Rayark Service Terms

Rayark Inc. (hereinafter “Rayark”) and its Affiliate provide games (including but not limited to computer software or mobile applications), website (including Rayark’s website, Facebook fan pages and other social media operates by Rayark), services, information (together hereinafter “Rayark Services”) for user’s (hereinafter “User”) approach and use.

User shall read this <Rayark Service Terms> (hereinafter “Service Terms”) carefully before register any Rayark account or use Rayark Services.  This Rayark Service Terms establish a contractual relationship by and between Rayark and User.  By clicking the “Agree” option or register Rayark account or using Rayark Services, User is deemed to have agreed to the provisions of this Service Terms.

 

If User is a person without capacity to make juridical acts, the agreement on this Service Terms shall be made by his or her guardian.  If User is a person with limited capacity to make juridical acts, User warrants that his or her guardian had reviewed and agreed this Service Terms.

1. Definitions
1.1 “Affiliate” means enterprises which are independent in existence but are interrelated in either of the following relations: (A) having controlling and subordinate relation between Rayark and such enterprise; or (B) having made investment in each other.

1.2 “Game” means the game and the services related to such game provided by Rayark and/or its Affiliates.
1.3 “Gaming History” means User’s in-game progress recorded by the computer system from the time User login to the time of logout.

1.4 “Game Management Rules” means the rules established by Rayark to regulate how the Game is proceed. The Game Management Rules may be amended by Rayark from time to time.
1.5 “Game Points” means both Purchased Game Points and Non-Purchased Game Points.
1.6 “Necessary Costs” means the costs already incurred by Rayark or payments already made to third parties for the purpose of Rayark’s performance of this Service Terms, including without limitation, the third party’s fee and banking charge, etc.

1.7 “Non-Purchased Game Points” means the virtual currency acquired by User without paying monetary price to Rayark (for example, given by Rayark as a favor of any event or compensation); and such Non-Purchased Game Points can be used as a payment instrument in the Game (for example, exchanging Virtual Goods, selecting randomly the virtual items or unlocking level).
1.8 “Plugins” means the programs not provided by Rayark, the purpose of which is to affect or change or record the operation of Game.
1.9 “Purchased Game Points” means the virtual currency purchased by User pursuant to the buying mode stipulated by Rayark; and such Purchased Game Points can be used as a payment instrument in the Game (for example, exchanging Virtual Goods, selecting randomly the virtual items or unlocking level).
1.10 “Temporary Restriction (freeze)” means a temporary ban on User’s right to use Rayark Services, for example, temporary restrict to login the Game or use User’s Game account.
1.11 “Virtual Goods” means any virtual item in the Game. User only has the right on using such Virtual Goods under the law and Game Management
Rules.

2. Contents
2.1 The followings are considered as a part of this Service Terms:
(A) Announcements in regard to Rayark Services, regulations for the event, and advertisement relating to Rayark Services published or released by Rayark.
(B) Fee schedules and the Game Management Rules for each game.
2.2 In the event of any conflict between the foregoing and the Service Terms, it shall be interpreted in favor of User.

3. Marking Requirements for Game
Rayark shall state the followings on Game and the packaging of the Game:
(A) Label the game rating as well as the prohibited or recommended ages for the
Game in accordance with the “Game Software Rating Management Regulations”.
(B) Minimum software and hardware requirements of the Game.

4. Special Terms on Rescind of the Distance Sales
4.1 If the Purchased Game Points has been used by User (for example, exchanging Virtual Goods, selecting randomly the virtual items or unlocking level), such Purchased Game Points cannot be returned by its nature, and User may not request a refund in any reason by any means.
4.2 The Virtual Goods and Non-Purchased Game Points do not have a monetary or transaction value and are not-refundable under any circumstances.
4.3 If User paid to extend the game content, unlock the level or acquire the Virtual Goods directly, such purchase by its nature not-refundable under any circumstances.
4.4 If User has bought the Purchased Game Points through a third party platform (including but not limited to iOS or Android system), User shall follow such third party platform’s refund rules and procedure.

