Gamania Member Service Agreement
We welcome you as a Gamania member and your use of the member services provided by Gamania Digital Entertainment Co., Ltd. (hereinafter “Gamania”). To protect your interest, please read all terms and conditions of this service agreement carefully. You agree that, by clicking “I Agree” online, you are deemed to have carefully read, understood and agreed to comply with all provisions of this service agreement and notes. If you are a minor, you must inform your legal representative (such as parent, guardian) to read carefully and understand the terms and conditions of this service agreement and you can only proceed with the consent of your legal representative (such as parent, guardian). If you use or continue to use the services for Gamania members, you will be deemed to have acquired the consent of your legal representative in relation to the consent to this service agreement and other expressions of intention.
I. Compliance with Member Regulations and the Law:
You understand that, once you are registered as a member, you can use the services (hereinafter the “Services”) provided by Gamania (hereinafter the “Company”). A member’s use of the Services is deemed its consent to comply with this Service Consent Letter and its acceptance of other relevant regulations of Gamania about Gamania members (including but not limited to details of the customer service center, management rules, privacy policy, standardized game service agreement, publications and notice matters) and applicable local regulations.
II. Service Description:
(I)
Members accepting the Services must have their own electronic devices required to go online such as computers and mobile phones and are responsible for bearing telecommunications related cost, including but not limited to “internet connection cost,” and “telephone cost.”
(II)
When you complete relevant registration procedure, you will become a Gamania member and can start to use the relevant services provided by Gamania, including but not limited to the use of online gaming services, cross-industry partnerships, and fund-flow/value-credit services. You agree that, in using the Services, you shall comply with this service agreement, the terms and conditions for the services used and contracts, etc., and that you understand and agree that the ownership of all Services shall remain with Gamania or its partners and agreed entities. Member shall not lease, lend, assign or transfer the use to any other third party
(III)
To improve member interest and enlarge service scope, Gamania will be dedicated to providing new services or functions to members. You agree that this member service agreement is applicable to all existing or future services provided by Gamania that may be used by Gamania member accounts.
(IV)
Fund-Flow/Payment Platform Service: The points you purchase and credit to the Gamania platform may be used to enjoy specific relevant services under the Gamania platform. To protect your transaction security, please use legal and proper means to add value to relevant services. If you “add value” or use any other relevant service in a fraudulent or improper manner, Gamania has the right to terminate your membership for the Services and the right to use the Services forthwith at any time.
III. Obligation of Truthful Registration:
Based on the services provided by Gamania, you agree to follow the instructions under the registration procedure at the time of registration to provide correct, truthful and complete personal information of yourself and to provide your information for advanced certification in a truthful manner. In case of any change to your personal information, please update the information immediately and keep your personal information correct in order to keep your personal data correct, truthful and complete. If you register with false information or in the fraudulent name of another person, resulting in damage to any other person’s interest or breach of law, you shall solely bear legal liability. In case of any false personal information or failure to update information, resulting in inconsistency with the originally registered information, Gamania has the right to terminate your membership and your right to use member services forthwith at any time.
IV. Suspension or Interruption of Service:
(I)
In the following circumstances, Gamania may suspend or stop all or part of the Services without incurring any compensation or indemnification liability to the users:
- Relocation, replacement or maintenance of system equipment related to the Services.
- Service suspension, interruption, change or cancellation due to any reason that is not imputable to Gamania.
- Service suspension, interruption, change or cancellation due to force majeure.
(II)
If the services need to be suspended or interrupted in whole or in part due to relocation, replacement or maintenance of system equipment related to this website, Gamania will make an announcement on its official website before suspending or interrupting the services or send an email notice.
(III)
If the Services are suspended interrupted, canceled or changed in whole or in part due to any event that is not imputable to Gamania, such as the user’s breach of the law or this service agreement, the fee during such period shall continue to accrue based on the normal rates. Please adopt proper security protection measures for your computer equipment on routine basis to avoid inconvenience, loss of data or other financial or time loss due to the suspension or interruption of the Services and to protect your relevant interests.
