END USER LICENSE AGREEMENT
INTRODUCTION
Welcome to EGGTART .This term of services (“Agreement”) is entered into between you and us and shall apply whenever you play our game or otherwise access any of our other products, services, content, websites and/or the other domains provided by us (the Game, products, services, content, websites and the other domains shall be jointly referred as the “Services”). When we use the terms “we”, “us” or “our” and other derivatives. We are referring to EGGTART HK LIMITED and affiliates. Affiliate in this Agreement shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. If you have any questions regarding this Agreement, please contact us as described in the Section 18.
Our Services are not designed for Minor, and since a “Minor” is usually considered to be under the age of [16（EU）/19（KOREA and other countries or regions ）/18 (JAPAN and other countries or regions）Subject to the laws of your country/region] under applicable law of most regions, we do not directly provide Services to Minor under the age of [16]. If you are under the [16] you shall ask for the consents of your parent or legal guardian before using our Services.
THIS AGREEMENT WAS TAILORED ACCORDING TO GENERAL INDUSTRY RULES, PRODUCT FEATURES AND USER REQUIREMENTS, YOU ARE WELCOMED TO EXPRESS YOUR ADVICE AND SUGGESTIONS CONCERNING THE IMPROVEMENTS OF OUR SERVICES INCLUDING THIS AGREEMENT BY CONTACTING OUR CUSTOMER SERVICES, WE WILL ADOPT THE APPROPRIATE SUGGESTIONS AFTER THOROUGH REVIEW. BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, IF YOU CLICK “AGREE” OR “ACCEPT” BUTTON OR USE OUR SERVICES, SUCH AS DOWNLOADING OR POSTING ANY CONTENT THROUGH OUR SERVICES.YOU WILL BE DEEMED TO HAVE ACCEPTED SUCH CHANGES BY CONTINUING TO USE THE SERVICE. IF AT ANY POINT YOU DO NOT AGREE TO ANY PORTION OF THE THEN-CURRENT VERSION OF OUR TERMS OF SERVICE, THE PRIVACY POLICY, OR ANY OTHER POLICY, RULES OR CODES OF CONDUCT RELATING TO YOUR USE OF THE SERVICE, YOUR LICENSE TO USE THE SERVICE SHALL IMMEDIATELY TERMINATE, AND YOU MUST IMMEDIATELY STOP USING THE SERVICE. PLEASE CAREFULLY READ AND FULLY UNDERSTAND EACH CLAUSE OF THIS AGREEMENT.
1. CHANGES TO THIS AGREEMENT
1.1 We may occasionally make changes to this Agreement. You acknowledge and agree to review this Agreement from time to time to stay in touch with any changes.
1.2 We reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant our policies at any time by posting the amended terms on our Service. Where we make any material changes to this Agreement (as determined by us), we will notify you at least one of the ways through website announcement, push notice, pop-up notice or other methods. If you do not agree with such change, you can choose to stop using our Services. If you continue to use it, it signifies that you have fully read, understand and agree to be bound by this Agreement as amended.
2. GAME ACCOUNT
2.1 You need to register a game account in order to use and enjoy our game as a User. If you are under the [16] ([EU）/19（KOREA and other countries or regions ）/18(JAPAN and other countries or regions）) you shall ask for the consents of your parent or legal guardian before using our services. We may provide the option for you to log in your account and access the game or use your credentials (e.g., username and password) from a third party recognized by us. If You choose to use this feature, you acknowledge and agree that we may obtain Your information from such third party.
2.2 When registering as a user, you must select a unique username (or nick name), password and provide certain other requested information. You should not use your real name and may not use a username or persona that is used by someone else or that we determines is vulgar, offensive, infringes someone else’s rights, or violates this EULA. You agree to provide accurate, up-to-date and complete information and maintain such information accurate, up-to-date and complete.
