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Preamble
1. This End User License Agreement (hereinafter referred to as "this Agreement") is legally binding between you (hereinafter also referred to as the "User") and SOFTSTAR ENTERTAINMENT INC. (hereinafter referred to as "SOFTSTAR") shall you agree to install and use the Game (as defined below) and Services (as defined below) provided by SOFTSTAR.
2. Before you use the Game or Services provided by SOFTSTAR, SOFTSTAR hereby reminds you to carefully read and fully understand all the terms of this Agreement,
3. If you do not agree to any of the terms of this Agreement, you shall not install or use the Game or Services covered by this Agreement. Your installation, use, or other such behavior shall be deemed as your acceptance of this Agreement and your consent to be bound by all the terms of this Agreement. Thereafter, you may not raise objections on the grounds of not having read/agreed to the contents of this Agreement.
Article 1: Definitions and Interpretations
1.1. "Game" refers to the game software provided by SOFTSTAR, including but not limited to versions running on gaming consoles, computers, mobile smart devices, etc., in the form of personal consoles, applications, or other formats, as well as game-related updates, upgrades, patches, expansions, etc., comprising all related components such as program code, graphics, audio, video, documentation, etc.
1.2. "Service" or "Services" refers to the online operation services, customer services, etc., provided by SOFTSTAR in relation to the aforementioned Game, including the games themselves.
1.3. "User" or "Users" refers to any natural person or entity who legally purchases and installs the Game and Services provided by SOFTSTAR..
1.4. "License" refers to the non-commercial, revocable, modifiable, non-exclusive, non-transferable, non-sublicensable right granted to User by SOFTSTAR to use the Game and related Services, provided that all terms of this Agreement are complied with.
1.5. "Third-party Platform" or "Third-party Platforms" refers to gaming platforms provided by third parties other than SOFTSTAR that may need to be accessed when using the Games and related Services provided by SOFTSTAR.
1.6. All headings in this Agreement are for convenience of reference only and do not carry substantive meaning on their own. They shall not affect the interpretation of the content of the Agreement.
Article 2: Scope and Restrictions of Use
2.1 Subsequent to the User's agreement to all terms of this Agreement, SOFTSTAR agrees to grant the User a non-commercial, revocable, modifiable, non-exclusive, non-transferable, and non-sublicensable right to use the Game and related Services. The User has the right to run a copy of the Game on personal console, computer, or device according to the design of the Game and enjoy the Services provided by SOFTSTAR.
2.2 Without prior written consent from SOFTSTAR, the User shall not engage the actions set forth under Article 8 whether for-profit or non-profit purposes.
Article 3: Declaration of Rights
3.1 SOFTSTAR holds all rights to the Game and Services, and the data and content contained therein, including but not limited to game titles, program source code, character names, images, equipment, skills design, conceptual definitions, information, stories, dialogue text, artwork, patterns, landscape designs, animations, sounds, music, audiovisual effects, operation interfaces, operating methods, and all related documentation (collectively referred to as "Game Content"). The Game and the Game Content of SOFTSTAR are protected by copyright laws, other relevant intellectual property laws and regulations, and international treaties and conventions. The legitimate rights and interests in relation to the copyright of computer software, artistic works, trademarks, patents, and commercial secrets associated with the Game developed and the Game Content of SOFTSTAR solely belong to SOFTSTAR or parties designated by SOFTSTAR.
3.2 The User shall only obtain the right to use the Game on personal console, computer, or device according to the design of the Game.
3.3 Any rights not explicitly granted to the User in this Agreement are reserved by SOFTSTAR, including but not limited to the right to create derivative works from the Game. The User agrees to refrain from creating any work of authorship based on the Game or the Game Content of SOFTSTAR therein and shall not use SOFTSTAR's name, trademarks, domain names, or slogans unless prior written consent is obtained from SOFTSTAR.
Article 4: Updates, Support, and Third-Party Platforms
4.1 SOFTSTAR reserves the right to provide or deploy patches to update, upgrade, or modify the Game as needed to improve the user experience, functionality, performance, and/or security of the Game.
4.2 SOFTSTAR shall offer necessary technical support based on relevant circumstances but does not guarantee the resolution of all issues encountered by the User. As such, the User shall bear the risks and consequences arising from the use of the Game.
4.3 When using the Game and Services of SOFTSTAR, the User may need to log in to Third-party Platforms outside of the direct control of SOFTSTAR. In such cases, the User must comply with the rules and terms of these Third-party Platforms. Unless directly related to its Game and Services, SOFTSTAR assumes no responsibility for the services or content provided by Third-party Platforms.
