END USER LICENCE AGREEMENT
【Update date:2022/06/14 】
This Agreement is made between you, the user (hereinafter referred to as "Party A" and "You") and us, the game platform (hereinafter referred to as "Party B", "We") on the game products and services provided by Party B. Whether you are a visitor or a user, this Agreement binds you to use or access the Party B game, our online website, any specific game website, customer support, social media, community channel and / or other online services provided by Party B and other online services from a third parties authorized by Party B (collectively referred to as "Party B services"). If you do not agree to install the cheating detection software, or delete or disable the cheating detection function at any time, whether alone or together with Party B game, the license granted to you under this Agreement will automatically terminate, and you shall immediately stop accessing any Party B service. The terms of this Service Agreement have been placed in this game for Party A's review in advance. Once Party A "Agrees" and uses Party B's services, Party A agrees to fully comply with the terms of service and the provisions of Party B's games, and shall comply with local laws and regulations. If Party A is not willing to accept, please choose "Disagree" and stop using the service provided by Party B immediately. If Party A is a juveniles, please ensure that Party A has obtained the consent of Party A's guardian before registering as a service user of Party B. By applying for an account, downloading the Party B game software, running the Party B game (including but not limited to updating, upgrading and downloading patches), browsing our website, accessing various online operation or maintenance services, or accessing any services provided by Party B in other ways, you are deemed to have read, understood and accepted all the terms of this Agreement. PARTY A RESERVES THE RIGHT TO MODIFY OR AMEND THIS PGREEMENT FROM TIME TO TIME. YOU AGREE TO CHECK THE NEW TERMS OF THIS AGREEMENT REGULARLY. If you do not agree with any of the terms of this Agreement, please do not use or access the Party B services directly or indirectly in any way. I. User registration 1. When providing personal registration information, Party A promises that: (1)Party A shall provide true, complete, valid and detailed registration information. Party A shall be fully responsible for the authenticity, legality and validity of the information registered by Party A. Party A shall not impersonate or use the name of others to enjoy the services provided by Party B; (2)All the registration data provided by Party A will be used by Party B as the basis for identifying Party A and other users; (3)If the personal registration information provided by Party A is inconsistent with the facts, or has been changed but not updated in time, or there is any suspicion of misleading, resulting in Party B's failure to provide or further provide products and services for Party A, Party B will not bear any responsibility. 2. Modification of registration information. Party A may, at any time, contact Party B through the designated means to update or modify personal identity information (if any) provided by Party A when applying for registration, and Party B will provide Party A with the service in a timely and effective manner. II. Notification of illegal use of account number and password 1. Party A shall develop a set of account number and password in the service registration program, which will be ready for Party A's use after verification and confirmation by Party B's game website. 2. The account number shall not be changed once it is set, and the corresponding password of the account number may be changed according to the modification mechanism provided by Party B. 3. Either party shall notify the other party immediately if it finds that a third party is illegally using Party A's account number or the using security is abnormally damaged. After Party B receives Party A's notice or Party B notifies Party A, Party B may suspend the permission of the account number or password and create a new account number or password for Party A. In the case mentioned above, Party B shall return Party A's deducted game points or compensate Party A for the corresponding game expenses, except for those that can be attributed to Party A or Party B can prove that it’s not due to abnormal service. 4. Party A shall be responsible for the custody of the account number and password, and shall not transfer, deliver, disclose or lend the account number and password to a third party. Any dispute arising therefrom shall be attributed to Party A and shall be borne by Party A itself. 5. Party B's personnel (including customer service personnel and Game Manager ) will not ask Party A's password actively. 