END USER LICENSE AGREEMENT
Last updated on September 8, 2022
This end user license agreement (this “EULA”) is a legally binding agreement between you and Funni and our Affiliates (as defined below) (“we”, “our” or “us”). By installing, using or otherwise accessing our services, you agree to the terms and conditions of this EULA. If you do not agree to any term of this EULA, please do not install, use or otherwise access our services. Your right to use our services is subject to your compliance with all of the terms and conditions set forth herein.
This EULA was written in English. To the extent any translated version conflicts with the English version, the English version controls.
This EULA applies specifically to:
-The registration and use of Your Account (as defined below);
-Your downloading, installing and/or using our games (including but not limited to PC games, web games, HTML5 games, mobile games, television/tablet games and any other form of games), including but not limited to any connected software, networks or services and any Updates (as defined below) we may make available to you (together, the “Software”);
-Your access to services that are made available by us in relation to the Software (the “Services”);
-Any Virtual Goods and Virtual Currency (each as defined below); and
-Any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the “Content”, and together with the Software, Services, Virtual Goods, Virtual Currency, the “Licensed Items”).
You must only use the Licensed Items:
-you are a “natural person” (corporations, limited liability companies, partnerships and other legal or business entities may not use the Licensed Items), and you are
not an individual specifically prohibited by us from using the Licensed Items;
-if you agree to this EULA;
-if you can lawfully enter into this EULA with us in accordance with applicable laws and regulations; and
-if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.
You must comply with this EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.
If you are under the age of 13, you must not open an account and must not use any Licensed Items. If you are not an “adult” (as defined in the applicable in your jurisdiction), your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including but not limited to any payments, fees and charges relating to the Licensed Items, and you shall be responsible for monitoring and controlling the minors’ access to our Services if our Services are not suitable for minors pursuant to the applicable game rating systems.
We may make changes to this EULA over time, so please come back and review them.
In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (regardless of whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.
By continuing to use the Licensed Items after we make any changes to this EULA, with or without notice from us, you are agreeing to be bound by the revised EULA.
LICENSE TO USE THE LICENSED ITEMS
The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide as set out in the “Our Intellectual Property Rights” section below.
Subject to the terms of this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable (except as provided below) and revocable license, under which you may:
-use the Software in object code format only on your own devices for your own personal and non-commercial use in accordance with any instructions, user guides, FAQs or other requirements specified by us from time to time (the “Instructions”) and this EULA; and
-use the Services, subject to the “Services License” section below.
Where Services are made available as part of your use of Software under this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Services in accordance with the Instructions and this EULA.
You may be able to create certain content within the Services, such as gameplay videos or additional game characters. Such content is subject to the “Your Content” section below.
Virtual Goods and Virtual Currency License
Where Software enables you to purchase or acquire Virtual Goods and/or Virtual Currency, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Virtual Goods and Virtual Currency in accordance with the Instructions and this EULA, in particular the terms set out in the “Virtual Goods and Virtual Currency” section below.
Under the terms of this EULA we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the means provided in the Software or the relevant Service for your use.
(1)you will continue to own and be responsible for Your Content;
(2)you are giving us and our Affiliates the right to use Your Content (with no fees or charges payable by us to you) including but not limited to the right to create derivative works of, to publicly display, to reproduce, and to publicly perform Your Content, for the purposes of providing, promoting, developing and trying to improve our Services, including but not limited to our relevant Services that you submitted Your Content in and any other services that we may provide now or in the future;
(3)we may use the name that you submit in connection with Your Content (whether that be Your Account name, real name or otherwise);
(4)in using Your Content for these purposes, we and our Affiliates may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including but not limited to those that are developed in the future, provided that they are incorporated into our Services which you use;
(5)we may share Your Content with third parties that we work with to help provide, promote, develop and improve our Services, but we will not sell Your Content to such third parties (other than our Affiliates) for their use for their own purposes (i.e. for any purposes that are not related to our Services); and
(6)you will comply with the Instructions and this EULA, in your submission of Your Content.
-are allowed to retain and continue to use Your Content after you stop using our Services - for example, where you have shared Your Content with other users of our Services;
-may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our Affiliates may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
-may need to disclose Your Content (including but not limited to any information relating to Your Account) in order to enforce this EULA, protect our rights, property or safety, or the rights, property or safety of our Affiliates or other users of our Services.
You understand that even if you seek to delete Your Content from our Services, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via our Services.
