IMPORTANT: BY
DOWNLOADING OR COPYING ANY PART OF THE GAME AND/OR USING IT IN ANY OTHER
MANNER, AND/OR BY BECOMING INVOLVED IN THE PROCESS OF PLAYING THE GAME, YOU
ACCEPT THIS END USER LICENSE AGREEMENT AND AGREE TO BE BOUND BY ANY AND ALL
TERMS AND CONDITIONS HEREOF, WITHOUT LIMITATION.
LICENSE AGREEMENT
This End User
License Agreement (hereinafter referred to as “the Agreement”) governs the
interactions between us (hereinafter referred to as “the Licensor”) and you, the
Licensee that uses the Game (hereinafter referred to as “the Licensee”), in
relation to the Game.
1.
Terms used in the Agreement
1.1. “The
Game” refers to the interactive mobile game, which is mobile device software that
includes the Game
Resources, including all add-ons and updates, and the server-side Game
Software. The Licensor is the sole party that operates and maintains the Game,
as well as provides the Licensees with access to the Game.
If the Game is
not distributed under a subscription, of which the users are informed via the
Game’s Website, the Game shall function based on what is commonly known as the
Free-To-Play model, which implies that the Licensee gains the right to use the
Game by sheer participation in the Game, without any recurring subscription or
any other mandatory fees that could be required in order to participate in
and/or progress through the Game. The Licensor holds all the necessary rights
to the Game and all of its elements, taken both separately and as a whole. The
Licensor may use, operate, and distribute the Game throughout all the
territories where the Licensor supports the use, operation, and distribution of
the Game.
1.2. “The Game
Resources” (“the Resources”) refers to any and all servers, software, and/or
databases that are related to the Game and are located, among other domains, on
our domain and its subdomains.
1.3. “The
Licensor” refers to us, which grants the Licensees the right to use the Game
under a non-exclusive license, as well as publicly promotes, distributes,
operates, maintains, and administers the Game. Under the provisions hereof, the
Licensor shall allow the Licensees to use the Game and access the Game and its
additional functions. The Licensor is one of the Parties hereunder.
1.4. “The
Licensee” refers to an individual that has the legal capacity to enter this
Agreement, participates in the Game, and, under this Agreement, gains the right
to use the Game within the limits provided for herein. The Licensee is one of
the Parties hereunder.
1.5. “The
Transfer of Rights to Use the Game” refers to the Licensor granting the
Licensee the Right to Use the game, to participate in the Game, and to use the
capabilities of the Game, under the conditions and procedures defined by this
Agreement and by the Game’s standard functional mode. All Rights to Use the
Game, excluding the Right to Use the Additional Functions of the Game, are
granted by the Licensor free of charge, unless the Game is distributed under a
subscription, as provided for herein.
1.6. “The
Additional Functions
and/or Services of the Game” refer to the functional (software) capabilities
of the Game that allow the Licensee to access additional bonuses and privileges
in the Game under a non-exclusive license and within the limits and conditions
of a corresponding Virtual
Currency. In-Game, the Virtual Currency to Use the
Additional Functions of the Game is referred to as “Gold”. The scope of the right to use the
Additional Functions of the Game granted to the Licensee shall depend on the
amount of Virtual Currency that are
transferred to the Licensee after they use a special service that involves the
exchange of money for Virtual Currency.
1.7. “The License
Agreement” refers to the text of this Agreement between the Licensor and
Licensee, which contains all the necessary and sufficient provisions on
granting the right to use the Game, including the Additional Functions of the
Game, as mobile device software. This Agreement shall be supplemented by the
Game Rules, the Forum Rules, and any other documents referenced herein, which
shall form an essential part of the Agreement.
1.8. “The
Subscription” refers to the Licensor granting the Licensee the right to use the
Game by allowing the Licensee to access the Game for a certain fee.
1.9. “The Game
Rules” (“the Rules”) refer to the Appendices hereof, which are available online
at our game and govern
the Licensee’s use of the Game and the Licensee’s conduct while playing the
Game, set restrictions for the Licensee’s in-Game activities, as well as hold
the Licensee liable for violating the Rules and restrictions, give the Licensor
the right to impose certain sanctions on the Licensee, as defined herein, and
outline the terms of such sanctions. The Licensor may change the Game Rules at
any time and without prior notice to the Licensee. The Licensor shall inform
the Licensee of any such changes by sharing the relevant information on the
Game’s Website. By continuing to participate in the Game after the Game Rules
are changed, the Licensee shall automatically accept such changes.
