Latest update: June 4, 2024
Effective date: June 4, 2024
1. Terminology
1.1 This User Agreement (this "Agreement") is entered into by you and MADFUN GAME LIMITED (hereinafter referred to as "MADFUN" "we" "users") in respect of our online games, mobile games and applications, websites and any related services, content or products (collectively referred to as our "Games" "Services"). You agree that by accessing and/or playing our Games, you will be bound by this Agreement. If you belong to Juvenile according to applicable laws, please read this agreement with your parents or guardians (collectively referred to as "guardians") and pay special attention to the Juvenile Terms of Service. You can only enjoy the game services provided by us after your guardians agree to your use of the game services we provide, agree to pay us fees, and all the terms of this agreement. If you are Juvenile, we hope you and your parents can set reasonable entertainment time and cultivate healthy gaming habits.
In addition, when using our games, you should comply with any guidelines or rules applicable to such games that may be published from time to time. For the purposes of this Agreement, "you" and "your" refer to you as a user of the game. If you represent a company or other entity to use the game, "you" includes you and that entity, and you represent and warrant that you are the authorized representative of that entity and authorized to represent that entity to agree, sign, and comply with this Agreement.
The term "Affiliate Company" in this Agreement refers to any company, partnership, or other entity that directly or indirectly owns, is owned by, or jointly owns with such Party as a third party. The term "owned" and "owned" means owning more than fifty percent (50%) of the stock or other equity interest entitled to vote for directors or equivalent management bodies.
1.2 Before you enjoy the game services we provide, you must carefully read and fully understand all the terms of this Agreement. In particular, the terms that exempt or limit our liability (such terms usually contain the words "not responsible", "no obligation", "no guarantee", etc.), the terms that limit your rights (such terms usually contain the words "shall not", "shall not", "have no right", etc.), the terms of law application and dispute resolution. If you do not agree to any of the terms in this Agreement, please do not use the game services we provide. If you check or click "Agree", "Accept" or "Next", or if you register, start using/or continue to use our game services, it is deemed that you (including guardians) have read and agreed to sign all the terms of this agreement. You may not raise any form of defense for not reading/agreeing to the content of this agreement or similar reasons thereafter. By accessing and/or using this game, you agree to sign this agreement electronically and store records related to these terms in electronic form.
1.3 We may update this Agreement from time to time by posting the amended terms on our Games or website. It is your responsibility to review this Agreement at any time for any such updates. The updated Agreement is effective from the date of posting or the date set forth in the updated Agreement. Your continued use or access to our Games will be deemed as your acceptance of the updated Agreement.
If you are a US citizen or permanent resident, the arbitration clause and class action waiver contained in Section 13.2 apply to you. If you are a US citizen or permanent resident, by agreeing to this Agreement, you agree to (a) resolve all disputes related to the game between us through binding personal arbitration, which means you waive the right to submit these disputes to a judge or jury for resolution, and (b) waive the right to participate in class action, class arbitration, or representative litigation related to your use of the game. As described in Section 13.2, you may have the right to opt out of arbitration.
2 accounts
2.1 Depending on the laws of your country of residence, minor children may use accounts set up by their guardians. If you allow your minor child or legal ward (collectively, your "child") to use the Service Account, you hereby agree to this Agreement on behalf of yourself and your child, and you understand and agree that you will be responsible for all actions of your child using the Account, whether authorized by you or not. It is our policy not to collect personal information from persons who have not reached the minimum age required by applicable laws in their country of residence (e.g., such a minimum age is 13 years in the US) (the "Minimum Age"), and you may not provide us with personal information of any person who has not reached the minimum age Information for delivery or any other reason.
If we determine on our own that you belong to Juvenile under applicable local law based on the information provided during the registration process, you should read this Agreement with your guardian and obtain their consent before setting up an account and enjoying and purchasing our services.
2.2 The Service may be made available to you through a social networking site, through which you can access our games, but you must comply with the policies or terms of use/service of that social networking site, and you may use the user account of the website providing the Service. Alternatively, you may need to open an account directly with us by completing the registration process and providing true, accurate, up-to-date and complete information about yourself (referred to as "Registration Information"). You agree to timely update your registration information, which may include the latest email address. If you have multiple accounts on the social networking site, you cannot access our Service from multiple accounts. We reserve the right to suspend or terminate your current or future use of the Services if you provide any information that is untrue, inaccurate, non-current or incomplete, or if we have reasonable grounds to suspect that the foregoing exists. We also reserve the right to terminate your Account if it remains inactive for more than 180 days.
You are responsible for maintaining the confidentiality of your account info (including password and username) and are responsible for any and all activities that occur under your account. You are also responsible for any loss or damage caused to any other user or other party as a result of someone else using your account with or without your knowledge. You must immediately notify us of any unauthorized use or theft of your account or other breach of security. If someone else uses your account for activities that violate this Agreement or are otherwise inappropriate or illegal, your account may be terminated. You agree that you may not transfer your account or any of your rights or obligations under this Agreement to any person or share your account info with others without our prior consent. You may not use another person's account, password, username, or character, nor may you buy, sell, trade, lease, license, grant a security interest, transfer or gift, or allow any other person to use your account, password, username, character, virtual currency, virtual items (including virtual devices, points, rankings, or any other vehicle or platform appearing on, originating from, or related to our games). We are not responsible for any problems or conflicts caused by account sharing.
You may be asked to open an account directly with us, complete the registration process and provide truthful, accurate, up-to-date and complete information about you. Services may also be made available to you through your visits to social networking sites. Information collected from you is subject to social networking site policies. By accessing or using games, applications or events, you may grant social networking sites permission to share your email address and any other personally identifiable information with us.
