Terms of Service
The “Terms of Service” (hereinafter collectively referred as “ToS”) is provided by Blue Potion Games Co., Ltd., (hereinafter referred as “the Company”) to provide mobile game “EOS RED” contents and services (hereinafter collectively referred as “the Service”). After the user agrees, it constitutes a valid contract between the two Parties.
User should carefully read the content of the ToS before using the Service provided by the Company to protect user’s personal rights. When the user select “Agree to the Terms of Service of the game service” and click “Start” to complete the member registration and start to use the Service, it is assumed the user has read and review the ToS for more than 3 days, and fully understand the whole content and under the laws and regulations of Republic of China (Taiwan) agreeing to comply the ToS, EOS game managing regulation, all notice announced.
All clauses regulated by the authority that should be disclosed but not listed in the ToS is deemed to be part of the ToS. All clauses regulated by the authority that should not be disclosed but listed in the ToS is waved from the ToS.
User： (Please follow the registration procedure to fill out the information, hereinafter referred as “Party A”)
Blue Potion Games Co., Ltd (hereinafter referred as “Party B”)
Address：5F, 5, Teheran-ro 44-gil, Gangnam-gu, Seoul, Republic of Korea
Clause I Legal Representative
If Party A is limited legal capacity person, Party A should get his/her legal representative approval before signing the ToS; If Party A is lack of legal capacity, the ToS should be signed by his/her legal representative.
If a limited legal capacity personnel or lack of legal capacity personal purchase game points or any kind of in game items without prior approval of legal representative or purchased by legal representative, and the legal representative wants to refund the purchase. The legal representative may follow procedure announced on the official website, prepare all supporting document and file the refund request. Once Party B confirm the refund request, Party B will then refund the purchase to Party A.
Party B should have clear remark of Clause I in English on its official website homepage, game login page, or shop page. If Party A is a limited legal capacity or lack of legal capacity personnel, except the content listed in this clause I, the legal representative should have read, understood, and agree with all contents of the ToS before using the service of this game. Same rule applies for all following ToS revision. In the event when Party A is a limited legal capacity or lack of legal capacity personnel and understand the provision in paragraph 1 and still use the Service, it is deemed to Party A’s legal representative has read, understood and agree the content of the ToS.
Clause II Scope of ToS
Party B provides Party A with mobile gaming service and other related services (hereinafter collectively referred as “the Service”). The rights and obligations for both Parties are listed in the ToS.
Clause III Content
The followings are deemed to be part of the ToS and have the same legal effect as the ToS：
1.Party B’s advertisement or marketing content regard the Service.
2.Fee Table and game managing regulation.
If the above content conflicts with each other, the final explanation should be in favor to the consumer.
Clause IV Definition
The definition for the ToS are as followed：
1.Online game: By connecting to Party B’s destinated server with computer, smart devices, or other electronic devices by Party A with internet connection. This does not include electronic game console, local area network (LAN), or other game servers do not require internet connection defined by the Electronic Game Arcade Business Regulation Act.
2.Game website：The website built by Party B for the Service.
3.Game managing regulation：Set up by Party B for regulating the way of the game is processed but does not conflict with ToS.
4.Game log：From log in to the Service till log out, the game history or progress of Party A recorded by the computer system.
5.Service suspension (Froze)：The action to temporary suspend Party A from using the Service provided by the website through restrict game log in or temporary restrict account usage.
6.Plug-in：Program that is not provided by Party B and used to affect or alter Party B’s online game process.
7.Necessary Cost：Refers to the cost paid by Party B or the cost paid to a third party to perform the ToS.
Clause V Service Scope
The Service provided by Party B in the ToS refers to the destinated server provided by Party B for Party A to access the game service through internet. This does not include Party A’s internet connecting service of internet provider and the hardware use to connect to the internet.
Clause VI Game login
Party A shall follow the registration procedure to apply for the Service and provide personal identification document or other necessary information in logging into the game website. To ensure the right of Party A in the Service, if the identification validation information is incorrect or modified, should immediately inform Party B.