V. Members’ Obligations and Responsibilities:
(I)
If the Services are suspended interrupted, canceled or changed in whole or in part due to any event that is not imputable to Gamania, such as the user’s breach of the law or this service agreement, the fee during such period shall continue to accrue based on the normal rates. Please adopt proper security protection measures for your computer equipment on routine basis to avoid inconvenience, loss of data or other financial or time loss due to the suspension or interruption of the Services and to protect your relevant interests.
- Intentional jeopardy or hacking of Gamania’s server and official website, or altering the game through program loophole, hacking into member database, distribution of computer virus program and theft, alteration or damage to Gamania.com or other persons’ information.
- Any act in breach of public order or good morals in the use of the Services, such as publishing dirty language, curse words (or phonetic equivalents) or causing a scene, or insults or mutual attacks.
- Use of any character other than English, Chinese or numbers or indecent language as the name of the Services in its use.
- Publication or transmission of insulting, slandering, threatening, indecent, obscene, or aggressive article or image on the bulletin board, or any message inconsistent with the nature of the bulletin board, or advertisement or sexual jokes on the bulletin board, or using the bulletin board as a chat room.
- Encouragement or promotion of violent extremism or terrorism or publication of disparaging, slandering, discriminatory, or violent hate speech or content based on race, skin color, ethnicity, ethnic background, nationality, religion, sexual orientation, gender, gender identification, disability or veteran status, immigration status, socioeconomic status, age, weight or pregnancy status.
- Trading in cash or securities, trading accounts or gaming props in the service.
- Use of the Services in Gamania’s name or any name similar to Gamania, or false membership registration in another person’s name.
- Use of the Services in breach of fairness or reasonableness or determined to be a criminal offense or suspected criminal offense.
- Infringement or potential infringement upon any other person’s intellectual property right or other right.
- Intentional interference with the operation of Gamania’s relevant services or creating loss or damage to Gamania.
- Using the complaint function to make false accusations against other users of the Service or using the Services to damage any other person’s reputation or interest.
- Other event with jeopardy or potential jeopardy to communication or breach of law.
(II)
Members shall be fully liable for all their conduct. Gamania has the right to conduct audits based on the above rules from time to time. However, this does not mean that Gamania has the obligation to perform any formality or substantive review on the contents sent, posted or published by members. If Gamania discovers or receives a complaint or whistleblowing about any member’s violation or potential violation of the above, Gamania has the right to impose sanctions in accordance with the previous article.
(III)
Obligation of Safekeeping: Members have the obligation to keep the account numbers and passcodes of the Services in due custody and shall be responsible for all activities after login with Gamania tools with such account number and passcode. To maintain members’ own interest, please do not share them with any third party or loan or transfer them to any other person. Members shall update their passcodes from time to time and shall duly log out of the accounts after using the services to avoid unauthorized use of the accounts by others. Upon discovery of unlawful use of account number or passcode or any anomaly that jeopardizes the security of their use, the member shall give immediate notice to Gamania. However, if your account number and passcode are used unlawfully by another person due to your negligent custody, Gamania will not be responsible.
VI. Limited Liability:
(I)
Gamania member services are provided by Gamania based on existing plans. Gamania does not guarantee that the Services will meet specific requirements of specific users.
(II)
Gamania does not guarantee that the services will be correct, complete, safe, reliable, fit, timely, stable, free of interruption or error. You agree that the emails, files and other data you send should be backed up or duly processed. Gamania will not be liable for any loss of your email, file or other relevant electromagnetic record or data in the course of transmission.
(III)
You should make your own consideration of the risks involved in any email, file or other data that you download from the Services. Gamania will not be liable for any damage to your computer system or loss of data on your computer due to the download.
(IV)
Gamania Services may be interrupted, unavailable temporarily, delayed or encounter errors in data transmission or storage due to malfunction or breakdown of the system hardware equipment of other partners or telecommunications operators or due to human negligence or third-party hacking, alteration or forgery of data, etc. Gamania does not guarantee that the services will be stable, safe, error-free and interruption-free in any of the above events not imputable to itself. Members should understand all risks in the use of the Services and all potential damages and shall not seek any compensation or indemnification.
