Home Terms of Use
Welcome to our Games, provided to you by Auer Media & Entertainment Corp., which has its registered office at 32F,.No.285, Sec .2 Wenhua Rd,.Banqiao Dist,. New Taipei City 22046, the Taiwan (hereafter referred to as "Auer"). These terms of use (hereafter referred to as, "Terms of Use") govern your use of our games, all the web pages that are part thereof, and all content, software, and services offered thereon (hereafter collectively referred to as the "Games").
Your use of our Games signifies that you agree to these Terms of Use, that you consent to our privacy policy (hereafter referred to as the "Privacy Policy"), and that you consent to receiving required notices and to transact with us via cell phone. If you do not agree to the Terms of Use and/or the Privacy Policy, we advise you not to use our Games.
1. CHANGES TO THE TERMS OF USE
We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" link, located at the bottom of the Games. You are responsible for checking these Terms of Use periodically for changes. If you continue to use the Games after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.
2. ADDITIONAL TERMS
Certain areas of the Games, such as sites where you can download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on the Games, you agree to comply with such guidelines and rules.
3. ELECTRONIC-DELIVERY POLICY & YOUR CONSENT
You agree that we may electronically provide to you required notices, agreements, and other information concerning the Games. If you no longer agree to receive notices electronically, please cease using the Games.
4. PRIVACY POLICY
The Privacy Policy explains the practices that apply to your personal information when you use the Games. Your ongoing use of the Games signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy at any time by clicking on the Privacy Policy link, located at the bottom of the Games.
5. CHANGES TO THE GAMES
We may discontinue or change any service or feature on the Games at any time and without notice.
6. ACCESS COSTS
You must provide, at your own expense, the equipment and Internet connections that you will need to access and use the Games. If you access the Games through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether any such fees apply to you. You are solely responsible for any costs you incur to access the Games through any wireless or other communication service.
7. YOUR RESPONSIBILITIES
7.1 You may use the Games for lawful purposes only. You may not submit or transmit through the Games any information, content, or material or otherwise engage in any conduct that:
1. violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business, or entity, including Auer and its employees and agents;
5. contains viruses or any other cell phone code, files, or programs that interrupt, destroy, or limit the functionality of any cell phone software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a cell phone or cell phone network;
6. encourages conduct that would constitute a criminal offense or give rise to civil liability;
7. violates these Terms of Use, guidelines, or any policy posted on the Games; or
8. interferes with the use of the Games by others.
7.2 You may not use our Games:
1. for your own commercial gain;
2. to offer any form of advertising or promotion without our prior written consent; or
3. to provide any false personal information or any information, content, or material on account of anyone other than yourself without permission.
7.3 By using our Games, you agree:
1. to abide to these Terms of Use;
2. to keep your contact information accurate and up-to-date; and
3. not to share or transfer your password without our consent.
7.4 You may not use the Games in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party's use and enjoyment of the Games. You may not attempt to gain unauthorized access to any services, user accounts, cell phone systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Use.
Each player may only have one account. We reserve the right to delete an account in the case of a player with multiple accounts, or for any other reason.
7.5 You may not use the Games or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Games to violate the terms of this section. We may terminate your access or use of the Games immediately and take other legal action if you, or anyone using your access to the Games, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our cell phone or communications networks.
7.6 Any information, content, or material you have created and submitted or transmitted through the Games and that is covered by intellectual property rights (or similar rights) shall be licensed to us as a nonexclusive, transferable, sublicensable, royalty-free, perpetual, worldwide license, and we are entitled to use such intellectual property on or in connection with the Games or any other medium.
7.7 When you provide information, content, or material and use the public privacy setting, it means that every visitor to the Games will have access to such information, and that we have no control over that information or what visitors do with it.
7.8 We reserve the right to remove any of your information, content, or material from the Games if it violates these Terms of Use.