Article 5: Privacy Policy
5.1 SOFTSTAR shall strictly comply with any and all relevant laws and regulations to protect the security of the User's personal information. This information includes real names, identification numbers, contact information, home addresses, accounts related to the Game, and other details provided during registration. Unless consent is expressly provided, SOFTSTAR shall not provide the User's personal information to third parties.
5.2 Notwithstanding the above, the User acknowledges and agrees that SOFTSTAR has the right to provide personal information to relevant entities under the following circumstances:
(1) As necessary for the conclusion or performance of a contract to which the User is a party;
(2) As necessary to fulfill legal obligations or in emergency situations to protect the life, health, and property of the User or others;
(3) When required by administrative or judicial authorities following statutory procedures;
(4) To handle personal information within a reasonable scope that the User has voluntarily disclosed or that has been legally disclosed;
(5) When the User authorizes SOFTSTAR to disclose or use said information;
(6) When it is necessary for SOFTSTAR to bring a lawsuit or arbitration against the User to protect its lawful rights and interests;
(7) In other applicable situations prescribed by laws and administrative regulations.
5.3 To protect the User's privacy rights and regulate the use of their personal information, SOFTSTAR has formulated a "Privacy Policy." The User is encouraged to read this policy in detail.
5.4 To optimize user experience, SOFTSTAR may collect relevant information (hereinafter referred to as "User Game Information") during the User's use of the Games, including statistical data within the Game, usage history, and the hardware configurations of the devices used to play the Game developed by SOFTSTAR, with the User's consent. The User acknowledges that SOFTSTAR may analyze and use User Game Information for maintenance, operation, support, and marketing purposes. For detailed information, refer to the "Privacy Policy", however, shall User refuse to give consents to SOFTSTAR collecting the aforementioned information, their use of the Game and the Services may be affected.
Article 6: Obligations of SOFTSTAR
6.1 SOFTSTAR agrees to provide the Games and Services to the User via the Internet or other means in accordance with the terms of this Agreement.
Article 7: Obligations of the User
7.1 The User shall prepare the device or devices required for installing and using the Game and the Services of SOFTSTAR (including but not limited to gaming consoles, computers, mobile smart devices, tablets, etc.) at their own expense.
7.2 The User shall comply with the terms of this Agreement, in addition to other relevant rules and protocols (including but not limited to the "Privacy Policy" or other service agreement signed by the User and any agreements, user guidelines, announcements, and notices periodically published and revised on the official website of SOFTSTAR or the Game, or within the Game (the ways and platforms to publish such notices shall be entirely the sole discretion of SOFTSTAR), and you must follow the laws, regulations or other mandatory governmental limitations applicable to where you are located when using our Game and Services.
7.3 The User is responsible for all actions enacted under their account, including but not limited to any content posted by the User and any resulting consequences.
7.4 Apart from using the Game and Services in accordance with this Agreement, the User shall not engage in any actions that infringe on the intellectual property rights or interests of SOFTSTAR, or any other actions that harm the legitimate rights and interests of SOFTSTAR or any third parties.
Article 8: Improper Conduct
8.1 The User shall bear responsibility for the content of any and all information they publish. Regarding such content, the User agrees to comply with applicable laws and to the following:
(1) User shall not provide any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
(2) User shall not provide any content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(3) User shall not provide content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(4) Use shall not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(5) User shall not provide any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(6) User shall not provide any content that spreads rumors, disturbs social order, or undermines social stability;
(7) User shall not provide any content that disseminates pornography, obscenity, gambling, violence, murder, terrorism, or incites criminal activities;
(8) User shall not provide any content that insults or defames others, or infringes upon their legitimate rights and interests;
(9) User shall not provide any content that promotes or instigates the use of cheats (as defined in Article 8.3), private servers, or trojans;
(10) User shall not provide content that will contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above;
(11) User shall not provide any content that contains anything that, in the sole determination of SOFTSTAR, is objectionable or inhibits any other person from using the Game or Services, or which may expose SOFTSTAR or its users to any harm or liability of any kind.