6. You cannot use a user name that has been assigned to another user, and the premise of using the service is that you must not choose an obscene or offensive user name. We have the right (but not the obligation) to filter out words and phrases that we find unacceptable. Moreover, although we may filter out some unacceptable words and phrases in the process of creating nicknames, it can never be a filtering process not missing any of such words or phrases. In addition, if we think your user name (or its use) is offensive or otherwise in violation of the EULA terms, we reserve the right to terminate your user name or account number and ask you to create a new acceptable user name. We recommend that you do not create a user name that reflects your real name or other personal data. 7. SPECIAL NOTE: PARTY A HAS THE RIGHT TO USE THE GAME ACCOUNT. AS A PART OF THE GAME SOFTWARE CODE, THE ACCOUNT BELONGS TO PARTY B. PARTY A SHALL NOT RENT OR SELL THE GAME ACCOUNT IN ANY FORM WITHOUT THE WRITTEN PERMISSION OF PARTY B. iF PARTY A SELLS ITS OWN GAME ACCOUNT OR OTHER RELEVANT INFORMATION, PARTY B RESERVES THE RIGHT TO TAKE MEASURES, INCLUDING BUT NOT LIMITED TO IMMEDIATELY TERMINATING THE USE OF YOUR GAME ACCOUNT WITHOUT ANY REFUND. PARTY B SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM THE SALE, PURCHASE OR LEASE OF YOUR GAME ACCOUNT. 8. If we have reason to believe that you have not complied with any of the terms between Party B and you, we will terminate your user name or account at any time for any reason without any further procedures after giving you prior notice. In addition, you will not be allowed to resume using your user name without our express permission. If you decide to terminate your user name or account, please contact our support service. We will terminate it as soon as reasonably practicable after receiving your request. 9. You are responsible for maintaining your account information and password. If any third party embezzles your account or illegally accesses your account, you shall not ask Party B for compensation. In addition, in case of theft, unauthorized use or other security vulnerabilities related to your account, you should immediately inform Party B, and Party B will help you minimize your loss. III. Service content 1. The following shall be regarded as part of the terms of service and have the same effect as the terms of service: (1)Party B's announcement, activity regulations or advertising contents related to the service. (2)Schedule of rates. 2. The specific services of Party B will be provided according to the actual situation, and Party B reserves the right to change or interrupt part or all of the network services at any time. 3. Party A understands that Party B only provides relevant network services. Other than this, the devices (such as computers, mobile phones and other devices related to access to the Internet) and expenses (such as telephone charges and Internet charges paid for access to the Internet) related to Party A’s using of network services shall be borne by Party A itself. 4. Party A shall use genuine software for network services, and Party B shall not be liable for Party A's use of service with same name or similar content without Party B's legal authorization. IV. Rights of Party A Party A may use the products and services provided by Party B in accordance with this Agreement and other rules updated and published by Party B from time to time. V. Obligations of Party A 1. Party A agrees to accept and use Party B's products and services in accordance with the terms of this Agreement and other rules released, changed and modified by Party B from time to time. Party A shall not use Party B's products and services or participate in Party B's activities by improper or other unfair means. Party B has the right to terminate the provision of products and services to Party A. 2. Party A shall not interfere with Party B's normal provision of products and services, including but not limited to: (1)Attacking or invading Party B's website server or overloading the website server; (2)Cracking or modifying the client program provided by Party B and deleting, modifying, scanning and backing up the server and account information; (3)Attacking or invading Party B's game server or game server program or overloading the game server; (4)Making, using, releasing and disseminating any form of auxiliary tools or programs (plug-ins) that hinder the fairness of the game; (5)Using the bugs of the program to destroy the normal operation of the game, spreading the bugs or making profits through the bugs; (6)Interfering with or hindering other people from using the products and services provided by Party B, or violating the principle of good faith, including but not limited to influencing the fairness of the game in the way of using Microblog low-level account; (7)Conducting reverse engineering, reverse assembling, reverse compiling of Party B’s game, or infringing the patent, copyright, trademark, reputation and other legitimate rights and interests of Party B and any third party. (8)Without the written consent of the game developer, (include not not limited to) using, copying, modifying, linking, reprinting, compiling, distributing, and publishing relevant information in the game, and setting up a mirror website and developing related derivative products and works with the help of the application without authorization; (9)Selling, leasing, renting, licensing, sublicensing or otherwise using all or part of Party B's services for commercial purposes, as well as its related contents, information and elements for commercial purposes; (10)Unless expressly authorized by this Agreement, Party A shall not make any reproduction of all or part of the contents of the Party B service and any attached materials. As the Party B service contains our proprietary information, you agree to: (a) strictly keep all codes and any