You may not use passwords, usernames, or personas used by others; you may not use passwords, usernames, or personas that are indecent, libelous, defamatory, , threatening, invasive of privacy or publicity, abusive, illegal, or harassing; you may not use passwords, usernames, or personas that contain hate, bigotry, racism, pornography, or other objectionable expressions; you may not use passwords, usernames, or personas that violate any trademark or other proprietary right of another party, violate other rights of another party, or violate any law; you may not use passwords, usernames, or personas in any other way that violates these terms. You may not impersonate another person or user in an attempt to obtain passwords, other account info, or other private information, or collect or collect email addresses or other information.
2.3 You agree that, unless otherwise specified, when you make a purchase in the Game, the System will first deduct it from the balance of the Virtual Points (as defined below 3.3.8) that you have paid (the "Recharge Balance") or, if the Recharge Balance is insufficient, from the balance of the Virtual Points that you have earned for free. If neither payment method is available, your purchase will fail.
3. User behavior and content
3.1 When accessing our games, you must comply with the applicable laws of your jurisdiction. If any applicable law restricts or prohibits you from playing our games, you should comply with these restrictions or stop accessing or playing our games.
You are responsible for your interactions with other users in the game. While we reserve the right to monitor interactions between users of the game, we are under no obligation to do so, and we are not responsible for your interactions with our users, or for the actions or inactions of any user. If you have a dispute with one or more users, you hold us harmless from claims and damages (whether actual or indirect) of every type and nature arising from such disputes. By signing this disclaimer, you expressly waive any protections (whether statutory or otherwise) that would limit the coverage of this disclaimer.
You are legally responsible and obligated for all activities related to your use of the Services. You agree to comply with published forum guidelines and codes of conduct within the Games, Fan Pages and any of our official sites.
3.2 Users may otherwise send, upload, communicate, transmit, or provide information, information, data, software, sounds, photos, graphics, videos, tags, or other materials ("Content") through our Games. You are solely responsible for all Content sent through our Games, whether sent publicly or privately. In order to operate the Games, we must obtain certain rights permissions from your Content so that actions taken by us in operating the Games will not be considered a violation of the Law. By using the game and uploading your content, you license us to access, use, save, cache, store, copy, transmit, display, publish, distribute, and modify (for technical purposes, such as ensuring that the content is available on smartphones as well as computers and other designs) your content, but only for the license required to operate and provide the game, you agree that these rights and licenses are free of licensing fees, transferable, subletting, worldwide, irrevocable (as long as your content is stored with us), and we have the right to provide your content to third parties with whom we have a contractual relationship and transfer these rights to them only for the purpose of providing games, and if we determine that it is necessary to access or disclose your content to comply with our legal obligations We have the right to allow third parties to access or disclose your content in other ways. By publishing your content through our games, you represent and warrant that you have or have obtained all necessary rights, licenses, consents, licenses, powers and/or authorizations.
You agree that your content is completely original and that you exclusively own the rights to your content, including the right to grant the rights and licenses described in this Agreement, and that we will not have any obligation or liability to third parties for exercising the rights you grant. You are solely and fully responsible for your content. We do not pre-screen any content posted by anyone and we are not responsible for your content. We have no obligation to monitor or enforce any intellectual property rights that may be related to your content. You agree that you will only upload, distribute, transmit, publish or post content through our Services that does not infringe any third party's intellectual property rights; that the content will not be indecent, defamatory, , harmful, threatening, abusive, vulgar, harassing or otherwise objectionable, does not contain expressions of hatred, bigotry or racism, does not constitute or encourage a criminal offense, is not embarrassing, unwelcome or violates the privacy or publicity rights of others, or infringes the rights of any party or violates any law.
We are under no obligation to accept, display, review, monitor, distribute, store, maintain, or delete any content you submit or post. We reserve the right to refuse to publish, delete, or remove any content you post on our gaming and social platforms, online platforms at any time and for any reason, without notifying you. We may also move, reformat, edit, modify, or change any content without notifying you, without any responsibility.
Regarding such content, you agree to comply with applicable laws and the following provisions: you will not provide any illegal, harmful, threatening, abusive, harassing, infringing, defamatory, defamatory, vulgar, , defamatory, invasive of others' privacy, hatred, discrimination, pornography, sexually explicit or other content; you will not provide any content that contains viruses, damaged data or other harmful, destructive or destructive files; you will not provide content that violates any legal obligations to third parties, such as contractual obligations or confidentiality obligations; you may not copy, transmit, sell, use or exploit our services (including servers used for internet cafes, computer game centers, online games on the Internet, game networks, or connected to unauthorized Simulation Game experiences); you may not use our service lines Sell, market, or promote any goods, services, websites, pyramid schemes, or other multi-level marketing programs; do not solicit funds or goods; or solicit anyone to join or become a user of any other website or organization; you may not publish information for any other purpose except as an individual user's personal communication, including advertising or promotional information, chain letters, surveys, contests, chain letters, spam emails, junk emails, other unsolicited information, or other commercial activities; you may not buy, sell, trade, short-term or long-term lease, license, grant security interests, transfer or allow anyone else to use or access your account, password, username, character, virtual currency, or virtual item, whether for the exchange of real currency or items with monetary value; you also may not provide, advertise, market or promote any of the above content. You will not provide any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; you will not provide content that contains copyright or other proprietary rights unless you obtain the necessary permission or have the legal right to publish materials and grant us the above permission; you will not provide any content that we consider objectionable or that hinders others from using or enjoying the game, or that may cause us or its users any form of damage or liability; you will not impersonate others or users for any purpose, create false identities, deceive, defraud, or mislead us or any user, including misleading others to attempt to access accounts, usernames, passwords, characters, virtual currencies, or virtual items, or any personal information of users You will not create an account with false, inaccurate, non-current, or incomplete information; you will not use our support services improperly, or submit false reports of abuse or misconduct; you will not disguise or mislead anyone about the source of the content or other information you submit, or use tools (such as anonymous proxies) with anonymous Internet protocol addresses to access our services; you will not collect, collect, harvest (automatically or otherwise), disclose, disclose, or use other accounts, usernames, passwords, roles, virtual currencies, or virtual items, or any personal information of other individuals, including addresses, phone numbers, email addresses, credit card numbers, or any information that can be used to track, contact, or impersonate individuals Information.