8.2 The User shall not engage in improper or unfair means when using the Game or Services, including but not limited to the following behaviors:
(1) Deleting copyright notices or other intellectual property notices or information related to the Game or Services;
(2) Reverse-engineering, decompiling, disassembling, or otherwise accessing the software code of the Game or Services;
(3) Scanning, probing, or testing the Game or Services to detect, discover, or find any bugs or vulnerabilities;
(4) Reproducing, modifying, adding, deleting, attaching, running, or creating any derivative works of data released into any terminal memory with regard to the Game or Services or their operation, including but not limited to using plugins, cheats, or unauthorized third-party tools/services to access the Game and/or Services;
(5) Modifying or falsifying instructions or data in the Game or Services, adding, deleting, or altering functions or effects, or operating or disseminating software, tools, or any other method used for the aforementioned purposes;
(6) Using the Game or Services through third-party software, plugins, cheats, or systems not developed or authorized by SOFTSTAR, or creating, distributing, or using third-party software, plugins, cheats, or systems not developed or authorized by SOFTSTAR;
(7) Using, renting, lending, reproducing, modifying, linking, reprinting, compiling, publishing, or establishing mirror sites related to the content owned by SOFTSTAR or its Games and related Services;
(8) Establishing mirror sites related to SOFTSTAR, its Game, or Services, or providing software or services identical or similar in nature to the Game or Services to others through methods such as webpage snapshots or server setups;
(9) Separating any part of the Game or Services for separate use or engaging in other uses that violate this Agreement;
(10) Using, modifying, or concealing the name, trademark, or other intellectual property of SOFTSTAR, its Game or Services;
(11) Any other unauthorized actions without prior written authorization from SOFTSTAR.
8.3 The User shall not interfere with SOFTSTAR's normal provision of its softwares (including but not limited to the Game) and Services, including but not limited to: attacking or intruding into SOFTSTAR's website servers, or overloading the website servers by logging in or attempting to log in to servers with a frequency exceeding normal user login requirements during concentrated time periods; cracking or modifying the softwares provided by SOFTSTAR; attacking or intruding into SOFTSTAR's servers/server-side programs, or overloading servers related to the Game, creating, distributing, disseminating, or using any form of auxiliary tools or programs that hinder the fairness of the Game (including but not limited to "cheats," defined as any program that operates externally to the software of the Game and which impacts operations during gameplay, including but not limited to simulating user operations, modifying operational environments, and altering data). The User shall not: exploit program vulnerabilities and errors (bugs) to disrupt the normal operation of the Game or spread such vulnerabilities or errors (bugs), unreasonably interfere with or obstruct others' use of the software and Services provided by SOFTSTAR, use the Game developed by SOFTSTAR, related Services, or software in abnormal or illegal ways, use abnormal methods to log into the Game (including but not limited to using third-party software, or systems not developed, authorized, or recognized by SOFTSTAR to log into the Game), use cheat software or robot programs to maliciously disrupt service facilities, disrupt normal operations; modify, translate, annotate, collate, compile, or derive SOFTSTAR's software; exploit possible technical defects or vulnerabilities in the Game in various forms for profit, or engage in other improper behaviors.
Article 9: Disclaimer of Liability
9.1 SOFTSTAR provides the Game to the User on an "as-is" basis, without guaranteeing that the Game is completely free from errors or defects or will not be interrupted, the User shall bear the risks and consequences of any faults, errors, defects, or data loss occurring during the operation of the Game.
9.2 SOFTSTAR shall not be liable for any direct, indirect, special, incidental, or consequential losses or damages arising from the User's use of the Game, including but not limited to property loss, data loss, or business disruption.
9.3 Users are responsible for ensuring that their device meets the minimum system requirements for running the Game and shall take necessary security measures to safeguard their device and data safety. SOFTSTAR shall not be responsible for any losses or damages arising from security issues with the User's device or network.
9.4 The User acknowledges that there may be objective circumstances where different devices or operating systems are incompatible, which are not attributable to SOFTSTAR. This may lead to the User's data not being seamlessly transferred between devices or operating systems. The User shall bear the risks of any data loss resulting from switching between different devices or operating systems and may not request SOFTSTAR to assume any responsibility.
9.5 SOFTSTAR reserves the right to independently decide to modify, suspend, or terminate the User's use of the Game or the Services at any time without prior notice, except as required by laws, regulations, or terms under this Agreement. If SOFTSTAR suspends or terminates the User's use of the Game or the Services in accordance with relevant regulations or agreements due to the User's violation of laws, regulations, or agreements under this Agreement, SOFTSTAR shall not be deemed liable and shall have the right to require the User to assume the corresponding responsibilities.
