Ironbear Digital Entertainment Co., Ltd. 《 Terms of Service》
Terms of Service
The term "Ironbear", "we", "our", or "the Company" used herein refers to Ironbear Digital Entertainment Co., Ltd. (located in New Taipei City, Taiwan); The Ironbear Services refer to any game, application, content, or activity (hereinafter collectively referred to as the "Services") that is developed by the Company; The "Terms of Service" are collectively referred to herein as the "Terms".
1. License LimitationsProvided that you agree to comply with the Terms, you may use the Services for your personal and non-commercial entertainment use only. You may not use the Services for any other purpose, and may not modify or otherwise exploit the Services.
The above license shall be subject to the limitations set forth below (hereinafter referred to as the "License Limitations"). Any use of the Services in violation of the License Limitations may constitute a violation of the law or infringement of the Company's intellectual property rights or copyright. The Company may take action against you, which may include permanent termination of your account or legal action against you.
(1) Offensive content and infringement. You agree that, under any circumstances, you will not:
Release any content containing harassment, defamation, insult, slander, hatred, threat, terror, homophobia, racial discrimination, sexual discrimination, religious discrimination, religious zeal, pornography, obscenity, lechery, indecency, licentiousness, lewdness, awkwardness, nakedness, excessive violence, offensive materials, abuse, attack, or any other objectionable content. Promote, encourage, or facilitate use of any illegal drug. Distribute any unpublished personal information of any other user that is offensive, infringing, or invasive of another’s privacy or publicity rights. Violate any other right, or violate any applicable laws or regulations in any other way.
(2) Cheat or disrupt any user's game experience in any way. You agree that, under any circumstances, you will not:
Use, distribute, or design cheats, loopholes, macro programs, automated programs (bots), automatic bonus collectors, any other third party software that is not expressly authorized and is designed to alter the gameplay under the Services, or any other application that alters the gameplay and disrupts fair competition. Use any connection using any programs or tools not expressly authorized by the Company
(3) Unauthorized use or connection. You agree that, under any circumstances, you will not:
Start, assist, encourage, or participate in any form of attack, disruption, attempt or use of any other way to disable any computer (individually referred to herein as a "Server") used to support the Services or any other party's access to or use of the Services, including but not limited to distributing viruses, attacking to disrupt services, or using or designing cheat programs, loophole programs, zombie networks, hacker programs, or any unauthorized third party software or other altered design software. Modify, copy, translate, decompile, reverse engineer, disassemble, or decrypt all or any part of the Services or create derivative works from the Services in any way not expressly authorized by the Company, except where permitted by law or an open source license. Host, provide, or develop matchmaking services for the Services, or intercept, emulate or redirect the communication protocols used by the Company in any way for any purpose. Facilitate, create or maintain any unauthorized connection to any unauthorized server that emulates, or attempts to emulate, the Services; or otherwise attempt to extract source code from us or any information of the Services. Use any unauthorized third party software or tool that collects, intercepts, or mines information from the Services, including but limited to any software or tool that reads areas of RAM used by the Services to store game information; or copy, modify, use, upload, broadcast, or distribute any game content of the Services or the Company's copyright or trademark; or copy or distribute any content of the Services in any way, except where authorized by the Company. Any of the actions described above may be a violation of criminal and civil laws.
(4) Collect information. You agree that, under any circumstances, you will not:
Collect or steal another user's information; or falsify or create a false identity (including but not limited to that of a celebrity, site administrator, official representative, or employee of the Company) in order to mislead others and thereby obtain passwords, login information, and other information or log in to other users' accounts.
(5) For any commercial purpose. You agree that, under any circumstances, you will not:
Use, without our express consent, the Services for any commercial purpose, including but not limited to: gathering in-game items, currency, or other resources for sale outside the game; use the Services to provide in-game services in exchange for payment outside the game (e.g., power-leveling, gathering); sell or trade any account; use advertisements to sell goods or services or for any other purpose; push messages, advertisements, marketing events, or any other non-personal communication (e.g. chain mail, junk mail, canned mail, repeated messages, questionnaire, competitions, direct marketing, or any other form of message sent without the recipient's consent)
(6) Use the Services to commit fraud or any other action whose purpose violates any of the local, state, national, or foreign laws.
(7) Use our customer support services in an inappropriate manner, including submitting false and abusive reports or using abusive or vulgar and offensive language when communicating with our technical support staff. Threaten, harass, abuse or harm, encourage or incite others to harass, abuse, or harm others or certain groups, including but not limited to the Company's employees and customer representatives. Impersonate another person, including but not limited to any of the Company's employees.
