Welcome to applying to become a creator on the FunOne Games platform (hereinafter referred to as "FunOne Games")! FunOne Games is an entertainment platform jointly operated by GASH POINT Co., Ltd. and GASH POINT (HK) Co., Ltd. (hereinafter referred to as "the Company" or "we"). To protect the rights and interests of both you and the numerous users of FunOne Games, please read the following terms carefully. By proceeding with your application to become a creator on FunOne Games, you acknowledge that you have read and agree to the terms below.
- Definitions
- Creator: Refers to an individual or entity that publishes content on FunOne Games in accordance with this agreement.
- Content: Refers to the material published by the Creator on FunOne Games, including but not limited to APP programs, digital content, and other products or services.
- User: Refers to the end users who utilize the services of FunOne Games.
- Qualification Confirmation Before Applying to Become a Creator
- Before applying to become a Creator, you must ensure that you are at least 18 years old. If you are a person with limited legal capacity, you must obtain consent from your legal representative. If you are incapable of legal acts, this agreement must be executed by your legal representative on your behalf. If you fall into either of these categories, please ensure that your legal representative has read, understood, and agreed to all the terms of this agreement before proceeding with your application.
- If you are applying on behalf of a company or other entity, you represent and warrant that you have full authorization from the company or entity to agree to and be bound by this agreement on its behalf.
- Your agreement to the terms of this agreement does not mean that you are immediately eligible to become a Creator on FunOne Games. You may not publish content on FunOne Games until you have been reviewed and approved by FunOne Games.
- Code of Conduct
- Harm to Minors: This includes uploading or publishing any content that may promote the exploitation or abuse of minors. If such content is found, FunOne Games will immediately remove it and take appropriate measures, such as contacting local law enforcement or reporting to child protection agencies.
- Infringement of Intellectual Property Rights: You must ensure that you have full rights to your work, including but not limited to copyright, patent, trademark rights, and so forth, and must not infringe on the intellectual property rights or trade secrets of others.
- Inappropriate Content: This includes content that contains obscene language, graphic violence, pornography, sensitive events, or other content that violates laws or regulations.
- Improper Collection or Dissemination of Information: This includes any improper collection of personal information from others or sending unsolicited advertising, spam emails, and the like.
- Infringement of Others' Rights: Content should not insult or attack specific individuals. If photos or audio involve third parties, you must ensure that consent from those third parties has been obtained.
- Engagement in Unapproved Commercial Activities: This includes activities such as posting advertisements, fundraising, buying or selling accounts, trading points, or organizing lotteries with specific entry conditions, unless expressly permitted by GASH Games.
- Publication of Content That Violates Regulations: Content must comply with local regulatory restrictions. For instance, content involving virtual currencies, medical information, or gambling must be accompanied by relevant permits for FunOne Games to review.
- AI-Generated Content: Due to advancements in AI technology, you may create content using AI. However, you should carefully review AI-generated content to ensure it does not violate relevant guidelines (such as content harmful to minors or infringing on intellectual property rights).
- Content Review and Removal
- Review Before Publication
- Content Removal
- Payment Policy
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Chargeable Content:
If you provide chargeable content to users via FunOne Games, you must comply with FunOne Games' payment policies (i.e., redeeming goods or services through FunOne Games points or through payment channels provided by FunOne Games; chargeable content includes but is not limited to purchasing paid goods or games (or virtual items within games), subscription services, or features or content of applications (such as ad-free versions or features not available in free versions)). -
Service Fee and Taxes:
To enhance the services provided by FunOne Games (including improving platform system functionality, security, etc.) and to help creators and users develop more long-lasting and stable relationships, we will charge a 15% service fee on the revenue for creators providing chargeable content. Any taxes you are liable for will be deducted from your payment in accordance with the law when we remit funds to you. -
Payment Method:
Payments to creators will be made exclusively via wire transfer, and you are required to provide certain information related to the transfer. You acknowledge and agree to comply with our minimum transfer amount threshold (USD 500 or TWD 10,000). You will bear any fees charged by your bank or any intermediary banks involved in the transfer (e.g., wire transfer fees). -
Monthly Statements and Invoicing:
You will receive a statement of user points consumption on your content for the previous month by the 10th of each month and must issue an invoice to request payment. Upon receipt of the invoice, we will process payments on a monthly settlement basis within 45 days to your designated bank account (e.g., payments for March should be made by May 15). The month is defined as the end of each month, e.g., March 1 to March 31 is considered the March statement. In the event of bank or financial data processing center system failures, other force majeure events, public holidays, or regular holidays that delay transfers, you agree that we will process the transfer to your designated bank account on the next business day after the issue is resolved. -
Currency Conversion:
Amounts remitted to you will be converted based on the exchange rate reflected by Bank of Taiwan(https://rate.bot.com.tw/xrt?Lang=zh-TW). You understand and agree that if the currency used by users in any application or game is different from the remittance currency agreed upon with us, the purchase price should be converted to the remittance currency. -
Refund Policy:
Once goods or services are purchased by users or redeemed with points, we do not offer refunds to users unless otherwise required by local law. - Taxes
- Tax Responsibility: Each party is responsible for its own taxes arising from this agreement. For the avoidance of doubt, if any withholding tax is required on payments made to you under this agreement, we will withhold and pay such taxes in accordance with the law and provide you with relevant withholding tax certificates. We reserve the right to charge a service fee on such amounts.