Article 10: Suspension and Termination of Services
10.1 Suspension and Termination of User Services
(1) If the User publishes illegal information, seriously violates social ethics, or engages in other activities prohibited by law, they must immediately stop using the Game or Services developed by SOFTSTAR and uninstall them. SOFTSTAR reserves the right to immediately terminate the Services rendered to the User;
(2) If the User engages in improper conduct while receiving the Services from SOFTSTAR, SOFTSTAR has the right to terminate the Services provided to the User. The specific improper conduct must be explicitly stipulated in this Agreement or clearly communicated by SOFTSTAR to be prohibited behavior warranting the termination of the Services. Otherwise, such termination may not be permitted. The right to use virtual items on the User's account shall be terminated along with the termination of the Services.
(3) If the User provides false registration information or violates this Agreement, SOFTSTAR has the right to suspend all or part of the Services rendered. SOFTSTAR must notify the User of the suspension and specify the duration of the suspension period, which should be reasonable. The Services shall be promptly restored once this period ends. The usage period for virtual items on the User's account shall not be extended due to the suspension of the Services.
10.2 After the termination of the Services, SOFTSTAR shall no longer bear any obligations or responsibilities toward the User. The User shall bear any losses or damages resulting from the termination of the Services.
10.3 Special Instructions for Single-Player Game Services
In case where the Services rendered are the primarily focused on single-player games, all data pertaining to the Game shall be stored on the User's device. If the User uninstalls or reinstalls the Game, or if their device suffers damage that prevents the Game from starting correctly, such data shall be irretrievable. If the User needs to save data on a server, they must perform such operations while connected to the internet.
Article 11: Applicable Law and Dispute Resolution
11.1 The establishment, effectiveness, interpretation, performance, and dispute resolution of this Agreement shall be governed by the laws of Taiwan (Republic of China), and all other conflicting laws are hereby excluded.
11.2 . In the event of any dispute arising from this Agreement, the Parties shall first attempt to resolve it amicably through friendly negotiation. If negotiation fails, both Parties agree to submit the dispute to the competent court in the jurisdiction where SOFTSTAR is located in. The User further waives the right to participate in class actions, or representative actions in connection with the use of the Game and Services.
11.3 If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The Parties shall negotiate to establish new provisions to replace the invalid or unenforceable provisions.
Article 12: Effectiveness of and Amendments to the Agreement
12.1 This Agreement shall come into effect from the date the User selects the "Accept" or "Agree" button or otherwise signs/accepts this Agreement and shall remain valid until terminated by both Parties in accordance with the provisions of this Agreement.
12.2 This Agreement constitutes the entire agreement between the Parties regarding the Game and the Services and supersedes all previous oral or written agreements, statements, or warranties.
12.3 SOFTSTAR reserves the right to update this Agreement at any time. Upon the publication of the updated terms, they shall replace the original terms. The User shall be notified of the modified agreement through in-game announcements, official websites, or other appropriate means (which shall be entirely the sole discretion of SOFTSTAR) . If the User does not accept the modified terms, they must immediately cease using the Game or the Services provided by SOFTSTAR. Continued use of the Game or Services of SOFTSTAR shall be deemed as acceptance of the modified agreement.
12.4 The interpretation of this Agreement belongs exclusively to SOFTSTAR. For matters not explicitly stipulated in this Agreement, the Parties shall negotiate and resolve them based on the principles of fairness and good faith.
12.5 The failure or delay of SOFTSTAR to exercise, in whole or in part of, any right granted by this Agreement or by law shall not be construed as a waiver of such right, nor shall it affect SOFTSTAR's exercise of such right in the future.
Article 13: Notifications
13.1 SOFTSTAR may send any notifications or information to the User through in-game announcements, email, SMS, official websites, or other appropriate means. The User must ensure that the contact information provided to SOFTSTAR is accurate and valid to receive notifications promptly.
13.2 If the User needs to send any notifications or requests to SOFTSTAR, they may do so by contacting the official customer service email address: tbc_rts@softstar.com.tw . SOFTSTAR shall process lawful requests and feedback in a timely manner.
Article 14: Miscellaneous
14.1 The phrase "including but not limited to" in this agreement implies that the listed items are examples and not an exhaustive list of all possible scenarios.
14.2 This agreement is originally written in Chinese. Any conflicts or inconsistencies between the original and translated versions shall be interpreted by SOFTSTAR.
SOFTSTAR ENTERTAINMENT INC.
