This Agreement is entered into by and between you and Audere Games (HK) and X-Legend Entertainment Co., Ltd.(TW) (hereinafter referred to as "X-Legend", "we", "us" or "our") in relation to our related services and game support applications, including without limitation, every our App or other game related applications ("Application” or "Applications”), our websites (“Websites”), online communities for Games or social network services offered platform for Games (collectively, the "Services"), online games and any related services (together referred to as our "Game"). You agree that by accessing and/or playing our Game, you are binding to this Agreement. In addition, when using our Game, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time.
We may update this Agreement from time to time by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement. You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified in any our Game Product including our game rules.
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an 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 uses of the account by your Child whether or not such uses were authorized by you.
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. You may not use anyone else's account or permit others to use your account at any time. You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You acknowledge and agree to accept full responsibility for anything that happens through your Account and agree to fully compensate us for any loss or harm that may result. We will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.
If you use Guest Accounts without binding to any SNS account (including, without limitation, such as Facebook / Google Play / Twitter), we will create and assign to your account an identifier. PLEASE KEEP IN MIND THAT YOU MAY LOSE YOUR GAME DATA OR VIRTUAL GOODS FOR WHICH YOU HAVE PAID IF YOU LOG OUT GUEST ACCOUNT WITHOUT BINDING TO ANY EXISTING SNS ACCOUNTS.
You must not choose a username that infringes the rights of any third party, impersonates our staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. We reserve the right to make such assessments in our sole discretion, change any username for any reason or take such other action as we believe appropriate.
Termination of Inactive Account: WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 30 days. In such event, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Money and/or Virtual Goods associated with the terminated account will also be deleted, and no refund will be offered to you with respect to such Virtual Money or Virtual Goods deleted.
Effect of Account Termination: You understand that if you delete your account, or if we terminate and/or delete your account in accordance with the Terms of Service, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).
References to "stopping" an account include all or any of: locking, temporarily or permanently banning, or temporarily or permanently muting the account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned, you will not be able to access your account at all.
3. Virtual Goods and Virtual Money
Our Games may include virtual currencies such as gems, diamonds, coins, gold coins and points ("Virtual Money") or items or services for use with our Games ("Virtual Goods"). If you are a legal adult in your country of residence, you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third party store used by us, and not from any other unauthorized third parties. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, in our sole discretion. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.
Virtual Goods and Virtual Money can be used for so long as we operate a Game unless specially marked with duration or maximum charges. The license of use will be terminated if the duration expires or the maximum charges are reached. You do not own those Virtual Goods or Virtual Money but instead, you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services - any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods.
Unless otherwise specified, you may not transfer the Virtual Good or Virtual Money in any way once you purchase it, including but not limited to transaction, gift, and exchange for real money.
YOU AGREE THAT ALL SALES BY US TO YOU OF VIRTUAL MONEY AND VIRTUAL GOODS ARE FINAL AND NOT REFUNDABLE, THOSE VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE., UNLESS APPLICABLE LAWS SPECIFY OTHERWISE.
We prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
4. User Conduct and Content
You must follow applicable laws of the jurisdiction where you are located when visiting our Game. If any applicable laws restrict or forbid you from playing our Game, you shall follow such restrictions or stop visiting and/or playing our Game.
You or other users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials via our Games ("Content"). You are exclusively responsible for any and all Content that you may upload, communicate, transmit or otherwise make available via our Games, either published in public or sent in private.
Regarding the Content in the Game, you agree to comply with applicable laws and to the following :
You will not upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or discriminatory, pornographic sexually explicit or otherwise;
You will not post any that content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files.
You will not post content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You will not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You will not post any content that contains anything that, in the sole determination of Audere Games (HK) and X-Legend Entertainment Co., Ltd.(TW), are objectionable or inhibits any other person from using or enjoying the Games, or which may expose us or its users to any harm or liability of any kind.
By playing our Game, you agree that you will not :
Except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Game.
Use our Games in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary.
Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Game, collect any information of the Game or connect to the Game.
Use our Games for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limit to commercial purposes.
Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Game, any Content created by others or any portion thereof, in whole or in part.
Remove or amend any patent notice, copyright notice or other intellectual property information from our Games.
Collect any information, other than reasonably necessary for playing the Games, of other users.
Use our Games in any other way not permitted by this Agreement or any posted guidelines or rules.
You are responsible for obtaining and maintaining necessary devices for playing our Games, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this agreement and shall not incur any liability of us under this agreement.
You understand that due to the specialty of the online games, we may update our Game from time to time without notice for repair, maintenance, improvement or other technical reason, which may result in operation suspension and modification of the content of the Game. We are not liable for any losses incurred by such updates or suspensions except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
We cannot guarantee that our Game Products will work with any particular electronic devices or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.
Although we endeavor to provide the accurate and reliable services of our Game, you expressly understand and acknowledge that OUR GAME, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TO USE OUR GAME, AND/OR RELATED SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR GAMES, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAME, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR GAMES, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
7. Breaches and Indemnification
In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use our Game; (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.
In the event that you terminate your account with our Game, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
WE DO NOT ACCEPT LEGAL RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH.
8. Intellectual Properties
Our associated game logos and names are our trademarks and/or service marks. Other marks, names, and logos used in the Game, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The Games and all content and software associated with them including without limitation any and all Virtual Goods and Virtual Money (collectively referred to as our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a royalty-free, limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Game. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Games on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof.