2.3 According to the laws, regulations or policy requirements of some countries and regions for purposes such as to protect the minors, you may be required to provide your personal information for identity verification before entering the Game, under these circumstances, you acknowledge and agree to provide your real information to ensure that your game services will not be terminated because your information is false or incomplete.
2.4 You acknowledge and agree that you shall be solely responsible for keeping your account secure and confidential (including but not limited to usernames, passwords or other related account information) and establish the appropriate security measures according to our requirements or guidelines. Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.
2.5 You acknowledge and agree that, since the game does not provide systems and rules related to the trading of accounts as well as the game services existing in any form within, therefore, in order to maintain the fairness and balance of the game environment, you will not transfer, sell, give, exchange, trade, lease, sublicense, rent or otherwise deal in any form with your account and the game services in any form within your account to any organization or individual. If you violates the rules above, we reserve the right to take necessary actions, including but not limited to terminate your account immediately.
2.6 We reserve the right to suspend or terminate your access to the Services at any time without any notice to you, including if you have failed to comply with any of the clause of this Agreement, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third-party rights (including intellectual property rights), or violate any applicable laws or regulations. If you confirm that you do not have any violations of laws, regulations or this Agreement, you can contact us through our official customer support system, and we will help you to restore your game service as much as we can after verification.
2.7 When it is necessary to terminate the use of account services, you can apply to cancel your game account. For the specific application process, please refer to the relevant operating instructions in the game. In addition, please ensure that you agree to any rules regarding game account cancellation while meeting the relevant conditions published by us regarding game account cancellation. At the same time, we also specially remind you that if you cancel your game account, all game virtual props and other value-added services under the game account will also be removed. Accordingly, before you cancel the game account, please ensure that the game virtual items and other value-added services or related content under the game account have been properly handled. Your successful cancellation of this game account is regarded as your voluntary waiver of relevant content and benefits, and we reserve the right to clean up all its content, and any and all consequences arising therefrom will be borne by yourself. The aforementioned game benefits include but are not limited to: game membership rights and levels; all data related to the growth and upgrade of game characters (including but not limited to experience points, honor points, prestige points, titles, etc.); unused game virtual items (such as coupons, gold coins, etc.); other value-added services that have been purchased but not expired or not used up; other game revenue that has been generated but not consumed or expected future game revenue, etc.
3. LICENCE TO USE LICENSED ITEMS AND RELEVANT RULESSUBJECT TO YOUR AGREEMENT AND CONTINUING COMPLIANCE WITH THESE TERMS OF SERVICE AND ANY OTHER RELEVANT POLICIES, WE GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE AND LIMITED LICENSE TO ACCESS AND USE THE SERVICE FOR YOUR OWN NON-COMMERCIAL ENTERTAINMENT PURPOSES. YOU AGREE NOT TO USE THE SERVICE FOR ANY OTHER PURPOSE.
3.1 Software License
Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable license, under which you may only on your own devices to use the Software in object code format for your own personal and non-commercial use in accordance with any instructions and this Agreement.
3.2 Virtual Goods and Virtual Currency License
Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable license to use the game services including Virtual Goods and Virtual Currency, purchased by you or obtained from other ways permitted by us, in accordance with any instructions and this Agreement.
3.3 Game Content License
Game Content shall mean any 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 Game or the Services. Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Game Content in accordance with any instructions and this Agreement.
3.4 Relevant Rules
a. The Licensed Items may only be used for non-commercial and personal purposes.
b. You confirm and agree that you will not use, copy, adapt, modify, produce derivative works, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Licensed Items, except only as expressly permitted hereunder.
c. You shall not record, broadcast or share with others the content of Game in any way without our written consent, including but not limited to web-casting and broadcasting Game through any third-party software.
d. You acknowledge and agree that, if you are unsure whether your use is prohibited or restricted in the manner and circumstances described above, you will contact our customer support team and get confirmation prior to taking any action.