2. User eligibility and account security(1) Users of the Services must meet the following requirements:
A. You must be a "natural person" and aged 13 or above. Users under 13 may not use the Services.
You may not use our services if you do not meet any of the requirements above.
(2) With respect to the account by which you use to access the Services, you agree to adhere to the following rules:
A. If the Services require you to create directly a new account, you agree to provide the latest, complete and accurate registration information, and update the said information as needed.
B. You shall be responsible for keeping your personal account safe. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account
C. You will not transfer, trade, or share your account with anyone.
D. You are responsible for the activity that takes place with your account (with or without your consent), including but not limited to purchase made by use of any payment tool.
E. If you discover or suspect that your account has been stolen or is being used without your consent, please report such incident to us immediately
You may not use our services if you do not promise to adhere to all of the rules above.
4. Service updates(1) To provide better services, we may require you to update any and all software on your device to continue using our services.
(2) You understand and agree that we may remotely update service specific content on your device without notice in order to update the Services.
5. Payment terms(1) You may use real currency to obtain a limited license from a third party affiliated with the Company (e.g. Facebook Payments, Apple App Store, Google Play Market, or Amazon Store) to redeem for virtual currency or in-game items or services in the Services provided by us.
(2) By completing a payment transaction in our services through a third party, you agree to the payment terms of the said third party and the Company not being a party to the transaction.
(3) If you purchase points from any third party platform, the Company is not responsible or liable for any dispute arising from your purchase of points from the platform.
(4) If you are under 21 or under the legal age in your country, you may not make a payment unless accompanied by your legal guardian.
(5) You understand and agree that your "purchase" of virtual currency or in-game items with our services only grants you a limited license to use the said virtual currency or in-game items, and you do not legally "own" the said virtual currency or in-game items. In addition, none of the virtual currency and in-game items can be reversed, measured, or exchanged for real currency. Any balance of virtual currency or in-game item does not constitute a real currency balance or reflect any stored value.
(6) No refund or exchange will be granted after a payment is completed: You agree that we are not required to provide a refund for any reason, and you will not receive any payment or any other form of compensation for unused in-game items when your account is terminated by you or by us.
(7) To the fullest extent permitted by law, no refund will be granted for any limited license to use virtual currency or in-game items or services obtained by purchase or by redemption of third party points.
6. Third party advertisement(1) We may provide in the Services links to third party websites or companies (hereinafter referred to as the "Third Party Companies"), which may allow you to take part in special offers in exchange for certain virtual currency or in-game items or services.
(2) Links to Third Party Companies are provided solely to offer you another convenient option to access services or upgrades, and do not constitute any promise made by us to any of the Third Party Companies.
(3) We do not endorse or have control over any of the Third Party Companies. We are not responsible for paying any claims against any of their contents, products, or services.
(4) Third Party Companies may charge additional fees. Any fee to be paid or obligation in a transaction is solely between you and the relevant third party.
(5) Certain Third Party Companies may require you to provide information or automatically collect your information or data. We are not responsible for their privacy policies or the information that they collect, use, or disclose.
7. User content(1) User content refers to any communication, image, and sound that you or any other user transmit, upload, publish, comment on, propose, or give feedback to pertinent to the Services and all items and materials.
(2) You agree that you will not transmit within the scope of Services any information that is private or confidential, violates the law, or infringes on the intellectual property rights of any other party.
(3) You hereby grant us a perpetual, worldwide, irrevocable, royalty-free, and non-exclusive license to sublicense to a third party, reproduce, adapt, edit, publish, translate, reformat, sell, transfer, exhibit, transmit, distribute, broadcast, and use such content; and to include such content in any modified or derived works from user content relevant to the Services.
(4) To the extent permitted by law, you hereby agree to waive all of your moral rights in connection with any user content.
8. Content monitoring(1) You agree that you will not transmit within the scope of Services user content that is private or confidential (including but not limited to text or voice communication).
(2) You hereby give your irrevocable consent for the Company to unilaterally decide whether to monitor, record, edit, refuse to publish, or remove any user content.
(3) The Company has the right, but not the intention, responsibility, obligation, or ability, to monitor, control, inspect, or review the suitability or legality of all user content.
(4) The Company is not responsible in any way for any user content published by any user. Users shall bear the entire risk of the accuracy, completeness, and usefulness of user content.
9. Accounts and in-game items(1) Notwithstanding anything to the contrary herein or in any other terms and conditions specified by the Company, you acknowledge and agree that you shall have no ownership or other property interest in any account that you create within our scope of services. This rule also applies to any other form of game related virtual currency, in-game item, or eligibility.
(2) You may "earn" or "purchase" any in-game item, currency, or eligibility through the Services, but all rights associated with all accounts and any in-game item, currency, or eligibility related to the accounts in the Services shall be our property. What we grant you is a limited license to use in an account or in-game items.