1.10. “The
Forum Rules” refer to the Appendices hereof, which are available online at our game and govern
the Licensee’s conduct when using the Game’s official Forum (“the Forum”), set
restrictions for the Licensee’s activities on the Forum, as well as hold the
Licensee liable for violating the Forum Rules and restrictions, give the
Licensor the right to impose certain sanctions on the Licensee, as defined
herein, and outline the terms of such sanctions. The Licensor may change the
Forum Rules at any time and without prior notice to the Licensee. The Licensor
shall inform the Licensee of any such changes by sharing the relevant
information on the Game’s Website. By continuing to use the Forum after the
Forum Rules are changed, the Licensee shall automatically accept such changes.
2.
Terms of Joining the Agreement
Before
participating in the Game, the Licensee must read this Agreement, as well as
all the applicable Rules and any other documents that are publicly available on
our game. After filling in the required fields and reading the Agreement, the
Licensee accepts the Agreement and agrees to be bound by it by clicking the
button with the words “Yes, I Agree” or any other similar message, which, under
the laws of HongKong, is recognized as accepting the Licensor’s offer
and entering a contract that shall bind the Licensee to follow the provisions
of this Agreement, including the relevant Game Rules. The actual use of the
Game shall also be also treated as accepting this Agreement.
3.
Subject of the Agreement
Under this
Agreement, provided that the Licensee follows its provisions, the Licensor
shall grant the Licensee a basic non-exclusive license that shall give the
Licensee the right to use the Game as software and/or a database, which shall
include access to participating in the Game and access to the Additional
Functions and/or Services of the Game,
within the limits established herein.
The Right to
Use the Additional Functions of the Game shall be deemed granted the moment the
relevant amount of Virtual
Currency is
transferred to the Licensee’s personal in-Game profile. Upon receiving the Virtual Currency, the Licensee
shall only use them during the process of playing the Game; the Licensor shall
not be held liable for the Licensee’s use/failure to use the Virtual Currency; and
furthermore, under the laws of HongKong, any claims that the Licensee may
have in relation to using the Virtual Currency shall not be defensible in court.
Using the
service that involves the exchange of money for Virtual Currency to Use the Additional Functions of
the Game is not a mandatory requirement for the Licensee to participate in the
Game or receive the overall right to use the Game, unless otherwise noted
herein. The Rights to Use the Additional Functions of the Game are granted to
the Licensee by their own request and volition. The Additional Functions are an
integral part of the Game rather than separate mobile device software, and
Licensee may only exercise the Right to Use the Additional Functions in
conjunction with using the Game.
4.
The Scope of Using the Game and Its
Additional Functions
4.1. The
Licensee may use the Game and its Additional Functions as follows:
4.1.1. the
Licensee may participate in the Game by creating an account and a Game
character and alter the content of the Game through such participation, within
the Rules of the Game;
4.1.2. the
Licensee may use the Additional Functions and/or Services of the Game, provided that the Right
to Use such Additional Functions has been paid for in accordance herewith;
4.1.3. the
Licensee may use the Game within the scope of functions enabled by a
Subscription (if applicable), provided that the Subscription has been paid for.
4.2. The
Licensee may not:
4.2.1.
commercially or non-commercially distribute the Game or its copies, either by
distributing physical copies of the Game or by uploading a copy of the Game
online where it can be downloaded either publicly or by a limited circle of
people;
4.2.2.
translate the Game into foreign languages;
4.2.3.
commercially distribute the audio and visual elements of the Game outside of
the Game;
4.2.4.
commercially or non-commercially distribute the in-game valuables that the
Licensee receives while participating in the Game (such participation includes
using the Additional Functions of the Game) outside of the Game, or transfer
the Rights to Use the Game or the Additional Functions of the Game to third
parties for commercial or non-commercial purposes (including the transfer of a
Game character or account);
4.2.5.
transfer the Rights to Use the Game and/or its Additional Functions to other
Licensees or third parties under a sublicense agreement or by any other means;
4.2.6. use the
Game in any way that is not provided for herein and is not part of the regular
process of playing the Game.
5.
Obligations of the Licensor
The Licensor
shall be subject to the following obligations:
5.1. The
Licensor must, in accordance with the provisions hereof, give the Licensee an
opportunity to access the Game and grant the Licensee the Right to Use the Game
as software and/or database, as well as the Right to Use the Additional
Functions of the Game.
5.2. The
Licensor must maintain the process of playing the Game, accounting for the
provisions hereof.
5.3. The
Licensor must inform the Licensee of any changes herein by publishing updates
on the Game’s Website.
