©SNK CORPORATION ALL RIGHTS RESERVED. ©SOFTSTAR GAMES ALL RIGHTS RESERVED.
1. Introduction
1.1. SNK：Fighting Masters all associated sites and mobile applications (collectively, the linked with the same is operated by SOFTSTAR GAMES(including its affiliated and related corporations, collectively the “Company”). These terms and conditions (the “Terms of Services”)shall apply to all Users (as defined hereinafter) of the Company’s game (the “Game”) website and mobile application (the “Site”). Capitalized terms used in these Terms and Services that are not otherwise defined have the meanings given to them in the Privacy Policy and Rules of Conduct. The Company offers: desktop and mobile games, the underlying Games client software and the Site client software (collectively, the “Software”);the Company Shop; and any other apps, websites, games or services that link to this Terms of Service, regardless of how the Users access or use them, including through mobile devices(collectively, the “Services”).]
1.2. The Services also include any services provided by or through the Software, any services made available through the Game or the Site, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available by or through us, including user generated content or “UGC” (collectively, "Content"). “UGC” refers to content of any kind or nature that Users upload, create and publish, or otherwise generate through or make available on the Services. Any updates, upgrades and new features added to or augmenting the Services are also subject to these Terms of Service. Not all Services or Content are available in all jurisdictions.
1.3. The Users shall read these Terms of Service carefully before using the Services or registering an account on the Site ("Account").By registering on, browsing, downloading, using or accessing any part of the Site or utilizing the Services, the Users agree to be bound by the Terms of Service, including any additional or modified terms and conditions and policies in relation to the Site or any future service that may be offered by the Company. If at any time the Users do not accept or agree to any or all of the Terms of Service, they may not access the Site or use any of the Services. Users refers to an individual who registers for an Account with us or who otherwise accesses or uses the Services (individually and collectively, “Users”).
1.4. The Company reserves the right to unilaterally update, change or revise these Terms of Service at any time or upon notice to its Users, subject to applicable law. The Company shall periodically update the Users of any revisions to these Terms of Service including by posting such revised Terms of Service on the Site. The Company encourage the Users to check the most current version of the Terms of Services regularly to make note of any changes. To the fullest extent authorized by law, the Users continued access to or use of the Services shall be deemed irrevocable acceptance of those revisions.
1.5. The Company reserves the right to change, modify, suspend or discontinue any portion of the Services at any time. The Company may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and the Company shall not be held liable in such instances. The Company shall impose limits on certain features or restrict the Users’ access to parts of, or the entire, Services in its sole discretion and without notice or liability.
1.6. The Company shall, at its sole discretion, refuse to provide the Users access to the Services or registration of an account.
2. Eligibility
2.1. Accepting the Terms of Service will constitute a legal contract between the Users and the Company. Consequently, any Users who is “incompetent to contract” under applicable law and regulations, including minors, un-discharged insolvents etc. is not eligible to use the Site. Only individuals who are eighteen (18) years of age or older may use the Site and avail Services. The Company reserves the right to terminate any User’s account and / or deny access to the Site if it is brought to the Company’s notice that such User is under the age of eighteen (18) years.
3. PRIVACY
The Users’ privacy is important to the Company. To better protect the Users rights, the Company has a Privacy Policy which contains the privacy practices of the Company in detail. The Users can review the Privacy Policy to understand how the Company collects and uses the information associated with the Users’ Account and/or the Users use of the Services. By accessing or using the Services or agreeing to these Terms of Service, the Users hereby consent to the Company collecting, using, disclosing, processing and/or transferring of the Users Personal Information and Sensitive Personal Data or information as described in the Privacy Policy.
4. LIMITED LICENSE
4.1. The Company grants the Users a non-exclusive, non-transferable limited right and license to install the Software and to access and/or use the Services, subject to the these Terms of Service and for personal use only. Under this license, the Users shall use the Services to create, develop, modify, upload and share (with other Users) UGC as part of the Games. For avoidance of doubt, this license does not allow the Users to make any commercial use of the Services (including without limitation any of its individual elements, including but not limited to the Games, Software or Content). The Company reserves the right to terminate any of the licenses granted under these Terms of Service at any time and for any reason, without prior notice to the Users. All rights not expressly granted by the Company under these Terms of Service are hereby reserved by the Company. Any third-party scripts or code, linked to or referenced from the Services, are licensed to the Users by the third parties that own such scripts or code, not by the Company.
