Pinkcore利用規約
PINKCORE and its Affiliate provide website, games, information and related services (together hereinafter “Game Services”) for user’s (hereinafter “User”) approach and use.
User shall read these <PINKCORE Service Terms> (hereinafter “Service Terms”) carefully before using Game Services. These Service Terms establish a contractual relationship by and between PINKCORE and User. By clicking the “Agree” option in the Game Services or using Game Services, User is deemed to have understood and agreed to the provisions of these Service Terms.
The Game Services provided by PINKCORE are rated “R” (Restricted). Any person under 18 or legal age of majority shall not use or view Game Services in any way. If you are under 18 or legal age of majority, please leave Game Services immediately. If you continue to use or view Game Services, you shall solely be responsible for any legal consequences arising therefrom; PINKCORE will not be liable in any way.
1. Definitions
- “Affiliate” means enterprises which are independent in existence but are interrelated in either of the following relations: (A) having controlling and subordinate relation between PINKCORE and such enterprise; or (B) having made investment in each other.
- “Game(s)” means the game and the services related to such game provided or operated by PINKCORE and/or its Affiliates; however, the services related to the third-party platforms which the games launched are not included.
- “Gaming History” means User’s in-game progress recorded by the electronic system from User’s login to logout of the Game Services.
- “Game Management Rules” means the rules established or published by PINKCORE to regulate how the Game proceeds. The Game Management Rules may be amended by PINKCORE from time to time.
- “Platform Points” means the game platform points or the liked platform virtual currency that published by a Third-party and purchased or acquired by the Users, which can be used on different games to purchase or exchange in-game Virtual Goods or items.
- “Plugins” means the programs not provided by PINKCORE, the purpose of which is to affect or change or record the operation of Game Services.
- “Temporary Restriction (freeze)” means a temporary ban on User’s right to use Game Services, for example, temporary restrict to login the Game or use User’s Game account.
- “Virtual Goods” means any virtual item in the Games. Virtual Goods may not be purchased by money directly. User may obtain the Virtual Goods by playing the game, join the social media campaign, or by exchanged through Platform Points, etc. For the avoidance of doubt, Platform Points are not Virtual Goods. User only has the right to use such Virtual Goods under the Game Management Rules and does not own the property rights or any other rights to such virtual items.
2. Contents
The followings are considered as a part of these Service Terms:
2.1 Announcements, regulation of events, and advertisement relating to Game Services published or released by PINKCORE.
2.2 The Game Management Rules for each Game published or released by PINKCORE.
3. Restrictions on Refund Applications
3.1 If the Platform Points have been used by User (for example, exchanging for Virtual Goods or opportunity to use loot boxes for Virtual Goods or characters, enabling certain function, or unlocking or extending game content), such Platform Points cannot be returned by its nature, and User may not request a refund in any reason by any means.
3.2 If User intends to request a refund of unused Platform Points, User shall follow the procedures and relevant rules announced by the Third-party platform from which User bought the Platform Points. User shall deal with refund applications to such Third-party platform on his/her own, and PINKCORE cannot refund the fees of Platform Points to User in any way.
3.3 The Virtual Goods cannot be purchased by currency directly, even if the Game Services contain wordings like “buy” or “purchase”, etc., it does not give the Virtual Goods any monetary or transaction value; therefore, Virtual Goods are not refundable under any circumstances.
3.4 If User has any controversial issue to the Virtual Goods, User may contact the customer service of PINKCORE for assistance.
4. Intellectual Property Rights
4.1 All rights, titles and interest (including without limitation copyright, patent, trademark, trade secret and other rights) in and to Game Services and materials in relation to Game Services (including without limitation any games, titles, computer code, themes, scenes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games, server software, and any other materials) are owned by PINKCORE or the respective rights holders. PINKCORE reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Game and Game Services. Unless otherwise specified in this Service Terms, User shall not reproduce, copy, transfer, transmit, convert, edit, make derivative work or commit any infringement by any means unless otherwise legally authorized in advance by PINKCORE or the respective rights holders.
4.2 If User would like to create any derivative works in relation to Game Services, User shall follow “PINKCORE素材使用及び二次創作についてのガイドライン”; provided that, such Guidelines does not consist of any licensing from PINKCORE to User, and PINKCORE still reserves all rights to the Game Services and the relative materials.