technical elements of Party B's service confidential( b) not copy, distribute, manufacture, display, report, publish, disclose or otherwise transfer any of our non-public information; and / or (c) subject to applicable laws, not use Party B's services beyond the scope of personal entertainment or non-commercial purposes. (11)We reserve the right to pay attention to or intervene in the disputes between users, but we need to make it clear that the above behaviors are not the obligations of Party B. Although we may choose to pay attention to and take measures to deal with inappropriate game behaviors, chats or links in Party B's services, you should bear the responsibility of the consequences resulting from interacting with other users. By using Party B's services, you acknowledge and accept that at any time, the language or materials accessible in or through Party B's services may be inappropriate, especially for children, or offend some users by age, race, religion or gender. You agree that Party B shall not be responsible for any such improper user behavior or language under any circumstances. Party B reserves the right to suspend or terminate your visit to Party B's services and / or take other measures at the same time. (12)Party A shall not engage in any other acts that may damage the legitimate rights and interests of Party B and its partners or any other cooperative units. (13)You further confirm that you will respect local customs or practices and abide by any applicable laws or regulations when using Party B's services. In addition, if required by local laws or regulations, you should immediately stop using or visiting party B's services. 3. Party A must take good care of its own equipment, account number and password. Any consequence caused by Party A shall be borne by Party A itself. 4. Party A can only use the products and services provided by Party B as a single individual. Party A is not allowed to use the products and services provided by Party B to engage in activities for commercial purposes, nor use Party B's products and services for sales or other activities with commercial purposes. 5. Party A shall be responsible for all activities and events in the use of the service. Party A shall abide by the relevant laws and regulations of the distribution area and the generally applicable norms of Internet ethics and etiquette. Party A shall be responsible for the information released by Party A. In particular, Party A shall not publish contents that: (1)Against the basic principles established by law; (2)Incite national hatred and discrimination or undermine national unity; (3)Spread rumors, disturb social order or destroy social stability; (4)Spread obscenity, pornography, gambling, violence, murder, terror or abetting crime; (5)Publish, upload, or transmit defamation, ridicule, threat, harassment, intimidation, abuse, hatred, racial discrimination or other information that disgusts some people; (6)Publish, upload, transmit or otherwise disseminate obscene, indecent, vulgar, pornographic, sexually suggestive or other objectionable information; (7)Infringe on the contract rights, personal rights, property rights, intellectual property rights and other rights and interests of Party B or third parties (including the right to privacy, the right to disclose or the right to trade secret); (8)Violate human morality, customs, etc. (9)Use, distribute or publicly inform a third party of any game error, misleading or loophole, whether with or without improper purpose. 6. Party B will severely crack down on and punish Party A's behaviors related to value storage or other transactions (including but not limited to Party A's value storage or purchase of in-game virtual commodities through cooperative manufacturers) on any value storage platform or other trading platform not previously approved by Party B. Once verified, Party B has the right to take various measures based on specific situation, including but not limited to one or more of the following: warning, temporary freezing of game virtual commodities, withdrawal of game virtual commodities, temporary prohibition of login, permanent prohibition of login, etc; if the circumstances are serious, Party B shall reserve the right to investigate Party A's legal liability. 7. You agree that you shall not modify, copy, distribute, construct, reproduce, redistribute, download, capture, display, publish, transmit or sell any services of Party B in any form or by any means without the prior written permission of Party B. Any use of our materials, including but not limited to the production of derivative works, requires the prior written consent of Party B. Please note that any unauthorized reproduction or redistribution of Party B's services will be prohibited and may result in serious legal penalties. VI. Virtual currency and commodities in the game 1. Party B may provide you with an opportunity to purchase virtual currency in the game with real currency. Party B enables you to purchase virtual in-game digital commodities ("virtual commodities") in real currency or virtual currency. You acknowledge that virtual currency and virtual commodities can never be converted into real currency or anything with monetary value. According to this Agreement, you agree that the virtual currency and virtual commodities are licensed instead of being sold to you, and Party B reserves all rights, ownership, interest or other rights in the virtual currency and virtual commodities. 