Updated on: September 03, 2024
1. This End User License Agreement (hereinafter referred to as "this Agreement") is legally binding between you (hereinafter also referred to as the "User") and SOFTSTAR ENTERTAINMENT INC. (hereinafter referred to as "SOFTSTAR") shall you agree to install and use the Game (as defined below) and Services (as defined below) provided by SOFTSTAR.
2. Before you use the Game or Services provided by SOFTSTAR, SOFTSTAR hereby reminds you to carefully read and fully understand all the terms of this Agreement,
3. If you do not agree to any of the terms of this Agreement, you shall not install or use the Game or Services covered by this Agreement. Your installation, use, or other such behavior shall be deemed as your acceptance of this Agreement and your consent to be bound by all the terms of this Agreement. Thereafter, you may not raise objections on the grounds of not having read/agreed to the contents of this Agreement.
Article 1: Definitions and Interpretations
1.1. "Game" refers to the game software provided by SOFTSTAR, including but not limited to versions running on gaming consoles, computers, mobile smart devices, etc., in the form of personal consoles, applications, or other formats, as well as game-related updates, upgrades, patches, expansions, etc., comprising all related components such as program code, graphics, audio, video, documentation, etc.
1.2. "Service" or "Services" refers to the online operation services, customer services, etc., provided by SOFTSTAR in relation to the aforementioned Game, including the games themselves.
1.3. "User" or "Users" refers to any natural person or entity who legally purchases and installs the Game and Services provided by SOFTSTAR..
1.4. "License" refers to the non-commercial, revocable, modifiable, non-exclusive, non-transferable, non-sublicensable right granted to User by SOFTSTAR to use the Game and related Services, provided that all terms of this Agreement are complied with.
1.5. "Third-party Platform" or "Third-party Platforms" refers to gaming platforms provided by third parties other than SOFTSTAR that may need to be accessed when using the Games and related Services provided by SOFTSTAR.
1.6. All headings in this Agreement are for convenience of reference only and do not carry substantive meaning on their own. They shall not affect the interpretation of the content of the Agreement.
Article 2: Scope and Restrictions of Use
2.1 Subsequent to the User's agreement to all terms of this Agreement, SOFTSTAR agrees to grant the User a non-commercial, revocable, modifiable, non-exclusive, non-transferable, and non-sublicensable right to use the Game and related Services. The User has the right to run a copy of the Game on personal console, computer, or device according to the design of the Game and enjoy the Services provided by SOFTSTAR.
2.2 Without prior written consent from SOFTSTAR, the User shall not engage the actions set forth under Article 8 whether for-profit or non-profit purposes.
Article 3: Declaration of Rights
3.1 SOFTSTAR holds all rights to the Game and Services, and the data and content contained therein, including but not limited to game titles, program source code, character names, images, equipment, skills design, conceptual definitions, information, stories, dialogue text, artwork, patterns, landscape designs, animations, sounds, music, audiovisual effects, operation interfaces, operating methods, and all related documentation (collectively referred to as "Game Content"). The Game and the Game Content of SOFTSTAR are protected by copyright laws, other relevant intellectual property laws and regulations, and international treaties and conventions. The legitimate rights and interests in relation to the copyright of computer software, artistic works, trademarks, patents, and commercial secrets associated with the Game developed and the Game Content of SOFTSTAR solely belong to SOFTSTAR or parties designated by SOFTSTAR.
3.2 The User shall only obtain the right to use the Game on personal console, computer, or device according to the design of the Game.
3.3 Any rights not explicitly granted to the User in this Agreement are reserved by SOFTSTAR, including but not limited to the right to create derivative works from the Game. The User agrees to refrain from creating any work of authorship based on the Game or the Game Content of SOFTSTAR therein and shall not use SOFTSTAR's name, trademarks, domain names, or slogans unless prior written consent is obtained from SOFTSTAR.
Article 4: Updates, Support, and Third-Party Platforms
4.1 SOFTSTAR reserves the right to provide or deploy patches to update, upgrade, or modify the Game as needed to improve the user experience, functionality, performance, and/or security of the Game.
4.2 SOFTSTAR shall offer necessary technical support based on relevant circumstances but does not guarantee the resolution of all issues encountered by the User. As such, the User shall bear the risks and consequences arising from the use of the Game.
4.3 When using the Game and Services of SOFTSTAR, the User may need to log in to Third-party Platforms outside of the direct control of SOFTSTAR. In such cases, the User must comply with the rules and terms of these Third-party Platforms. Unless directly related to its Game and Services, SOFTSTAR assumes no responsibility for the services or content provided by Third-party Platforms.