4.2. The Users hereby acknowledge and agree that all title, ownership rights and intellectual property rights connected with the Services (including but not limited to any derivative works, titles, computer code, objects, themes, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated in the Services, and any related documentation), with the exclusion of UGC, subject to and governed by Clause 15 below, are the property of the Company and where applicable, third party proprietors identified in the Services.
4.3. By using or accessing the Services the Users hereby agrees to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services and its Content. The Users agrees not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or its Content. The Users shall not, without the Company’s prior written consent, mirror or frame any part or whole of the Services on any other server or as part of any other website. In addition, the Users agrees that the Users shall not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website).
5. TERMS OF USE
5.1. The license for use of the Services is effective until terminated as set forth in these Terms of Service or the Users fail to comply with these Terms of Service. In such event, the Company shall terminate the Users use of the Service without any prior notice.
5.2. The Users agree, undertake and confirm that the Users’ use of the Site shall be strictly governed by these Terms of Service. The Users agrees that the Users shall not:
5.2.1. forge headers or otherwise manipulate identifiers in order to disguise or mislead as to the origin of any Content or communications transmitted through the Services;
5.2.2. remove any proprietary notices from the Services;
5.2.3. cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of the Company;
5.2.4. use the Services for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
5.2.5. use the Services for fraudulent or unlawful purposes, including for any purposes relating or encouraging money laundering or gambling or otherwise inconsistent with, or contrary to, applicable laws;
5.2.6. attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof) or any network connected with the Services, or to attempt to breach, defeat or overcome any authentication measures, encryption technology or security measures implemented by the Company with respect to the Services, any network connected to or associated with the Services, and/or any data transmitted, processed or stored by the Company;
5.2.7. attempt to solicit, harvest or collect any information about or regarding other Users or Account holders, including without limitation any personal data, account information, passwords or other information;
5.2.8. attempt or gain unauthorized access to any portion or feature of the Services including any other Users’ account;
5.2.9. use any modified, hacked, or other unauthorized version of the Services, including to cheat, gain unfair advantage relative to other Users, or for any other purpose;
5.2.10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
5.2.11. interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
5.2.12. take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
5.2.13. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
5.2.14. make, enable, cause or permit, any transactions (including payments or financial transactions) that the Users are not authorized to;
5.2.15. create, access or use multiple Accounts to with respect to any single Game or Service;
5.2.16. attempt to sell or transfer Account or any associated Virtual Currency (as defined hereinafter) and/or Virtual Items (as defined hereinafter) to any third party in any manner;
5.2.17. use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
5.2.18. facilitate or encourage any violation of these Terms of Service or our other policies, including the Privacy Policy, as amended from time to time; and/or
5.2.19. use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
5.3. Further the Users shall not host, display, upload, download, modify, publish, transmit, update or make any Content which:
5.3.1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 ;
5.3.2. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.3.3. harasses or advocates harassment of another person, including children;
5.3.4. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
5.3.5. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
5.3.6. tries to gain unauthorized access or exceeds the scope of authorized access to the Site or to the profiles, blogs, communities, account information, or other areas of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
5.3.7. interferes with another User’s use and enjoyment of the Site or any third-party users enjoyment of similar services;
5.3.8. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the spirit of these Terms of Service;
5.3.9. violates any law for the time being in force;
5.3.10. impersonate another person;
5.3.11. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
5.3.12. contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
5.3.13. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
5.3.14. unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, harassing, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
5.3.15. contains any software viruses or any other computer code, file or program designed to interrupt, destroy, alter and/or limit the functionality of the Services and/or any computer resource belonging to the Company or its Users;
5.3.16. threatens the unity, integrity, defense, security or sovereignty of the nation or jurisdiction from which the Users are accessing or using the services, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to other nations;
5.3.17. any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorized form of solicitation;
5.3.18. contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment; and
5.3.19. the Users do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
5.4. The Users understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the Users and not the Company, shall be entirely responsible for all Content that the Users create, upload, post, email, transmit, communicate or otherwise make available through the Services. The Company does not control the Content posted through the Services and, as such, does not guarantee the accuracy, integrity, or quality or legality of such Content. The Users understand that by using the Services, the Users may be exposed to Content that the Users may consider to be offensive, indecent or objectionable. If the Users believe that any Content violates these Terms of Service including Clause4.2 above, please notify the Company immediately at global-service@softstargames.com.tw . in. The Company shall make reasonable endeavours to remove objectionable Content complained about within a reasonable time in accordance with applicable laws. However, under no circumstances will the Company shall be liable for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available through the Services.