We reserve the right to block or remove Your Content for any reason, including but not limited to as is in our opinion appropriate or as required by applicable laws and regulations.
“Affiliate(s)” with respect to a legal entity (such as a corporation, partnership, or limited liability company) shall mean any other legal entity that controls, is controlled by or, is under common control with such legal entity. For the purposes of this definition, the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities or by contract.
Responsibility for Your Content
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in this EULA; and (ii) Your Content (and our use of Your Content in accordance with this EULA) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
MONITORING AND PROHIBITED ACTIVITIES
We have no obligation to monitor Your Content and we are not responsible for monitoring the Services for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including but not limited to chat text and voice communications) when you are using the Services.
You agree not to engage in any of the following prohibited activities on or in relation to our Services, or allow any person to use Your Account to do the same:
(1)impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including but not limited to by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using our Services;
(2)name squat via Your Account name in a way that infringes any third party’s intellectual property rights or other rights;
(3)send any unsolicited, unauthorized spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;
(4)use our Services for any commercial purpose or for the benefit of any third party, except as expressly permitted by this EULA or otherwise authorized by us from time to time, including but not limited to any of the following activities:
-use our Services for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity;
-making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
-making postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
-making postings (whether written by you or anyone else) in exchange for money or other benefits or compensations from any third party;
-posting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not; or
-making any other postings not in good faith;
(5)submit, upload, transmit or display, through our Services, any content (whether displayed publicly or not, and whether displayed directly or indirect to any other users) which in fact or in our reasonable opinion:
-breaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by this EULA);
-creates a risk of loss or damage to any person or property;
-is fraudulent, false, misleading or deceptive;
-harms or exploits any person (whether adult or minor) in any way, including but not limited to via bullying, harassment or threats of violence;
-is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
-promotes or encourages self-harming;
-infringes our rights or any third party’s rights, including but not limited to any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
-is pornographic, sexually explicit, violent or otherwise of an indecent or offensive nature; or
-encourages or is likely to encourage any of the above;
(6)violate any applicable laws or regulations, including but not limited to credit card fraud or bank account fraud;
(7)engage in any illegal or potentially illegal (as determined by us) activities or transactions, including but not limited to sale of any illicit drugs or money laundering;
(8)gamble, provide gambling information or entice others to engage in gambling through any method;
(9)use or exploit any of our intellectual property rights (including but not limited to our trademarks, brand name, game character design, music, image, video, storyline, logo, domain names, distinctive brand features, and any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including but not limited to attempting to reverse engineer any applications or software used to access our Services);
(10)access any of our Services, collect or process any content made available through our Services, send or redirect any communications through our Services, in each case, through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing, including but not limited to using any automated means to artificially promote any content;
(11)engage in any “framing”, “mirroring,” or other techniques directed at simulating the appearance or function of our Services;
(12)interfere with, or attempt to interfere with, any user’s or any other party’s access to our Services;
(13)intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
(14)share or publish any other person’s personally identifiable information using our Services without their express consent;
(15)probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our Services, our systems or the systems of other users;
(16)create multiple accounts for disruptive or abusive purposes; or
(17)engage in any other activity that encourages any person or entity to breach this EULA.
RESTRICTIONS ON YOUR USE OF THE LICENSED ITEMS
You may not, nor may you permit any other person to:
(1)use the Licensed Items in any manner or for any purpose which breaches the terms of this EULA or contravenes any applicable laws and regulations;
(2)use the Licensed Items to gain unauthorized access to any system, account or data;
(3)sub-license, rent, lease or sell the Licensed Items;
(4)directly or indirectly charge others for use or access to the Licensed Items;
(5)directly or indirectly suggest our support or endorsement of any product, service or content (including but not limited to any personal web site);
(6)transmit unauthorized communications through use of the Licensed Items, including but not limited to junk mail or spam;
(7)make the Licensed Items publicly available or available on any network for copying, download or use by any person or persons;
(8)remove, obscure or modify any copyright, trademark or other proprietary rights notice, marks or indications found in or on the Licensed Items;
(9)misrepresent the source or ownership of the Licensed Items;
(10)copy, reproduce, adapt, modify, translate or create derivate works from the Licensed Items, lend, hire, rent, perform, sub-license, make available to the public, broadcast, distribute, transmit or otherwise use any Licensed Item in whole or in part in any manner not expressly permitted by this EULA, or attempt to do any of the foregoing;
(11)attempt to disrupt or interfere with the Licensed Items including but not limited to manipulating the legitimate operation of the Licensed Items;
(12)use cheats, exploits, automation software or any unauthorized third party software designed to modify or interfere with the Licensed Items;
(13)disrupt or overburden any computer or server used to offer or support the Licensed Items, or other users’ use of the Licensed Items; or
(14)develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the Licensed Items, except where we expressly permit you to do so via our Software (and where this is the case, your use of such Software may be subject to additional terms and conditions as notified by us to you).