5. Notice on Adjustment to Fee Schedule
5.1 The fee schedule of Rayark Services will be published on the game and website.

5.2 In the event of an adjustment to the fee schedule, Rayark shall make an announcement of such adjustment thirty days prior to the new fee schedule’seffective date on Game, while Game is progressing, and on the Game’s login page; if User had provided an email address when register the account, Rayark shall also send an email notice to User.
5.3 In the event of an adjustment to the fee schedule, the new fee schedule will apply from its effective date. If the fee is charged by hour and if the new fee schedule is more expansive than the former fee schedule, the former fee schedule shall apply to the Purchased Game Points already obtained by User on Game prior to the fee schedule’s adjustment.

6. Intellectual Property Rights
All rights, titles and interest (including without limitation copyright, patent, trademark, trade secret and other rights) in and to Game and Rayark Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games, server software, and any other materials) are owned by Rayark or its respective rights holder. Rayark reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with Game and Rayark Services. User shall not reproduce,

copy, transfer, transmit, convert, edit, make derivative work or commit any infringement by any means unless otherwise legally authorized in advance by Rayark or the respective rights holder. Notwithstanding the foregoing, under following conditions, User may create visual art works or literature works by taking the components of Game or Rayark Website as reference: (A) User may only use such works for User’s personal non-commercial use; and (B) User has to mark or indicate that such works is a derivative work of Rayark Websites or Game to prevent the likelihood of confusion on any other third party; and (C) such works will not damage to or decrease the reputation of Rayark, the Game or the respective right holder.

7. Use and Safekeeping of the Account and Password
7.1 User shall choose one set of user account and password when register Rayark Service; Rayark shall grant a set of user account and password to User after he or
she completes the registration process. Once setup, the user account cannot be changed and shall be used exclusively by User. User should not transfer, rent, lease, transmit, or sublicense User’s account or any other rights granted to User to any other third party.
7.2 User may change his or her password by using password changing mechanism established by Rayark. No personnel of Rayark (including customer service and game administrator) may inquire about User’s password. Rayark shall keep User’s account and any electromagnetic records associated with the account for thirty days after the contractual relationship is terminated.
7.3 If the contractual relationship is terminated for reasons not attributable to User, User may, after completing the continuation procedures within thirty days, continue to use his or her original account as well as the electromagnetic records associated with the account.
7.4 If User failed to complete the continuation procedures prior to the 30-days expiration in the preceding paragraph, Rayark may, unless otherwise required by law, delete User’s account and all other data associated with the account.

8. Reporting and Handling Procedures for Unauthorized Use
8.1 In the event that any party discovered an unauthorized use of User’s account or any threaten to user account security, such party shall promptly notify the other
party. Once Rayark received a notice from User, or once User received a notice from Rayark, and after User’s confirmation, Rayark may temporary suspend the permission to use such account and password and grant User a new set of account and password.

8.2 Following the previous paragraph, if such situation is caused by a loophole in Rayark’s security system, Rayark shall return User the Game Points which were
used by the unauthorized third party; provided that Rayark is not reliable for providing any compensation if such situation is attributable to User.
8.3 User shall be responsible for the safekeeping of his or her account and password, and shall neither transfer, deliver, disclose, or lend them to any third party, nor let any other to use or access to User’s own account. If any dispute arises as a result of the foregoing, it shall be deemed attribute to User, and User shall be solely responsible for any liabilities resulting therefrom.

