Mixmaster Online Terms of Use Agreement

(The "Agreement")

IMPORTANT! PLEASE READ CAREFULLY.
1. TERMS OF AGREEMENT

(a) Terms of Agreement. Joyple Australia offers to allow you to play its multi-player online computer game "Mixmaster Online" conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. Your use of Mixmaster Online constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules of Conduct. To confirm your agreement, you must create an account on mixmasters service. If you do not so agree, you're not allowed to register to play, in which case you reject the offered terms of use and will not be permitted to play Mixmaster Online. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact Joyple Australia customer service representative.

(b) Amendments. Joyple Australia may amend this Agreement or modify the Rules of Conduct at any time in its sole discretion by posting on our web site (http://mixmasteronline.com.au) (a) the amended Agreement or (b) the modified Rules of Conduct. Amendments to the Agreement will be effective seven (7) days after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of Mixmaster Online after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Conduct periodically so you will be familiar with those contents as amended or modified from time to time.
2. Ownership
All rights and title in and to the Program and the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the program, transcripts of the chat rooms, character profile information, recordings of games played on the program, and the program client and server software) are owned by Joyple Corporation. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on Joyple Australia (including, without limitation, content that the Website enables you to download) without the express written permission of Joyple Australia. In the event of any permitted copying, redistribution, trademark, legend or copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from Joyple Australia is allowed by the user expressly for the user's own use.

3. DESCRIPTION OF SERVICE

Joyple Australia offers Mixmaster Online as an item-based online role-playing game service (the "Service") accessible through our web site, currently at http://mixmasteronline.com.au (the "Web Site"). Joyple Australia reserves the right to change the URL address of the Web Site at any time and from time to time. To use the Service, you will need to install software which Joyple Australia makes available from the Web Site (the "Software"). Anyone desiring to use the Service is required to establish an account with Joyple Australia (the "Account"). Joyple Australia does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at mixmasteronline.com.au is an active part of the Service and any use of the website is governed by the same terms and conditions of this User Agreement and the Rules of Conduct.

4. Account
(a) Eligibility. Accounts are available to any individuals. If you wish to use the service, you must complete the registration process, open an account in your name and accept full responsibility for all obligations under this agreement. Those who have completed these steps and who maintain their account in good standing are sometimes referred to in this agreement as "Members." By clicking the "Register" button, the registered user of an account may use the account. Only one person may use an account and you are liable for all activities conducted through the account.

(b) Account ID. At the time your Account is opened, you must choose a name to identify yourself to Joyple Australia (your "Account ID or Username"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of Joyple Australia, or which Joyple Australia deems in its sole discretion to be vulgar or otherwise offensive. Joyple Australia reserves the right, in its sole discretion, to (1) delete or alter any Account ID or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or tradename right, copyright, or other proprietary right. You have sole liability for all activities conducted through your Account or under your Account ID.

(c) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the service, the characters Joyple Australia stores on Joyple Australia servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service.

(d) Character Name. In order to use the service, you create a character and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of Joyple Australia, or which Joyple Australia deems at its sole discretion to be vulgar or otherwise offensive. Joyple Australia reserves the right, in its sole discretion, to (1) delete or alter any Character Name or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or tradename right, copyright, or other proprietary right.

(e) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. Joyple Australia will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.

(f) Former Members. Members whose Accounts have been terminated by Joyple Australia may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of Joyple Australia.

(g) Related Accounts. If Joyple Australia terminates an Account, Joyple Australia may terminate any other Accounts that share the same member name, email address, Internet Protocol address, or credit card number with the terminated Account.

(h) Downloads. Downloads of Joyple Australia programs should only be downloaded from our website from any other mirror site we approve of. Joyple Australia will not be responsible for any harm resulting from the download from any other site.

5. SERVICE FEE

(a) Mixmaster Online is an item-based game. Service usage is basically free.
(b) Designated paid information and paid service usage are governed by the user agreement or paid service policy contained in user agreement and Joyple Australia's paid service policies.
(c) Joyple Australia has exclusive ownership of all paid service in Mixmall(http://mixmasteronline.com.au/mixmall), and user bought certain contents have item usage right on the web. User only has usage right during the specific time period when user buy paid service on the Mixmall.
(d) Paid item owned by user can not be sold or transferred to others for real money Joyple Australia's consent. (e) Free item and gifted item from other users are NOT refundable.
(f) Game item usage period is limited to the period of service. If Joyple Australia terminates Mixmaster Online game providing service, item usage right will be ended together with the service termination.
(g) Only unused portion of game money (cash points) is refundable. If you purchased item, user can NOT get refund for the item even if user's item is available in the game.
(h) In the event that you breach this agreement and give some damage to Joyple Australia, you will forfeit your right to any and you are wholly responsible for the all costs, attorneys' fees and other expenses incurred.


6. OFFICIAL SERVICE

Joyple Australia has designed Mixmaster Online for play only as offered by Joyple Australia at the Web Site. You agree to play Mixmaster Online only as offered by Joyple Australia at the Web Site and not through any other means. You further agree not to create or provide any other means through which Joyple Australia may be played by others, as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or advantage your use of the Service which is not authorized by Joyple Australia, including but not limited to the use of 'bots' and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for Joyple Australia, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any Mixmaster Online accounts, characters, items, coin or copyrighted material.

7. PRIVACY
(!) You can view our Privacy Policy terms here.

10. INTERRUPTION OF SERVICE

(a) Joyple Australia reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.

(b) You acknowledge that the Service may be interrupted for reasons beyond the control of Joyple Australia, and Joyple Australia cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Joyple Australia shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.

(c) Joyple Australia shall not be obligated to reimburse any of expense by reason of any interruption of the Service by reason of any of the circumstances described in paragraph (a) or (b).

11. Warranty Disclaimer

Joyple Australia PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE MIXMASTER ONLINE GAME AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or Mixmaster Online. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.


You agree to indemnify, defend and hold harmless Joyple Australia and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or your violation of any rights of another User. Joyple Australia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

14. TERMINATION
(1) you will not be entitled to any refund or proration of any fees;
(2) you will lose any avatars developed or items accumulated and you will not have the right to transfer, sell or assign any avatars or items to anyone else;
(3) you may not access the service in any manner or for any reason, including via any other account, in the event that an account is terminated, Joyple Australia may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account; (4) we may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of Joyple Australia as described in the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund.

15. GENERAL PROVISIONS

16. Notice Notices may be sent to you or you may send notices to Joyple Australia via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.

17. Violations Please report any violations of the Terms of Agreement to our compliance department by e-mail. I have read and understand the foregoing Terms of Agreement and agree to be bound by all of its terms.