Member Service Agreement

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
Tel.: (02)7702-7700
Website: https://global.9splay.com/
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 become a member of 9SPLAY ENTERTAINMENT TECHNOLOGY CO., LTD. When you register through quick registration or regular registration (consumers shall fill out their personal information at the page of “Linking 9S member information to the system”), please read the member service agreement of 9SPLAY ENTERTAINMENT TECHNOLOGY CO., LTD. (hereinafter, the “Agreement”). If you do not have any question, please tick the box and click on “Agree.” You will then officially become a member of 9SPLAY ENTERTAINMENT TECHNOLOGY CO., LTD. (hereinafter, “Party A”) and enjoy the games and relevant services provided by 9SPLAY ENTERTAINMENT TECHNOLOGY CO., LTD. (hereinafter, “Party B”). If you do not agree to the content of the Agreement, please click on “Cancel” to return from this page.

(The Agreement applies to the form agreements entered into by the parties for online games provided by Party B and conducted through Party A’s connection to the server designated by Party B via Internet using computers, smart devices or other electronic devices. However, the foregoing does not include electronic game machines under the Electronic Game Arcade Business Regulation Act, LAN games or other games that do not require Internet connection to the server.)

To protect Party A’s rights and benefits, please read closely to all contents of this Agreement below. Once Party A uses the game and the relevant services, it will be deemed that Party A has read closely and understood the content of the Agreement, and Party A agrees to comply with the terms of the Agreement and the game rules of Party B. In the event Party A violates any laws and regulations, the terms of this Agreement or each game rules, it is willing to bear the relevant legal liabilities and losses.
Party A may notify Party B to terminate this Agreement within seven days after the game starts, and Party A does not need to explain the reasons or bear any expenses. However, the foregoing does not apply to situations where Party B has provided Party A for prior examinations.
In the situation described in the preceding section, Party A may request refund from Party B for unused paid points according to Party B’s refund policies. However, it does not include the virtual items given for free in the game.

Article 1. Online Game Service Application<

(1)Party A has closely reviewed and understood the content of the Agreement and is willing to completely comply with the terms of the Agreement and Party B’s game rules.
(2)For applying for Party B’s game service, if Party A is a person with no capacity to make juridical acts, the application shall be done by its guardian; if Party A is a person limited in capacity to make juridical acts, the application shall be consented by the guardian.
(3)In the event Party A is a person limited in capacity to make juridical acts and did not obtain the consent to or if he is a person with no capacity to make juridical acts and not represented by the guardian to pay for points, which results in guardian’s claim for refund, the guardian may prepare the documents for evidence and file for application according to the process announced on Party B’s official website. After Party B confirms, it will refund Party A the unused game fees according to the provisions of this Agreement.
(4)Party B shall clearly mark on the homepage of the official website, log in page or the purchase page of games in Chinese that in the event Party A is a person limited in or with no capacity to make juridical acts, in addition to compliance of this Article, it shall be able to use the service provided by Party B only after Party A’s guardian reads, understands, and agrees to all contents of this Agreement. The same applies when the terms of the Agreement are amended.


Article 2. Content of the Agreement<

(1)The followings are deemed as a part of the Agreement and have the same effect as the Agreement:
1. Party B’s advertisement or promotional content concerning game service.
2. The charging rate chart for billed games and game rules.
(2)In the event there is any dispute of the terms of the Agreement, it shall be interpreted as beneficial to Party A.


Article 3. Service Scope

The service provided under this Agreement is for Party B to provide web servers that allow Party A to log in to play the game by Internet connection. However, it does not include the service for Party A to apply for Internet access to Internet access providers and the provision of all hardware and fees required for Internet connection.


Article 4. Game Registration

(1)When Party A applies for the use of game and relevant service, it may, to Party B’s request, register to Party B’s official or game charge page and personal information consistent with identification documents (including, without limitation, real names, contact information and ID number).
(2)Personal information registered by Party A, if incorrect or changed, shall be corrected immediately. If Party B needs to contact Party A for service provision and Party A does not provide correct personal information or the originally provided information is incorrect and not updated, Party B may suspend Party A’s use of game, game history inquiry or other relevant services and the unused points in the account before Party A provides real information or updates the information. However, the foregoing does not apply to situations where Party A may prove he is the party hereto by ways other than personal information.
(3)Please be careful in keeping your username, password, and ID number to protect your rights. Please also be aware of the leakage of personal information and online friends and game scamming. Please do not apply with others’ personal information. In case of violation, Party B is entitled to suspend the use of all services.