Please note that there may be technological measures in the Licensed Items that are designed to prevent unlicensed or unauthorized use of the Licensed Items or use of the Licensed Items in breach of terms or this EULA. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.
INSTALLATION AND USE
You must ensure that your device meets the requirements for installing and using the Licensed Items set out in the Instructions, including but not limited to any requirements as to operating system and compatibility.
During installation, the Licensed Items may uninstall or disable other software running on your device. Depending on the Licensed Item, you may be required to activate the Licensed Item or certain functionality in it in the manner described in the applicable Instructions. If you do not comply with the installation instructions, you may not be able to use the Licensed Item or certain functionality may not be available to you. Your use of the Licensed Item may require an internet connection in order to authenticate the Licensed Item or perform other functions. In order for the functionality and/or performance expected of the Licensed Item to be achieved, you may be required to obtain and maintain an adequate internet connection.
You understand that if you change devices or data is erased or wiped from your device, Your Content, game progress data, your Virtual Currency and your Virtual Goods may only be accessible through the retrieval methods we make available to Your Account from time to time.
You may need to create an account with us in order to access and use some elements of the Software (“Your Account”).
Your Account is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use Your Account. Your Account name, user ID and other identifiers you adopt within our Services remains our property and we can disable, reclaim and reuse these once Your Account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding the details of Your Account, including but not limited to any passwords used to access Your Account and our Services, and (ii) all use of our Services under Your Account. You must promptly notify us if you know or suspect that Your Account or its password have been compromised. We will regard all use of Your Account as being by you, except where we have received and acknowledged your notification to us regarding Your Account and/or its password being compromised.
If you fail to safeguard the details of Your Account, you agree to be solely responsible for all relevant losses, including but not limited to the loss of Virtual Goods and Virtual Currency.
We may take certain technical measures to verify that you are the owner of Your Account from time to time, especially when you intend to take certain major actions, such as changing your password, or deleting your Account. Such technical measures may include (i) sending verification code to your cell phone or email address, and (ii) requesting you to provide additional information with respect to Your Account or your use of our Services.
UPDATES AND CHANGES TO SOFTWARE AND SERVICES
We may, in our discretion, distribute corrections, updates, upgrades and new versions of the Software and/or the Services (each an “Update”). You agree to receive and permit us to deliver Updates to your device, and you acknowledge that, if you do not accept and install the Update, the Software and/or the Services may no longer operate with the full functionality or performance described in the Instructions or operate at all.
We reserve the right, in our discretion, to change or limit the functionality and performance of the Software and/or the Services, including but not limited to withdrawing support or access to the Software and/or the Services, and to prevent the use of any Software and/or Services in relation to which all available Updates have not been installed.
Such updates may occur automatically or manually. Please note that the Software and/or the Services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our Software or Services, or that such updates will continue to support your device or system.
WARRANTY AND DISCLAIMER
We warrant to you that we will provide our Services using reasonable care and skill.
APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
LIABILITY FOR OUR SERVICES
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATES FOR ALL CLAIMS IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE LOWER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD$100.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THIS EULA; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in this EULA limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
-any liability for death or personal injury;
-any liability for gross negligence or willful misconduct; or
-any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS EULA, NOTHING IN THIS EULA LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING BUT NOT LIMITED TO ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE TO INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING BUT NOT LIMITED TO LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THIS EULA.
We may in our discretion provide technical support for the Licensed Items (whether for free or for a fee). We provide technical support without any guaranty or warranty of any kind and subject always to the “Warranty and Disclaimer” and “Liability for our Services” sections above.
PAYMENTS, FEES AND CHARGES
You may from time to time make payments to us or other third parties in relation to the Licensed Items. You agree that all such payments from you are subject to, and you will comply with, all terms and conditions of the relevant payment service (whether that payment service provider is us or a third party), in addition to any other relevant terms of this EULA. We bear no responsibility for any transactions processed by, or any payments made to, a third party, whether in connection with the relevant Licensed Item or not. You agree that you are solely responsible for all fees and taxes associated with any Licensed Items, and that pricing and availability of all Licensed Items are subject to change at any time.