- Tax Exemptions: If you are entitled to tax reductions or exemptions under applicable laws, you must provide adequate documentation to enable us to apply a lower tax rate. You may request in writing that we report the withholding tax or similar taxes paid on your behalf to the relevant tax authorities.
- Consultation and Liability: You understand and agree that you are responsible for consulting with legal or tax advisors regarding your tax obligations under this agreement. Any penalties, interest, or other consequences resulting from delayed or insufficient payment of withholding taxes or other tax violations will be your responsibility.
- Licensing
- All Marketing Activities Related to FunOne Games.
- Providing Hosting Services: To allow users to access the works; you agree that we may delegate this hosting service to third parties.
- Improving the Functionality of FunOne Games: Including but not limited to enhancing FunOne Games' payment system, increasing security, etc.; you agree that we may delegate these services to third parties.
- Warranties
- Intellectual Property Rights: You represent and warrant that you hold full intellectual property rights to the works (including rights obtained through licensing); if the works include images or voices of others, you have obtained consent from those individuals.
- Accuracy of Information: You represent and warrant that all information provided to FunOne Games or users through the works under this agreement is truthful and accurate.
- Termination
- Termination for Breach: We may terminate this agreement if you breach any provisions of this agreement. Additionally, we reserve the right to terminate this agreement at any time, and you agree that we may do so with 30 days' prior notice.
- Termination by You: You may terminate this agreement at any time by providing us with 30 days' notice.
- Post-Termination: Upon termination of this agreement, we will cease publishing your works and will settle any related payments due to you (if applicable).
- Indemnification
- Disclaimer
- You understand and expressly agree that FunOne Games’ services are provided on an “as-is” and “as-available” basis, with no express or implied warranties. Therefore, you assume all risks and responsibilities for any damages resulting from your use of FunOne Games, including but not limited to damage to computer systems or other devices and data loss.
- We cannot guarantee that your requirements will be met, such as providing uninterrupted service, ensuring security, or preventing errors. You agree to bear all risks and losses associated with using FunOne Games’ services.
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During the provision of services, various situations may arise, and we may take immediate actions such as modifying, suspending, or interrupting FunOne Games' services without prior notice. You agree that we are not liable to you or any third party under the following circumstances:
(1) During regular site, server, or hardware/software maintenance, updates, or checks.
(2) When the server experiences any form of damage leading to abnormalities.
(3) Due to poor quality of ISP network transmission or delays affecting the server linked to FunOne Games.
(4) Due to other force majeure factors (such as floods, fires, earthquakes, etc.) causing service interruptions, modifications, or cancellations. - Amendments to the Agreement
- Miscellaneous
- The interpretation and application of this agreement shall be governed by the laws of Taiwan, excluding any conflict-of-law principles. For any disputes arising from this agreement, you agree that the Taipei District Court in Taiwan shall have exclusive jurisdiction as the court of first instance.
- This agreement is available in both Chinese and English versions. In the event of any discrepancies or ambiguities between the two versions, the Chinese version shall prevail.
As a creator on FunOne Games, you should maintain good online etiquette and avoid engaging in any behavior that harms or affects other users. Therefore, FunOne Games prohibits the publication of content or engagement in activities that involve the following:
(1) Before a work is published on FunOne Games, it must undergo a review by FunOne Games. In addition to ensuring that the content complies with the behavior standards set out in Section 3 of this agreement, the work must also meet FunOne Games' specifications and guidelines.
(2) If the purpose of the work is to provide "downloads of applications, products, or games" outside of FunOne Games, such content is not permitted for publication on FunOne Games.
(1) Even if a work passes the initial review and is published, you are still obligated to ensure that the work continues to comply with the relevant standards of this agreement.
(2) You must provide necessary support and handle user complaints regarding the work you upload. To facilitate this, you must provide accurate contact information to users.
(3) If we discover that your work violates relevant standards or receive reports of violations from others, we may still remove the work and inform you of the reason for removal. If the work is removed due to violations of this agreement, you agree that FunOne Games may, at its discretion, determine whether to refund any related payments to users.
To achieve the objectives of this agreement, you agree to grant the Company a global, non-exclusive, royalty-free, and perpetual license to use your works and related identifiers (including but not limited to copyrights, trademarks, etc.) for the following purposes, including but not limited to reproduction, adaptation, distribution, publication, public transmission, broadcasting, and other related activities:
You are fully responsible for any direct, indirect, incidental, consequential, or punitive damages arising from you or your works. You agree to indemnify and hold harmless the Company, its representatives, and employees, defending and compensating them to prevent any loss or damage.
If there are any changes to the terms of this agreement, we will notify you in advance using the contact information you have provided, and the new terms will take effect upon notification. By continuing to use FunOne Games' services, you agree to accept the revised terms. If you do not agree to these changes, please immediately cease using the services and notify us of your intention to terminate the agreement.