3.3 By playing our game, you agree that you will not:
3.3.1 copy, duplicate, copy, sell, resell or exploit any part of our Games for any commercial purpose other than necessary backups for the Games;
3.3.2 use our Games in violation of any law, regulation, decree, order, prohibition, or any other mandatory restriction imposed by any branch of government (including legislative, executive, and judicial authorities);
3.3.3 use deception, automation software (bots), hackers, game modules or any other unauthorized third-party software intended to modify any part of the game, collect game or game-related information, including but not limited to Simulation Game user operations, changing operating environments, modifying data to disrupt the gaming experience of other users, including but not limited to script programs (bots), plugins, button wizard software or third-party tools (such as multi-function under emulator, synchronizer, record macro, keyboard mapping, cloud phone, etc.), cheat or use, launch, develop or distribute any crawler, "bot", "macro" or other "cheat tool" software program or application intended to cheat, illegally invade, crack, interfere with, destroy or modify the service The expected operation and experience of uploading, spreading, or transmitting viruses, Trojan horses, worms, time bombs, spyware, adware, cleaning programs, corrupted files or data, or any other similar intrusive software or programs designed to damage, interrupt, destroy, or limit functionality or disrupt the operation of the service, any software, hardware, telecommunications, network, server, or other equipment, or other users' computers, or initiate any unauthorized scripts or other software that interfere with or circumvent any security features of the service, or restrict or perform any functions that restrict the use or access to the service.
3.3.4 use our Games for any purpose other than that which a reasonable person may believe is consistent with the spirit of the Games, particularly including but not limited to commercial purposes;
3.3.5 store or intercept, simulate or Retargeting proprietary Communication Protocols used by our Services, regardless of the method used, including protocol emulation and reverse engineering, or create derivative works of our Services in whole or in part. Copy, duplicate, translate, reverse engineer, modify, disassemble, discompile, or attempt to discover any software (source code or object code) related to our Services;
3.3.6 remove or modify any patent notices, copyright notices or other intellectual property information in our Games;
3.3.7 collect any information from other users other than that reasonably necessary to play the game;
3.3.8 Unless otherwise specified, transfer virtual currency ("Virtual Points"), or items or services used in our games ("Virtual Items") in any way, including but not limited to attempting to trade virtual points and/or virtual items in our games with real currency/real items through any third-party platform, or attempting to provide intermediary, intermediary or agency services for such transactions inside or outside our games (collectively, "RMT"), including but not limited to junk email, disseminating RMT advertisements through any means, and conducting RMT through any in-game features, etc.
3.3.9 modify, damage, disrupt, alter, or interfere with the use, features, functionality, operation, or maintenance of our Services, including adding unauthorized components or modifying the online gaming experience, restricting, interfering with, destroying, or prohibiting any other user from using or enjoying the Services, such as repeatedly posting the same message or too many posts in a chat room ("flooding"), repeatedly pressing the enter key in a chat room to disrupt the process, entering images that are too large to make the screen too fast to read, using too many "shouts" (all caps) or "spamming electronic messages", setting up or otherwise imposing editorial comments, commercial materials, or any information in the game, or overwriting, removing, erasing, blurring, or obscuring any notices, banners, advertisements, ownership statements, or Labels, or any part of the game.
3.3.10 use any third party software or other means to intercept, mine or otherwise collect information from the Game;
3.3.11 sell, license, distribute, reproduce, modify, publicly perform or display, transmit, publish, edit, adapt or create derivative works from any element of our Game or otherwise use any Game Content in an unauthorized manner;
3.3.12 use our Games in any other manner not permitted by this Agreement or any published guidelines or rules.
3.4 Infringement notice
If you believe that any text, graphics, photos, audio, video, or other material or work that you upload, download, or appear in the game has been copied and constitutes copyright infringement, you may submit a written notice to our copyright agent, providing the following information:
3.4.1 Identification of copyrighted works claimed to have been infringed;
3.4.2 identify the allegedly infringing material requested to be removed, including a description of its location on the game;
3.4.3 the information our copyright agents need to contact you, such as address, telephone number and email address;
3.4.4 represents that you have good reason to believe that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
3.4.5 declare that the above information is accurate, you are the copyright owner or authorized person acting on behalf of the copyright owner, otherwise you will be liable for perjury or other legal liability;
3.4.6 physical or electronic signature of the authorized representative of the alleged infringed right holder.
Notification of copyright infringement claims should be sent by post to MADFUN, UNIT 12, 19/F TOWER B SOUTHMARK 11 YIP HING ST WONG CHUK HANG HONG KONG, or by email to overseamkt@aobi.com; or by submitting to our agent, contact details overseamkt@aobi.com. It is our policy, in appropriate circumstances, to disable or terminate the account of a user who repeatedly infringes the copyright or intellectual property rights of others in our sole discretion.
Game users who upload or post materials deemed to be infringing may provide a counter-notification under sections 512 (g) (2) and (3) of the DMCA. When we receive a counter-notification, we may, at our discretion, restore the relevant posts or materials. To submit a counter-notification to us, you must provide a written communication (via fax or regular mail or email) listing all materials required by sections 512 (g) (2) and (3) of the DMCA. Please note that if you seriously misrepresent the content/behavior to demonstrate that it does not infringe on the copyright of others, you will be liable for damages.