5.4. The
Licensor must give the Licensee an opportunity to obtain (download) the Game
(if applicable) online and free of charge via the Game’s Website, unless noted
otherwise herein.
6.
Rights of the Licensor
The Licensor
shall have the following rights:
6.1. The
Licensor may limit, expand, and alter the content of the Game at any time,
unilaterally, and without prior notice to the Licensee.
6.2. The
Licensor may manage the Game and the processes of playing the Game at its sole
discretion and without prior notice to the Licensee, which includes halting or
altering the Game’s progress or changing the Game Rules.
6.3. The
Licensor may edit or delete any information that the Licensee shares via the
Licensor’s Resources, including the Licensor’s posts and announcements.
6.4. The
Licensor may suspend, limit, and/or block the Licensee’s access to the Game
within the provisions hereof, including in cases when the Licensee fails to
follow the provisions hereof or the Game Rules.
6.5. The
Licensor may, for the purpose of collecting statistics and identifying the
Licensee, access and collect information about the Licensee’s IP address and
use the pieces of technical data (cookies) stored on the Licensee’s personal mobile device.
6.6. The
Licensor may send the Licensee informative or technical messages related to the
Game.
6.7.
Throughout the process of playing the Game, the Licensor may comment on the
Licensees’ activities and warn/notify/inform them that they are violating the
Game Rules or any other provisions hereof. The instructions given by the Licensor
during the process of playing the Game shall be binding for the Licensee.
6.8. The
Licensor may, at any time and without prior notice to the Licensee, update,
supplement, and modify the Game or any of its elements, including the Game.
6.9. The
Licensor may, within the scope of the law, take measures to protect the
copyright to the Game;
6.10. In cases
when the Licensee’s access to the Game has been suspended, limited, and/or
blocked for violating this Agreement or the Game Rules, the Licensor may renew
the Licensee’s access to the game by unblocking their account before the
scheduled date. The specific procedure of unblocking the account in such cases
shall be left to the Administration’s discretion.
6.11. The
Licensor may, at any time and without prior notice to the Licensee, block
access to the Game or remove the opportunity to use the Game (shut down the
Game) and/or any of its Functions.
7.
Limitations of the Licensor’s
Liability
7.1. The
Licensee shall use the Licensor’s Resources and the Game (including the Game,
if applicable) at their own risk. The Licensee shall participate in the Game
and receive the Rights to Use the Game and the Rights to Use the Additional
Functions of the Game “as is”.
7.2. The
Licensee shall not be held liable for any possible unlawful actions of the
Licensee or any third party.
7.3. The
Licensor shall not be held liable for the opinions expressed by the Licensee on
the Licensor’s Resources. The Licensor shall not be held liable for the
Licensee’s conduct when using the Licensor’s Resources, including the behavior,
personality, and ideology of the characters controlled by the Licensee, the
in-Game actions of such characters, and the Licensee’s disrespect towards other
Licensees and the characters controlled by other Licensees. Nor shall the
Licensor be held liable for similar actions on the part of any other
participants of the Game.
7.4. The
Licensor shall not be held liable for the Licensee losing access to their Game
account (such as losing their user name or password or
any other data needed for the Licensee to participate in the Game).
7.5. The
Licensor shall not be held liable if the Licensee enters incomplete,
inaccurate, or improper personal data when creating a Game account.
7.6. The
Licensor shall not be held liable if, while playing the Game, the Licensee
loses the in-game valuables that they have received as a result of
participating in the Game or as a result of using the service that involves the
exchange of money for Virtual Currency to Use the Additional Functions of the Game.
7.7. The
Licensor shall not be held liable for the Licensee’s lack of Internet
connection, or for the quality of connection provided by the Internet Service
Providers that the Licensee has entered into an Internet service agreement
with.
7.8. The
Licensor shall not exchange the in-game valuables that the Licensee receives
while participating in the Game or while exercising the Right to Use the Game
or the Additional Functions of the Game, including the Virtual Currency to Use the Additional Functions of
the Game, for cash, non-cash funds, or valuables; nor shall the Licensor accept
the returns of such in-game valuables.
7.9. The
Licensor shall not exchange one type of in-Game valuables that the Licensee
receives while participating in the Game or exercising the Right to Use the
Game or the Additional Functions of the Game for another type of in-Game
valuables.
7.10. The
Licensor shall not compensate the Licensee for any expenses incurred while
using the service that involves the exchange of money for Virtual Currency to Use the
Additional Functions of the Game, including cases when the Licensee’s access to
the game is suspended or blocked, or when this Agreement is temporarily or
permanently terminated for any reason.