2. The virtual currency and / or virtual commodities you purchase are not exchangeable and non transferable unless otherwise permitted by the laws of your country. Except in the Party B game, you shall not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use virtual currency or virtual commodities. Otherwise, it will be deemed that you have violated this Agreement, which will automatically terminate your account. Party B reserves the right to continue to claim compensation. 3. Party B reserves the right to modify, manage, control or eliminate virtual currency and / or virtual commodities at its sole discretion. You acknowledge and agree that Party B has the right to take actions that may affect the perceived value or purchase price of virtual currency or virtual commodities, unless otherwise required by law. 4. When you provide payment information to Party B or the processor authorized by Party B, you confirm that you are the authorized user of the payment method specified by yourself, and you authorize Party B to charge the full amount of your purchase transaction. VII. Regulations on the change of charging standard and relevant notice 1. The fees and rates of this service are published on the official website or in the game 2. If the rate is adjusted, it shall be charged with the new rate from the effective date of the adjustment; If the new rate is higher than the old rate, the stored value registered in the game website by Party A before the effective date of the new rate shall still be charged at the old rate. VIII. User Content 1. "User Content" means feedback, suggestions, comments, ideas and / or any other information, including but not limited to software and code, that you provide, publish or otherwise provide directly or indirectly to Party B or its agents in connection with Party B services. You confirm that you have irrevocably granted to Party B a worldwide, irrevocably, fully paid, royalty free, perpetual, sublicensable, transferable, and unrestricted license to use, disseminate, reproduce, modify, sublicense, translate, publish, distribute, transmit online, publicize, promote, perform, display, create derivative works, sell, offer to sell and / or otherwise use such user content. You further confirm that any user content you provide under this Agreement will not infringe intellectual property rights, related rights and / or other exclusive or personal rights. In addition, your participation in "BETA" period or "BETA" games or similar activities is otherwise agreed by other Agreements, and you agree that certain rules shall apply to the access to such games. For example, we may limit the duration and number of players in the games for our BETA games, and we reserve the right to modify or delete the user's game data. Please read these specific rules carefully. Thank you for participating in our game testing and submitting user content. 2. If the rights or interests in the user's content (such as personal rights or other related rights) cannot be licensed or transferred according to the law, you hereby expressly give up the above rights and agree not to claim any rights, costs or compensation from Party B. IX. Handling of improper transfer of electromagnetic records 1. If Party A finds that the account number and password have been illegally used and the electromagnetic record of the game has been improperly transferred, Party A shall immediately notify Party B for verification. Once Party B verifies Party A's personal identity and checks the IP address and confirms that Party A has not used this address, Party B may freeze the account number and temporarily limit the rights of relevant online player to use the service. 2. Party B shall immediately notify the third party holding the electromagnetic record mentioned in the preceding paragraph in writing or by e-mail from the time when the right to use the game is temporarily restricted. If the third party fails to give an explanation within seven days after receiving the notice, Party B shall directly reply to Party A with the electromagnetic record that has been improperly transferred. In case of failure to reply, Party B may adopt other compensation methods agreed by both parties, and remove the restrictions on the relevant online game player after reply; However, if Party B provides free security devices (such as anti-theft card, phone lock, etc.) and Party A does not use them, Party B may directly reply to Party A with the electromagnetic record improperly transferred. 3. If the third party holding the electromagnetic record in the first paragraph disagrees with Party B's handling of the preceding paragraph, Party B may handle the case through judicial channels in accordance with the reporting procedure. 4. Party A shall bear all legal liabilities for any damage to the rights of Party B or other online game players due to any false application. 