9. Improper Transfer of Electromagnetic Records
9.1 If User discovers that his or her account and password have been used without authorization and that his or her electromagnetic records have been transferred improperly (for example, the Virtual Goods has been transferred to a third party’s account without User’s prior consent or authorization), User shall promptly notify Rayark to make further investigation. After Rayark completed its investigation by verifying and confirming that the IP address had never been used by User, Rayark may place a Temporary Restriction on the accounts in issue.
9.2 Rayark shall, immediately upon the Temporary Restriction placed, notify the third party who possesses the electromagnetic records referred to the preceding paragraph in writing or by email to request for an explanation. If such third party failed to provide an reasonable explanation within seven days of his or her receipt of the notice or is not contactable by Rayark, Rayark shall directly recover the improperly transferred electromagnetic records to User; and if the records is not recoverable, Rayark may reimburse User based on the method otherwise agreed by the parties and lift the Temporary Restriction if any; provided, however, if
Rayark provided a safety device free of charge (such as anti-theft device, phone lock, etc.) and User failed to use such device, Rayark may recover the improperly
transferred electromagnetic records of User directly.
9.3 If the third party who possesses the electromagnetic records disagrees with Rayark’s approach referred to in the preceding paragraph, Rayark may seek judicial remedies in accordance with the appropriate reporting procedures.
9.4 In the event that Rayark placed a Temporary Restriction on User, Rayark shall not charge User any fees during such Temporary Restriction period.
9.5 If the rights of Rayark or other Game user are impaired or damaged as a result of User’s false or incorrect statement, User shall be solely responsible for it.

10. Gaming History Retention Period and User’s Inquiry

10.1 In order to provide User his or her Gaming History upon request, Rayark shall retain User’s personal Gaming History for thirty days. User may apply to access his or her personal Gaming History in writing or via the internet (including but not limited to sending emails or direct message through other social media),
and shall provide identification documents for Rayark’s verification of User identification. The NT$200 inquiry fee shall be borne by User.
10.2 Upon receiving User’s inquiry, Rayark shall provide User his or her personal Gaming History as referred to in the preceding paragraph via digital media or
email in seven days. However, the records of payment made by User through third party transaction platform (including but not limited to iOS or Android system) belongs to such third party; Rayark may not be able to provide such payment record to User’s inquiry.
10.3 All electromagnetic records for Rayark Game Services are owned by
Rayark, and Rayark shall maintain the completeness of the relevant electromagnetic records of User. User understands that all of the electromagnetic records for the games are for User’s entertainment only and have no monetary or transaction value.
10.4 User has the right to dispose of the electromagnetic records referred to in the preceding paragraph. If User provides incorrect personal information or if the
provided information is no longer accurate and User fails to update such information, Rayark may suspend Rayark Services (including but not limited to suspending any in-progress games or personal Gaming History inquiry services) before the accurate or updated information is provided by User; if User provides
incorrect personal information or if the provided information is no longer accurate and User fails to update such information, Rayark shall not be responsible for any damages incurred by User under this Service Terms.
10.5 If User’s actions regarding Rayark Services violates any laws and regulations or infringe Rayark’s or any other parties’ rights, Rayark may, after receiving the notice of the public authority or other government entity, provide User’s membership registration information, time spent online, and Gaming History without the consent of User to the relevant authority as evidence, and this Service Terms may be terminated by Rayark immediately.

11. Personal Information and Privacy Protection Policy
The protection of personal information will be handled in accordance with the Personal Information Protection Act and the related laws and regulations. Please refer to 〈Rayark Inc. Personal Information and Privacy Policy〉 for further information.

12. Publication and Authorization
12.1 Rayark may provide platforms which User can make statements on it (including but not limited to dialogue in the Game, comments, uploaded images). Rayark do not warrant that any public statement User made will not be used by a third party. If there is any unauthorized use of User’s statement by a third party, User shall be solely responsible to any damages or dispute arising therefrom.

12.2 User shall be solely responsible to his or her public statement make through Rayark Services. Rayark has no obligation to prior review any User’s statement; provided that, Rayark is entitled to delete any improper statement (including but not limited to statements that infringe copyright, insulting, discriminating or distributable statements, statements violate laws or this Service Terms) in its sole discretion.
12.3 User agrees to grant Rayark or its designated third party a royalty-free,perpetual, fully paid-up, worldwide, irrevocable license to use User’s statements, including copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, and use and practice, in any way, User’s statements as well as all modified and derivative works thereof in connection with Rayark Services. User also grants Rayark any right which are licensable in conditions same as the aforementioned.

13. Internet Connection Quality

13.1 In order to use the Rayark Services, User shall equip with the required devices to connect to the internet and User shall be responsible for the internet fees and other telecommunication charges related thereto.