4 visits
4.1 You are responsible for obtaining and maintaining the equipment required to play our games, including but not limited to mobile phones and game mats, as well as equipment fees, including but not limited to internet fees, data fees, and electricity fees. You acknowledge that these fees have been paid to third parties unrelated to this agreement, so the company is not responsible for any liability under this agreement.
4.2 You understand that due to the special nature of online games, we may update our games from time to time, which may prevent you from accessing the game for a period of time and result in modifications to the game content. Except for losses caused by our intentional or gross negligence, we are not responsible for any losses caused by these updates. Unless there is an emergency, we will notify you in advance of the update.
4.3 When our game is in the "beta period" or "beta version" or similar situations, your access to our game may be restricted by specific rules, such as limiting the time or number of users accessing the game, the privileges of some users accessing the game, and we reserve the right to modify or delete user game data and the right to shut down the game server from time to time. Please read these rules carefully. We greatly appreciate your cooperation and feedback on our beta game.
5 Disclaimer
5.1 While we strive to provide accurate and reliable services for our Games, you expressly understand and acknowledge that our Games and related services and information are provided on an "AS IS" basis. Without prejudice to the foregoing, to the fullest extent permitted by applicable law, we, our Parent, Affiliates, Related Companies, Directors, Employees, Agents, Representatives, Partners and Licensors ("MADFUN Entities") disclaim any warranties of any kind, express or implied, including, but not limited to, warranties of Terms, Uninterrupted Use, Merchantability, Particular Purpose, Non-Infringement, Accuracy, Reliability and BUG/Error/Defect. We disclaim any responsibility or warranty for (a) the completeness, accuracy, availability, timeliness, security, or reliability of the game; (b) any damage, data loss, or other damage to your computer system caused by your access to or use of the game; (c) operation or compatibility with any other application or any particular system or device; and (d) whether the game meets your requirements or is provided on an uninterrupted, secure, or error-free basis.
5.2 Without prejudice to the obligations expressly set forth in this Agreement and not prohibited by applicable law, you expressly understand and agree that MADFUN Entity shall not be liable for any indirect, incidental, special, punitive damages, including but not limited to profits, goodwill, use, data or other intangible losses: (I) use or inability to use our games and/or related services; (II) procurement costs of substitute goods and services and/or related services resulting from the purchase or acquisition of any goods, data, information or services, or the receipt or transaction of information; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or actions of any third party in our games and/or related services; or (V) related to our games and/or services Any other matter. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. In no event shall the entity's total liability, whether in contract, tort, strict liability or otherwise, exceed the total costs paid to us by you within ninety (90) days prior to such claim.
5.3 Your use of the Services is conditional upon your continued full compliance with this Agreement. Any use of the Services in breach of this Agreement shall be deemed an infringement of our or its affiliates' intellectual property or other rights in the Services. We reserve the right to change, modify, limit the Services or their functionality at any time, with or without notice to you, and we shall not be liable for such.
If you violate this Agreement, we reserve the right to terminate your access to and use of the Service without notice to you. We also reserve the right to temporarily or permanently discontinue the Service, any part of the Service, or our website at any time, with or without notice to you, and we shall not be liable for this. In such a case, you must immediately and permanently destroy all copies of our software in your possession and remove our software from your mobile end or hard drive. In this case, you will lose the Right of access to your account, password, username, and character, and you will waive all related rights, including but not limited to virtual currency, virtual items (including virtual devices, points, rankings, or any other digital items that appear in the game, originate from the game, or are related to the game). You agree that this agreement will remain valid after our service or your account is terminated for any reason.
5.4 The game may include hyperlinkes of websites operated by third parties, including sponsors, advertisers, and content providers. These websites may collect data or request personal information from you. Any website links are provided to you for convenience only. We make no representations or warranties, nor endorse any content, goods, or services provided by such third-party websites, whether or not they are sponsors. We do not control these websites and are not responsible for the collection, use, or disclosure of the content, related goods, services, Privacy Policy, or any information collected by these websites.
5.5 We reserve the right to terminate or suspend your account or your access to any Services at any time (including but not limited to when you breach this Agreement) for any reason. We may issue a warning to you, or we may choose to terminate any of your accounts immediately, at our discretion. You have been advised that we are not required to give you notice before terminating your account. If we terminate your account, you will lose your Right of access to your account, password, username, character, and you will be forfeited all related rights, including but not limited to virtual currency, virtual items (including virtual devices, points, rankings, or any other digital items that appear in the game, originate from the game, or are related to the game). You agree that this Agreement shall remain in effect after your account is terminated for any reason.
5.6 To the fullest extent permitted by applicable law, you acknowledge and agree that your sole remedy for any dispute between you and us, our affiliates, sponsors, partners, content providers, distributors, licensees or licensors and other parties in connection with our Services or the Game, as well as their respective shareowners, members, partners, parent companies, officers, directors, employees, agents and attorneys, is to cease using the Service and cancel your account. You acknowledge and agree that to the fullest extent permitted by law, we shall not be liable for any act or omission of them or any other person in connection with their conduct, communications or content on the Service or in connection with their use of the Game. This disclaimer applies to any damages or injuries in any jurisdiction arising out of or in connection with the use or inability to use the Services, including, without limitation, lawsuits for breach of warranty, breach of contract, or tort. Nor shall we be liable to you or any other person for any direct, indirect, incidental, punitive, special, exemplary, or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic benefit), however arising, whether in breach of contract or tort, even if they have been advised of the possibility of such damages, and even if the remedies set forth herein fail to achieve their essential purpose.