4. USER CONTENT
4.1 “User Content” shall mean feedback, suggestions, comments, ideas, software, code and/or any other information that you provide, publish, or otherwise communicate directly or indirectly to us regarding the Services or the Game.
4.2 You confirm that you irrevocably grant us a global, irrevocable, fully paid up, royalty-free, sub-licensable, transferable, assignable and unlimited license, allowing us to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes.
4.3 You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights.
5. BETA SOFTWARE TESTING
5.1 When you participate in a “test period” or a “beta version” game or something of that kind may be agreed upon separately and your access to our game may be subject to specific rules, such as limited period or limited number of users to access to the game, we reserve rights to modify or delete the game data of users. Please read carefully. We appreciate your cooperation and User Content upon our beta version of the Game.
5.2 Betas are not commercial launch versions (a “Beta”), are not guaranteed to work properly, and may make other parts of your system not work properly as well. For you to have permission to use the Beta, you acknowledge and agree to the following terms in addition to the rest of this agreement:
a. Your right to use the Beta may be limited in time, and may be subject to additional Terms;
b. We may automatically delete or modify the information stored on your device(s) related to the Beta for any reason at any time during the duration of the Beta test;
c. We may terminate the Beta test at any time, which would then render your Beta unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your device(s) and all documents and materials you received from us in connection with the Beta;
d. Use of a Beta is subject to confidential treatment of that Beta and all elements thereof. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the Beta (including any feedback provided and the App itself). You agree that you will:
(1) Not use any Confidential Information other than as necessary to use the Beta in accordance with this agreement;
(2) Maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;
(3) Not disclose the Confidential Information to any person or entity other than as permitted by us in written; and
(4) Not make any public announcements related to Beta or the Service, including publishing or disclosing any information such as videos relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion.
(5) Termination of a Beta by us is not grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency;
6. USERS’ CODE
6.1 Compliance with Applicable Laws and Regulations
You shall comply with the laws and regulations during the use of Game or Services. You shall not use Game or Services to engage in any illegal conducts.
6.2 Prohibited Activities
You agree and confirm that you may not engage in any of the following prohibited activities on or in relation to our Services, or allow any person to use your Account with us to do the same:
a. delete the copyright information on the game software or its copies;
b. reverse engineer, reverse assemble, reverse compile the game software;
c. use illegal or inappropriate methods that may interrupt the operation, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
d. use Services through third-party software, plug-in, cheating tool or system that is not authorized by us, or creating, publishing and propagating third-party software, plug-in, cheating tool and system that is not authorized by us，whether it's for commercial purposes or not;
e. lease, lend, copy, modify, assemble, publish, or establish mirror site of the content in the Game or Services;
f. posting or spreading illegal or inappropriate information (including but not limited to information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable);
g. Post any discriminatory content, including but not limited to race, gender, sexual orientation, age, occupation, or any other discrimination speech concerning that identity and legitimate preferences of others;
h. Post any content that does not respect the religion and customs of others.
i. Making transaction of game account, sharing account, rental account, gift account and conducting other activities that affect account safety.
j. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests of us or third-parties.
k. You specifically acknowledge that any use and discussion of the Game Service by you is limited to the Game content itself, and does not include any political or religious related content.
l. You specifically undertake not to engage in cyber or real-life bullying of any person or organization in the course of using the Game Service, and if you become aware of any such occurrence, you will certainly take any reasonable measures to try to stop it.
m. Publishing political-related remarks in the game.
n. Any other activities without our express authorization or permission.
6.3 Punitive Measures
If you engage in any of the above prohibited activities, we are entitled to take certain punitive measures concerning your violation, include but are not limited to:
a. a warning; and/or
b. block from posting, content reset; and/or
c. reducing or limiting your game's virtual goods reward, including but not limited to the improvement of all the data related to the game's character growth and upgrade (such as experience value, honor value, reputation value, etc.) and the obtaining of game props, equipment, virtual currency and other virtual items; and/or
d. deleting or canceling your game account, Game Data or other game related information; and / or
e. forcing you to quit the entire game, or a single battle in the game, or other game behavior you are working on; and / or
f. restricting, suspending or terminating your use of Game and related services, or unilaterally notifying you of the termination of this Agreement; and / or
g. other measures that are announced through game rules (including but not limited to player regulations, game announcements, tips and notices).