Article 5: Privacy Policy
5.1 SOFTSTAR shall strictly comply with any and all relevant laws and regulations to protect the security of the User's personal information. This information includes real names, identification numbers, contact information, home addresses, accounts related to the Game, and other details provided during registration. Unless consent is expressly provided, SOFTSTAR shall not provide the User's personal information to third parties.
5.2 Notwithstanding the above, the User acknowledges and agrees that SOFTSTAR has the right to provide personal information to relevant entities under the following circumstances:
(1) As necessary for the conclusion or performance of a contract to which the User is a party;
(2) As necessary to fulfill legal obligations or in emergency situations to protect the life, health, and property of the User or others;
(3) When required by administrative or judicial authorities following statutory procedures;
(4) To handle personal information within a reasonable scope that the User has voluntarily disclosed or that has been legally disclosed;
(5) When the User authorizes SOFTSTAR to disclose or use said information;
(6) When it is necessary for SOFTSTAR to bring a lawsuit or arbitration against the User to protect its lawful rights and interests;
(7) In other applicable situations prescribed by laws and administrative regulations.
5.3 To protect the User's privacy rights and regulate the use of their personal information, SOFTSTAR has formulated a "Privacy Policy." The User is encouraged to read this policy in detail.
5.4 To optimize user experience, SOFTSTAR may collect relevant information (hereinafter referred to as "User Game Information") during the User's use of the Games, including statistical data within the Game, usage history, and the hardware configurations of the devices used to play the Game developed by SOFTSTAR, with the User's consent. The User acknowledges that SOFTSTAR may analyze and use User Game Information for maintenance, operation, support, and marketing purposes. For detailed information, refer to the "Privacy Policy", however, shall User refuse to give consents to SOFTSTAR collecting the aforementioned information, their use of the Game and the Services may be affected.
Article 6: Obligations of SOFTSTAR
6.1 SOFTSTAR agrees to provide the Games and Services to the User via the Internet or other means in accordance with the terms of this Agreement.
Article 7: Obligations of the User
7.1 The User shall prepare the device or devices required for installing and using the Game and the Services of SOFTSTAR (including but not limited to gaming consoles, computers, mobile smart devices, tablets, etc.) at their own expense.
7.2 The User shall comply with the terms of this Agreement, in addition to other relevant rules and protocols (including but not limited to the "Privacy Policy" or other service agreement signed by the User and any agreements, user guidelines, announcements, and notices periodically published and revised on the official website of SOFTSTAR or the Game, or within the Game (the ways and platforms to publish such notices shall be entirely the sole discretion of SOFTSTAR), and you must follow the laws, regulations or other mandatory governmental limitations applicable to where you are located when using our Game and Services.
7.3 The User is responsible for all actions enacted under their account, including but not limited to any content posted by the User and any resulting consequences.
7.4 Apart from using the Game and Services in accordance with this Agreement, the User shall not engage in any actions that infringe on the intellectual property rights or interests of SOFTSTAR, or any other actions that harm the legitimate rights and interests of SOFTSTAR or any third parties.
Article 8: Improper Conduct
8.1 The User shall bear responsibility for the content of any and all information they publish. Regarding such content, the User agrees to comply with applicable laws and to the following:
(1) User shall not provide any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
(2) User shall not provide any content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(3) User shall not provide content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(4) Use shall not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(5) User shall not provide any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(6) User shall not provide any content that spreads rumors, disturbs social order, or undermines social stability;
(7) User shall not provide any content that disseminates pornography, obscenity, gambling, violence, murder, terrorism, or incites criminal activities;
(8) User shall not provide any content that insults or defames others, or infringes upon their legitimate rights and interests;
(9) User shall not provide any content that promotes or instigates the use of cheats (as defined in Article 8.3), private servers, or trojans;
(10) User shall not provide content that will contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above;
(11) User shall not provide any content that contains anything that, in the sole determination of SOFTSTAR, is objectionable or inhibits any other person from using the Game or Services, or which may expose SOFTSTAR or its users to any harm or liability of any kind.