7.11. The
Licensor shall not guarantee that:
7.11.1. the
Game will meet the Licensee’s subjective needs and expectations;
7.11.2. the
process of playing the Game via the Licensor’s Resources, as well as the
Transfer of Rights to Use the Game, will be continuous, fast, and free of technical
malfunctions, risks, and errors;
7.11.3. the
results achieved by the Licensee when using the Game’s software and database,
participating in the Game, and exercising the Right to Use the Additional
Functions of the Game, will be free of error;
7.11.4. the
quality of the process of playing the Game, the quality of any other aspect of
the Game or its Additional Functions, or the quality of information received by
the Licensee when playing the Game or when using the software and database
provided via the Licensor’s Resources, will meet the Licensee’s expectations;
7.11.5. the
Game will be available for use 24/7, at a specific moment, or during a specific
period.
7.12. The
Licensor shall not be held liable for any direct or indirect damage suffered by
the Licensee or any other third parties as a result of:
7.12.1. the
use or inability to use the Licensor’s Resources;
7.12.2.
unauthorized third-party access to the Licensee’s personal information,
including the Licensee’s account or personal in-Game profile;
7.12.3. the
opinions or conduct of any third party using the Licensor’s Resources.
7.13. Under
all circumstances, the Licensor’s liability to the Licensee shall be limited by
the size of the Licensee’s latest payment.
7.14. The
Licensor is under no obligation to provide the Licensee with evidence,
documents, or any other proof that the Licensee has violated the provisions
hereof and has therefore been denied access to the Game and the in-game
valuables, including the Additional Functions of the Game, or has had their
access restricted and/or blocked.
8. Refund Policy
8.1. Upon the Licensee’s request, the Licensor shall
provide the Licensee with a paid service that involves the digital exchange of
money for Virtual Currency to Use the
Additional, Expanded, and Special Functions of the Game (including character
attributes, privileges, special in-Game objects, gifts, etc.). For instance, as
a result of using such Functions, the character controlled by the Licensee may
receive various in-Game valuables, which, among other benefits, may allow the
character to progress through the Game faster. The in-Game valuables are
non-material and may only be used by the Licensee while playing the Game. The
above service shall be regarded as rendered in full after the money is
converted into the Virtual Currency. For the avoidance of any doubts, purchases
of Virtual Currency "Gold" in our games are non-refundable. We
do not provide a refund.
8.2. The use of the service that involves exchanging money for the Virtual
Currency to Use the Additional Functions of the Game shall not free the
Licensee from the obligation to follow this Agreement and the Game Rules; nor
shall it make the Licensee exempt from any measures provided for in this
Agreement or in the Game Rules, including full or partial restriction of access
to the Game and its Additional Functions. In such cases, the cost of the
service that involves the exchange of money for Virtual Currency to Use the
Additional Functions of the Game shall not be refunded to the Licensee.
8.3. The Licensor may, at any time and without prior notice to the Licensee,
without explaining their reasoning to the Licensee, and without compensating
for any possible losses and damages or refunding the money received hereunder,
shut down the Game and suspend access to using the Game, including cases when
the Licensee commits any, including first-time, violation of the provisions
hereof or of the Game Rules.
8.4. No Refunds. Pleased be
noted that while using your account, completed payments cannot be canceled and
there are no refunds for completed payments. You may cancel your account at any
time; however, there are no refunds for cancellation. In the event that we suspends or terminates your account or this Agreement, you
understand and agree that you shall receive no refund or exchange for any Property,
any unused time on a subscription, any license or subscription fees for any
portion of the Service, any content or data associated with your account, or
for anything else. Further, all purchases of our in-game Property and
Merchandise are non-refundable, and we shall not be required to provide a
refund for any reason.
8.5. You agree and consent
that due to the special nature of online game services, there is no physical
goods transaction, and your purchasing experience comes from online game
services provided by the game manufacturer. Therefore, refund is not applicable
unless the Game operation is terminated.
8.6. YOU AGREE THAT WE ARE NOT
REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE
MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN
INACTIVE ACCOUNT OR THAT WAS IN A TERMINATED ACCOUNT, NO MATTER HOW EITHER CAME
ABOUT.
9. Obligations of the Licensee
9.1. The
Licensee shall be subject to the following obligations:
9.1.1. the
Licensee must follow the provisions hereof, including the Rules of the Game,
without limitation.