5. Use of the Account and Password
5.1 The user account and password for which the User uses to login the Game Services, shall be used exclusively by User. User shall neither transfer, deliver, disclose, sell or lend them to any third party, nor let any other person to use or access User’s own account. If User violates this regulation, PINKCORE may place a Temporary Restriction on User. If any dispute arises as a result of the foregoing, User shall be solely responsible for any liabilities resulting therefrom.
5.2 The account, password and other personal information User provided to the Third-party platform will only be possessed and managed by such platform, and PINKCORE will not acquire such account, password, and other personal information. If User uses the account registered in Third-party Platforms to login the Game Services, User shall negotiate with such Third-party Platforms on his/her own in respect of the management of the account, the changing mechanism, transaction history, electromagnetic record and relevant issues, including any unauthorized use of User’s account; PINKCORE is unable to provide relative services.
5.3 For any dispute between User and a third party arising out of sharing account or engaging third party purchasing Platform Points, PINKCORE is not obligated to provide any assistance.
6. Electromagnetic Record
User understands that all electromagnetic records for Game Services are for User’s entertainment only and have no monetary or transaction value. User shall not transfer, dispose or make profits from the electromagnetic records.
7. Personal Information and Privacy Protection Policy
7.1 The protection of User’s personal information will be handled in accordance with the Personal Information Protection Act and the related laws and regulations. Please refer to <PINKCORE Personal Information and Privacy Policy> for further information.
7.2 If User fails to provide correct personal information or if the provided information is no longer accurate and User fails to update such information, User shall be responsible for all the risk arising therein, and PINKCORE may suspend User’s availability to Game Services (including but not limited to suspending any in-progress games) before the accurate or updated information is provided by User. If User provides incorrect personal information or if the provided information is no longer accurate and User fails to update such information, PINKCORE shall not be responsible for any damages incurred by User under these Service Terms.
7.3 If User’s actions regarding Game Services violate any laws and regulations or infringe PINKCORE’s or any other parties’ rights, PINKCORE may, in order to cooperate on the investigations of the public authorities or any government agency, provide User’s personal information, membership registration information and Gaming History to the relevant authority as evidence.
8. Publication and Authorization
8.1 PINKCORE may provide platforms which User can make statements on it (including but not limited to dialogue or message column in the Game, comments, uploaded images, etc.) or operate the social media platforms for Users’ discussion. PINKCORE does not warrant that any public statement User made will not be used by a third party. If there is any unauthorized use of User’s statement by a third party, User shall be solely responsible to any damages or dispute arising therefrom.
8.2 User shall be solely responsible to his/her public statement makes through Game Services. PINKCORE has no obligation to prior review any User’s statement; provided that, PINKCORE is entitled to edit or delete any improper statement (including but not limited to statements that infringe copyright, insulting, discriminating controversial, indecent, obscene or distributable statements, statements violate laws or these Service Terms) in its sole discretion.
8.3 PINKCORE is entitled to monitor or record the communication content of User made through Game Services. User acknowledges and agrees that User have no privacy to the communication content made by User through Game Services. PINKCORE has the right to reveal the communication content made by User with any reason, including but not limited to (a) In accordance with the relevant laws and regulations; (b) Required by the administrative or judicial authority; (c) To execute any terms of these Service Term or other Game Management Rules; or (d) To protect the right and relief of PINKCORE.
8.4 User agrees to grant PINKCORE or its designated third party a royalty-free, perpetual, fully paid-up, worldwide, irrevocable license to use User’s statements on Game Services, including copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, and use and practice, in any way, User’s statements as well as all modified and derivative works thereof in connection with Game Services. User also grants PINKCORE any right which are licensable in conditions same as the aforementioned.
9. Internet Connection Quality
9.1 In order to use the Game Services, User shall equip with the required devices to connect to the internet and User shall be responsible for the internet fees and other telecommunication charges related thereto.
9.2 PINKCORE is not liable for any damages incurred as a result of connection error, sluggish connection, disconnection, or inability to transmit due to the obstruction or blockage of telecommunication facilities and equipment.
9.3 PINKCORE will use its best effort to ensure the Games functional on the devices and operating systems PINKCORE announced. However, PINKCORE does not warrant that Games compatible to all kinds of devices and operating systems. If USER confront with any connection or incompatible issues in playing the Games, PINKCORE is not liable for USER’s damages.