5.5. The Users acknowledge that the Company may or may not pre-screen Content made available or communicated by the Users, however the Company and its designees shall have the right, but not the obligation, to review, pre-screen, refuse, delete and/or remove any Account or Content that is available through the Services for any reason. Without limiting the foregoing, the Company and its designees shall have the right to remove any Account or Content if:
5.5.1. the Company receives a complaint from other Users;
5.5.2. the Company receives a notice of intellectual property infringement or other legal instruction for removal (including but not limited to any notice, instruction or order by any regulatory or governmental body, or a court of competent jurisdiction to remove, suspend, freeze or delete any Account or Content); or
5.5.3. the Company, in its sole discretion, determines that such Account or Content is otherwise objectionable or in violation of applicable laws. The Company may also block delivery of a communication (including without limitation status updates, postings, messages and/or chats) to or from the Services as part of the Company’s effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.
The Users agree that the Users must evaluate, and bear all risks associated with the use of any Content, including without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. The Users acknowledge that the Users may not rely on any Content created by the Company or submitted to the Company, including without limitation information in the Company forums, instant messaging channels and in all other parts of the Services.
5.6. In the event the Users Account is deleted or deactivated in accordance with the preceding Clause 5.4, all Virtual Currency and Virtual Items (as defined hereinafter) in such Account shall be forfeited and no refund will be made in respect of the same to the fullest extent permitted by law
5.7. The Users acknowledge, consent and agree that the Company may access, preserve and disclose Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over the Company or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to the Users request for customer service; or (e) protect the rights, property or personal safety of the Company, its Users, and/or the public.
6. SOFTWARE UPDATES AND PATCHES
6.1. Th Company shall provide updates, patches and other modifications to the Services that may be required to be installed for the Users to continue to play the Games smoothly. The Company may update, patch or modify the Software remotely and access the Software of the Users’ machine or device for such purpose, and the Users hereby grant to the Company the right to deploy and apply such patches, updates and modifications. All provisions of these Terms of Service that refer to “Software” shall also include all such patches, updates and modifications.
6.2. The Users are requested to always use the latest version of the Software that includes all updates and/or patches provided by the Company and, to the fullest extent authorized by law. The Company shall not be responsible for any loss or damage arising pursuant to the Users’ failure to use the latest version or the Users’ use of any outdated version of the Software.
7. ACCOUNTS AND SECURITY
7.1. Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. The Company, in its sole discretion, has the right to suspend or terminate the Users Account, if it determines that the User IDis offensive, inappropriate or is violative of these Terms of Services pursuant to Clause 5.
7.2. The Users Account is non-transferable and shall be used for personal use only. The Users shall not authorize any third parties to access or use their Account for any purpose whatsoever or try to transfer the Account or associated Virtual Currency and/or Virtual Items to any third party in any manner.
7.3. Certain content, advertisements or products available via the Site may include materials from third-parties. The Users shall use their Account to gain access to other products, websites or services, including those offered by third parties, to which the Company has enabled access or with which the Company has contracted, tied up or collaborated. The Company shall is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products or Services should be directed to the third-party.
7.4. The Users agrees to: (a) keep their password confidential and use only their User ID and password when logging in; (b) ensure to log out from Account at the end of each session, (c) immediately notify the Company of any unauthorized use of the Users User ID and/or password or any other breach of security or non-compliance with these Terms of Service or applicable laws; and (d) ensure the Account information is accurate and up-to-date. The Users shall be held responsible for all activities under the User ID and Account even if such activities or uses were not committed by the holder of such Account. The Company shall not be liable for any losses or damage arising from unauthorized use of the User ID, password, or Account or the Users’ failure to comply with this Clause 7.4.
7.5. The Users agree that the Company shall, in its sole discretion and without notice or immediately terminate the Users Account, the associated User ID, and remove or discard from the Services any Content associated with such Users’ Account and User ID. Grounds for such termination shall include, but are not limited to: (a) extended periods of inactivity; (b) violation of the letter or spirit of these Terms of Service; (c) violation of any applicable laws; (d) fraudulent, harassing, defamatory, threatening or abusive behaviour; or (e) behaviour that is harmful to other Users, third parties, or the business interests or reputation of the Company or that may otherwise subject the Company to legal or regulatory action. Usage of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without any prior notice to the Users. If the Users file a claim (under any cause of action whatsoever) either against the Company, or which in any way involves the Company, then the Companyshall terminate the Users Account.