9.1.2. when
registering to use the Licensor’s Resources, the Licensee must provide accurate
and truthful information;
9.1.3. the
Licensee must not exceed the limits imposed on using the Game and the Additional
Functions of the Game by Section 2 hereof;
9.1.4. the
Licensee must not commit any other violations of the Licensor’s intellectual
property rights to the Game and/or any element of the Licensor’s Resources;
specifically, the Licensee must not copy, broadcast, mail, publish, or
otherwise distribute and recreate the textual, graphic, audio, and video
materials that are part of the Game Resources without the Licensor’s express
written permission;
9.1.5. the
Licensor must take it upon themselves to take appropriate measures that will
ensure the security of the Licensor’s personal in-Game profiles and prevent
third parties for gaining unauthorized access to such profiles;
9.1.6. the
Licensee must follow the Licensor’s instructions, specifically instructions
given by the Licensor to the Licensee or a group of Licensees in-Game, at the
customer (Licensee) support center, in the news section of the Game’s Website,
or on the Licensor’s forum. Should the Licensee fail to follow such
instructions, the Licensor reserves the right to suspend, restrict, or block
the Licensee’s access to the Game or to the Additional Functions of the Game;
9.1.7. the
Licensee must follow any other requirements and any other obligations provided
for in this Agreement and in the Game Rules.
9.2. The
Licensee shall guarantee that they have the full authority necessary to enter
this Agreement. If the Licensee is a minor (younger than 18) or has been
rendered legally incapacitated by any other circumstances provided for in the
current legislation, they must take it upon themselves to receive the necessary
permission from their parents or legal representatives.
9.3. Any other
obligations of the Licensee are covered in the Game Rules and in Section 7
hereof.
10. Additional Functions of the Game
10.1. This
Section of the Agreement regulates the procedure and conditions of the Licensor
granting the Licensee the Right to Access the Additional Functions of the Game.
10.2. Upon the Licensee’s request, the Licensor
shall provide the Licensee with a paid service that involves the digital
exchange of money for Virtual Currency to Use the Additional, Expanded, and Special
Functions of the Game (including character attributes, privileges, special
in-Game objects, gifts, etc.). For instance, as a result of using such
Functions, the character controlled by the Licensee may receive various in-Game
valuables, which, among other benefits, may allow the character to progress
through the Game faster. The in-Game valuables are non-material and may only be
used by the Licensee while playing the Game. The above service shall be
regarded as rendered in full after the money is converted into the Virtual Currency. For the
avoidance of any doubts, purchases of Virtual Currency "Gold" in our
games are non-refundable. We do not provide a refund.
The Right to
Use the Additional Functions of the Game shall be granted to the Licensee under
a basic non-exclusive license for a given fee and within the limits provided
for herein, based on the amount of Virtual Currency that the Licensee has received by
using the paid service that involves the exchange of money for Virtual Currency. The service
that involves the exchange of money for Virtual Currency shall be paid for by the Licensee in
the official currency of the relevant territory, in the amount equaling the
total cost of the Virtual
Currency to Use the
Additional Functions of the Game that the Licensee has selected. The cost of
one Virtual Currency to Use the
Additional Functions of the Game is listed on the special web page for adding
funds to the Licensee’s personal profile in our game. This cost may be changed
by the Licensor unilaterally and at any time without prior notice to the
Licensee. The cost of the previously used service that involves the exchange of
money for Virtual Currency to Use the
Additional Functions of the Game shall not be reviewed.
The Licensor
may use the Additional Functions of the Game by freely exchanging the Virtual Currency that they
have purchased for any in-Game valuables that are part of the Additional
Functions of the Game, at an exchange rate that is defined by the Game Rules
and by the process of playing the Game. The Licensee may then use the in-Game
valuables thus received on an equal basis with any other in-Game valuables that
the Licensee may have obtained while playing the Game in compliance with the
Game Rules. The Licensor shall not be held liable if the Licensee’s character
loses the aforementioned in-Game valuables as a result of in-Game events
(theft, destruction, depletion etc.) if such events fall within the Game Rules.
The Licensee
hereby acknowledges that their character’s access to the Additional Functions
of the Game, measured by Virtual Currency, may be withdrawn in accordance herewith (for
instance, if all the Additional Functions have been consumed or stolen by
another character, if the Licensee’s access to the Game has been
suspended/blocked, etc.) or for any other reason, and that this shall not give
the Licensee the right to demand that the Licensor refund the license fee that
the Licensee paid in exchange for accessing such Additional Functions of the
Game.
10.3. The
Right to Use the Additional Functions of the Game shall be deemed granted to
the Licensee the moment the respective amount of Virtual Currency is transferred to the Licensee’s
personal in-Game profile.
