number and password and improper transfer of electromagnetic records, he/she shall notify Party B immediately for verification. If Party B confirms the accuracy of Party A's identity after verifying the same, it shall freeze the account number for the time being and temporarily restrict the relevant online game user's right to use the service hereunder Party B shall notify the third party who holds the aforesaid electromagnetic records in writing or by email to give it explanations immediately after it temporarily restricts the right to use the game. If the third party fails to give the explanations within 7 days upon receipt of the notice, Party B shall directly restore and send the electromagnetic records that have been improperly transferred back to Party A. If the electromagnetic records cannot be restored, it may indemnify Party A in another manner mutually agreed to by the parties, lifting the restrictions on the relevant online game user after receiving the user's response. Party B may directly restore and send the electromagnetic records that have been improperly transferred back to Party A to the extent that it has provided Party a with free security devices (such as anti-theft cards, telephone locks, etc.)
If the third party who holds the electromagnetic records as described in the first paragraph of this Article does not agree with Party B's actions as described in the second paragraph of this Article, Party B may take legal actions in accordance with the relevant case reporting procedures. When Party B restricts Party A's use rights in accordance with the first paragraph of this Article, it shall not charge Party A any fees.
If the rights of Party B or other online game users are compromised due to Party A's misrepresentations, Party A shall assume all the legal responsibilities therefor.
Article 13. Retention Period of and Method and Expenses for Accessing to Gaming History,
Party B shall retain the records of Party A's personal gaming history for future access by Party A, with the retention period being thirty days.
Party A may apply for retrieving personal gaming history in writing, via the Internet or with the Service Center of Party B in person. To this end, he/she shall provide the personal information consistent with his/her identify document for authentication. The access expenses of TWD 100 shall be borne by Party A. After receiving the request for access from Party A, Party B shall provide the personal gaming history of Party A as set out in the first paragraph of this Article. In addition, it shall provide the relevant information stored in storage media such compact disks or magnetic disks or in writing or by email within 7 days after the application is approved and the payment is received.
Article 14. Electromagnetic Records
All the electromagnetic records of the games hereunder shall be the property of Party B, who shall maintain the completeness of the relevant electromagnetic records of Party A.
Party A is entitled to use and be informed of the electromagnetic records referred to in the preceding paragraph.
Article 15. Protection of Privacy
Protection of personal information shall be subject to the provisions of the Personal Data Protection Act and other relevant laws. Please refer to the privacy policy for the relevant provisions.
Article 16. Information Disclosure
Party B shall provide the information about the games hereunder on the gaming website and update the same on a regular basis.
Article 17. Connection Quality
If the system equipment of Party B is shut down for maintenance as scheduled, Party B shall give seven days prior written public notice on the gaming website, notify Party A when Party A logs on the gaming website, and issue a notice of shutdown on the in-game pages.
Except for the shutdown for system maintenance or shutdown caused by reasons not attributable to Party B, Party B shall ensure that its system equipment is free from errors, image halt, retardation, interruption or disconnection. If Party B cannot perform services for Party A by reasons referred to above, it shall refund Party A the pre-paid funds that have been deducted or exempt Party A from the game fee of the equivalent amount or extend the period of time when Party A may play the games.
Article 18. System Security and Bugs
In accordance with the provisions of this Deed, Party B is obliged to maintain its own computer systems while performing the services hereunder so that the security of the computer systems can reach the level reasonably expected according to the then-current technology or professional level.
Whenever the computer systems or electromagnetic records are damaged, or the computer systems operate abnormally, Party B shall take reasonable actions to restore them as soon as possible.
If Party B violates the provisions of the first two paragraphs of this Article, giving rise to damage to Party A, it shall be liable for damage. However, if Party B can prove that it is faultless, the liability for damage may be relieved or released.
If the computer systems of Party B fall within the circumstances referred to in the second paragraph of this Article, Party B shall not charge Party A any fees before the computer systems are restored and are operating normally once again.
If Party A's interests are damaged due to bugs in the game programs, Party B shall be liable for damage according to the damage to Party A. However, if Party B can prove that it is faultless, the liability for damage may be relieved.
Article 19. Game Management Rules
1. Transfer of information: When the game servers of the Company are consolidated, the Company shall be entitled to transfer users' role files to other game servers of the Company.
2. In order to standardize the ways of playing games, Party B may establish reasonable and fair game management rules, and Party A shall comply with the game management rules publicized by Party B ("Gamobi Game Management Practices").