5.7 You further acknowledge that we are not responsible for the actions of third parties, and you agree not to hold us responsible for the actions of third parties, including other users of the service, social networking sites, or operators of our various game versions. The risk of our services and third-party websites, as well as the risk of harm mentioned above, is entirely borne by you, including any damage or loss caused by the following reasons: (a) loss or inability to use the services for any reason, including computer malfunctions, dysfunctions, errors, defects, operational or transmission delays; (b) loss or damage to accounts, user account info and other data, virtual currency or virtual items; (c) theft or destruction of any content, information or other materials presented in the game or unauthorized access, modification; (d) accuracy, completeness, reliability, timeliness or validity of any content, information or other materials presented in the game; or (e) interruption of services for any reason, including any network or telecommunications line, computer online system, Network congestion of servers or suppliers, computer equipment or software, games, the Internet or any other website, or any other event that may cause data loss or service interruption; and (f) any virus, corrupted file or program, worm, Trojan horse or other code or other harmful components with polluting or destructive effects.
6. Breach of contract and compensation
6.1 If we reasonably discover that you have violated this Agreement or any published guidelines or rules, or we reasonably discover suspicious activity on your account, we may take appropriate action, including but not limited to: (i) deleting any relevant content; (ii) restoring the status quo ante; (iii) restricting your access to the game/your account; (iv) terminating your right to use our games; (v) taking legal action against you or disclosing relevant information to judicial or law enforcement authorities; (vi) any other action specified in any published guidelines and rules.
6.2 You will indemnify and hold MADFUN Entity harmless from any third party claim or solicitation of any losses, damages, liabilities, costs and expenses relating to or arising out of the relationship between you and us as described in this Agreement, including without limitation any breach of this Agreement and breach of any rights of any third party. You hereby agree that we shall have the right to control the legal defence of any such claim, demand or action, including the choice of our attorneys, and the right to compromise or settle any such claim, demand or action.
6.3 You agree to defend, indemnify and hold us harmless from and against any claims, liabilities, losses, injuries, damages, costs or expenses, including attorneys' fees, arising from or resulting from your access to or use of the Services; your breach or suspected breach of any term, condition, obligation, representation or warranty of this Agreement; any content posted, transmitted or made available by you or on your behalf; your infringement of the intellectual property or other legal rights of any third party; and your unlawful or improper use of your Account.
6.4 Notwithstanding any statute or law to the contrary, you agree that you will not bring any legal action against us arising out of or in connection with your access to or use of our Services or in relation to this Agreement, the Privacy Policy or any related matter after one year from the date on which the factual grounds on which your legal action is based have arisen.
6.5 You acknowledge and agree that the rights granted to you by this Agreement and your obligations to us are unique and irreplaceable in nature, and the loss of these rights will cause irreparable damage to us and cannot be compensated solely by money. You agree that in the event of your breach or anticipated breach, we are entitled to injunctive or other equitable remedies (without the obligation to provide any bond or guarantor). You irrevocably waive all rights to seek injunctive or other equitable remedies and agree to limit your claim to monetary damages only.
7 Intellectual Property Rights
7.1 Our trademarks and/or service marks, other marks, names and logos used in the Games are trademarks, service marks or logos of their respective owners. You are not granted any rights or licenses in respect of any of the above trademarks, service marks or logos.
7.2 We and our affiliates are the sole and exclusive owners of all rights and interests in the Services, including but not limited to copyrights, patents, trademarks and other intellectual property rights. The Services include, but are not limited to, all games, programs, tools, source code, object code, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documents, instructions and other materials, designs, text, data, sounds, photographs, audio clips, audiovisual content, videos, artworks, graphics, logos, names, button identifiers, media, accessories and equipment images, user accounts, passwords, virtual currencies, virtual items, concepts, technologies, architectures, logic, structure, sequence, organization, themes, symbols, operating methods and other materials, all of which are protected by international copyright law. Without our prior written consent, no one or organization may copy, modify, distribute, transmit, display, perform, rent, alter, store for future use, or republish or use in any way. Any use of materials appearing on our service without the express authorization of this agreement is an infringement of copyright, trademark, and other applicable laws and may result in criminal or civil proceedings.
Except for the limited right to access and use the Services, we do not grant or transfer any rights to you, including rights to any virtual currency, virtual items (including but not limited to virtual devices, points, rankings, or any other digital items appearing in the Game, originating from the Game or related to the Game) or appearing in the Service or the Game, originating from the Game or related to the Game of any nature. No ownership or intellectual property rights of any kind are transferred or transferred to you in the process of downloading materials from the Game or uploading materials to the Game through your access or use of our Services, or purchasing any virtual items.
The Game and all data, content and software related to or generated including, but not limited to, any virtual goods and virtual points (collectively, our "Works") may be protected by copyright law, trademark law, patent law, trade secret law and/or other laws, and we reserve all rights (including, but not limited to, intellectual property and title) in our Works. Subject to the terms and conditions of this Agreement and any applicable guidelines or rules, we hereby grant you a limited, revocable, non-sublicensable, non-exclusive license to use and reproduce our Works solely for personal use purposes in connection with our Games and to download a single copy of any mobile or computer application or other software provided to you in connection with the Games. You may download and install the Software to one or more endpoints that you own or legally control for your non-commercial personal entertainment use only, which must include the copyright and trademark notices required by this Agreement. Except as expressly provided herein, you may not otherwise reproduce (other than incidental reproduction required to run the Game on your device), distribute, transmit, make available to the public, adapt, publicly perform or publicly display our Works, any element within the Works (including, without limitation, software, text, sound, pictures, video, diagrams, interface designs, layout frames, source code, related data or electronic documentation) or any adaptation thereof. If you violate this Agreement, the license granted in this Agreement will automatically terminate. If the works in our game indicate a usage period or maximum fee, in this case, if the usage period expires or the maximum fee is reached, your license to use the work will be terminated. You may pay for certain works (such as some virtual points and virtual goods) licenses, and you agree that such payments are final and non-refundable, unless otherwise provided by applicable law. Some services may be subject to licensing restrictions from certain third parties. Please carefully read the third party's Licensing Agreement and ensure that you comply with the requirements specified in the agreement when using certain services.