Article 5. Charging Standard Changes and its Notification

(1)When the rate is changed, Party B shall announce on the game website, during the game or the game log in page; if Party A has already registered an email address when creating an account, the notice will be sent to Party A by email as well.
(2)Where the rate is changed, it shall be charged at the new rate since the date the adjustment takes effect. In the event the new rate is higher than the original rate, Party A’s value deposited to the game website prior to the new rate effective date shall be charged at the original rate.
(3)Where in the game service, such as game store and online shops, any points, merchandise or other services need to be purchased by Party A with additional fees (such as cryptocurrency ,treasure or advanced tools) is provided, Party B shall announce and specify the payment method and merchandise information on the homepage of the official website, log in page of the game, the purchase page or the store page.


Article 6. Information that Shall be Specified in the Game

Party B shall specify the following on the homepage of the official website, log in page of the game, the purchase page or the game suite’s packaging:
(1)The game rating category and the ages prohibited or suitable to use according to the Rules Governing Game Software Rating.
(2)The minimum software and hardware requirement for playing the game.
(3)Rights to refund as provided in Consumer Protection Act and relevant laws and regulations.
(4)In the event a safety device is provided, its free or billed information.
(5)In the event merchandise or activity is provided for paid opportunities, the information of activity content, prizes, and winning. A notice stating “This is a lucky draw prize and the purchase or the participation does not mean the consumer could obtain the certain merchandise.”


Article 7. Effectiveness of Agreement

Party A will be deemed as agreed to the stipulations of the Agreement when entering the web page displaying the Agreement and clicking on the “Agree” button during the creation of an account for the first time after the Agreement’s review period.


Article 8. Username and Password

(1)Where Party A chooses fast registration, Party B will review and issue a set of username and password to Party A. Such an issued username cannot be changed and the password may be changed pursuant to the change method provided by Party B. Where Party A chooses regular registration, it shall determine the username and password by itself. Where Party B’s game shall be linked to Party A’s Google Play Game or Apple Game Center (Apple ID), Party A does not need to set a password. In the event Party A chooses not to link to Google Play Game or Apple Game Center (Apple ID), Party B’s game system will automatically issue an username for Party A’s use and Party A does not need to determine a password.
(2)The username and password obtained by Party A after completing the registration process will only be provided for its use. Party A shall properly keep username and password without sharing with others and change the password from time to time. Party A shall also ensure to log out every time after using the game and other relevant service.
(3)Party A shall properly keep username and password and is prohibited from selling, renting, leasing, transferring or assigning the same to a third party for their use. In the event any dispute arises therefrom, Party A shall be solely liable without involving Party B.
(4)Party A takes full liability for the keep of username and password of this Article. In the event the username or password is illegally used by others due to insecure storage, this is a situation attributable to Party A and Party A will bear full responsibility therefor.
(5)After Party A completes the registration of Party B’s game, it shall properly keep the transaction record (such as, hard copy receipt and electronic receipt) and such transaction records shall be kept for at least three years.
(6)Party B’s personnel (including Party B’s customer service and game manager) will not actively inquire about Party A’s password. Party B shall keep Party A’s username and the electronic records attached thereto within thirty days after the Agreement terminates.
(7)In the event the Agreement is terminated for causes not attributable to Party A, Party A is entitled to continue to use the username and the electronic records attached thereto after renewing in the period under the preceding section.
(8)Upon the expiration of the period under Section 6 of this Article, where Party A has not renewed, Party B may delete such an username and all information attached thereto. However, the foregoing does not apply where laws and regulations provide otherwise.