In the event when Party B needs to contact Party A for the Service purpose, and Party A does not provide the correct personal information or the information is not truthful and not up to date, Party B may suspend Party A’s game access and game log inquiry. But if Party A can prove to be the signee of the ToS, it not subjected to the clause.
Clause VII Termination
Party A may without a cause or undertake any cost to terminate the ToS by e-mail or in writing to Party B within seven (7) days after starting to use the Service.
Clause VIII Rules of modification of billing standard and the notification of the modification
The calculation of the billing standard for the Service is virtual game currency system.
In the Service (e.g. game store, online shop and etc..) there are game points, items, or other services (e.g.) available for Party A. Party B shall list payment method and product information on its official website.
Party B shall make an announcement thirty (30) days before the modification of the billing standard on its game website, in-game notification, and game login page; If Party A provides e-mail address during registration, Party B shall notify Party A through e-mail as well.
In the event of billing standard modification, the new rate shall be effective on the effective date; If the new rate is higher than the original rate, and Party A has purchased the product and register the product on the game website before the effective date, the original rate shall apply.
Clause IX Disclose information
Party B shall disclose the following information on the homepage of the game website, login page, or online shop page：
1.In accordance with the Game Software Rating Management Regulation to label the game rating and restricted or suitable ages for the game.
2.Minimum software and hardware requirement for the game.
3.Provide free or paid information for security devices.
4.Provide product or activity of chance for purchase, the information regarding the activity content, prize, chance, and number of rare items shall be disclosed. The wording of “This product has a chance to win certain item, the consumer purchasing or participating the activity does not mean the consumer will win or get the certain item” shall be listed.
Clause X Effective
The first time Party A register the account after the reviewing period of the ToS, and enter the webpage display the ToS.
After clicking the “Agree” bottom, it is deemed that Party A agree to the terms of the ToS.
Clause XI Intellectual property
All intellectual properties and data (included but not limited to the digital record in the format of virtual product, treasure, virtual coins, and etc…) in the Service or and game website, their copyright, patent, trademark, trade secret, other intellectual property right, ownership and other rights belong to Party B or its rightful owner. Party A may not recreate, transmit, alter, edit, dispatch or profiting in any matter without licensed by Party B or the rightful owner. Party A MUST NOT alter, decompile, reverse engineering, disassemble or any behaviors on adjusting, sabotaging, attacking any content of the Service. Party A shall be held responsible for infringing this clause.
In the situation described in the preceding paragraph, Party A shall also not transfer, sell, or otherwise dispose of any works and materials on Party B’s game website. If Party A violates the laws and regulations and any infringement of the intellectual property rights of others occurs in the game. After Party B receiving the order from the inspection unit and judicial or other government agencies Party B may provide Party A’s member registration information, online time and game history record of the member to the relevant unit as proof without the consent of Party A, and this contract will be terminated immediately.
Clause XII Use and storage of account and password
Party A shall register an account and password in order to use the Service, after Party B confirms the account and password, the account and password shall be used by Party A only.
Once the account is registered it cannot be changed, the password for the account may be changed by following the procedure released by Party B.
Party A is responsible for the storage of its account and password, the account and password shall be the transfer, deliver, disclose, or lend to a third party. If dispute arise attributable to Party A, Party A shall by responsible solely.
Party B’s personnel (Includes customer service, game master) shall not ask Party A’s password without a rightful cause.
Party B shall keep Party A’s account and digital record after thirty (30) days after the termination of the ToS.
If the ToS is terminated for the reason not attributable to Party A, within the 30 days of processing all necessary procedure for termination, Party A has the right to use its original account and its digital record.
As the period expired for item 6 of this clause, and Party A has not process all necessary procedure. Party B may delete the account and all related information of the account. But if it is regulated by law is not subjected to this clause.
Clause XIII Notification of illegal usage of the account and password
1.In the event of either Party discovers that a third party has illegally used Party A’s account and password, or if there is any abnormal use of security, it shall immediately notify the other party and verify by Party B. After Party B confirms the foregoing circumstances, it shall be suspended. For the right to use the account or password, change the account or password to Party A, immediately restrict the third person’s right to use the game service, and disclose the relevant handling methods in the game management rules.