Changes in the game management rules shall be subject to the procedures specified in Article 22. 3. If the game management rules fall within one of the following circumstances, the provisions thereof shall be invalid:
(1) They are contradictory to this Deed; or
(2) They deprive of or restrict Party A's rights under this Deed. However, this shall not apply when Party B proceeds in accordance with the provisions of Article 20.
Article 20. Countermeasures Against Violations of Game Management Rules
Unless otherwise provided for herein, when there are sufficient facts evidencing that Party A has violated the game management rules when playing the games hereunder, Party B shall communicate the facts on the gaming website or in the games and notify Party A through online real-time communications or by email. If Party A fails to rectify the violations after receiving the notice of rectification from Party B, Party B may, depending on the degree of severity of the circumstances, restrict Party A's rights to use the games in accordance with the game management rules.
Suspension of Party A's right to play games by Party B in accordance with the game management rules shall not last for more than seven days every time.
Except for those that constitute the grounds on which this Deed shall be terminated, the actions taken by Party B in accordance with the game management rules against Party A shall not be prejudicial to the rights available to Party A pursuant to this Deed.
Article 21. Right to Complain
If Party A is dissatisfied with the connection quality and the quality of the services in connection with game management, billing and otherwise that are performed by Party B, or does not submit to the actions taken by Party B in accordance with the game management rules, he/she may file complaint to the Service Center of Party B or via email or in writing within 7 days from the date immediately following the date when he/she receives the notice thereof. Party B shall tell Party A the results of the case within 15 days after receiving the complaint.
Party B shall specify the email address for receiving the complaint or other ways of service on the gaming website or in the game management rules.
Article 22. Change to Deed
When Party B changes this Deed, it shall publicize the changes on the homepage of the gaming website and logon pages of the games and notify Party A in writing or by email.
If Party B fails to do the things specified in the preceding paragraph, changes to this Deed shall be invalid.
If, within 15 days after the notice referred to in the first paragraph of this Article is served, 1. Party A does not object to the changes, it shall be deemed to have accepted the contents of the changes; or
2. Party A objects to the changes, it shall be deemed to have notified Party B to terminate this Deed.
Article 23. Termination of Deed, Refund
Party A may terminate this Deed by notifying Party B at any time.
When this Deed is terminated, Party B shall return the pre-paid funds paid by Party A or game fees that have not been used to Party A within 30 days after deduction of 30% necessary costs, and the amount to be returned shall be paid in cash, through credit card, by money order or check sent by registered letter. The game fee to be returned shall not include the virtual items and virtual currency given during promotional activities and gift giveaways.
If Party A falls within any of the following significant circumstances, Party B may terminate this Deed immediately after notifying Party A in writing or by email:
1. He/she makes use of any systems or tools to maliciously attack or sabotage Party B's computer systems. 2. He/she plays the games by using cheating programs, virus programs, games, bugs in the game programs or in another manner violating the principles of fairness and reasonableness.
3. He/she has committed any illicit acts that have been ascertained by the competent judicial organ. Where Party B mistakenly determines the foregoing facts or cannot adduce evidence, it shall be responsible for compensating for the damage that Party A sustains.
Article 24. Effect of Individual Provisions
If any provision of this Deed is invalid, whether in whole or in part, the effect of other provisions shall not be affected.
Article 25. Governing Law and Court of Jurisdiction
It is agreed that the interpretation and application of this Deed and the relevant game management rules as well as the rights and obligations of Party A and Party B derived from Party A's use of the services hereunder shall be governed by the laws of the Republic of China.
It is agreed that if matters covered herein necessitate litigation, the Taipei District Court shall be the court of first instance.
The stipulations in the preceding paragraph shall not preclude the applicability of the courts of jurisdiction for small claims suits as provided for by Article 47 of Consumer Protection Law or Article 436 (9) of the Civil Procedure Law.
Article 26. Sensitive Information
In order to maintain the good quality of gaming services, we will receive the basic information on users' mobile phones and other physical devices if the App hereunder is installed thereon, including, but not limited to models, system versions, email addresses, date of registration, version information of devices, Line account information, users' nicknames, userMac, push SMS received, mobile phone numbers, locations, information about other games played on the Gamobi gaming platform, device versions, etc. In order to meet the need for search, the App will store access information to ensure security of information, and all messages are subject to encrypted transmission.
Article 27. Operation by Users and Automatic Exit from the Program
In order to ensure that users have the right to gain good experience, the App will not automatically exit from the program if an user performs no operations on it for 60 minutes or more.
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