7.6. If the Account remains inactive (which means the Users have not logged into or used their Account) for more than six (6) months, the Company reserves the right to delete or deactivate the Account and all Virtual Currency and Virtual Items in the Account shall be forfeited and no refunds will be made in respect of the same to the fullest extent authorized by law.
7.7. The Users shall use the Services and/or open an Account if the applicable jurisdiction allows the Users to accept these Terms of Service.
8. CHARGES AND PAYMENTS
8.1. In connection with some of the Games and other Services, the Users shall be offered the option to purchase Diamonds, or other in-game virtual currency (“Virtual Currency”), virtual in-game items or skins (“Virtual Items”) or other entitlements available via the Services. Depending on the Users’ jurisdiction and the Services the Users elect to purchase, the Users shall from time to time make payments to the Company or to other third parties.
8.2. If the Users elect to make such purchases or otherwise incur charges in connection with the use of the Services, the Users agrees to pay such charges in order to receive such Virtual Currency, Virtual Items, or to receive access to and/or the benefits of such Services. The price stated for the Virtual Currency, Virtual Items, and/or Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The Users are solely responsible for paying such taxes or other charges. The Company shall suspend or cancel any transaction and/or the Users’ access to the Services if the Company does not receive full payment from the Users within the stipulated due date for payment. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of Account and its Content.
8.3. To pay the charges for any Virtual Currency, Virtual Items or other Service, the Users shall be given the option to select a payment method before the Users complete the purchase or at the time the Users initiate the transaction to sign up for such Service. Virtual Currency or other Services shall also be purchased directly from certain authorized third parties. Payments for Virtual Currency, Virtual Items, or other Services may also be processed via third-party payment service providers. In such cases, the purchase of Virtual Currency, Virtual Items or other Services from such third parties or via such third party payment service providers is governed by their own respective terms and conditions, privacy policies. and the applicable laws of the jurisdiction where such purchases are being made.
8.4. Where applicable, the Users shall access and change the billing account information and payment method at any time. The Users consent the Company to use any updated account information regarding the payment method provided by the Users issuing bank or the applicable payment network. The Users agree to keep their billing account information updated at all times.
8.5. By providing the Company or the respective third-party payment service provider with a payment method or otherwise purchasing any Virtual Currency, Virtual Items or other Services, the Users:
8.5.1. represent that the Users are authorized to use the payment method provided and that any payment information provided is true and accurate;
8.5.2. authorize the Company or the respective third-party payment service provider to charge the Users for the relevant Virtual Currency, Virtual Items or other Services purchased using the Users preferred payment method; and
8.5.3. authorize the Company or the respective third-party payment service provider to charge for any paid feature of the Services that the Users chooses to sign up for or use while these Terms of Service are in force.
8.6. Depending on the nature of the purchase and subject to applicable laws, the Company shall bill the Users: (a) in advance; or(b) at the time of purchase.
8.7. The Company shall, at its sole discretion, revise the prices of Virtual Currency, Virtual Items and/or any Service at any time. If there is a fixed term and price for the Service offered, that price will remain in force for the duration of that term.
8.8. The Users right to use any Virtual Currency or Virtual Items is a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to use such Virtual Currency and Virtual Items solely for personal entertainment and non-commercial use in the Services only. Once purchased, any purchased Virtual Currency or Virtual Items will be valid indefinitely unless fully used or redeemed within the Services, until the Account is terminated for any reason or if the Company is no longer able to legally service and Account (for example, if the Users withdraw their consent for the Company to use Personal Information).
8.9. Virtual Currency and Virtual Items have no monetary value and have no value outside of the Services. Virtual Currency and Virtual Currency cannot be sold, traded, transferred, redeemed, or otherwise exchanged for cash or other goods or services outside of the Games and Services. Virtual Currency may be only redeemed for Virtual Items or other entitlements available via our Games and Services.