The Licensee’s
Right to Use the Additional Functions of the Game shall be valid for as long as
this Agreement is valid, unless the amount of Virtual Currency received by the Licensee depletes
sooner.
10.4. When the
Licensee registers in the Game, the Licensor shall automatically assign them a
personal in-Game profile, which is directly linked to their account.
10.5. The
methods and conditions of using various payment systems to exchange money for
the Virtual Currency to Use the
Additional Functions of the Game shall be shared by the Licensor. The Licensee
shall pay the license fee by transferring the relevant amount of money to the
Licensor’s settlement account through one of the supported payment systems. The
list of available payment systems shall be published on the Licensor’s Website.
All the main provisions hereof on the payment methods and conditions shall also
be applicable to a Game Subscription (if available).
10.6. When
paying for the service that involves the exchange of money for the Virtual Currency to Use the
Additional Functions of the Game, the Licensee shall undertake to follow all
the instructions on the payment methods and procedures, specifically the instructions
on entering the symbols and digits received via text message (SMS), including
the capitalization sequence, the number sequence, and the input language. The
Licensee shall receive the Right to Use the Additional Functions of the Game
only if they follow the relevant instructions and payment conditions. The
Licensor shall not be held liable for the Licensee following the payment
instructions incorrectly. Should be Licensee have any questions regarding the
rules and procedures of using payment systems to transfer money to the
Licensor’s settlement account, the Licensee must consult the companies that
operate these payment systems. The Licensor shall not give the Licensee any
comments on issues arising out of the rules and procedures of using payment systems;
nor shall the Licensor compensate the Licensee for any money that the Licensee
transferred through a payment system in order to use the service that involves
the exchange of money for the Virtual Currency to Use the Additional Functions of the Game, if
this transfer has been made in violation of the rules put in place by the
payment system, which, in turn, has resulted in the Licensor’s failure to
receive the payment.
10.7. The
Licensee shall be granted the Right to Use the Additional Functions of the Game
only if they pay for such Rights in full in compliance herewith. Furthermore,
the Licensor reserves the right not to grant such Rights to the Licensee, or to
grant them only in part, until the Licensor receives a confirmation that these
Rights have been paid for.
10.8. Should
the Licensee gain access to the Additional Functions of the Game without being
granted the Right to Use such Functions in a manner defined herein, as a result
of either a technical error or a Game malfunction or premeditated action on the
part of the Licensee, the Licensee shall undertake to inform the Licensor of
this occurrence and either compensate the Licensor for the Right to Use the
aforementioned Additional Functions, or eliminate any and all consequences of
their unauthorized use of the Additional Functions. The Licensor also has the
right to eliminate such consequences independently, without notifying the
Licensee (by removing the in-game valuables, decreasing the character’s level,
etc.).
10.9. The
Licensee must retain the documents confirming that they have paid for the
service involving the digital exchange of money for the Virtual Currency to Use the
Additional Functions of the Game throughout their entire participation in the
Game, and provide such documents, along with any information on the
circumstances surrounding the payment, to the Licensor upon request.
10.10. The
Licensee must take it upon themselves to monitor their personal in-Game
profile.
10.11. The
Licensor holds the exclusive right to distribute the Additional Functions of
the Game, which means that the Licensee must not treat any third-party offers
to grant the Right to Use or Access the Additional Functions of the Game as
legitimate offers coming from the Licensor.
Should the
Licensee encounter an unclear or questionable situation, or receive a
third-party offer related to purchasing the Rights to Use the Additional
Functions of the Game, or discover a relevant offer or announcement shared
online (excluding announcements shared via the Licensor’s Resources and
announcements shared on behalf of the Licensor), the Licensee must inform the
Licensor of the encounter immediately.
Should the
Licensee follow up on such an announcement and make a payment by using banking
details provided in such an announcement, in violation of this Agreement, the
Licensor shall not accept any complaints about the Licensee not having any
access to the Additional Functions of the Game; nor shall the Licensor
compensate the Licensee for the money spent under such circumstances.
10.12. Should
the Licensor discover that the Licensee is being given access to the Additional
Functions of the Game by third parties, the Licensor has the right, at their
sole discretion, to suspend, restrict, or block the Licensee’s access to
participation in the Game and/or to the Additional Functions of the Game.
10.13. The use
of the service that involves exchanging money for the Virtual Currency to Use the Additional Functions of
the Game shall not free the Licensee from the obligation to follow this Agreement
and the Game Rules; nor shall it make the Licensee exempt from any measures
provided for in this Agreement or in the Game Rules, including full or partial
restriction of access to the Game and its Additional Functions. In such cases,
the cost of the service that involves the exchange of money for Virtual Currency to Use the
Additional Functions of the Game shall not be refunded to the Licensee.