Article 9. Notice and Handling of Illegal Use of Username and Password

(1)Where either party discovers a third party illegally uses Party A’s account or any abnormal damage to the user security, it shall immediately notify the other party. After Party B receives Party A's notice or after Party B notifies Party A with Party A’s confirmation regarding the aforementioned situation, Party B may suspend the use of such username or password and issue a new username or password to Party A.
(2)In the situation described in the preceding section, Party B shall refund Party A the deducted deposited value or compensate Party A with equivalent game expense. However, the foregoing does not apply to those attributable to Party A.


Article 10. Handling of Improper Transmission of Electronic Records

(1)In the event Party A finds that the username or password is illegal used and the electronic game record is improperly transmitted, Party A shall immediately notify Party B to verify. Once Party B verifies Party A’s identity, it shall immediately suspend the username and temporarily restrain the online game user’s right to use the service.
(2)Party B shall, upon the suspension of right to use the game, immediately notify the third party possessing the electronic record under the preceding section to submit explanation in writing or through email. If such third party does not submit explanation within seven days after receiving the notice, Party B shall directly restore the improperly transmitted electronic records to Party A. Where the restoration is impossible, other equivalent compensation agreed by the parties may be adopted, and the restriction to relevant online game users will be lifted after the restoration. However, Party B is not liable for restoration or compensation in the event Party B provides free security devices (such as anti-theft cards and phone locks) and Party A chooses not to use them or there are other causes attributable to Party A.
(3)Where the third party possessing the electronic records under Section 1 does not agree with Party B’s handling under the preceding section, Party B may report the same to the police and handle it by judicial proceedings.
(4)Where Party B restricts Party A’s right to use according to Section 1, Party B may not charge Party A during the restricted period.
(5)Where Party A makes any false representation that causes damages to Party B or other online game users, Party A shall bear all legal liability.


Article 11. Expiration Period, Consultation and Fees of Game History

(1)Party B shall preserve Party A’s personal game history record, and the preservation period is thirty days for Party A’s inquiry. Party B cannot accept Party A’s inquiry after the preservation period of thirty days.
(2)Party A may apply for review of Party A’s personal game history in writing, through the Internet, or in person at Party B’s service center, and has to submit personal information consistent with the identification documents for review. The inquiry expense is NTD 200 and will be borne by Party A.
(3)Upon Party B’s receipt of Party A’s application for inquiry, it shall provide Party A’s personal game history stipulated in Section 1, and such information shall be provided to Party A in storage media such as discs, tape or documents or email.


Article 12. Personal Information

Concerning the protection of personal information, it shall be handled in accordance with relevant laws and regulations. Save and except for stipulated by laws or requested by competent authority, Party B may not sell, exchange, lease or disclose Party A’s name, address, email address and other personal information protected by law without Party A’s consent. Where the following happens, Party B may disclose Party A’s personal information or game history in accordance with laws:
(1)in accordance with laws and regulations and requests from the competent authority
(2)to protect Party B’s property and rights
(3)to protect safety of Party B’s member or the public in case of emergency
(4)game history relating to a third party and such third party makes an inquiry to Party B


Article 13. Electronic Records

(1)All electronic records of Party B’s game is owned by Party B and Party B shall keep Party A’s relevant electronic records complete.
(2)Party A has the right to dispose the electronic records under the preceding section; save and except for the transfer and profit act outside of the game and relevant service.


Article 14. Virtual Items in Party B’s Game

(1)Virtual items in Party B’s game (including without limitation gold coin, diamonds, tools and equipment) are owned by Party B. Party A may only have the right to use virtual items in situations compliant with laws and the Agreement.
(2)Party A may not transact with virtual items under the preceding section with other users offline. Any problems or disputes arising from Party A’s offline transaction, Party A will be responsible by himself and Party B will not be involved.
(3)Party A may not request to transform, assign, cash out or change for other virtual tools, currency the virtual items given for free in Party B’s game.