8.10. Unless otherwise provided by the applicable laws or by these Terms of Services, all purchases for Virtual Currency, Virtual Items or other Services are final and non-refundable. Once the Users redeem any Virtual Currency for a Virtual Item or other entitlement, the Virtual Item or other entitlement is final and not returnable, exchangeable, or refundable. The Users reserves the right to cancel any Services at any time, however, all pre-payments and all purchases of any Virtual Currency, Virtual Items or other Services are strictly non-refundable. If such purchase is made from an authorized third party or otherwise made payment via a third party payment service provider, the Users shall consult the third parties’ respective terms and conditions for additional information regarding their respective policies for refunds.
9. DISCLAIMER
9.1. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. THE USERS ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH THE USERS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.2. Some jurisdictions do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to the Users to the extent they are excluded by the applicable laws.
9.3. The Company shall not be held liable for any loss or damage or failure to comply with or delay in complying with the obligations under these Terms of Service which is caused directly or indirectly by any event or circumstances beyond the Company’s reasonable control including due to system failure, network issues, technical snags or loss of data due to any of the preceding reasons, act of God, floods, epidemics, pandemics, quarantine, riot or war.
10. EXCLUSIONS AND LIMITATION OF LIABILITY
10.1. In no event shall the Company shall be liable whether in contract, warranty, tort (including without limitation negligence (whether active, passive or imputed), product liability or strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for loss of use, profits, revenues, goodwill or anticipated savings or for any indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer, mobile phone or mobile device failure) arising out of or in connection with the use or inability to use the services, including, without limitation, any damages resulting therefrom, even if the Company has been advised of the possibility of such damages.
10.2. The Users reserves the right with respect to any problems or dissatisfaction with the Services, to terminate their Account and discontinue any use of the Services.
11. LINKS TO THIRD PARTY SITES
11.1. Certain links provided through the Services may direct the Users to third-party websites that are not affiliated with the Company. These links are provided by the Company as a courtesy only, and such third-party websites are not under the control of the Company in any manner whatsoever and the Users shall therefore access them at their own risk. Therefore, the Company is in no manner shall be held responsible for the contents of any such linked third-party websites or any link contained within a linked site, including any changes or updates to such third-party websites. The Company is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by the Company of any linked site and/or any of its content therein. The Company shall not be held liable for any loss or harm that occurs as a result of such third-party websites.
12. THE USERS' CONTRIBUTIONS TO THE SERVICES
12.1. By submitting UGC for inclusion on the Services, the Users represents and warrants that:
12.1.1. The Users are the creator and owner of, or have the necessary rights and permissions, to use and to authorize the Company to use and exercise the licenses granted by the Company under these Terms of Service to the full extent granted; and
12.1.2. the UGC and the use of the Users UGC does not and will not:
12.1.2.1. infringe, violate, or misappropriate any third-party right;
12.1.2.2. slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;
12.1.2.3. require the Company to obtain licenses, pay compensation or provide attribution to, the Users or any third parties;
12.1.2.4. result in a breach of contract between the Users and a third party; or
12.1.2.5. cause the Company to violate any law or regulation.
12.1.3. The Users further acknowledge and agree that the Users are solely responsible for anything the Users post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any UGC contributed by the Users. To the extent permissible under applicable laws, the Users hereby irrevocably and perpetually waive all moral rights (or equivalent rights) arising under the laws of any jurisdiction in respect of UGC contributed by the Users. If and to the extent that such rights cannot be waived, the Users hereby agree not to assert such rights against the Company.
12.2. Without prejudice to Clause 4.2, to the extent that any UGC contributed by the Users are original works of the Users, all ownership rights and intellectual property rights in and to such UGC shall be retained by the Users. The Users hereby grant the Company and its successors an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (without the Users prior consent or authorization) and transferable (without the Users prior consent or authorization) license to use, reproduce, copy, distribute, publish, republish, transmit, modify, adapt, create derivative works of, publicly display, communicate to the public and publicly perform such UGC contribution on, through or in connection with the Services in any media formats and through any media channels, including without limitation, for marketing, advertising, promoting and redistributing part of the Services (and its derivative works) and for any other commercial or business purposes at the Company’s sole and absolute discretion. The Users understand that the contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
12.3. Any material, information, idea, or other UGC the Users post on or through the Services, or otherwise transmit to the Company by any means (each, a "submission"), is not considered confidential by the Company and may be disseminated, exploited or otherwise used by the Company without any compensation, attribution, obligation or liability to the Users for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to the Company, the Users acknowledge and agree that the Company and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in the Submission. Accordingly, the Users hereby grant the Company and its successors an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (without the Users’ prior consent or authorization) and transferable (without the Users’ prior consent or authorization) license to develop the items identified above, and to use, reproduce, copy, distribute, publish, republish, transmit, modify, adapt, create derivative works of, publicly display, communicate to the public and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including without limitation, for marketing, advertising, promoting and redistributing part of the Services (and its derivative works) and for any other commercial or business purposes at the Company’s sole and absolute discretion. This provision does not apply to Personal Information or Sensitive Personal Data or Information that is subject to our privacy policy except to the extent that the Users make such personal information publicly available on or through the Services.