10. Game Management Rules
10.1 User shall comply with the Game Management Rules published by PINKCORE.
10.2 Any changes to the Game Management Rules shall follow the procedures set out in Article 11 of these Service Terms.
10.3 If User violates any of these Service Terms, PINKCORE may, based on the violation degrees, restrict User's right to access Game Services or place a Temporary Restriction on User.
11. Amendment to Service Terms
PINKCORE is entitled to amend the Service Terms from time to time. User shall read these Service Terms regularly and comply with the same to protect his/her rights. By continuing to use the Game Services after these Service Terms are amended, User is deemed to have agreed to such amendments.
12. Termination of the Service Terms
12.1 If User do not login and use Game Services for more than six months, PINKCORE may notify or request the third-party platform to notify User to login in fifteen days, and if User still fails to do so, PINKCORE may terminate the Service Terms and delete the USER account.
13.2 PINKCORE may immediately cease to provide Game Services to User if User behaves any of the following, and PINKCORE will not be liable in any way nor be responsible for a refund:
- attack, try to attack or destroy PINKCORE’s computer system intentionally by using any system or device;
- use plugins, malware, loopholes in the game, or other methods that are in violation of fairness and reasonableness in gaming process or affect on the ordinary game structure, including but not limited to: using cheats, automated software (bots) to automatically control the game, server, any module or its functions, hack programs, or any other unauthorized third party software;
- purchase the Platform Points in a way of counterfeiting the identity, committing fraud or any other false or improper method;
- violate the Game Management Rules with the same reason for more than three times;
- discovered by the judiciary to engage in any unlawful behavior;
- do reverse engineering, decompile, disassemble, or anything alike;
- use Game Services, in whole or in part, for any commercial purpose without getting prior authorization from PINKCORE, including but not limited to undertaking any commercial advertisement or marketing activities through Game Services;
- use any third party software or other illegal methods to obtain information from or stored at PINKCORE customers’ end or any other Game Services’ information;
- provide any game matching services that intercepts, simulates, or redirects PINKCORE’s communication protocols, including but not limited to carrying on the Game through the internet, internet connection devices, or content aggregation networks;
- assist, create, or maintain any connection to Game Services without PINKCORE’s authorization or prior consent, including but not limited to any connection simulating or attempting to simulate a connection to an unauthorized server, or any other games; and any connection utilizing unauthorized programs or devices;
- sell, lease, impose a lien on, or transfer the rights held by User with respect to the game to others without the prior authorization of PINKCORE.
- disrupt or assist in the disruption of any computer used to support Game Services or any gaming environment; or the gaming process of any other players;
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; or
- disclose any loophole or bug of Game which may be improper used by any third party in public or non-public manner.
13.3 If User intends to request a refund after the Service Terms are terminated, Article 3 shall apply.
13. Delivery
13.1 User agrees that any notice from PINKCORE in regard to these Service Terms shall be delivered to the contact address or email address provided by User.
13.2 Once PINKCORE delivers a notice to the address referred to in this Article 14, such notice shall be deemed to be delivered when the written notice reaches User’s mailbox or when the email enters into User’s email server.
13.3 If PINKCORE is unable to deliver the notice due to User’s willful or negligent act, PINKCORE shall not be liable for the damages suffered by User from such delivery failure.
14. Language
These Service Terms may be translated into different languages for User’s reference only. If there is any inconsistency or ambiguity between the English version and the other language versions, the English version shall prevail and govern.
15. Governing Law and Jurisdiction
15.1 The interpretation and application of these Service Terms and the relevant Game Management Rules, as well as the rights and obligations between User and PINKCORE arising from User’s use of Game Services, shall be governed by the laws of Taiwan.
15.2 Both parties agree that Taipei District Court shall exclusively serve as the court of first instance for any disputes arising out of these Service Terms.
16. General Provisions
16.1 In case of any disputes, PINKCORE reserves the right of final decision.
16.2 PINKCORE may from time to time amend these Service Terms without prior notice.
17. Contact Information
If User has any question regarding these Service Terms, please email PINKCORE at askme@pinkcore.com.
Last Updated: January 5, 2023