7.9 If you select a username, we reserve the right to remove or reclaim it if we believe it is appropriate to do so.
8. LICENSE TO USE THE GAMES
Subject to these Terms of Use, you may use the Games and the content offered on the Games only for personal, noncommercial purposes. You may use content offered for downloading for personal use only and are subject to the rules that accompany that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content. You may not use any data mining, robots, or similar data-gathering and -extraction tools on the content; frame any portion of the Games or content; or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without our prior written consent. You may not circumvent any mechanisms included in the content for preventing the unauthorized reproduction or distribution of the content.
9. AGE RESTRICTIONS
By using the Games, you confirm that you are 12 years of age or older or that, if you are under 12 years of age, you are accompanied and directly supervised by a parent or legal guardian. If you are under 12 years of age, please do not access the Games without your parent or legal guardian directly supervising you. You agree that if your cell phone, Internet-enabled device, Internet connection, and/or facilities (whether owned, leased, or borrowed) access or assist users in accessing the Games or services, you will not allow or assist, knowingly or unknowingly, children under 12 years old to access the Games or services except while directly supervised by a parent or legal guardian. You agree that if you do allow or assist children under 12 years old to access the Games without a parent or legal guardian directly supervising them with your cell phone, Internet-enabled device, Internet connection, and/or facilities (whether owned, leased or borrowed), you will assume full liability for any consequences, and that under no circumstances (including, but not limited to, negligence) will Auer, any third-party content provider, or their respective agents be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of or inability to use the sites by users under 12 years of age, even if such party has been advised of the possibility of such damages.
10. PROPRIETARY RIGHTS
Intellectual Property Rights to the Games
We own the intellectual property rights to the design of and the information on the Games, including the name of the Games and the look and feel of the color combinations, button shapes, and other graphical elements of the Games. Such intellectual property is protected by international treaties and by copyright, trademark, patent, and trade-secret laws, as well as other proprietary rights. For example, we own a copyright on the selection, organization, arrangement, and enhancement of the Games, as well as on our original content on the Games.
Intellectual Property Rights to the Games
We own the intellectual property rights to a large number of the games on the Games, and for certain games, we requested and obtained permission from the copyright holders known to us. Some games may be used under special conditions, considering a number of prerequisite constraints. These prerequisite constraints are, as far as we could determine, met by Auer. We do not change anything in the source code of the games. For example, credit holders, brand names, or references to Games remain unchanged.
11. CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If, in your view, any copyright or other intellectual property right ("IP right") that you may have is being infringed by/on the Games, please inform us immediately, thereby providing us with:
1. the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner's behalf;
2. a description of the IP right that you claim has been infringed, and a description of the infringing activity;
3. the identification of the location where the original or authorized copy of the copyrighted work exists (for example, the URL of the Games where it is posted, or the name of the book in which it has been published, or, in case of a registered brand name, an excerpt of such register evidencing the registry);
4. a copy of a license in which you are granted the right to use and to protect such IP right (if you are not the owner of the IP right);
5. the identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough to enable us to locate such material;
6. your name and full contact details; and
7. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
12. THIRD-PARTY PAYMENT SERVICE PROVIDERS
Auer is able to sell you, either directly or through the third-party payment service providers (PSPs) that supply payment transaction services to Auer and the users of the Games in order to facilitate the sale of products and services through the Games, virtual items (such as a virtual game element or virtual coins) or a subscription to download a game. If you purchase something from the Games, you will enter into an agreement with either Auer or the relevant PSP to carry out the payment (you will see this on the payment screen).
Via PSP. If the agreement is entered into with a PSP, Auer will never be responsible for the communication between you and the PSP, and all information that you exchange with the PSP will be subject exclusively to the privacy policy and/or other regulations of that PSP. You must indemnify Auer against reclaimed payments or other claims the PSP may have as a consequence of the non-performance of payment.
Via Auer. All information that we receive from you in the context of performing payments and supplying services are subject to Auer’s privacy policy. Our privacy policy can be found. You agree to pay all applicable taxes and costs associated with your purchase.
