Accepting the Terms
On April 26, 2019
These Terms of Service (¡°Terms¡±) are a legally binding agreement between War of Giants Game
Interactive and its Affiliates (¡°War of Giants Game¡± or ¡°us¡±) and
you. Affiliates shall mean subsidiaries, parent companies, joint ventures and
other corporate entities under §â§Ñ§Ò§à§ä§Ñ §Ó §Þ§à§ã§Ü§Ó§Ö common
ownership with War of Giants Game. By using or accessing our mobile or web
applications, games, websites, and/or other services owned, operated and
published to you by War of Giants Game (the ¡°Services¡±) you agree to be bound by these Terms. You further agree that you
have read, understand, and accept these Terms by your use and continued use of
the Services.
Right to Use The
Services
Subject to your compliance with these
Terms, War of Giants Game grants to you a non-exclusive, personal, worldwide,
non-transferable and revocable limited license to access and use the Services
solely for your own non-commercial entertainment purposes by accessing the
Services through a web browser or mobile device. You explicitly agree that you
will not use the Services for any other purpose other than as provided for by
these Terms. You agree not to copy, modify, create a derivative work of,
reverse engineer, decompile or otherwise attempt to extract source code of the
Services or to allow or assist anyone else to do so.
War of Giants Game expressly reserves the
right to deny anyone access to the Services at any time for any reason with
or §Ú§Ô§â§à§Ó§í§Ö §ã§Ý§à§ä§í without
notice. You agree that War of Giants Game may cease providing the Services or
change the content of the Services at any time for any reason with or without
notice to you without liability.
You represent that you are thirteen (13)
years old or older. YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE
SERVICES. If you are between the ages of thirteen (13) and eighteen (18), you
represent that your legal guardian has reviewed and agrees to these Terms.
You may not use the Services if you are
barred from using the Services under the laws of the United States or other
countries, including the country in which you are resident or from which you
use the Services. You agree that your use of the Services will comply with all
applicable laws, regulations and ordinances including, but not limited to, the
export laws of the United States relating to software and data.
Account With War
of Giants Game
You may be required to register and
establish an account in order to use the Services. You agree to provide
accurate and complete registration information, and you will be responsible for
keeping your password confidential.
Your account is unique to you, and you may
neither transfer (or otherwise make available) your account to others, nor use
anyone else¡¯s account at any time. If you distribute
your account or related information, War of Giants Game reserves all rights to
terminate your account immediately and without refund.
You are responsible for maintaining the
confidentiality of your account information (including usernames, passwords and
billing information). War of Giants Game is not liable for any loss that you
may incur as a result of someone else using your account, whether
or not that activity is authorized by you.
You are liable for any losses or damages
incurred by War of Giants Game or any third party as a result of someone else
using your account. In the event of theft, unauthorized use, or any other
breach of security on your account, you must notify War of Giants Game
immediately.
You are responsible for any
and all activities that occur under or in connection with your account
created in order for you to use the Services.
Intellectual Property/Ownership
All materials that are part of the
Services (including, but not limited to, designs, text, graphics, pictures,
video, information, applications, software, music, sound and other files, and
their selection and arrangement) are protected by law from unauthorized use.
The entire contents of the Services are copyrighted under the Hong Kong
copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part
of the Services may be modified, copied, distributed, framed, reproduced,
republished, downloaded, scraped, displayed, posted, transmitted, or sold in
any form or by any means, in whole or in part, or otherwise exploited without War
of Giants Game¡¯s express prior
written permission, except that the foregoing does not apply to your own User
Content (as defined below). All other uses of copyrighted material, including
any derivative use, require express prior written permission from War of Giants
Game. Any reproduction or redistribution of materials not in accordance with
these Terms is expressly prohibited and may result in severe civil and criminal
penalties.
War of Giants Game and/or its licensors
remain the owners of right, title, and interest, including copyrights and other
intellectual property rights, in and to all materials posted on the Services by
War of Giants Game. You acknowledge that you do not acquire any ownership
rights by using the Services or by accessing any materials posted on the
Service by War of Giants Game, or any derivative works thereof.
User Content
Any data, text, graphics, photographs and
their selection and arrangement, (¡°User Content¡±) uploaded
to the Services are subject, whether in whole or in part, to unlimited
commercial, non-commercial and/or promotional use by War of Giants Game. Text,
graphics, and photographs are uploaded by you and are the sole responsibility
of the person from whom the User Content originated. Thus, users are
responsible, and War of Giants Game is not responsible for any files users upload, post, or otherwise make available. War
of Giants Game may or may not regulate User Content and does not guarantee the
accuracy, quality, or integrity of any User Content posted via the Services. By
using the Services you acknowledge and accept that you
may be exposed to material you find offensive or objectionable. You agree that War
of Giants Game will not under any circumstances be liable for any User Content,
including, but not limited to, errors in any User Content, or any loss or
damage incurred by use of the User Content. War of Giants Game reserves the
right to remove and permanently delete any User Content from the Services with
or without notice.