7.3 Unless otherwise provided and permitted by applicable law, when you purchase, acquire, or otherwise acquire Virtual Points and/or Virtual Goods, you will be granted a personal, revocable, non-transferable, non-exclusive, limited license to use them in the Applicable Games for your personal, non-commercial use. When we cease to provide the Applicable Games, your account is closed, or this Agreement terminates, any license granted to you under this Agreement for Virtual Points and Virtual Goods will terminate, and all of your Virtual Goods and Virtual Currency will be immediately forfeited. You agree that Virtual Points and Virtual Goods have no monetary value in the Applicable Games beyond their intended use and may not be sold, sublicensed, traded, transferred, gifted, or exchanged for money or other consideration. Virtual points and virtual goods cannot be used as a substitute currency or medium of exchange. You are not allowed to transfer or trade virtual points or virtual goods outside the game. We may establish certain conditions or restrictions related to virtual points, including the maximum amount of virtual points you can purchase per transaction or per day, the maximum balance that can be credited to your account, and setting virtual point limits in the single games we provide. Any virtual point balance displayed in your account does not constitute a real-world balance and does not reflect any stored value.
We have the absolute right to manage, control, modify, adjust, and eliminate any virtual currency, virtual goods, and any other attributes related to the use of our services, with or without notice to you, and we are not liable to you or anyone else. You have a limited, personal, revocable, non-transferable, non-sublicensable license to use the virtual goods and virtual currency of our services. However, you have no rights or ownership of any virtual currency, virtual goods, or any other attributes related to the use of our services.
You grant us and our affiliates an unrestricted, unconditional, unlimited, worldwide, irrevocable, sublicensable, transferable, perpetual, fully paid for, and/or royalty free right and license to store, use, copy, distribute, reproduce, disclose, sell, resell, transfer, sublicense, display, perform, transmit, publish, broadcast, modify, create derivative works, rename, rearrange, translate, archive, store, cache, use, practice, or otherwise for any purpose, in any and all formats, on any website or other media, software, program, technology, or device now known or later developed, and on our, our sponsorship In any advertising, marketing, or promotional materials produced by merchants or affiliated companies, use all or any part of the content you publish. To the fullest extent permitted by law, you waive any personal or privacy rights you may have over your content.
If for any reason, under applicable law, you are deemed to retain any right, title or interest in any portion of your Content, you agree to herewith transfer to us, in perpetuity and without additional compensation, the right, title and interest in your Content under applicable patent, copyright, trade secret, trademark and other similar laws or rights.
Subject to your acceptance and full compliance with this Agreement, we grant you a limited revocable license to post your own virtual game character image or any other content specifically authorized by us on other websites (including your own personal website), provided that the website complies with all applicable laws, the website has not obtained any other rights regarding the content except for the non-exclusive license to post the above content as instructed by you, and you and the website shall not infringe the rights of third parties in any way. The website shall not compete with our services, our sponsors or affiliates and their products, services or websites. The content you post on the website must not contain any criticism, ridicule, or derogation in any way, must not charge for access to such content, must not publish, distribute, disseminate, or promote any content that infringes our or any third-party intellectual property rights, must not contain indecent, defamatory, defamatory, , harmful, threatening, abusive, vulgar, harassing, pornographic, or other offensive or objectionable content, must not contain expressions of hatred, bigotry, or racism, must not contain content that constitutes or encourages criminal offenses, is embarrassing, unwelcome, or violates the privacy or publicity rights of others, violates the rights of any party, or violates any law.
8. Privacy rights
8.1 By playing our games, you can provide us with the following information:
8.1.1 login information used to identify specific users of the game, which may include game accounts or accounts of any third-party platform that logs in to the game. When you register for a game account, we will clearly indicate the information to be provided (including but not limited to email address). If any third-party platform account is used to log in to the game, your information will be collected in accordance with the Privacy Policy of that third-party platform.
8.1.2 non-personally identifiable information formed or provided during your use of our games or any related services, such as your game duration, device, IP Address and operating system, to improve your experience in our games.
8.1.3 your interactions with us, including but not limited to content, claims, critics, suggestions, feedback and surveys, and the information you provide to us in the course of your interactions.
8.2 You may provide us with the above information in the following circumstances: (1) register for an account; (2) update your account; (3) request technical service support; (4) purchase products or services; (5) register, subscribe to orders; (6) subscribe to newsletters or updates; (7) pay for some items and advanced features in our games or any related services; or (8) participate in gift-giving activities.
8.3 We will collect, process and use your information in accordance with this Agreement and our published Privacy Policy. Your continued use of our games will be deemed as your acceptance of our acquisition, use and use of your information in accordance with this Agreement and such Privacy Policy.
8.4 The information collected under this provision is only used for: (1) providing our games to users; (2) enhancing the User Experience; (3) identifying the most popular parts of our games and evaluating our marketing plans; (4) notifying users of game updates; (5) other purposes specified in our Privacy Policy, other policies, agreements, our guidelines or rules between us and you.
8.5 Information collected under this provision will be disclosed to designated third parties only in the following circumstances:
8.5.1 our affiliates or subcontractors may be entrusted to process such information for the purposes described above, provided that such affiliates or subcontractors comply with the terms and conditions set forth herein.
8.5.2 We may also disclose this information (i) at your request; (ii) for regulatory requirements, judicial proceedings, court orders or legal proceedings to be undertaken or completed; or (iii) to protect your safety, health, rights or property, others, the public or ourselves.
8.5.3 as set forth in our Privacy Policy, other policies, agreements, our guidelines or rules with you.
8.6 We will manage the information you provide safely and reasonably, and comply with applicable laws and regulations. For more information about our Privacy Policy, please refer to our Privacy Policy.