10.14. The
Licensee shall guarantee to the Licensor that they have been authorized to use
the selected payment method for purchasing the Additional Functions of the
Game, and that their use of this payment method does not violate the laws of HongKong and/or the
laws of any other country that the Licensee is citizen of, or the rights of
third parties. The Licensor shall not be held liable for any damage incurred by
third parties and/or other Licensees if the Licensee has used the means of
payment that they do not own.
10.15. The
Licensor shall not be held liable for any possible unlawful actions that the Licensee
may commit while paying for the Right to Use the Additional Functions of the
Game. The Licensor reserves the right to unilaterally suspend or block the
Licensee’s access to the Additional Functions of the Game if there is some
suspicion that the Licensee has committed an unlawful action, until the matter
is investigated.
10.16. If the
Licensor has reasons to believe that the Licensee is committing an unlawful or
fraudulent action in relation to paying for the Rights to Use the Additional
Functions of the Game, the Licensor may share the relevant information with the
law enforcement authorities so that they investigate the incident.
10.17. Below
are some specific requirements for purchasing the Right to Use the Additional
Functions of the Game with a bank card:
10.17.1. Bank
card transactions must be carried out by the card holder or their authorized
representative.
10.17.2. Bank
card transactions are subject to approval by the bank. If the bank has reason
to believe that the transaction is unlawful or fraudulent, it reserves the
right to decline the transaction. Fraudulent operations with a bank card are a
criminal offense.
10.17.3. The
Licensor may inspect some bank card payments to avoid fraud. The card holder
Licensee that has made a bank card payment must, upon request, provide the
Licensor with a copy of all the documents required to prove that the card has
been used within the law. Should the Licensee fail to provide the Licensor with
such documents within 14 days of the payment being processed, or should the
Licensor suspect that the documents may not be authentic, the Licensor may
suspend the Licensee’s access to the Game and the Additional Functions of the
Game until the matter is investigated.
10.18. The
Licensee shall be personally liable for all the expenses that may arise out of
transferring the money to the Licensor, including various charges and fees
collected by banks and payment system operators.
10.19. The
Licensee hereby agrees, understands, and accepts that the Game is not a game of
chance, gamble, contest, or bet. The use of the service involving the exchange
of money for the Virtual
Currency to Use the
Additional Functions of the Game is opted for by the Licensee by their own
volition and shall not constitute an obligatory requirement for participating
in the Game and in the process of playing the Game.
11. COMPENSATION
FOR TECHNICAL PROBLEMS
We maintain the platform and provides
comfortable access for players. However, sometimes technical problems
arise that cannot be prevented or prevented. Technical support strives to
help players who encounter technical errors as soon as possible.
If you encounter technical errors in the
game, due to which you have suffered losses, contact our technical
support. Please describe the problem in detail in your gamelication
and attach screenshots related to the technical error. Compensation claims
without supporting information will not be considered. Upon receipt of a
claim for compensation, technical support will review the request and make a
decision at its sole discretion.
Technical support reviews claims for compensation on a case-by-case basis, so
solutions or compensation for similar claims may differ. Except for
specialists from technical support, no one has the right to appeal the decision
on compensation or reimburse the loss of the player.
Technical support does not compensate for
losses if it is impossible to confirm that the error was caused by incorrect
operation of the game or server. Players must submit a claim for
compensation within seven days of the technical error
occurring. Applications sent later will not be considered.
Technical support does not compensate for
the losses indicated in the list (but not limited to this list):
·
If a player is requesting compensation for
theoretical losses or lost profits. Technical support will only compensate
for lost assets that were in the possession of the player;
·
If the losses are caused by technical
problems of the player's system (incorrect operation of the mobile device,
Internet connection, etc.) or a system owned by a third party;
·
If a player requests compensation for lost
profits due to the blocking of an account in our games that was blocked for
violations of the rules;
·
If the losses are caused by the inaction
of the player's mobile device.
Disciplinary
action has been taken against a player's account for duplicating compensation
claims and providing false information.
12. Territorial
Limits and Terms of the Agreement
12.1. The
Licensee may use the Game and the Additional Functions of the Game in any
manner provided for herein throughout the territories where the Game is
available, by engaging in the standard process of playing the Game and by using
the standard mobile device hardware and software within the functional scope of
the Licensor’s Resources.
12.2. This
Agreement shall come into force the moment the Licensee accepts its terms and
shall remain in force indefinitely.
