1 About These Terms
1.1 This Agreement is between you and 180C Limited (referred to as “180C”, “we”, “us” or “our”) concerning our online game and any related services (collectively referred to as our “Game”). By accessing and/or playing our Game, you agree to be bound by this Agreement. Additionally, while 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.
1.2 We may update this Agreement by posting the amended terms in our Game or websites. Your continued use of our Game will indicate your acceptance of the revised Agreement.
1.3 YOU CONSENT TO ENTER THESE TERMS ELECTRONICALLY, AND TO HAVE RECORDS RELATED TO THESE TERMS STORED IN ELECTRONIC FORM.
2.1 Subject to the laws of your residence country, minors may use an account that has been established by their parent or legal guardian. If you allow your minor child or legal ward (collectively referred to as “Child”) to use your account, you are agreeing to this agreement on behalf of both yourself and your Child. You understand and acknowledge that you will be held responsible for all of your Child’s account usage, whether or not such usage was authorized by you.
2.2 You agree to take necessary measures to protect your account information and keep it confidential. You also agree that you cannot transfer your account or any of the rights or obligations under this agreement to anyone else or share your account information with others without our prior consent.
3 User Conduct and Content
3.1 It is imperative that you adhere to the laws applicable to your location while using our Game. If there are any laws that restrict or prohibit you from playing our Game, you must comply with those restrictions or discontinue using our Game.
3.2 As a user of our Game, you have the ability to send, upload, communicate, transmit, or provide information, data, software, sound, photographs, graphics, video, tags, or other materials (collectively referred to as “Content”). It is your responsibility to ensure that any Content you provide via our Game, whether published publicly or sent privately, complies with applicable laws. Additionally, you must agree to the following terms regarding Content:
3.2.1 You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
3.2.2 You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
3.2.3 You will not provide 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;
3.2.4 You will not provide any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
3.2.5 You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
3.2.6 You will not provide any Content that contains anything that, in the sole determination of 180C, is objectionable or inhibits any other person from using or enjoying the Game, or which may expose 180C or its users to any harm or liability of any kind.
3.3 By playing our Game, you agree that you will not:
3.3.1 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;
3.3.2 use our Game in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
3.3.3 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;
3.3.4 use our Game for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
3.3.5 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;
3.3.6 remove or amend any patent notice, copyright notice or other intellectual property information from our Game;
3.3.7 collect any information, other than reasonably necessary for playing the Game, of other users; and
3.3.8 Unless otherwise specified, transfer virtual currencies such as gold coins and points (“Virtual Money”) or items or services for use within our Game (“Virtual Goods”) in any way once you purchase it, including but not limited to transaction, gift and exchange for real money.
3.3.9 use our Game in any other way not permitted by this Agreement or any posted guidelines or rules.
4.1 It is your responsibility to have the necessary devices for playing our Game, such as computers, mobile phones and pads. You must also cover any fees related to the use of these devices, including Internet, data and electricity fees. Please note that these fees are paid to third parties who are not related to this Agreement, and therefore we cannot be held liable for them.
4.2 Please note that due to the nature of online games, we may need to update our Game from time to time. Such updates may temporarily block your access to the Game and result in modifications to its content. We are not responsible for any losses you may incur as a result of these updates, unless they are due to our intent or gross negligence. However, we will make every effort to inform you of any updates in advance, unless it is an urgent circumstance.
4.3 If our Game is currently in a “test period” or a “beta version,” there may be specific rules that apply to your access to the Game. These rules could include a limited period or number of users who can access the Game, some users having privileges to access the Game, and our reserved rights to modify or delete game data of users, as well as irregular shutdowns of the Game servers. We kindly ask you to read these rules carefully, and your cooperation and feedback on the beta version of the Game would be highly appreciated.
5.1 We strive to offer accurate and reliable services through our Game. However, it is important to note that OUR GAME, INCLUDING THE RELATED SERVICES AND INFORMATION, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND FREEDOM FROM BUGS, ERRORS OR DEFECTS.
5.2 Please note that the following limitations of our liabilities do not override any liabilities required by the applicable laws. By using our game and/or related services, you expressly acknowledge and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THIS IS APPLICABLE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES MAY RESULT FROM: (I) YOUR 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 GAME 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 GAME 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.
6 Breach and Indemnification
6.1 We reserve the right to take appropriate actions, such as removing any Content related to the breach, restoring your Game data to the status before the breach, terminating your right to use our Game, taking legal action against you, or disclosing relevant information to law enforcement authorities, if we reasonably determine that you have violated this Agreement or any posted guidelines or rules. Any other actions specified in the posted guidelines and rules may also be taken.
6.2 As per this Agreement, you are responsible for indemnifying us and keeping us safe from any claims or damages made by third parties related to or resulting from the relationship between us. This includes any breaches of the Agreement. Additionally, we reserve the right to control the legal defense against any claims or litigation, and have the freedom to choose our own counsel and settle such claims as we see fit.
7 Intellectual property
7.1 180C and our associated 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.
7.2 The Game and all data, content and software associated with or generated within it 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 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 Game on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. You can use the Work obtained within our Game for so long as we operate our Game unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work (such as some Virtual Money and Virtual Goods) and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject to certain third party’s license such as open source license as stated in the Game or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
8.1 By playing our Game or using any related services, you may provide the following information to us:
8.1.1 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.
8.1.2 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 and operating system to improve your experience in our Game.
8.1.3 Your interactions with us, including but not limit to Content, claims, critics, suggestions, feedbacks, and investigations, as well as the information you provided to us during the interaction.
8.2 The above information may be provided by you when you: (1) register for an account; (2) update your account; (3) request technical service support; (4) purchase products or services; (5) enroll in subscription orders; (6) subscribe to newsletters or updates; or (7) make payments for items and advanced functions, within our Game or any related services.
8.3 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.
8.4 Information collected under this provision will be only used for:
8.4.1 Provision of our game to users;
8.4.2 Enhancement of user experience;
8.4.3 Identification of the most popular part of our game and estimation of our marketing initiatives; or
8.4.4 Notification of the Game updates to users.
8.5 Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties:
8.5.1 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.
8.5.2 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.
8.6 We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
8.7 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.
9 Governing law and Jurisdiction
9.1 Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or the User Agreement shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center.
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.
10.2 Entire agreement
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 any provision of this Agreement is deemed to be illegal, unenforceable, or void, both parties shall be exempt from fulfilling the obligations arising under that provision. The intention and agreement of both parties is to amend the provision to the extent necessary to make it legal and enforceable while preserving its original intent. If this is not possible, the provision shall be replaced with another provision that is legal, enforceable, and achieves the same objective. If the rest of this Agreement is unaffected and can be substantially executed, then the remainder shall be enforced to the extent allowed by law.
10.4 Waivers of our rights
If we fail to enforce any of the provisions of this Agreement, it should not be interpreted as a waiver of that provision or our right to enforce it later. Any waiver of a term or condition in this Agreement will only be valid if it is in writing, specifically refers to this Agreement, and is signed by us.
10.5 Contact Us
If you have any further questions this User Agreement or the privacy practices of us, please contact us via the contact information in the Game or on the official website of the Game.