13.2 Rayark is not liable for any damages incurred as a result of connection error, sluggish connection, disconnection, or inability to transmit due to the obstruction or blockage of telecommunication facilities and equipment.

13.3 If Rayark is required to temporary stop providing Rayark Services for pre-arranged system maintenance, Rayark shall make an announcement on Game seven days prior to such system maintenance and shall notify User at the time of login and while the game is in progress.

13.4 Rayark shall ensure its system and equipment work without error, lag, disconnection or inability to connect. In the event that Rayark is unable to provide Rayark Services to User as a result of the aforementioned issues, Rayark shall refund User the Game Points deducted due to the foregoing, waive the corresponding fees for the game, or grant User additional time to play the game.

14. System Security and Bugs

14.1 Rayark shall, in accordance with this Service Terms relating to the provision of the Rayark Services, maintain its own computer system so that it meets and complies with the contemporary technical and professional standards with reasonably expected safety.

14.2 If the computer system or electromagnetic records are damaged, or in the event of abnormal operation of the computer system, Rayark shall make recoveries as soon as possible after adopting reasonable measures.

14.3 If Rayark failed to comply with the preceding two paragraphs and thereby causing damage to User, Rayark shall indemnify User for the damages incurred in the Game; provided that if Rayark can prove that it had not been negligent, its liability relating thereto shall be reduced accordingly.

14.4 If the circumstances referred to in Article 14.2 occurs with respect to Rayark’s computer system, Rayark shall not charge User any fees before its computer system is completely repaired and functioned normally.

14.5 Rayark shall be liable to User’s damages arising from system’s bug; provided that if Rayark can prove that it had not been negligent, its liability relating thereto shall be reduced accordingly. In the event of the inability to create an electromagnetic records or other similar circumstances due to server overload, Rayark may restart the server and restore the game to the status which server malfunction occurred.

15. Game Management Rules

15.1 Rayark shall prescribe fair and reasonable Game Management Rules to regulate the gaming process. User shall comply with the Game Management Rules published by Rayark.

15.2 Any changes to the Game Management Rules shall follow the procedures set out in Article 18 of this Service Terms.
15.3 If any of the following happens to a term of Game Management Rules, such term shall be considered invalid:
(A) The term conflicts with the provisions of this Service Terms.

(B) The term deprives or restrict User’s rights in this Service Terms. However, measure taken by Rayark pursuant to Article 16 or19 hereof shall be excluded.

16. Violation to Game Management Rules
16.1 Unless the exception in this Service Terms exist, in case of User violates Game Management Rules and such violation can be proved, Rayark shall make an announcement on Game or the website and shall promptly notify User via online instant communication or email. If User does not correct the violation after received the notice from Rayark, Rayark may place a Temporary Restriction on User’s right to access Rayark Services based on the violation degrees.
16.2 Rayark’s Temporary Restriction on User’s right to access Rayark Services pursuant to the Game Management Rules shall not exceed seven days, however,
this Article 16.2 shall not apply to User’s material breach of the Service Terms (including but not limited to Article 19.3 of this Service Terms).
16.3 Unless any event of termination of contract exist, the action taken by Rayark in accordance with the Game Management Rules shall not affect the rights granted to User under this Service Terms.

17. User’s Complaint
17.1 If User is dissatisfied with the internet connection quality, game administration, fee calculation, or others relating to the quality of services provided by Rayark, or if User refuses to accept a decision made by Rayark in accordance with the Game Management Rules, User may file a complaint by email or in writing within seven days from the day his or her receipt of the notice, and Rayark shall reply to such complaint within fifteen days thereof.
17.2 Rayark shall expressly provide a 24-hour customer service line and its email address on Game or in its Game Management Rules.

18. Amendment to Service Terms
18.1 In the event that Rayark amends this Service Terms, Rayark shall make an announcement on Game and the login page of the Game and notify User in writing or by email.
18.2 If Rayark fails to make the announcement and notification in accordance with the preceding paragraph, the amendments to Service Terms shall be invalid.
18.3 If User failed to make an objection within fifteen days of receipt of the notice made by Rayark in accordance to Article 18.1 hereto, User shall be deemed to have accepted the amended Service Terms; and if User makes an objection to Rayark, User shall be deemed to have given Rayark a notice to terminate this Service Terms.