5. If Party A holds any game props or virtual currency (including but not limited to "stolen things" or "illegal copies") not legally provided by Party B, Party B has the right to take back the illegal commodities in order to maintain the balance in the game. However, Party B shall notify Party A at the same time. If Party A considers that such electromagnetic records do not violate the previous provisions, Party A may appeal to Party B within seven days after receiving the notice. X. Connection quality 1. Party B's system equipment shut down due to planned system maintenance shall be published in the game website in advance, and notice of such shall be sent to Party A while logging in as well as shown during the game. 2. Party B shall do its best to ensure that its system equipment is free from errors, screen pause, delay, interruption or failure to connect. 3. If the service is interrupted, suspended or changed due to the reasons of the cooperative partner, such as failure of the server, hardware and software equipment and electronic communication equipment, network line issue, natural disaster, etc., or due to national security purpose or the personal safety of the cooperative partner or Party A's personal reasons, such responsibility shall not be attributed to Party B. XI. System security and program bug 1. Party B shall, in accordance with the provisions of this Agreement, be responsible for maintaining the security of its own computer system in accordance with the technology or professional standards at that time. 2. Party A understands that Party B can only provide security with the current technology level at the time, so Party A shall properly keep its personal account and password information, personal financial account information, and password, etc. Party B will solve those problems happened in the service process within the maximum reasonable scope of business, while Party B cannot fully undertake all risk responsibilities. XII. Improper user behavior 1. Party B requires you to be responsible for your behavior and language. We encourage you to play Party B in a healthy and civilized way, and strictly forbid you to do any improper or offensive behavior. You are not allowed to claim that you are an employee or a third party of Party B in any way, or spread false or vulgar information, publish illegal websites, spam advertisements or any information related to drugs, or otherwise attack, threaten or insult some or all users. You must not spread any plug-ins, Trojans or other viruses of any kind. 2. You are not allowed to participate directly or indirectly in: (1)Vulgar speech, vulgar language, abusive behavior or verbal harassment to Party B or other users; (2)Using any unauthorized payment method; (3)Using cheating programs or other malicious game programs; (4)Disseminating information or materials that violate the general customs, religious beliefs, habits or social ethics of the public in part or in groups; (5)Disclosing, providing, disseminating or otherwise providing non-public information of us or other users to a third party; and / or (6)Any other misconduct or language that may damage the reputation of Party B. 3. We reserve the right to observe or participate in solving disputes between users, but this is not our obligation. Party B has the right to decide and take measures at its own discretion accordingly, including but not limited to sending warnings, blocking communication, suspending service, inactivating your account, temporarily or permanently banning your account, blocking login, deleting game files or taking other measures. We reserve the ultimate right to interpret and take action on the circumstances of your misconduct. If other users violate your rights, we will provide necessary materials to help you defend your rights. 4. If you violate any provision of this Agreement, and your behavior is judged by us as abuse and / or violation of the spirit of Party B game, or bad enough to constitute inappropriate or offensive behavior to some or all of the public in other ways, we have the right to suspend your access to Party B service, freeze your account, terminate your access to our service and/or immediately terminate this Agreement after prior notice. XIII. Ownership / intellectual property 1. Party B shall own all and relevant rights, ownership and interests (including but not limited to ownership, intellectual property, neighboring rights and other rights and interests) of the Party B services under this Agreement. You agree that your use of specific Party B services will not in any way provide you any rights or benefits, including but not limited to any in-game rewards, achievements, characters, virtual currencies, levels or other content (if any). You further confirm that Party B may, at its sole discretion, stop providing you with any role data, game progress, game customization and/or other data related to Party B services at any time without prior notice. 2. Any Party B service (including trade secrets, database rights, copyright, patents, trademarks and other intellectual property rights and interests) is subject to any applicable law (including, but not limited to, any applicable copyright law and international treaties). Specifically, any material belonging to Party B service (including but not limited to any content, website, game, program, tool, source code, object code, HTML, content, file, patch, update, modification, derivative work, printed or electronic document, instruction, design, account number, password, theme, concept, story, storyline, technology, architecture, logic, structure, sequence, organization, symbol, text, data, sound, photo, audio clip, audio-visual, video, draft, graphics, logo, name, button icon, vehicle image, accessory, virtual component, equipment, material, selection and layout, title, operation method, software, related documents and other functions included in Party B service) are protected by applicable laws, and you may not use it without the authorization of Party B. 3. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, capture, display, publish, transmit or sell any Party B service in any form or in any way without the prior written permission of Party B. Any use of our materials, including but not limited to the production of derivative works, requires the prior and clear written consent of Party B. Please note that any unauthorized reproduction or redistribution of Party B services will be prohibited and may result in serious legal penalties. 4. Party B is the sole owner of the rights, ownership and interests (including intellectual property rights, neighboring rights and other rights and interests) in Party B services. You acknowledge and agree that your use of the Party B service will not result in any right or interest in the Party B service, unless expressly granted in accordance with this Agreement. XIV. Termination of the Agreement 1.Without limiting any other rights of Party B, if you breach any term or condition stipulated in this Agreement or any other agreement or policy referred to in this Agreement, this Agreement will automatically be terminated without prior notice. You shall remove the Party B game from all devices that have installed Party B game and stop using Party B service immediately. After the termination of this Agreement, you will no longer be able to exercise any rights granted to you by Party B, and you must destroy all copies of Party B games. 2.You understand that Party B can unilaterally terminate this agreement based on the update, change, operation and other reasons of the game without any legal liability. Even upon the termination/ expiration of this Agreement, you shall still perform the obligations you should perform before the termination/ expiration. Similarly, all rights of Party B and all authorizations granted to Party B (if any) shall survive the termination of this Agreement. XV. Personal information protection We respect and protect Party A's personal information. Except as required by law, we will not arbitrarily sell, exchange, lease or disclose Party A's personal information without its consent, including Party A's name, address, e-mail address and other personal data protected by law. The scope of collection, processing and use of Party A's personal data and the rights and application procedures of Party A's right to read, copy, supplement, correct or request to stop the collection, processing, use or request to delete personal data in accordance with the personal data protection law will be stipulated in the Privacy Policy, which is an inseparable part of this Agreement. You can read the Privacy Policy for details. XVI. Change of service terms 1. When Party B modifies the terms of service, the modification announcement shall be displayed on the home page of the game website and the game login page, and sent to Party A for notification in writing or by e-mail. 2. If Party B fails to make announcement and notice in accordance with the preceding paragraph, the change shall be invalid. 3. Within 15 days after the delivery of the notice stated in the first paragraph, Party A shall: (1)If Party A does not express any objection, it shall be deemed that Party A has accepted the content changed by Party B. (2)If Party A objects, it shall be deemed as Party A's notice to Party B to terminate the service terms. XVII. Applicable law and court of jurisdiction This Agreement shall be governed by and construed in accordance with the laws of Chinese (excluding the principle of conflict of laws). You agree and acknowledge that any claim or legal action between you and Party B shall be submitted to SIAC for arbitration, and the arbitration shall be conducted in accordance with the arbitration rules of SIAC. The arbitration award is final and binding on both parties. Based on applicable laws and regulations, both parties confirm that any dispute resolution process, whether in arbitration or in court, will be conducted on an individual basis, not on a collective or representative basis. XVIII. Divisibility If any provision of this Agreement is determined to be invalid or declared illegal, invalid or unenforceable for any reason, it shall be split and removed from this Agreement and the rest of this Agreement will not be affected. XIX. Non-transferable You may not transfer, charge or subcontract all or part of your rights or obligations under this Agreement by legal or other means without the prior express written consent of Party B. Otherwise, Party B may terminate the service at its sole discretion without prior notice. If the transfer cannot be restricted by the laws of your country or residence, this Agreement will be binding on you and your recipient. Notwithstanding the foregoing, Party B shall have the right to transfer, charge or subcontract all or part of its rights or obligations under this Agreement at any time. XX. Contact information If you have any questions about this Agreement or there is any dispute arising from or in connection with this Agreement, please contact us first, please contact us by email via zomislandcs@gmail.com