Article 15. Connection Quality

(1)In the event Party B plans to suspend all or part of game service for maintenance of system and software and hardware relating to game service, it shall announce the same in game, on official website, game log-in page or purchase page seven days in advance and notifies Party A when it logs in and send push notification of the suspension during the game. However, the foregoing does not apply to suspension due to sudden or urgent causes or those not attributable to business operator.
(2)In the event game service cannot be provided to Party A due to reasons attributable to Party B (excluding reasons of upstream contractors or other force majeure), Party B shall immediately correct or repair. Party B shall refund the deposited amount deducted during the suspension or return the merchandise in the game. Where the refund or return is impossible, other reasonable compensation shall be provided.
(3)Party B is an Internet service content provider instead of a ISP operator. In the event the game cannot proceed or if there is any lag or backtracking during the game due to bad quality of ISP network or reasons not attributable to Party B, Party B is not liable for Party A’s losses incurred therefrom.


Article 16. Service Change, Suspension or Termination

Where any of the following happens, Party B is entitled to change, suspend or terminate Party B’s service:
(1)Where the server has any system outage due to system maintenance planned in advance, it shall announce on homepage of the game website or official website, and game’s Facebook fan page on the day before. It shall also notify Party A when it logs in and suspend the service after sending push notification during the game.
(2)Party B’s server is damaged in any form (including without limitation DDoS) that cases it unable to function normally.
(3)Internet network or other causing Party A’s connection to Party B’s server through the Internet is lagged.
(4)Natural disaster and other force majeure.
(5)To protect the safety of other members and third parties in emergencies.
(6)In the event a sudden outage of software, hardware equipment and electronic communication equipment happens.


Article 17. System Security and Software Loophole

(1)Party B shall provide service based on the provisions of this Agreement and maintain its computer system to comply with the reasonably expected security based on the technology or professional standard at the time.
(2)In the event the computer system or electronic records are damaged, or the computer system is dysfunctional, Party B shall restore it the soonest after adopting reasonable measures.
(3)In the event Party B causes damages to Party A by breaching the preceding two sections or loopholes of game program (not caused by suppliers or other force majeure), it shall be liable for damages according to the damages Party A suffers. However, where Party B can prove it is not negligent, the liability may be mitigated.
(4)Where Party B’s computer system has any of the situations stipulated in Section 2, Party B may not charge Party A before the repair is completed and the operation is normal.
(5)Party B may not assist in the handling of disputes involving Party A arising from sharing account and commissioning others to purchase points.
(6)In the event Party A’s game role or virtual item is deleted, backtracked or Party A suffers monetary damages due to causes attributable to ISP provider or Party A’s operations, Party B will not be liable for damages.


Article 18. Game Rules

(1)To regulate the proceeding of the game, Party B shall stipulate reasonable and fair game rules and Party A shall comply with the game rules announced by Party B. The change of game rules shall be done according to the procedure stipulated under Article 21. However, if the game rules have any of the following, such a provision is invalid:
1. A provision is against the terms of this Agreement.
2. A provision deprives or restricts Party A’s right under the Agreement. However, the foregoing does not apply to situations where Party B handles the situation according to Article 19 or 22.
(2)In the event Party B's game servers are merged, Party B is entitled to transfer Party A’s role file to other game servers of Party B.
(3)Party A shall comply with the following rules:
1. Party A may not conduct any act affecting Party B’s game program and game data transmission.
2. Party A may not access with bad intention or attack Party B’s server by any means, or has any act damaging the normal operation of Internet service.
3. Party A may not use bugs in Party B’s game and third party extension to damage the game’s fairness and causing more burden to server such as earn coins, duplicate tools, accumulate experience rapidly.
4. Party A may not publicly or privately disseminate any existing and usable bug of Party B’s game, and shall immediately report the same to Party B when it discovers such problem.
5. Party A may not use any role name having meanings that are assaulting, obscene, insulting, reactionary, otherwise damaging to Party B’s game image, in violation of the good social custom and those intentionally disrupts orders of Party B’s service.
6. Party A may not conduct any act affecting Party B’s normal game order.
7. Party A may not intentionally disrupt Party B’s service by using words having meanings that are assaulting, insulting or in violation of the good social custom.
8. For enriching the content of the game, Party A agrees that Party B may update and adjust and change all functions within the game during the operation of the game from time to time. The operation, content, and setting of the game are as those actually updated.