19. Termination of the Service Terms

19.1 User may terminate the contractual relationship with Rayark any time by giving written notice or email to Rayark.
19.2 If the contractual relationship is terminated, Rayark shall, within thirty days, after deducting the Necessary Costs, refund the unused Purchased Game Points to User by cash or wire transfer. If the refund is made by cash, User shall, at user’s own cost, come to Rayark’s business place to receive the refunds. If User has bought the Purchased Game Points through a third party platform (including but not limited to iOS or Android system), User shall follow both this Service Terms and such third party platform’s refund rules and procedure.

19.3 Rayark may immediately terminate this Service Terms after notifying Userin writing or by e-mail if User:

(A) attack, try to attack or destroy Rayark’s computer system intentionally by using any system or device;
(B) use plugins, malware, loopholes in the game, or other methods that are in violation of fairness and reasonableness in gaming process, including but not limited to: using cheats, automated software (bots) to automatically control the game, server, any module or its functions, hack programs, or any other unauthorized third party software;

(C) do reverse engineering, decompile, disassemble, or anything alike;
(D) be discovered by the judiciary to engage in any unlawful behavior;

(E) use Rayark Services, in whole or in part, for any commercial purpose without getting prior authorization from Rayark, including but not limited to undertake any commercial advertisement or marketing activities through Rayark Services;
(F) use any third party software or other illegal methods to obtain information from or stored at Rayark customers’ end or any other Rayark Services’ information;
(G) provide any game matching services that intercepts, simulates, or redirects Rayark’s communication protocols, including but not limited to carrying on the game through the internet, internet connection devices, or content aggregation networks;
(H) assist, create, or maintain any connection to Rayark Services without Rayark’s authorization or prior consent, including but not limited to any connection simulating or attempting to simulate a connection to an unauthorized server, or any other games; and any connection utilizing unauthorized programs or devices;

(I) sell, lease, impose a lien on, or transfer the rights held by User with respect to the game to others without the prior authorization of Rayark.
(J) disrupt or assist in the disruption of any computer used to support Rayark Services or any gaming environment; or the gaming process of any other players;
(K) post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; or
(L) disclose any loophole or bug of Game which may be improper used by any third party in public or non-public manner.

20. Delivery

20.1 User agrees that any notice from Rayark in regard to this Service Terms shall be delivered to the contact address or email address provided by User.
20.2 In the event of changes to the provided addresses referred to in this Article
20.1, User shall notify Rayark immediately. After Rayark’s receipt, Rayark shall deliver notices to the newly changed address accordingly.
20.3 Once Rayark delivers a notice to the address referred to in this Article 20, such notice shall be deemed to be delivered when the written notice reaches User’s mailbox or when the email enters into User’s email server.
20.4 If Rayark is unable to deliver the notice due to User’s willful or negligent act, Rayark shall not be liable for the damages suffered by User from such delivery failure.

21. Language
This Service Terms may be translated into different languages for User’s reference only. If there is any inconsistency or ambiguity between the Chinese version and the other language version, the Chinese version shall prevail and govern.

22. Governing Law and Jurisdiction

22.1 The interpretation and application of this Service Terms and the relevant Game Management Rules, as well as the rights and obligations between User and Rayark arising from User’s use of Rayark Services, shall be governed by the laws of Taiwan, Republic of China.
22.2 Both parties agree that Taipei District Court shall serve as the court of first instance for any disputes arising out of this Service Terms.
22.3 The Article 22.2 shall not preclude the application of Article 47 of the Consumer Protection Act or Article 436-9 of the Code of Civil Procedure concerning the jurisdiction of small claims proceedings.

Rayark Inc.
Representative: Chih-Yuan Chung
Uniform Number: 24772842
Address: 1/F., No. 47, Dongxing Rd., Xinyi Dist., Taipei City 110, Taiwan (R.O.C.)
Website: http://www.rayark.com/
Email Address: service@rayark.com
Last Updated: May 28, 2018