7. PAYMENTS, FEES AND CHARGES
7.1 You may from time to time make payments to us or other third parties in relation to the Licensed Items. You agree that you will comply with, all terms and conditions of the relevant payment service (whether that payment service provider is us or a third party). You agree that you are solely responsible for all fees and taxes associated with any Licensed Items.
7.2 The specific charging items or charging rates of the Services are subject to the official information released by us. We are entitled to change or adjust the charging items or charging rates at our own discretion for the improvement of our game environment and services.
7.3 You agree that when you use the game service, any purchase you make is a well-considered and rational purchase, and if you are minor, you are sure that you have obtain the consent and confirmation from your parents or legal guardian before you make your payments. Any payments you make to us in exchange for your use of any Licensed Items is final and non-refundable, except otherwise agreed by you and us or required by applicable laws and regulations.
7.4 AS SOME COUNTRIES OR REGIONS HAVE SPECIAL LAWS AND REGULATIONS (SUCH AS KOREA), IF YOUR COUNTRY OR REGION HAS SPECIAL LAWS AND REGULATIONS FOR GAME REFUNDS, THE SPECIAL LAWS AND REGULATIONS SHALL PREVAIL.
7.5 EUROPEAN AND UK USERS: YOU KNOW AND AGREE THAT DUE TO THE PARTICULARITY OF GAME PRODUCTS, WHEN YOU AGREE TO THIS USER AGREEMENT AND START USING GAME SERVICES, YOU CONFIRM TO WAIVE THE 14-DAY REFUND RIGHT. WE WILL REMIND YOU AGAIN ON THE PURCHASE PAGE IN THE MALL, BUT AGREEING TO THIS AGREEMENT SHALL BE DEEMED THAT YOU HAVE KNOWN AND AGREED.
8. VIRTUAL GOODS AND VIRTUAL CURRENCY
8.1 You may purchase our services including virtual, in-game currency (Virtual Currency) and virtual, in-game digital items (Virtual Goods) with real money. You acknowledge and agree that Virtual Currency and Virtual Goods shall never be redeemed for real money or exchange any item with monetary value. You understand that both Virtual Currency and Virtual Goods are unseparated parts of our game and are licensed, not sold, to you under this Agreement.
8.2 Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country/region. Except supported by the design of in-game systems and game play, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods.
8.3 We reserve the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods as well as other game services. You acknowledge and agree that we may engage in actions that may impact the perceived in-game value or purchase price of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
8.4 Any of the above mentioned game services is non-refundable unless the Game operation is terminated or otherwise determined by us.
8.5 If the game service is terminated or a refund of a certain scale is necessary under special circumstances, we will notify you the reason, conditions, scale, method and alternative compensation plan of the refund by email, in-game notification and announcement, or announcement on our official website. You acknowledge and agree that: due to the large size of the game players, the above refund plan will be time-limited considering the efficiency and fairness, and if you fail to participate in time due to the reasons attribute to you, you will probably not be able to receive any refund or redemption, therefore, you agree to check our in-game announcements and notice from time to time when using our game services, and you will contact us and provide feedbacks once you come across any questions.
8.6 IF THERE ARE SPECIAL REGULATIONS IN THE LAWS OF YOUR COUNTRY OR REGION, YOU CAN NOTIFY US IN WRITING TO TERMINATE THIS AGREEMENT WITHIN 7 or 14 DAYS OF STARTING THE GAME. IN THE PRECEDING PARAGRAPH, YOU HAVE TO REQUEST A REFUND FROM US FOR THE UNUSED PAID VIRTUAL CURRENCY AND VIRTUAL ITEMS.