You must not reverse-engineer, decompile or modify any our Game Product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customized version of the client software or attempt to sub-license it. You must not create or provide any other means by which any our Game Product may be played by others (including, without limitation, replacement or modified client/server software, server emulators).
Materials (including without limit all information, software, data, text, photographs, graphics, sound, and video) placed on any X-Legend Entertainment Game Product by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or any X-Legend Entertainment Game Product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.
You agree that all intellectual property or other rights in any game character, account and items are and will remain our property. By posting chat or other materials on any our Game Product, you grant us a non-exclusive, perpetual, worldwide, royalty-free, worldwide license to use and/or modify such materials on any our Game Product as we see fit. You agree that by submitting any material of any kind to us for any purpose connected with any X-Legend Entertainment Game Product (non-exhaustive examples are suggestions and ideas for any game or contributions to any Gallery page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit.
You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore, you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
The license granted herein will automatically terminate in the event of your breach of this Agreement.
By playing our Game or using any related services, you may provide the following information to us :
Login information which is used to identify specific users of the Game and may include game account or any third party account to log in the Game. When you register a game account we will expressly indicate the information to be provided. If any third party account is used to log in the Game, your information will be collected subject to the private policy of such third party. You should ensure that you read such third parties’ terms of service and privacy policies to understand how they treat your data and what data they might share with us.
Non-personally identifiable information formed or provided during your use of our Game or any services related, such as your gaming duration, device, IP address, operating system, and geographic position. Just for clarification, your geographic position will be collected with your further consent and only to improve your experience in our Game. You can use most services of our Game without providing your geographic information.
Your interactions with us, including but not limit to claims, critics, suggestions, feedbacks, and investigations.
The above information may be provided by you when you:
register for an account;
update your account;
request technical service support;
purchase products or services;
enroll in subscription orders;
subscribe to e-mail newsletters or updates; or
make payments for items and advanced functions, within our Game or any related services.
We will collect, dispose and use your information in accordance with this Agreement. Your continued use of our Game will deem as your acceptance for us to obtain, utilize and use your information subject to this Agreement.
Information collected under this provision will be only used for :
Provision of our game to users;
Enhancement of user experience;
Identification of the most popular part of our game and estimation of our marketing initiatives; or
Notification of the Game updates to users.
Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties :
For the purpose set forth above, our affiliates or sub-contractors may be commissioned to process such information, provided that such affiliates or sub-contractors comply with terms and conditions hereunder.
We may also disclose such information (i) as you required; (ii) a regulatory requirement, judicial proceeding, court order or legal process served on us; or (iii) to protect the safety, health, right, or property of others, public or ourselves.
We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
Our Game may contain links to many other web sites or applications, users shall read the corresponding privacy policies carefully in the access to those web sites or applications. We will not be responsible for the acts of such websites or applications.
If, acting reasonably, we consider that our TERM OF SERVICE has or may have been breached, or that it is necessary in order to prevent or stop any harm or damage to us, to any our Product, to other players or the general public, we may ban or terminate any or all accounts of our Products which we think are connected with the offender subject to such right of appeal as is specified in TERM OF SERVICE. Such actions may result in loss of membership credit and/or loss of real money paid as part of any item / account trading or other prohibited transaction. To prevent or remedy breach of our TERM OF SERVICE or any harm or damage to us, to any our Game Product or to other players or the general public, we may automatically or manually monitor, censor (including rejection or removal of any content) and/or record public or private chat or other activities in any our Game Product.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
10. A SPECIAL NOTE ABOUT PRETEENS AND USERS UNDER 18
If you are under 13 and by using our website or making any purchase of our game product or in-game virtual money or goods, you are representing (i.e. making a promise) that you have consent from your parents / guardian to use our Game Products in accordance with our terms and conditions and terms of conduct. We may stop any account if we are not satisfied that such consent has been given.
We may stop any accounts if we are not satisfied that such consent has been given. If we are told by a parent / guardian that their child has played our Game Products without permission, we will stop the account once we have solid information which satisfies us that the reporting person is indeed the parent or guardian.
11. Safety / Abuse
Before using any our Game Product you should read the guides found in our TERM OF SERVICE. Whilst we reserve the right to monitor and take action if any our Game Product is used inappropriately (including the posting of objectionable material on the chat facility or otherwise), we cannot promise that any our Game Product won't contain such content or that we will remove / modify any particular content. Nor can we guarantee that users will comply with our terms and conditions or otherwise behave appropriately.
If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should report all inappropriate behavior to us via in-game support button as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the relevant our Game Product(s).
12. Governing Law and Jurisdiction
The TERM OF SERVICE between you and us shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to the Hong Kong's conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Games or the TERM OF SERVICE shall be binding upon the arbitration held by the courts in the Hong Kong. You hereby consent to personal jurisdiction and venue in the courts in Hong Kong.
You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, the remaining provisions of these Terms will remain in effect. This Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
Waivers of Our Rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
Questions regarding this TERM OF SERVICE or the privacy practices of us, please contact us by email or FAQ center information.
14. Terms Specific to Residents of the Republic of Korea
Purchases by End Users in the Republic of Korea
If you live in the Republic of Korea, the E-Commerce Act provides you with certain rights to refunds within seven (7) days of purchase. However, please note that once you exchange Virtual Money for Virtual Goods within the App, a refund will no longer be available. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods as permitted under applicable law without any liability to you.