(3) The Company prohibits any transfer or attempted transfer of account, including purchasing, selling, gifting, or trading any account. Any of such transfer or attempt to transfer is a violation of the terms and conditions and shall be null and void, and may be subject to account termination or potential legal action.
(4) You may not transfer or attempt to transfer any in-game item, currency, or eligibility outside the Services (e.g. in the real world), which may take the form of purchasing, selling, trading, or gifting by real currency or exchanging for value. Any of such transfer or attempt to transfer is a violation of the terms and conditions and shall be null and void, and may be subject to account termination, confiscation of in-game items, currency, or eligibility, or potential legal action.
(5) The Company has absolute discretion over the virtual currency and in-game items or eligibility, including the right to change, modify, or delete. The Company may exercise any of the rights above without any obligation to you or any other user.
(2) If your account is terminated by us, you may not request to have the account reactivated for any reason. Meanwhile, we may terminate any other account that you hold.
(3) You will not receive any refund or any other form of compensation for unused in-game items whether your account is terminated by you or by us.
11. Disclaimer(1) To the fullest extent permitted by law, we do not make any guarantee that our service, which is provided on an "as is" and "as available" basis, will not be interrupted or disrupted or will be error-free; we do not make any guarantee that defects or flaws will be corrected; we do not make any guarantee that our service will not contain any virus or other harmful components; and use of this service is at your own risk.
(3) Under no circumstances shall we be liable for any loss incurred by any user, regardless of cause.
12. Exemption and limitation of liability(1) We provide and ensure “services” for your use based on commercially reasonable technology, not providing guarantee or bearing responsibility for such services pertinent to the following:
A. Various forms of losses arising from use of the Services or loss of use of the Services, including but not limited to claims for loss of profit, reputation, work, or data
B. Losses caused by action of a third party, including but not limited to disruption of network services, malfunctioning of device software/hardware, and actions of other external network companies or services provided to other users
(2) To the fullest extent permitted by applicable law, we shall not be held liable for any direct, indirect, special, incidental, exemplary, punitive, or collateral damages incurred by you or any other party under any circumstances.
(3) Under no circumstance shall the Company bear any liability for damages in excess of the total amount that you have paid to the Company in the six months preceding any of the first of such claims submitted by you.
(4) Certain countries or jurisdictions do not permit certain guarantee waivers or the aforesaid limitation of liability. To the fullest extent permitted by law, the Company shall not be held liable under such circumstances.
(5) You agree to indemnify, defend, and absolve the Company from claims for damages, requests, damages or other losses (including reasonable attorneys' fees) incurred by any third party as a result of your use of the Services or violation of any of the terms and conditions, policies, and rules; This rule shall extend beyond the termination of your use of the Services or the deletion of your account.
13. Non-waiver and severability(1) The failure of the Company to perform any of the provisions, rules, or rights under the Terms does not indicate any waiver of the same at present or in the future, or impact upon our right to perform the same in the future.
(2) Any express waiver of the Company to perform certain provisions, rules, or rights under the Terms does not constitute a permanent waiver on our part to perform such provisions.
(3) If any portion of the Terms is found to be not legally binding, that portion shall be severed and the remainder of the Terms shall continue to be in full force and effect.
14. RemediesIn the event that you breach the Terms and cause potential irreparable damage to us, you agree that we shall be entitled, without bond, other security, or proof of damages, to injunctive relief or other appropriate remedies.
15. Jurisdiction(1) The laws of the Republic of China govern the interpretation of the Terms and related actions.
(2) Court of jurisdiction: You agree that both parties agree that the Taipei District Court shall be the court of first instance.
16. Changes to the terms and conditions(1) We reserve the right to add, delete, or change the Terms at any time.
(2) If a change is made, we will announce the revised terms and conditions on the website or in the Services.
(3) All changes shall be effective immediately unless otherwise noted.
(4) By continuing to use the Services after an announcement of change, you agree to the revised terms and conditions.
(5) If you do not agree to any of the terms and conditions of the revised Terms, please do not continue to use the Services.
(6) You may not add, delete, or change any portion of the Terms, unless you have entered into a separate written agreement with the Company.
(7) You are obligated to check the Terms in order to determine any changes as well as to inspect all of the revised terms and conditions.
17. Force majeureWe shall not be liable for any circumstances beyond our control, including but not limited to the following:
(1) outdated mobile device, unstable settings and environment, or problems with network infrastructure or network service provider
(2) hacker attack, malware, or security loophole in device system that enables others to access user account
(3) problems arising from a natural disaster, war, riot, terrorism, power outage, energy, transportation facility, strike, labor, or act of civil or military authorities