8.7 We especially remind you not to obtain any game account, game props, game equipment, game currency, etc. through any unofficial means, such as purchasing, accepting gifts or other means, we do not bear any responsibility for any unofficial transactions, and will not accept any complaints arising from any dispute arising from unofficial transactions, and any and all losses arising therefrom will be borne by you.
9. INTELLECTUAL PROPERTY
9.1 All copyrights, trademarks, patents, trade secrets and other intellectual properties, along with other legitimate rights and interests of the Game (including but not limited to the software, overall Game, Game Content, and the continuous dynamic pictures presented when running Game), as well as all information and contents related to Game and Services shall be owned by us, except for the rights enjoyed by the relevant right owners in accordance with the laws.
9.2 Without prior written consent from us, You shall not use, modify, copy, distribute, reproduce, display by any means, in whole or in part, or otherwise exploit the Game or Services or disseminate the content of Game through information network. Please note any unauthorized reproduction or redistribution of the Game shall be prohibited.
9.3 UGC（User-Generated Content） means any from of content such us creation work, feedback, suggestions, comments, ideas, software, code and/or any other information that you provide, publish, or otherwise communicate directly or indirectly to us regarding our services and platforms.
9.4 By uploading or contributing the UGC, you grant to us, an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, extra fee or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC in Games and our Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant our services without further notice, attribution, or compensation to you.
10. YOUR PRIVACY
Use of our Services is also governed by our Privacy Policy （https://m.eggtartgame.com/t2/405/7622.html）and other relevant policies, which are incorporated herein by reference. Our Privacy Policy (as amended from time to time) sets out how we collect, store and use your personal information which you provide while you use Your Account and any Licensed Items. Please review the Privacy Policy as well as these Terms.
11. ADVERTISEMENT AND THIRD- PARTY CONTENT
11.1 You agree that the services may contain marketing or promotional content of the Game. You may use your device setting to opt out of receiving such marketing or promotional content.
11.2 Our services may contain links to other sites and resources (such as, software, tools, plug-ins and data) provided by third parties, contain content and services provided by third parties, or run advertisements, promotion or marketing activities for third parties (collectively, “Third-Party Content”). You acknowledge and agree that we are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy, quality, reliability or suitability of any Third-Party Content submitted to, transmitted or displayed by or linked by our services. We will bear no responsibility for your use of or relationship with any such Third-Party Content. Any reliance on or use of such Third-Party Content is at your own risk.
11.3 If you access any Third-Party Content through our Services, you must comply with any terms and conditions applicable to such content. If you access the services from a Third-Party Social Networking Site (“SNS”), such as Facebook or Google+, then you acknowledge that you have also complied with, and will continue to remain in compliance with, the terms of service/use of such SNS as well as the terms for the duration of your use of our services.
12. CHILDREN
PLEASE RECONFIRM AND PAY ATTENTION: OUR GAME IS NOT DESIGNED FOR CHILDREN, AND CHILDREN ARE DEFINED AS USERS UNDER THE AGE OF 16 (OR SPECIFIED BY THE LAWS AND REGULATIONS OF YOUR COUNTRY OR REGION OF RESIDENCE).
You must be thirteen (13) years of age or older to use the services. Additionally, if you are using or accessing the Services from a jurisdiction that requires a person to be older in order to participate legally in the Services, then you represent and undertake that you are of such legal age.
If you are over the age of 13 but under the age of legal majority ("Minor") as defined by the laws and regulations of your country of residence, you may use our Services only under the supervision of a parent or guardian.
13. WARRANTY AND DISCLAIMER
13.1 We warrant to you that we will provide our services using reasonable care and skill.
13.2 Apart from the warranty in the preceding sentence, to the extent permitted by applicable laws and regulations, all of our Services are provided on an “as is” and “as available” basis and neither us nor any of our affiliate companies 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: (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.