12.4. The Company may in its discretion suspend availability of or delete any of the Users’ UGC or other Content on the Site at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates intellectual property principles or any guidelines or policies associated with the Services or if the Company determines in its discretion that any UGC does or may cause harm to the Services or to the Company’s reputation. The Company is under no obligation of any kind for suspending any UGC in accordance with this Clause.
12.5. The Users agree not to use any UGC submitted to the Site, in a way : (i) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable (in each case, as determined by the Company); (ii) in connection with false, defamatory, libelous or slanderous statements concerning the Company or otherwise in a manner intended or reasonably likely to disparage the Company or bring the Company into public disrepute, or (iii) in a manner which is intended or reasonably likely to suggest or imply that any User is affiliated with the Company or that the Company endorses the applicable UGC.
13. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
13.1. Each contributor of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with the Content the Users contributed. As such, the Company is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. The Users shall not hold the Company responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
13.2. In addition, the Services may contain links to third party text and video feeds (and podcasts) (collectively, "Third Party Feeds"), products, websites, services and offers, or links to download third party software applications. Additionally, third parties may make available, on their own websites, Third Party Feeds, and software applications. These third party links, Third Party Feeds, products, websites, services and software applications are not owned or controlled by the Company. They are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. The Company shall not review, and assume no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. The Users are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, the Users agree that the Company shall not be liable in any manner for the Users use of, or inability to use, any third-party feed, website or widget. The Users further acknowledge and agree that the Company may disable the Users use of, or remove any third party links, Third Party Feeds, or applications on the Services to the extent they violate these Terms of Service.
14. Intellectual property
14.1. The Company shall retain all right, title and interest, including without limitation all intellectual property rights relating to the Site and Services (and any derivative works or enhancements thereof), including but not limited to, all software, technology, information, materials, guidelines, and documentation. The Users does not acquire any right, title, or interest on the App and the Services provided under this Agreement.
14.2. The Users agrees not to permit any third party to modify, adapt, translate, or prepare derivative works from the Site and the Services provided under this Agreement.
15. COPYRIGHT INFRINGEMENT
15.1. If the Users believe that any Content (as included on the Services) has been copied, displayed, or distributed in a way that infringes a valid copyright, please notify our Copyright Agent (“Copyright Agent”). A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following:
15.1.1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
15.1.2. a description of the copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed by the Content;
15.1.3. a description of the exact name of the Content that is claimed to infringe and the location of the infringing Content on the Services;
15.1.4. information sufficient to permit the Company to contact the Users, such as the Users’ residential address, telephone number and e-mail address;
15.1.5. a statement by the Users that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
15.1.6. a statement by the Users that the information in the notification is accurate and that the Users are authorized to act on the copyright owner's behalf.
The Company Copyright Agent can be reached by email: global- global-service@softstargames.com.tw.
15.2. The Copyright Agent shall respond to any claims involving alleged copyright infringement.
Regarding any of the Users’ UGC that is removed or disabled, if the Users believe that their UGC is not infringing or that the Users have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in their content, the Users may send a counter-notice to the Copyright Agent. Any counter-notice submitted on behalf of an under-13 User must be submitted by a parent or other adult representative. When the Copyright Agent receives a counter-notice, the Company reserve the right to send a copy of the counter-notice to the original complaining party informing that party that the Company shall, in ten(10) business days, replace, remove or disable the same. Unless the copyright owner files an action seeking a court order against the provider of the UGC, the removed UGC may be replaced or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, in our sole discretion.
15.3. The Company’s intellectual property policy is to: (i) remove or disable access to material that the company is aware to be infringing the intellectual property rights of third parties or that has been identified in a valid notice submitted under this Clause by an intellectual property rights owner or his or her agent; and (ii) in appropriate circumstances, to terminate the Accounts of and block access to the Services by any Users who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.