8.7 Our games may contain links to many other websites or applications, and users should carefully read the corresponding Privacy Policy when accessing these websites or applications. We will not be responsible for the behavior of these websites or applications.
9 Payment
9.1 Payment
The Game may allow you to purchase certain other products or services ("Products"), and you may be required to pay for certain services, including the exchange of virtual currency, the purchase of virtual items, and upgrades. You must have a valid account to pay for and use these services. You are responsible for all fees and usage on your account, including applicable taxes, including all purchases made by you or anyone using your account. You may pay using the available methods arranged for the specific service, which may include credit cards, debit cards, PayPal, or other similar accounts, and you agree to the relevant terms and conditions that apply to each payment method you choose. When you provide credit card or other payment information, you represent that you are an authorized user of that credit card or other payment method. You must provide current, complete, and accurate information for your payment account. You must timely update all information to keep your billing account current, complete, and accurate (e.g., changes in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is cancelled, lost, or stolen. We may use third-party credit card renewal services to obtain the latest expiration date for the credit card you have provided. Customers who use payment methods other than credit cards may incur additional payment processing fees. You acknowledge and agree that all information you provide about the purchase of products, including credit card or other payment information (if applicable), is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including but not limited to any credit card you provide at the time of completing the transaction. If you are Juvenile, you should ensure that your payment has been approved by your guardian in advance. We reserve the right to do so, with or without prior notice, and we have the sole right to decide: (a) stop, modify or limit the quantity or any products and services available, and (b) refuse to allow any user to purchase any products and services. When you purchase products and services, you (a) agree to pay the price of the products and services specified in the applicable game, as well as all other applicable fees and taxes related to your purchase ("full purchase amount") and (b) authorize us and/or our Payment Processor to charge your credit card or other payment method for the full purchase amount. Payment can be made by credit card, debit card, or other methods we may provide. Orders will not be processed until full payment is received, and any suspension of your account by any payment processor is your sole responsibility.
9.2 No refund
No refunds will be given for any products or services. We are not responsible to you or any third party for any claims or damages that may arise from any transactions you make through the game.
9.3 Promotion Code
We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promo Codes") that can be redeemed for discounts on future products or services or other features or offers related to the Game, subject to any additional terms we establish. You agree that these promo codes: (a) must be used in a lawful manner; (b) must be used for a pre-set audience and purpose; (c) may not be copied, sold, given away or transferred in any way, or made available by you to the public (whether posted on a public forum, coupon collection service or otherwise), unless expressly permitted by us in advance; (d) we may disable or add additional conditions to some of the uses at any time for any reason, without any liability to us; (e) may only be used under the specific terms we have established for such promo codes; (f) cannot be redeemed for cash, points or credits; and (g) may expire before you can use them, rendering them unusable.
10 applications
10.1 Use of the application
You are responsible for providing mobile devices, Wi-Fi service plans, software, internet connectivity, and/or other equipment, software, and other accessories that you need to download, install, and use our games (the "App"). We do not guarantee that the App can be accessed and used on any particular device or any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the game, in order to update the sending status, you may receive push notifications, local Client notifications, text messages, picture messages, reminders, emails, or other messages of the type of App sent directly to you ("Push Messages"). You acknowledge that when you use the App, your wireless service provider may charge you for data, text messages, and/or other wireless access, including fees related to push messages. You can control the settings for push messages and can choose to enter or exit these push messages through the operating system of your game or mobile device (except for rare and important service announcements and administrative messages that may occur). Please contact your wireless service provider to determine the cost of accessing and using the App, including the cost of receiving push messages from us. You are solely responsible for any fees or charges incurred in downloading, installing, and/or using the App on your mobile device, including the cost of receiving push messages from us.
10.2 Mobile software from the Apple App Store
The following terms and conditions apply only to your use of applications from the Apple App Store. If other terms and conditions of this Agreement are less restrictive than or conflict with these terms and conditions, the more restrictive or conflicting terms and conditions in this paragraph shall apply, but only to the extent that you use applications from the Apple App Store. You acknowledge and agree that this Agreement is entered into only by you and us, not by Apple, and that Apple has no responsibility for the application or its content. Your use of the application must comply with the Terms of Service of the Apple App Store. You acknowledge that Apple has no obligation to provide any maintenance and support services related to our application. If the App does not comply with any applicable warranty, you may notify Apple, and if so, Apple will decide whether to refund the App's purchase price to you in accordance with its rules. To the fullest extent permitted by applicable law, Apple will not be liable for any other warranty obligations with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses arising from any failure to comply with any warranty will be fully governed by this Agreement. You and we acknowledge that Apple will not be responsible for resolving any claims by you or any third party regarding the App or possession and/or use of the App, including but not limited to: (a) product liability claims, (b) any claims regarding the App's non-compliance with any applicable legal or regulatory requirements, and (c) claims under consumer protection laws or similar laws. You and we acknowledge that in the event of any third party claiming that the App or your possession and use of the App infringes the intellectual property rights of that third party, to the extent agreed upon and required by this Agreement, we (and not Apple) will be solely responsible for the investigation, defense, settlement and enforcement of any such intellectual property infringement claim. In using the App, you must comply with the terms of the applicable third party agreement. You and we acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this Agreement as they are related to your use of the App; and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted that right) to enforce this Agreement against you as a third party beneficiary.
11. Applicable law and place of trial
Unless otherwise provided by applicable law, this Agreement shall be governed by Hong Kong law as a fully performed, negotiated and enforced agreement, without regard to Hong Kong's conflict of laws rules. Any dispute related to your use of this game or this Agreement or arising from your use of this game or this Agreement shall be arbitrated by the China International Economic and Trade Arbitration Commission ("CIETAC") Hong Kong Arbitration Center. You hereby agree to the personal jurisdiction and place of arbitration of the China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center.