14. INDEMNIFICATION
14.1 You agree to defend, indemnify and hold us and/or our affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses arising from or in connection with:
a. your access or use of the our Services;
b. your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement (including your improper or unauthorised use of the Services, such as your failure to provide us with accurate account information, your failure to keep your password or account details secure and confidential);
c. any materials, User Content or other information provided by you or on your behalf;
d. your violation of any applicable laws or third-parties’ rights and interests; and/or
e. your other illegal or inappropriate behavior.
15. LIMITATION OF LIABILITY
15.1 TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE FOLLOWI AMOUNT:
THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF OUR SERVICES TO WHICH THE CLAIM RELATES IN THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY PROVIDED BY US FAILS TO PROVIDE ADEQUATE COMPENSATION.
15.2 TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE TO YOU FOR ANY OF THE FOLLOWINGS:
a. ANY ERRORS, MISTAKES, INTERRUPTION, SUSPENSION, TERMINATION OR INACCURACIES OF OUR SERVICES;
b. ANY DAMAGES OR LOSSES RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF US, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND OUR CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTER (SUCH AS FLOODS, EARTHQUAKES, EPIDEMICS, FIRE), SOCIAL EVENT (SUCH AS WAR, TERRORISM, RIOTS, ACTS OF CIVIL OR MILITARY AUTHORITIES, EMBARGOES, ACCIDENTS, STRIKES) OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
c. ANY DAMAGES OR LOSSES CAUSED BY ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS.
d. ANY DAMAGES OR LOSSES CAUSED BY ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY.
e. ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER PECUNIARY OR CONSEQUENTIAL LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, REVENUE, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
f. THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND.
g. IMPORTANT MATTERS: WE MAY DEEM IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS IN ORDER TO BALANCE THE GAME PLAY, THE USE OF THE GAME SERVICE. THIS UPDATES OR “RESETS” MAY CAUSE YOU TO EXPERIENCE FRUSTRATION IN THE GAME, AND MAY AFFECT YOUR RIGHTS CONCERNING YOUR CHARACTER, GAME, GROUP OR OTHER THINGS UNDER YOUR CONTROL. BESIDES, YOU MAY LOSE SOME OF YOUR “EARNED” OR “PURCHASED” IN-GAME VIRTUAL GOODS. WE RESERVE THE RIGHTS TO MAKE THESE UPDATES AND WILL NOT BE LIABLE TO YOU FOR ANY UPDATES.
15.3 THIS AGREEMENT GOVERN THE RELATIONSHIP BETWEEN YOU AND US (AND, WHERE RELEVANT, OUR AFFILIATES). YOUR DEALINGS WITH ALL THIRD PARTIES ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN THE SERVICES.
15.4 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
15.5 THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. TERMINATION
16.1 Without limiting any other rights of us, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any Agreements or policies referred herein. You may also terminate this Agreement by deleting our Game(s) from all devices on which you’ve installed and immediately stop your uses of our Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the Game(s) in your possession.
16.2 Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of us and the authorization (if any) granted to us shall still remain in effect and survive the termination of this Agreement.
17. GENERAL
17.1 Severability ou and us agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court or tribunal of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforce ability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
17.2 Entire Agreement. These Terms of Services, any supplemental policies and any documents expressly incorporated by reference herein (including but not limited to the Privacy Policy) constitute the whole legal Agreement between you and us and govern your use of the Services and completely replace any prior Agreements between you and us in relation to the Services.
17.3 No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
17.4 Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Game to access our Services. You should use your own virus protection software.
17.5 Assignment. You may not assign transfer, sublicense, pledge or delegate any of your rights or obligations under these Terms, by operation of laws or otherwise, without our prior written consent. Any purported assignment by you, without such consent, will be null and of no effect. We reserve the right to assign, transfer, sublicense, pledge or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.