If you purchase a product or service from us in Taiwan , you will have seven calendar days to cancel your purchase (the “cooling off” period), starting on the first day after the date of delivery or purchase. The date of purchase will be considered the date of delivery. You do not have this right if the service or product has been delivered and used before the cooling off period ends. If you purchase virtual items, you will have no right to cancel your purchase because our performance commences upon supply.
Auer does not issue refunds for any reason whatsoever. You will not receive a refund or other compensation for unused virtual items. If you cancel or close your account (whether voluntarily or involuntarily), the virtual items you have purchased will be forfeit and Auer will provide you with no compensation whatsoever in this regard.
PAYPAL
Auer also provides one click payment possibility trough the relevant PSP. This payment possibility provides for instant payment of certain services by simply clicking on the payment button. When you make a payment on the Games through the relevant PSP, you can opt to use the one click payment possibility for any future purchases concerned. By doing so, you authorize AUER and the PSP to debit your PSP account (bank balance or credit card) for the purchases upon click on the payment button. You may withdraw this authorization at any time by sending an e-mail toour email address or by notifying the PSP through the designated (e-mail) address. If you make use of the one-click payment possibility, Auer and/or the PSP will process your PSP account information to facilitate and execute the one-click payment. The one-click payment will also be subject to the relevant terms and conditions of the PSP concerned.
13. THIRD-PARTY SITES & ADVERTISERS
The Games may include links to third party Games, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The existence links do not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites. Any dealings that you have with advertisers found on the Games are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against any advertiser.
14. USE OF SOFTWARE
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use, shall govern your use of such software. We grant you a personal, nonexclusive, nontransferable, limited license to install the software on any single cell phone. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
You agree to fully comply with all import and export laws, regulations, rules, and orders of the Taiwan or any other foreign (e.g., the United States) government agency or authority, and you agree not to directly or indirectly export, reexport, transfer, and/or release the software, related technology, or any product thereof for any proscribed end-use or to any proscribed country, entity, or person (wherever located) without proper governmental authorization. You bear full responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules, and orders and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules, and orders, and for obtaining all necessary authorizations and clearances.
15. DISCLAIMER OF WARRANTIES
We provide the Games as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Games. Auer is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Games and all software, content, and services distributed through the Games are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, and noninfringing. We do not guarantee that the Games will meet your requirements or will be error-free, reliable, without interruption, or available at all times. We do not guarantee that the results that may be obtained from the use of the Games (including any support services) will be effective, reliable, or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Games (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of Auer shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
16. LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Games. In no event shall our liability (or the liability of our parent company or our suppliers) for any and all claims relating to the use of the Games exceed the total amount of service fees that you paid us during a one-year period for the specific service at issue. We, our parent, our content partners, and our suppliers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of, inability to use, or reliance upon the Games. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, cell phone failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states, or jurisdictions, our liability (and the liability of our parent and suppliers) shall be limited to the extent permitted by law.
17. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Games. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
18. INTERNATIONAL USE
We make no representation that any content of the Games is appropriate or available for use in locations outside the Taiwan. Accessing the Games from territories where the content is illegal is prohibited. If you choose to access the Games from a location outside the Taiwan, you do so on your own initiative and you are responsible for compliance with local laws.
19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of the Taiwan govern this contract and any claim or dispute that you may have against us, without regard to Taiwan conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Taiwan, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Please note that by agreeing to these Terms of Use, you are:
1. waiving claims that you might otherwise have against us, based on the laws of other jurisdictions, including your own;
2. irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in the Taiwan over any disputes or claims you have with us; and
3. submitting yourself to the personal jurisdiction of courts located in the Taiwan for the purpose of resolving any such disputes or claims.
20. SEVERABILITY & INTEGRATION
This contract and any supplemental terms, policies, rules, and guidelines posted on the Games constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
21. TERMINATION
Your right to use the Games automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Games. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Games, for any reason, with or without notice.