Article 19. Handling of Game Rules Violation

(1)Unless otherwise provided in this Agreement, where there are facts sufficiently evidence that Party A violates game rules in Party B’s game, Party B shall announce the same on the official website, game log-in page, purchase page, game website or during the game, as well as notify Party A according to Party A’s registered contact information. Where such violation is not improved after Party B’s notice, Party B may restrict Party A’s right to use the game according to the game rules and depending on the severity of the violation.
(2)Upon Party A’s first violation of game rules, Party B shall notify Party A to improve within a certain period. In the event the violation is not improved after being notified by Party B, Party B may immediately restrict Party A’s right to proceed to game according to game rules. Such restriction includes, without limitation, warning to Party A, forced offline, confinement, name change, role deletion, account freeze. Where the violation is particularly severe, Party A’s legal liability will be investigated. Party A will bear the liability for all damages or losses incurred from Party A’s violation.
(3)Where Party B suspends Party A’s right to proceed to game according to game rules, each suspension may not exceed seven days.


Article 20. Right to Complaint

(1)In the event Party A is not satisfied with the connection quality, game management, charged fees or the quality of other relevant service provided by Party B, or has any dispute about Party B’s disciplinary act in accordance with game rules, it may file a complaint within seven days from the next day of receipt of the notice in person at Party B’s service center or by email or written document. Party B shall reply with the handling result within fifteen days after receipt of such complaint.
Customer Service Telephone: (02)7709-7866
Customer Service Fax: (02)2547-5195
Customer Service Email: https://global.9splay.com/Service
(2)The preceding section applies to where Party A complaints about a third party’s use of extensions or other complaints about the fairness of the game.


Article 21. Termination and Refund

(1)In the event Party B changes this Agreement, it shall announce the same on the official website, game log-in page or purchase page, and notify Party A according to Party A’s registered contact information. Changes to the Agreement is invalid if Party B does not announce or notify pursuant to the aforementioned provision.
()Party A will, within fifteen days after receipt of the notice under Section 1:
1. Where Party A does not object to the change, Party B will continue to provide the game and relevant service according to the changed agreement.
2. Where Party B objects, it will be handled as Party A terminates the Agreement.


Article 22. Supplementary regulations

(1)Party A may notify Party B for termination of this Agreement at any time. After the termination of this Agreement, Party B will delete Party A’s game account (including Party A’s game role and all items possessed by Party A in the game).
(2)In the event Party A desires to terminate the service and proceed with refund, it shall file a refund application and proceed in accordance with the announced refund procedures from Party B.
(3)If Party A does not comply with the procedures under the preceding section after the expiry or termination of this Agreement and directly proceed with refund on third party platform (including, without limitation, IOS and Android), Party B is, in addition to handle according to Section 1 of this Article and notify Party A, entitled to request Party A to compensate cash in an amount equivalent to the used points and bear the necessary costs that shall be borne upon the termination of this Agreement. Where Party A does not perform within the designated period or refuses to perform, Party B may request Party A to perform through legal proceedings.
(4)Upon the termination of this Agreement, after Party B deducts the necessary cost of 35%, it shall refund Party A’s unused deposit or game expenses within thirty days by cash, credit card, draft or check sent by registered mail.
(5)In the event Party A has any of the following material defaults, Party B may immediately terminate this Agreement after notifying Party A according to the contact information it registered:
1. Malicious attack or damage made to Party B’s computer system by using any system or tool.
2. Proceed with game by using any extensions, viruses, loopholes of the game or other means in violation of the normal setting of the game or fairness and reasonableness.
3. Any illegal act found by judicial authority.
4. Violation of any membership rules or game rules.
5. Acts in violation of public safety, public order and good custom.
6. Impersonate and applying for Party B’s member account
7. Purchase points or merchandise within the game through impersonation, fraud or other false or unjust means.
8. Infringes or may infringe Party B’s intellectual property right (including, without limitation, Party A uses Party B’s game for alteration, reproduction, adaption, distribution, publication, public release, reverse engineering, reverse programing, and disassembly).
9. Violates game rules three times or above for the same cause and does not improve after being notified for improvement according to Article 19 of this Agreement.
(6)In the event Party B has any misidentification of the fact under the preceding section or cannot provide evidence, Party B shall be liable for Party A’s damages.
(7)Party B has the right to review the authenticity of Party A’s information to protect Party A’s right to terminate this Agreement and refund.