17.6 Language. This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
17.7 Nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
18. APPLICABLE LAW AND JURISDICTION
IF A DISPUTE ARISES BETWEEN YOU AND US, WE SINCERELY ENCOURAGE YOU TO FIRST CONTACT US TO SEEK A RESOLUTION. YOU AGREE THAT LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION (WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAW PRINCIPLES) WILL GOVERN THESE TERMS, THEIR SUBJECT MATTER AND THEIR FORMATION. ANY DISPUTE ARISING OUT OF, FROM, OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING ANY QUESTION REGARDING EXISTENCE, VALIDITY OR TERMINATION OF THESE TERMS, SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (“HKIAC”) UNDER THE HKIAC ADMINISTERED ARBITRATION RULES IN FORCE WHEN THE NOTICE OF ARBITRATION IS SUBMITTED. THE LAW OF THIS ARBITRATION CLAUSE SHALL BE HONG KONG LAW. THE SEAT OF ARBITRATION SHALL BE HONG KONG. THE NUMBER OF ARBITRATORS SHALL BE THREE THE ARBITRATION PROCEEDINGS SHALL BE CONDUCTED IN CHINESE. NOTWITHSTANDING THE FOREGOING, WE MAY INSTITUTE A PROCEEDING FOR EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
THE LAW OF THE ARBITRATION CLAUSE POTENTIALLY GOVERNS MATTERS INCLUDING THE FORMATION, EXISTENCE, SCOPE, VALIDITY, LEGALITY, INTERPRETATION, TERMINATION, EFFECTS AND ENFORCEABILITY OF THE ARBITRATION CLAUSE AND IDENTITIES OF THE PARTIES TO THE ARBITRATION CLAUSE. IT DOES NOT REPLACE THE LAW GOVERNING THE SUBSTANTIVE CONTRT.
19. NOTICE
We may notify you via postings on（https://m.eggtartgame.com/）, or via e-mail or any other communications means to contact you. All notices given by you or required from you under these Terms or the Privacy Policy（https://m.eggtartgame.com/t2/405/7622.html） shall be in writing and send them to us in the following ways:
a. For any notices related to Master Chubby please send them to: service@eggtartgame.com ;
b. For any other notices, please send them to: service@eggtartgame.com .
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
20. REVISION DATE
This Terms of Services was last revised on 20/09/2023.
APPENDIX OF REFUNDS
FOR EU RESIDENTS ONLY:
1.1 Cancellation Policy
1.1.1 You have the right to cancel your order and withdraw from the contract between you and us (Contract), without giving any reason, and receive a full refund within 14 days from the day you place your order (Cancellation Period), BUT you acknowledge and agree that by downloading, streaming or accessing your Virtual Items, digital/online Games and/or Services, you will immediately lose this right to cancel once the download, streaming or accessing of such Virtual Items, digital/online Games and/or Services is complete, due to the nature of these Services.
1.1.2 This means that if you download, stream, consume or access the Virtual Items, digital/online Games and/or Services straightaway you acknowledge that you will therefore no longer have the right to cancel them.
1.2 Your refund following cancellation
1.2.1 We will provide you with a full refund of the cost of the order, or part of the order that you are cancelling within 14 days of receiving your notification that you wish to exercise your cancellation right described above. We will carry out this refund by using the same means of payment as you used for the initial transaction. If we issue you with a refund, you will cease to have access to the Virtual Item, digital/online Games and/or Services to which the refund relates.
Except as set out above or as otherwise required by law, we will not refund any amounts paid when: (i) you have been the victim of in-game scamming (however, we will try to assist you to recover your Account); (ii) your Account has been cancelled or suspended as a result of you violating these Terms; (iii) you have been using unauthorised software to access our Games and Services; (iv) we stop offering any of the Virtual Items, Games or Services for any reason or (v) you decide to cancel your Account.