2.Party B shall immediately notify the third party who holds the preceding paragraph to provide explanations through website announcements, short messages, emails, push broadcasts or other methods agreed by both parties from the moment when the right to use the game is temporarily restricted. If the third party does not provide an explanation within seven days of receiving the notification, Party B shall directly reply to the digital record improperly transferred to Party A. If it is unable to reply, it can adopt other equivalent compensation methods agreed by both parties, and it will be cancelled after the reply. Restrictions on the third party; but Party B provides free security devices (such as anti-theft cards, phone locks, etc.) and Party A is not the user, Party B may directly reply to Party A the digital records improperly transferred.
3.If the third party who holds the digital record in Paragraph 1 disagrees with the handling of the preceding Paragraph by Party B, and Party B may follow the procedure for reporting the case and deal with it through judicial channels.
4.When Party B restricts Party A’s right to use in accordance with the provisions of Paragraph 1, Party B shall not charge Party A during the restricted period of use.
5.Party A shall bear all legal responsibilities in the event that Party A or other online game users' rights are damaged due to false claims.
Clause XIV Game log storage period, inquiry method and charges
Party B shall keep Party A’s personal game log for a period of 30 days for Party A’s inquiry. Party A can apply for access to Party A’s personal game log i online and must submit personal information that matches the identity document for verification. The query fee is NT$200. To be borne by Party A.
When Party B receives Party A’s inquiry application, it shall provide Party A’s personal game log listed in Item 1, and provide the information within seven days via email.
Clause XV Digital record
All digital records of the Service belong to Party B, and Party B shall maintain the integrity of Party A's relevant digital records.
Party A has the right to control the digital records mentioned in the preceding paragraph. But it does not include transfer and profit behavior outside the scope of this game service.
Clause XVI Privacy protection
XVII Information Disclosure
Party B shall provide relevant information regarding the Service and renew the information periodically.
Clause XVIII Connection quality
When Party B schedule to suspend all or part of the Service for maintaining the system, hardware, and software related to the game service, it shall make an announcement on the game website homepage, game login page or shop page seven (7) days in advance. However, it is not limited to those who are temporary, urgent or not attributable to the business operator.
Party B shall ensure that its system equipment is free from errors, screen pauses, delays, interruptions or inability to connect. In the event of failure to provide the Service to Party A is attributable to Party B, Party B shall refund the game fees or in-game merchandise deducted by Party A during the unavailability period, or waive the equivalent game fees, or defer A Only the time to play the game.
Clause XIX System security, program loophole.
Party B shall be responsible for maintaining its own system when providing the Service in accordance with the provisions of the ToS, in accordance with the security that can be reasonably expected by the current technological or professional standards.
When the computer system or digital record is damaged, or the computer system operates abnormally, Party B shall respond as soon as possible after taking reasonable measures.
When Party B violates the preceding two provisions or causes damage to Party A due to a loophole in the game program, it shall be liable for compensating Party A’s damages, but if Party B can prove that it is not at fault, its liability for compensation may be mitigated or waived.
In the event list in paragraph 2 of this clause, Party B shall not charge Party A until it has been repaired and is operating normally.
The dispute between Party A and the third party arise from sharing account, or entrusting other to purchase game point, Party B is not responsible for assisting in resolving the dispute.
Clause XX Game management regulation
In order to regulate the way the game is played, Party B shall establish reasonable and fair game management regulation, and Party A shall abide by the game management regulation announced by Party B.
Any modification on Game management regulation shall follow the provisions of Clause XXI in the ToS.
Game management Regulation is invalid if conflict with the following
1.Conflict with the ToS.
2.Deprive or restrict Party A's rights of the ToS. However, those that Party B handles in accordance with Clause 21 shall not be subject to this limitation.
Clause XXI Violation of Game management regulation
Except otherwise stated in the ToS, if there is substantial evidence that Party A violates the game management regulation in this game, Party B shall make an announcement on the game website homepage, game login page, shop page or in-game notice, and use online instant messaging or Email notification to Party A.