8.2 The User shall not engage in improper or unfair means when using the Game or Services, including but not limited to the following behaviors:
(1) Deleting copyright notices or other intellectual property notices or information related to the Game or Services;
(2) Reverse-engineering, decompiling, disassembling, or otherwise accessing the software code of the Game or Services;
(3) Scanning, probing, or testing the Game or Services to detect, discover, or find any bugs or vulnerabilities;
(4) Reproducing, modifying, adding, deleting, attaching, running, or creating any derivative works of data released into any terminal memory with regard to the Game or Services or their operation, including but not limited to using plugins, cheats, or unauthorized third-party tools/services to access the Game and/or Services;
(5) Modifying or falsifying instructions or data in the Game or Services, adding, deleting, or altering functions or effects, or operating or disseminating software, tools, or any other method used for the aforementioned purposes;
(6) Using the Game or Services through third-party software, plugins, cheats, or systems not developed or authorized by SOFTSTAR, or creating, distributing, or using third-party software, plugins, cheats, or systems not developed or authorized by SOFTSTAR;
(7) Using, renting, lending, reproducing, modifying, linking, reprinting, compiling, publishing, or establishing mirror sites related to the content owned by SOFTSTAR or its Games and related Services;
(8) Establishing mirror sites related to SOFTSTAR, its Game, or Services, or providing software or services identical or similar in nature to the Game or Services to others through methods such as webpage snapshots or server setups;
(9) Separating any part of the Game or Services for separate use or engaging in other uses that violate this Agreement;
(10) Using, modifying, or concealing the name, trademark, or other intellectual property of SOFTSTAR, its Game or Services;
(11) Any other unauthorized actions without prior written authorization from SOFTSTAR.
8.3 The User shall not interfere with SOFTSTAR's normal provision of its softwares (including but not limited to the Game) and Services, including but not limited to: attacking or intruding into SOFTSTAR's website servers, or overloading the website servers by logging in or attempting to log in to servers with a frequency exceeding normal user login requirements during concentrated time periods; cracking or modifying the softwares provided by SOFTSTAR; attacking or intruding into SOFTSTAR's servers/server-side programs, or overloading servers related to the Game, creating, distributing, disseminating, or using any form of auxiliary tools or programs that hinder the fairness of the Game (including but not limited to "cheats," defined as any program that operates externally to the software of the Game and which impacts operations during gameplay, including but not limited to simulating user operations, modifying operational environments, and altering data). The User shall not: exploit program vulnerabilities and errors (bugs) to disrupt the normal operation of the Game or spread such vulnerabilities or errors (bugs), unreasonably interfere with or obstruct others' use of the software and Services provided by SOFTSTAR, use the Game developed by SOFTSTAR, related Services, or software in abnormal or illegal ways, use abnormal methods to log into the Game (including but not limited to using third-party software, or systems not developed, authorized, or recognized by SOFTSTAR to log into the Game), use cheat software or robot programs to maliciously disrupt service facilities, disrupt normal operations; modify, translate, annotate, collate, compile, or derive SOFTSTAR's software; exploit possible technical defects or vulnerabilities in the Game in various forms for profit, or engage in other improper behaviors.
Article 9: Disclaimer of Liability
9.1 SOFTSTAR provides the Game to the User on an "as-is" basis, without guaranteeing that the Game is completely free from errors or defects or will not be interrupted, the User shall bear the risks and consequences of any faults, errors, defects, or data loss occurring during the operation of the Game.
9.2 SOFTSTAR shall not be liable for any direct, indirect, special, incidental, or consequential losses or damages arising from the User's use of the Game, including but not limited to property loss, data loss, or business disruption.
9.3 Users are responsible for ensuring that their device meets the minimum system requirements for running the Game and shall take necessary security measures to safeguard their device and data safety. SOFTSTAR shall not be responsible for any losses or damages arising from security issues with the User's device or network.
9.4 The User acknowledges that there may be objective circumstances where different devices or operating systems are incompatible, which are not attributable to SOFTSTAR. This may lead to the User's data not being seamlessly transferred between devices or operating systems. The User shall bear the risks of any data loss resulting from switching between different devices or operating systems and may not request SOFTSTAR to assume any responsibility.
9.5 SOFTSTAR reserves the right to independently decide to modify, suspend, or terminate the User's use of the Game or the Services at any time without prior notice, except as required by laws, regulations, or terms under this Agreement. If SOFTSTAR suspends or terminates the User's use of the Game or the Services in accordance with relevant regulations or agreements due to the User's violation of laws, regulations, or agreements under this Agreement, SOFTSTAR shall not be deemed liable and shall have the right to require the User to assume the corresponding responsibilities.