Article 23. Payment with ATM

Where Party A uses an ATM to transfer the payment, please ensure the payment account number is correct and please refrain from incorrect input and transferring the payment to a third party’s member account. According to the operation rules of financial institutes, in the event Party A makes a mistake in inputting the account number for payment transfer, causing the payment to be transferred to others’ bank account, Party B and the bank will not be liable for recovering or compensation, and Party A shall contact the other party and recover the payment. Party B will only provide relevant evidence and assist in handling the case by cooperating with judicial authority in accordance with laws.


Article 24. Credit Card Payment

(1)When Party A uses credit card information on Party B’s website for the first time, to protect transaction safety, Party B will first verify the cardholder’s information with the bank. If the cardholder’s information of the credit card used by Party A has any problem with bank verification, Party B will first cancel Party A’s transaction and eliminate the deposited points. Meanwhile, customer service will contact Party A to confirm the transaction. If Party B’s customer service cannot contact Party A, it will suspend the service for Party A to continue to use credit card deposit.
(2)If Party A’s member account has any credit card fraud or cancelled transaction, Party B will freeze Party A’s membership and right to use game account while requesting customer service to get in touch with Party A. If Party A cannot provide a payment certificate, Party B will request Party A to pay the accumulated outstanding amount to allow its use of this service. If Party A obtains unjust enrichment by committing credit card fraud or cancelling transaction to the credit card company, Party B will request the judicial authority to investigate in accordance with law, as well as investigate the relevant civil and criminal liability. If customer service cannot contact Party A and Party A does not file a dispute to customer service within seven days from the happening, Party B will proceed with the aforementioned procedures.


Article 25. Account Removal and Game Termination

(1)Party A registered the account for a year (inclusive) or more without logging in the game website and using this service, Party B will then notify Party A to log in within fifteen days. If Party A does not log in to use the service within the said period, Party B may terminate this service and reclaim the relevant virtual game suite.
(2)In the event this Agreement is terminated due to Party B’s cessation of game operation, it shall announce the same on the homepage of official website, game log-in page or purchase page thirty days prior to the termination. If Party A registered its contact information when creating the account, it will also notify Party A according to the contact information registered by Party A.
(3)Where Party B does not announce and notify according to the period stipulated in the preceding section, save and except for refunding Party A’s unused paid points or game fees without deducting necessary costs, it shall provide other reasonable compensation to Party A.
(4)The refund requirements relating to termination of this Agreement under this Article will be handled in accordance with Article 22 of this Agreement.


Article 26. Free Games

If Party B provides free game service, save and except that Party A will bear expenses for the Internet access and equipment necessary for the Internet, in the event it does not pay Party B any game fees, Party B is not liable for any breach damages or other compensation.


Article 27. Delivery

(1)Party A agrees Party B to deliver all notices relating to this Agreement according to the contact information registered by Party A.
(2)In the event the registered contact information under the preceding section is changed, Party A shall immediately notify Party B. Party B shall deliver according to the changed contact information.
(3)Delivery is assumed to be completed after Party B issues the notice according to Party A’s registered contact information and when the written notice reaches Party A or email enters Party A’s email server.
(4)In the event Party B cannot deliver due to Party A’s intentional or negligent act, Party B is not liable for Party A’s damages caused by inability for delivery.


Article 28. Governing Law and Jurisdiction

(1)The interpretation of this Agreement is governed by the laws of Republic of China.
(2)The parties agree to submit disputes arising from this Agreement to Taiwan Taipei District Court for first instance.
(3)The preceding agreement does not exclude the application of Article 47 of Consumer Protection Act and Section 2, Article 28 and Article 436-9 of Code of Civil Procedure.


Article 29. Effect of Individual Terms

In the event all or part of any terms stipulated in this Agreement is invalid, it does not affect the effect of other terms.


Article 30. Language

The Agreement is made in Chinese (traditional and simplified), English, Japanese and Korean. In the event there is any discrepancy or conflict among different language versions of this Agreement and its interpretation, the traditional Chinese version will prevail.