16. TRADEMARK INFRINGEMENT
16.1. If the Users believe that any Content (as included on the Services) has been copied, displayed, or distributed in a way that infringes a valid trademark, please notify the Company’s Trademark Agent (“Trademark Agent”). A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following:
16.1.1. a physical or electronic signature of a person authorized to act on behalf of the owner of the trademark interest that is allegedly infringed;
16.1.2. a description of such trademark right that the Users claim has been infringed;
16.1.3. a description of the exact name of the infringing work and the location of the infringing work on the Services;
16.1.4. information sufficient to permit the Company to contact the Users, such as residential address, telephone number and e-mail address;
16.1.5. a statement by the Users that the use of the material identified in the manner complained of is not authorized by the trademark owner, its agent, or the law; and
16.1.6. a statement by the Users that the information in the notification is accurate and, under penalty of perjury, that the Users are authorized to act on the trademark owner's behalf
The Company Trademark Agent can be reached by email:global-service@softstargames.com.tw. The Trademark Agent shall respond to any claims involving alleged trademark infringement.
17. THE USERS’ REPRESENTATIONS AND WARRANTIES
17.1. The Users hereby represent and warrant that:
17.1.1. the Users possess the legal capacity (and in the case of usage of the Services by a minor, the parent or legal guardian and have given valid consent) and the right and ability to enter into these Terms of Service and to comply with its terms;
17.1.2. the Users shall use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations; and
17.1.3. the Users shall use the Services on a machine or device on which such use is authorized by the machine’s or device’s owner.
18. INDEMNITY
18.1. The Users agree to indemnify, defend and hold harmless the Company, and its shareholders, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at the Users expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:
18.1.1. the hosting, operation, management and/or administration of the Services by or on behalf of the Company;
18.1.2. the Users violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, including a breach of any representation or warranty referenced in these Terms of Service;
18.1.3. the Users access, use or misuse of the Services;
18.1.4. the Users actual or alleged violation or breach of any law or regulation or the rights of a third party (including but not limited to the infringement of a third party’s intellectual property right as a result of the inclusion of the Users UGC on the Services); or
18.1.5. the removal of the Users Account or any Content that the Users upload, post, email, transmit or otherwise make available through the Services in accordance with Clauses 5 above. To the extent permissible under applicable laws, the Company reserves the right, at the company’s own cost, to take on the exclusive defense and control of any matter subject to indemnification (without limiting the Users indemnification obligations with respect to that matter), and in that case, the Users agrees to cooperate with the company’s defense of that claim.
19. SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
20. GENERAL PROVISIONS
20.1. The Company reserves all rights not expressly granted herein.
20.2. The Users shall not assign, sublicense or transfer any rights granted to the Users hereunder or subcontract any of the Users obligations.
20.3. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between the Users and the Company, nor does it authorize the Users to incur any costs or liabilities on the Company’s behalf.
20.4. The failure of the Company at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
20.5. These Terms of Service are solely for the Users benefit and are not for the benefit of any other person or entity, except for the Company's subsidiaries (and each of the Company's and its affiliates' and subsidiaries' respective successors and assigns).
20.6. The terms set forth in these Terms of Service and any agreements and Privacy Policy included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
20.7. The Users agrees to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation to the Prevention of Corruption Act,1988 and confirm that the Users have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
21. INDEPENDENT CONTRACTORS
Nothing herein contained shall constitute or be deemed to constitute a relationship of agency, partnership, joint venture or employment between the delivery partners, the Users, including the vendor partners, and the Company.
22. TERMINATION
22.1. These Terms of Service are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms of Service at any time by notifying the Company that the Users no longer wish to use the Site or the Services, or when the Users cease using the Site.
22.2. If in the Company’s sole judgment the Users fail, or they suspects that the Users have failed, to comply with any term or provision of these Terms of Service, the Company may also terminate their access to the Site, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Site or the Services (or any part thereof).
23. WAIVER
The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
24. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service are governed by and construed in accordance with the laws of Taiwan. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Site, shall be subject to the exclusive jurisdiction of the courts at Taipei, Taiwan.
25. GRIEVANCE REDRESSAL
25.1. All grievances with the Company with respect to the products, Services or any other term of these Terms and Services can be addressed to -
In the event any User’s grievances are not suitably resolved or with respect to the alleged breach of any statutory compliances, such grievances can be escalated to
Email address - global-service@softstargames.com.tw