VII. Data Processing:
Member agree that Gamania may collect, process, keep, transmit and use information registered or kept by members in order to provide members with other information or services, to prepare member statistics, to engage in survey or research of online behavior or to engage in any other legal use. Members also agree that Gamania may provide your personal data to affiliates (as detailed in the link to Service Field Division https://www.gamania.com/main.php) or partners (including but not limited to logistics companies) to the proper extent within below reasonable scope.
- When you purchase points, your name, email, telephone, GamePass account data will be transmitted to the fund flow service provider such as GASH, and GAMA Pay.
- When you contact customer service, your name, email, telephone, and GamePass account data will be transmitted to the customer service provider, such as Ants’ Power.
- We will use your personal data to engage in media marketing related to the Services, including but not limited to EDM, short message, advertisement and notice to you about game upgrade and relevant event and promotion.
- We will send your gaming history to Gamania’s internal division or other affiliate to perform study and analysis and to improve experience, provide recommendations based on interest or detect anomalous behavior such as plugin, and fraud.
- When you participate in any event, we may have to send you gifts or engage in co-marketing with other partners. We will explain the data that we need you to provide and the scope of our use in the instructions about the event.
VIII. Privacy Policy
Your member registration and other specific information will be protected and governed by the Privacy Policy. You understand that, when you use the Services, you agree for Gamania to collect, process and use your personal data in accordance with the Privacy Policy, including cross-country transmission, storage and use within affiliates.
IX. Reservation of Member Contents:
Gamania will not perform any formal or substantive review of the contents transmitted, displayed or published by members (including but not limited to text, graphics, music, images, software, and information or any type of data), nor does it guarantee their correctness, completeness, security, and reliability. Members should make their own consideration of the risks in the content provided by other members.
X. Intellectual Property Right:
The intellectual property right such as copyright, patent or trademark, ownership and other rights to all works or information of Gamania belong to Gamania or the original right holders. Unless legally licensed by Gamania or the original right holder in advance, no member shall engage in any reproduction, transmission, adaptation, editing or other forms of use, nor shall such work or information be used for any purpose. Any person in breach shall solely bear relevant legal liabilities.
XI. Addition/Amendment to Member Rules and Service Suspension:
(I)
Any addition or amendment to this service agreement will be published on the Company’s official website, with individual notice based on the correspondence details provided upon member registration. If you use or continue to use the relevant service without objection within 15 days from the publication of the amended service agreement, you will be deemed to have understood and agreed to the amended terms. Unless otherwise provided by law, members shall not seek any indemnification or compensation.
(II)
Gamania may, following prior publication and individual notice, terminate, cancel or suspend the Services in whole or in part. Unless otherwise provided by law, members shall not seek any indemnification or compensation.
(III)
If a member does not log into the Gamania account for more than one year (inclusive) and if such member still does not log in 15 days after Gamania’s public announcement and individual notice, Gamania may, following prior publication and individual notice, terminate, cancel or suspend the Services in whole or in part and delete all data in such Gamania account and account number. The member shall not seek any indemnification or compensation.
XII. Governing Law and Jurisdiction:
The interpretation and application of these Service Terms and Conditions, as well as any right or obligation between members and Gamania due to the user of the Services, shall be interpreted in accordance with the laws of the Republic of China (excluding Act Governing the Choice of Law in Civil Matters Involving Foreign Elements). The parties agree that any dispute shall be subject to the first-instance jurisdiction of the Taiwan Taipei District Court. This clause does not exclude the application of small-amount jurisdiction under Article 47 of the Consumer Protection Act or paragraph 2, Article 28 and Article 436-9 of the Code of Civil Procedure. If any part of these Service Terms and Conditions is invalid, it shall not impact the validity of the other parts.
※ In case of any discrepancy between Chinese and English versions of the terms and conditions, the Chinese version shall prevail.