You agree that any payments you make to us in exchange for your use of any Licensed Items (for example, for the grant of a License to use any Virtual Currency, Virtual Goods or Content) is final and non-refundable, except where otherwise specified by us for a particular Licensed Item or as specified under the “Term, Suspension and Termination” section below. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR LICENSED ITEM, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY LICENSED ITEM (WHETHER USED OR UNUSED).
Please be aware that you may incur telecommunications charges and other fees and expenses (charged by the relevant third parties directly or indirectly) in your use of the Licensed Items. You are responsible for paying all such charges, fees and expenses. We will not be responsible for the quality of services provided by such third parties.
VIRTUAL GOODS AND VIRTUAL CURRENCY
Some Software may include functionality which allows you to purchase and use virtual goods (for instance, additional characters or weapons within our games) (“Virtual Goods”). We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, revocable License to use such Virtual Goods within the Software in accordance with any requirements set out in the Instructions and in this EULA. Unless otherwise specified in the Software, all Virtual Goods will be deemed to be an integral part of the Software and therefore be a Licensed Item.
Virtual Goods may be licensed to you upon payment by you of:
-“real world money”, or by using separate activation codes as applicable from time to time; and/or
-virtual currency purchased, earned or obtained through your use of the Software or from any platform we enable for this purpose from time to time (“Virtual Currency”).
You acknowledge that you do not own the Virtual Goods and/or the Virtual Currency. They do not represent any credit balance of “real world money” or the equivalent, and cannot be redeemed for “real world money” or anything of monetary value. Virtual Goods and Virtual Currency are provided solely for your enjoyment of the Software. All sales of Virtual Goods and Virtual Currency by us to you are final.
You will not trade, sell, gift, transfer or lend Virtual Goods or Virtual Currency (a “Virtual Transaction”), except as permitted in accordance with the Instructions. Where the Instructions permit you to engage in Virtual Transactions any transactions are between you and the other relevant parties. We have no responsibility for any Virtual Transactions, redemptions or refunds of Virtual Goods and/or Virtual Currency. We are not responsible for any claims brought against you in relation to your use of the Virtual Goods and/or Virtual Currency, relating to any Virtual Transactions you enter into or are alleged to have entered into.
We may require you to comply with specific policies applicable to the purchase and use of Virtual Goods and Virtual Currency and we may change these policies from time to time. All such policies will form part of this EULA. We may modify or eliminate Virtual Goods and/or Virtual Currency from some or all Software at any time, with or without notice. We will have no liability to you in the event that we exercise these rights. If we close Your Account, terminate your access to the Software, or terminate this EULA, you will forfeit all Virtual Currency and Virtual Goods, and we will have no liability to you for that forfeiture.
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to the Licensed Items and our other Services and software (including but not limited to any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in this EULA, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks, brand name, game character design, music, image, video, storyline, logo, domain names, distinctive brand features, and any other of our proprietary information or the layout or design of any page without our prior written consent. Any comments or suggestions you may provide through our Services or the platforms of our Services (i.e. user forum) regarding our Services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
THIRD PARTY SOFTWARE, CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our Software or Services, including but not limited to any Your Content or other content provided by other users of our Software or Services or by our advertisers. You acknowledge and agree that by using our Software or Services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our Software or Services by you is at your own risk. Your use of our Software or Services does not give you any rights in or to any content you may access or obtain in connection with your use of our Software or Services.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our Software or Services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our Software or Services, you must comply with any terms and conditions applicable to those services.
We may review (but make no commitment to review) content or third party services made available through our Software or Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our Software or Services.
There may be, from time to time, third party content and services made available to you through our Software or Services that are subject to further terms, including but not limited to terms from the relevant third party that originally produced such content and services. In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third party content and services.
In addition, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any content, software, plug-ins, tools or data supplied by third parties for use in connection with the Licensed Items. Any reliance on or use of such content, software, tools, plug-ins or data is at your own risk. You must comply with any additional terms and conditions applicable to any third party content, software, tools, plug-ins and data.
OPEN SOURCE SOFTWARE
Some Licensed Items may contain software that is subject to “open source” Licenses (the “Open Source Software”). Where we use such Open Source Software, please note that there may be provisions in the Open Source Software’s License that expressly override this EULA, in which case such provisions shall prevail to the extent of any conflict with this EULA.