12.3. This
Agreement shall remain in force unless:
12.3.1. the
Licensor makes a decision to alter the provisions hereof, to enter into a new
Agreement with the Licensees, to cease the maintenance of the Game or close
access to the Game, to terminate this Agreement with respect to the Licensee,
or to block the Licensee’s access to the Game.
12.3.2. the
Licensee makes a decision to stop using the Game and the Additional Functions
of the Game.
12.4. The
Licensor may, at any time and without prior notice to the Licensee, without
explaining their reasoning to the Licensee, and without compensating for any
possible losses and damages or refunding the money received hereunder,
terminate this Agreement unilaterally and extrajudicially, which shall
immediately render the Game inaccessible, including cases when:
12.4.1. the Game
gets shut down;
12.4.2. the
Licensee commits any, including first-time, violation of the provisions hereof
or the Game Rules.
12.5. The
Licensor may, at any time and without prior notice to the Licensee, without
explaining their reasoning to the Licensee, and without compensating for any
possible losses and damages or refunding the money received hereunder, shut
down the Game and suspend access to using the Game, including cases when the
Licensee commits any, including first-time, violation of the provisions hereof
or of the Game Rules.
12.6. The
Licensee may, at any time, without prior notice to the Licensor and without
explaining their reasoning to the Licensor, terminate this Agreement
unilaterally and extrajudicially by deleting their account.
12.7. The
Licensee hereby agrees and fully acknowledges that the Licensor holds all
exclusive rights to the localized (translated) Game, including in-Game
characters, objects and accessories, virtual currency, in-Game valuables,
graphic images, photographs, animations, videos, video clips, sound recordings,
sound effects, music, textual content, and any other elements of the Game,
unless explicitly stated otherwise in this Agreement, on the Game’s Website, or
within the Game itself.
12.8. The
Licensee shall hold no right to use any elements of the Game or its Additional
Functions outside of the Game and outside of the process of playing the Game,
without the Licensor’s express written permission.
12.9. The
Licensee understands, accepts, and agrees, that any element of the Game,
including any characters or Additional Functions, is an integral part of the
Game and is protected by copyright. Even though the Licensee is granted the
Right to Use the Game and the Additional Functions of the Game and is allowed
to control characters while engaging in the process of playing the Game and
participating in the Game, which includes leveling up the characters,
controlling or leveling up a character is not and must not, under any
circumstances, be viewed as a transfer and/or waiver of the exclusive right to
the relevant character by the Licensor in favor of the Licensee. Furthermore,
controlling or leveling up a character is not and must not be viewed as the
Licensee’s authorship and/or co-authorship with the Licensor with respect to
this character.
12.10. This
Agreement does not provide for any waivers of exclusive rights or the transfer
of the exclusive license to any element of the Game and/or any Game Resources
by the Licensor in favor of the Licensee.
12.11. The
Licensee must not use the Game if they are prohibited from playing online games
by the laws of their country, or if their access to such software is limited by
law in any other way (including age gates). In such cases, the Licensee shall
be personally liable for the consequences of their use of the Game in their
country in violation of the local law.
12.12. The
Licensor may change this Agreement without any prior notice. Any changes that
are unilaterally introduced by the Licensor hereto shall come into force on the
day after a notice of such changes is published on the Licensor’s Website. The
Licensee shall hereby undertake to personally check the Agreement for updates.
Failure to read the Agreement and/or the amended version of the Agreement shall
not serve the Licensee as justification for refusing to follow the obligations
hereunder and to comply with the restrictions set herein.
12.13. Should one
or several of the provisions hereof be deemed invalid by a final and binding
court judgment in accordance with an established procedure, this shall not
render the entirety of this Agreement invalid to either Party. Should one or
several of the provisions hereof be deemed invalid in accordance with an
established procedure, the Parties shall undertake to follow their obligations
hereunder in a manner that is as close as possible than what the Parties were
implying when entering and/or agreeing to alter this Agreement.
12.14. This
Agreement and the interactions of the Parties in relation hereto shall be
governed by the laws of HongKong.
12.15. The
format and methods of entering this Agreement fall under the provisions of the
laws of HongKong that regulate the format and methods of entering
an agreement by accepting a public offer.
12.16. Any
disputes between the Parties arising in relation hereto shall be settled by
correspondence and negotiations in an obligatory extrajudicial manner. Should
it prove impossible for the Parties to reach an agreement through negotiations
within 60 (sixty) calendar days of one of the Parties receiving a written
complaint from another, the dispute must be forwarded by either of the Parties
to a general court at the Licensor’s location (and excluded from the
jurisdiction of any other courts).