Article 10: Suspension and Termination of Services
10.1 Suspension and Termination of User Services
(1) If the User publishes illegal information, seriously violates social ethics, or engages in other activities prohibited by law, they must immediately stop using the Game or Services developed by SOFTSTAR and uninstall them. SOFTSTAR reserves the right to immediately terminate the Services rendered to the User;
(2) If the User engages in improper conduct while receiving the Services from SOFTSTAR, SOFTSTAR has the right to terminate the Services provided to the User. The specific improper conduct must be explicitly stipulated in this Agreement or clearly communicated by SOFTSTAR to be prohibited behavior warranting the termination of the Services. Otherwise, such termination may not be permitted. The right to use virtual items on the User's account shall be terminated along with the termination of the Services.
(3) If the User provides false registration information or violates this Agreement, SOFTSTAR has the right to suspend all or part of the Services rendered. SOFTSTAR must notify the User of the suspension and specify the duration of the suspension period, which should be reasonable. The Services shall be promptly restored once this period ends. The usage period for virtual items on the User's account shall not be extended due to the suspension of the Services.
10.2 After the termination of the Services, SOFTSTAR shall no longer bear any obligations or responsibilities toward the User. The User shall bear any losses or damages resulting from the termination of the Services.
10.3 Special Instructions for Single-Player Game Services
In case where the Services rendered are the primarily focused on single-player games, all data pertaining to the Game shall be stored on the User's device. If the User uninstalls or reinstalls the Game, or if their device suffers damage that prevents the Game from starting correctly, such data shall be irretrievable. If the User needs to save data on a server, they must perform such operations while connected to the internet.
Article 11: Applicable Law and Dispute Resolution
11.1 The establishment, effectiveness, interpretation, performance, and dispute resolution of this Agreement shall be governed by the laws of Taiwan (Republic of China), and all other conflicting laws are hereby excluded.
11.2 . In the event of any dispute arising from this Agreement, the Parties shall first attempt to resolve it amicably through friendly negotiation. If negotiation fails, both Parties agree to submit the dispute to the competent court in the jurisdiction where SOFTSTAR is located in. The User further waives the right to participate in class actions, or representative actions in connection with the use of the Game and Services.
11.3 If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The Parties shall negotiate to establish new provisions to replace the invalid or unenforceable provisions.
Article 12: Effectiveness of and Amendments to the Agreement
12.1 This Agreement shall come into effect from the date the User selects the "Accept" or "Agree" button or otherwise signs/accepts this Agreement and shall remain valid until terminated by both Parties in accordance with the provisions of this Agreement.
12.2 This Agreement constitutes the entire agreement between the Parties regarding the Game and the Services and supersedes all previous oral or written agreements, statements, or warranties.
12.3 SOFTSTAR reserves the right to update this Agreement at any time. Upon the publication of the updated terms, they shall replace the original terms. The User shall be notified of the modified agreement through in-game announcements, official websites, or other appropriate means (which shall be entirely the sole discretion of SOFTSTAR) . If the User does not accept the modified terms, they must immediately cease using the Game or the Services provided by SOFTSTAR. Continued use of the Game or Services of SOFTSTAR shall be deemed as acceptance of the modified agreement.
12.4 The interpretation of this Agreement belongs exclusively to SOFTSTAR. For matters not explicitly stipulated in this Agreement, the Parties shall negotiate and resolve them based on the principles of fairness and good faith.
12.5 The failure or delay of SOFTSTAR to exercise, in whole or in part of, any right granted by this Agreement or by law shall not be construed as a waiver of such right, nor shall it affect SOFTSTAR's exercise of such right in the future.
Article 13: Notifications
13.1 SOFTSTAR may send any notifications or information to the User through in-game announcements, email, SMS, official websites, or other appropriate means. The User must ensure that the contact information provided to SOFTSTAR is accurate and valid to receive notifications promptly.
13.2 If the User needs to send any notifications or requests to SOFTSTAR, they may do so by contacting the official customer service email address: tbc_rts@softstar.com.tw . SOFTSTAR shall process lawful requests and feedback in a timely manner.
Article 14: Miscellaneous
14.1 The phrase "including but not limited to" in this agreement implies that the listed items are examples and not an exhaustive list of all possible scenarios.
14.2 This agreement is originally written in Chinese. Any conflicts or inconsistencies between the original and translated versions shall be interpreted by SOFTSTAR.
SOFTSTAR ENTERTAINMENT INC.
Updated on: September 03, 2024