USE OF YOUR DEVICE BY OUR SOFTWARE AND SERVICES
In order for us to provide the Software and Services to you, we may require access to and/or use of your relevant device (such as mobile phone, tablet or desktop computer) that you use to access that Software and/or Service – for example, we may need to use your device’s processor and storage to complete the relevant Software installation, or we may need to access your contact list to provide certain interactive functions within our apps. You agree to give us such access to and use of your device.
We will provide further information regarding how a particular item of Software or particular Service uses and accesses your device within that relevant Software or Service or in another manner (e.g. via the relevant app store as part of the relevant service’s installation process). You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant Software or Service to you.
You acknowledge and agree that the Licensed Items may from time to time be subject to the import and export laws of certain countries where Licensed Items are imported or re-exported. You agree to comply with all relevant laws relating to the import, export and re-export of the Licensed Items and, in particular, will not export any Licensed Items to any prohibited country, entity, or person for which an export License or other governmental approval is required unless and until the License or other governmental approval has been obtained.
BREACH AND INDEMNIFICATION
In case we reasonably find that you have breached this EULA, we may take such actions as we deem appropriate, including but not limited to: (i) removing Your Content that are involved; (ii) restoring your game data to the status before your breach; (iii) terminating your right to use our Services; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this EULA, including but not limited to any breach of this EULA. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including but not limited to the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
TERM, SUSPENSION AND TERMINATION
The License granted to you under this EULA will commence on the earlier of the date that you: (i) accept the terms and conditions of the EULA; or (ii) download, copy, install, access or use any Licensed Items. The License will expire with respect to each Licensed Item on the date upon which you dispose of the Licensed Item or the termination date, if terminated by us, as set out below.
We may suspend your access to or use of any Licensed Item or terminate this EULA if:
(1)we reasonably believe that you have breached any term or condition of this EULA;
(2)your use of the Licensed Items creates risk for us or for other users, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
(3)you fail to use the Licensed Items for a prolonged period;
(4)you attempt to circumvent the technical protection measures for the Licensed Items;
(5)we reasonably believe that you have not accessed or used the Licensed Items for a duration of three (3) or more consecutive months from the date and time of last recorded access and/or use on our servers;
(6)where we cease to support that Licensed Item; or
(7)for any other reason, such as (a) there is a regulatory or statutory change limiting our ability to provide such part of the Licensed Items or the Services, and (b) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the Licensed Items or the Services.
Where you have paid any subscription fee in relation to a Licensed Item and we terminate this EULA in relation to that Licensed Item under paragraphs (6) or (7) in circumstances not due to any act or omission or breach of this EULA by you or not due to any applicable laws or regulations, we will (i) refund a pro-rata proportion of any subscription fees already paid by you at the time of termination, or (ii) provide other form of compensation to you, as permitted by the applicable laws. Where reasonably practicable, we will give you notice of any suspension or termination.
Suspension or termination of your License to the relevant Licensed Item or this EULA will not limit any of our rights or remedies at law or in equity.
Upon expiry or termination of this EULA (in whole or in respect of any particular Licensed Item), you will immediately permanently delete all copies of the Licensed Item to which the expiry or termination relates and you will immediately cease accessing and using any Software and Services relating to that Licensed Item.
Please note that Licensed Items may be automatically deleted from your device, or otherwise made unavailable to you, once the time period for which the Licensed Item is available to you has expired.
RETENTION AND BACK-UP OF YOUR DATA
We do not guarantee that we will be able to return any data, information, media or other content submitted, uploaded, transmitted or displayed by you using the Licensed Items back to you following suspension or termination of this EULA or after you cease using the Licensed Items. We may permanently delete such data, information, media or other content without notice to you at any time after termination. Please ensure that you regularly back up data, information, media and other content.
YOUR STATUTORY RIGHTS
Nothing in this EULA is intended to replace or supersede your rights under any mandatory applicable laws and regulations, and such mandatory rights of yours will apply to the extent they are inconsistent with any terms in this EULA.
No person other than you and us will (subject to any applicable laws and regulations) have any right to enforce this EULA against any person, and you may not delegate, assign or transfer this EULA or any rights or obligations under this EULA, without our prior consent. We may freely assign, transfer or sub-contract this EULA or our rights and obligations under this EULA, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or Affiliates have any liability under this EULA.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), this EULA and any dispute or claim arising out of or in connection with this EULA will be governed by the law of the Hong Kong Special Administrative Region. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this EULA, including but not limited to their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in Chinese.