We do not represent that our services are or will be appropriate or available in any region. Anyone accessing or using our services outside of Hong Kong does so at their own risk and is responsible for complying with any applicable federal, state, local, or international laws, regulations, ordinances, or treaties.
You and we agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the interpretation or enforcement of this Agreement.
12 other
12.1 Transfer
You agree that, upon prior notice to you, we may transfer all or part of our rights or obligations under this Agreement to a third party, but you may not transfer them without our prior written consent.
12.2 Complete Agreement
This Agreement is the entire agreement that sets forth our rights and obligations with you, and supersedes any prior or contemporaneous agreements, understandings or negotiations that may exist between us and you.
12.3 Separability
If (but only limited to) any provision of this Agreement is declared or deemed illegal, unenforceable, or invalid, both you and we shall be exempt from all obligations arising from that provision and shall not affect the validity of the other provisions of this Agreement. This Agreement shall be deemed to retain its intention and be revised to make it legal and enforceable by modifying the provisions to the extent necessary to ensure the fulfillment of the original intent. If this is not possible, another legal and enforceable provision that achieves the same purpose shall be applied instead. If the remaining parts of this Agreement are not affected and can be substantially performed, the remaining parts shall be enforced to the extent permitted by law.
12.4 Give up our rights
Our failure to enforce any provision of this Agreement at any time or within any time shall not be construed as a waiver of such provision or our right to enforce such provision thereafter. Any waiver of any provision or condition of this Agreement is invalid and not legally binding unless expressly provided to the contrary in written documents and duly signed by us.
12.5 Export Control
Our Apps may be subject to export controls in the US or other jurisdictions. You represent and warrant that you are not in and will not export to any person or place the Software prohibited under applicable laws in the US or any other jurisdiction. You agree to comply with all applicable export control laws and that you will not transfer the Software or any Content restricted by such laws to any person or destination prohibited by such laws, by electronic transmission or otherwise, without obtaining any necessary governmental authorization. You also agree that you will not upload to the Service Games any content, data or software that is not exportable, including but not limited to certain types of encryption software, without prior written authorization from the government.
12.6 Contact us
If you have any further questions about this Agreement, please contact us using the contact information below or the contact details listed on the official website of the game.
MADFUN GAME LIMITED
UNIT 12,19/F TOWER B SOUTHMARK 11 YIP HING ST WONG CHUK HANG HONG KONG
741 663 249 838
13 regional provisions
13.1 Regional Terms
If you are a citizen or habitual resident of the applicable country or region described below, you agree to the following modifications to this Agreement.
13.2 The United States of America
If you are a US citizen or habitual resident, this Section 13.2 applies to your use of the Game and covers any provision of this Agreement that conflicts with this Agreement, including Section 11.
(A) Priority is given to informal processes
You agree that if any dispute arises between you and us, you will first contact us and make sincere and sustained efforts to resolve the dispute with us before resorting to more formal means of resolution (including but not limited to any court proceedings).
(B) Arbitration agreement
Following an informal dispute resolution process, any remaining disputes, controversies or claims relating to your use of our Services and/or Products (collectively, the "Claims") will be resolved by arbitration, including the question of the arbitrability of the Claims. You and we agree that any Claims will be subject to final and binding arbitration by JAMS in accordance with its consolidated Arbitration Rules and Procedures and JAMS Consumer Minimum Standards (collectively, the "JAMS Rules"), which will then become effective (these Rules are deemed to be incorporated by reference into this section and are effective as of the date of this Agreement). The arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. A judgment on an arbitral award may be made in any court of competent jurisdiction. You have the right to arbitrate by phone, or in your home area (if you live in the US) or other location that is reasonably convenient for you.
(C) Waiver of class actions and collective arbitration
You and we agree that each party may only bring a claim against the other party in its individual capacity and may not act as a plaintiff or member of a class action in any so-called class or representative action, including, but not limited to, a federal or state class action or class arbitration. Accordingly, pursuant to the arbitration procedures described in this section, the arbitrator may not consolidate or consolidate the claims of more than one party without the written consent of all affected parties in the arbitration proceedings. You and we agree that the dispute shall not be settled in class arbitration without the written consent of all affected parties.
(D) Arbitration costs
Any and all reasonable JAMS application fees, administrative fees, and arbitrator fees will be paid in accordance with JAMS rules. However, you will still be responsible for all additional costs incurred during the arbitration process, including but not limited to the fees of lawyers or experts and witnesses.
(E) Opt out of the arbitration clause
You have the right to opt out of the arbitration clause by sending us a written notice by sending us an email, without being bound by the arbitration clause set forth in this Agreement. The notice must be sent to our email address within thirty (30) days after you register to use the game or agree to this Agreement (or within thirty (30) days after this Section 13.2 takes effect), otherwise you must resolve the dispute in accordance with the arbitration clause of this Agreement, and the notice of the email you send must indicate your name, email address, contact phone number, and mailing address. If you choose to opt out of these arbitration clauses, we will also not be bound by them.
(F) Exceptional circumstances
Despite any contrary content in this Agreement, you may assert your claim in the "Small Claims" court, provided that your claim meets the conditions, your claim can only be made in such courts, and your claim is based on individual, non-representative, and non-class actions. In addition, if the claim involves intellectual property infringement or misappropriation, you and we will have the right to file a lawsuit in a court with appropriate jurisdiction, requesting an injunction or other equitable or other protective relief.
(G) Applicable law and location
This Agreement shall be governed by the laws of the State of New York, without regard to conflict of laws rules, and the appropriate place of arbitration for any dispute arising out of or in connection with this Agreement shall be the place of arbitration provided for in Article 13.2 of this Agreement, or, if arbitration does not apply, the state and federal courts in Los Angeles County, California.