If Party A violates the game management regulation for the first time, Party B shall notify Party A to make improvements within a certain period of time. If improvements are not made after Party B’s notification, Party B may restrict Party A’s right to use the game based on the severity of the game in accordance with the game management regulation. If Party A violates the game management regulation again for the same reason, Party B may immediately restrict Party A’s right to play the game in accordance with the game management regulation.
Party B's right to suspend Party A from playing the game in accordance with the game management rules shall not exceed seven days each time.
Clause XXII Right to appeal
If Party A is not satisfied with the connection quality, game management, billing, and other related service quality provided by Party B, or is dissatisfied with Party B’s disposal in accordance with the game management rules, it may provide services to Party B within seven (7) days from the day after receiving the notice The center may submit an appeal by email or in writing, and Party B shall respond to the result of the settlement within 15 days after receiving the appeal.
Party B shall provide a 24 hours online customer service and appeal service.
Party A reports that a third party uses plug-ins or other appeals that affect the fairness of the game, and shall be handled in accordance with the first paragraph.
Clause XXIII Amendment on ToS
In the event when Party B is making an amendment on the ToS, Party B should make an announcement on game website homepage, game login page or shop page, and notify Party A with its contact information for login.
Party B fail to make announcement and notification, and amendment on the ToS is invalid.
Party A within 15 days after the arrival of the first notice：
1.If Party A does not express any objection, it shall be deemed that Party A accepts the contents of Party B's contract change.
2.If Party A expresses objection, it shall be deemed as Party A's notice to Party B to terminate this contract.
Clause XXIV Termination of ToS and refund
Party A may notify Party B to terminate the ToS at any time.
Upon termination of the contract, after deducting 30% of the necessary costs, Party B shall refund Party A’s unused stored value or game fees by cash, credit card, money order or registered check within 30 days.
If Party A has one of the following major circumstances, Party B may terminate this contract immediately after notifying Party A in writing or email：
1.Use any system or tool to maliciously attack or destroy Party B's system.
2.Play the game by exploiting plug-in programs, virus programs, game program vulnerabilities or other methods that violate fairness and reasonableness.
3.Purchasing points or in-game products by means of impersonation, fraud or other hypocrisy.
4.Those who have violated the game management regulation for the same reason for a certain number of times (not less than three times), but have not improved after being notified in accordance with Clause 18, Paragraph 2.
Party B shall be liable for Party A’s damages when Party B has made an error in the facts found in the preceding paragraph or is unable to provide evidence.
Upon termination of the contract, after deducting the necessary costs, Party B shall refund the unused paid purchase points or game fees to Party A by cash, credit card, money order or registered check within 30 days, or in accordance with the method agreed by both parties The aforementioned points or fees.
Clause XXV Cease operation
If Party B ceases the operation of this game service and terminates the contract, it shall make an announcement on the official website homepage, game login page or shop page 30 days before the termination, and notify Party A based on the contact information that Party A has logged in.
If Party B fails to announce and notify during the period mentioned in the preceding paragraph, in addition to refunding Party A’s unused purchase points or game fees and not deducting necessary costs, it shall provide other reasonable compensation.
Clause XXVI Delivery
Regarding the notice of all matters in this contract, Party A agrees that Party B will be served according to the contact data registered by Party A.
If there is any change to the registered contact information in the preceding paragraph, Party A shall notify Party B immediately. Party B shall serve the contact data after the change.
After Party B sends a notice based on the contact data registered by Party A, it will arrive at Party A in writing, or the email will enter Party A’s email server, and it is presumed that it has been delivered.
If Party B is unable to deliver due to Party A’s intention or negligence, Party B shall not be liable for damages caused by the failure to deliver.
Clause XXVII Validity of individual clauses
Any part or all of the invalid clauses of this contract will not affect the validity of other clauses.
Clause XXVIII Governing law and competent court
For the interpretation and application of this contract and related game management rules, and the rights and obligations between Party A and Party B due to the use of this service, both parties agree to use the laws of the Republic of China as the applicable law.
If litigation is necessary for events arising from this contract, the parties agree that the Taipei District Court shall be the court of first instance jurisdiction.
The provisions of the preceding paragraph shall not exclude the application of Article 47 of the Consumer Protection Law, Paragraph 2 of Article 28 of the Civil Procedure Law, and Article 436-9.