You agree that you are willingly
publishing the User Content on the Services using technology and tools provided
by War of Giants Game. You understand and agree that you may not distribute,
sell, transfer or license your User Content and/or application in any manner,
in any country, or on any social network or other medium without the explicit
written permission of War of Giants Game. You grant War of Giants Game the
right to act as an agent for User Content on your behalf as operator of the
Services.
Virtual Currencies/Goods
The Services may include an opportunity to
purchase virtual, in-game currency (¡°Virtual Currency¡±) that
may require you to pay a fee using ¡°real money¡± to obtain the Virtual Currency. The Services may also include
virtual, in-game digital items (¡°Virtual Goods¡±) that may be purchased from War of Giants Game for ¡°real money¡± or for Virtual Currency. Virtual
Currency and Virtual Goods can never be redeemed for real money, goods, or any
other item of monetary value from War of Giants Game or any other party. You
understand that you have no right or title in Virtual Goods or Virtual
Currency.
Your purchase of Virtual Currency and/or
Virtual Goods is final and is not refundable, exchangeable, transferable,
except in War of Giants Game¡¯s sole discretion. You may not purchase, sell, or exchange Virtual
Currency or Virtual Goods outside the Services. Doing so is a violation of the
Terms and may result in termination of your account with the Services and/or
legal action.
War of Giants Game retains the right to
modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods
at its sole discretion. Prices and availability of Virtual Goods are subject to
change without notice.
Rules of Conduct/Usage
The Services may provide communication
channels such as forums, communities, or chat areas (¡°Communication
Channels¡±) designed to enable you to communicate
with other users of the Services. War of Giants Game has no obligation to
monitor these Communication Channels, but we may do so and reserve the right to
review materials posted to the Communication Channels and to remove any
materials, at any time, with or without notice for any reason, at our sole
discretion. War of Giants Game may also terminate or suspend your access to any
Communication Channels at any time, without notice, for any reason. You
acknowledge that chats, postings, or materials posted by users on the
Communication Channels are neither endorsed nor controlled by War of Giants
Game, and these communications should not be considered reviewed or approved by
War of Giants Game. War of Giants Game will not under any circumstance be
liable for any activity within Communication Channels.
You agree that all your communications
with the Communication Channels are public, and thus you have no expectation of
privacy regarding your use of the Communication Channels. War of Giants Game is
not responsible for information that you choose to share on the Communication
Channels, or for the actions of other users.
You agree that your use of the Services
shall be lawful and that you will comply with the usage rules. In furtherance
of the foregoing, and as an example and not as a limitation, you agree not to
use the Services in order to:
Privacy and Protection of Personal
Information
Information collected from you is subject
to the pertinent social network¡¯s policy. By using the Services, you may be granting your social network
permission to share your e-mail address and any other personally identifiable
information with War of Giants Game. Please see War of Giants Game¡¯s Privacy Policy for more information on
the collection and use of your information. You acknowledge and agree that the
Privacy Policy is incorporated and made part of these Terms.
Disclaimer of Warranty
You agree that your use of the Services
shall be at your sole risk, and that War of Giants Game provides the Services
on an ¡°as
is¡± basis. To the fullest extent permitted by law, War
of Giants Game, its Affiliates, officers, directors, employees, and agents
disclaim all warranties, express or implies, in connection with the website and
your use thereof including implied warranties of title, merchantability,
fitness for a particular purpose or non-infringement, accuracy, authority,
completeness, usefulness, and timeliness. War of Giants GAME HEREBY DISCLAIMS
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. War of Giants Game makes no
warranties or representations about the accuracy or completeness of the content
of the Services and of the content of any sites linked to the Services; War of
Giants Game assumes no liability or responsibility for any (i) errors,
mistakes, or inaccuracies of content, (ii) personal injury or property damage,
of any nature whatsoever, resulting from your access to and use of the
Services, (iii) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from the Services, (v)
any bugs, viruses, Trojan horses, or the like which may be transmitted to or
through the Services by any third party, and/or (vi) any errors or omissions in
any content or for any loss or damage of any kind incurred as a result of the
use of any content posted, emailed, transmitted, or otherwise made available
via the Services.
Limitation of Liability
War of Giants GAME DOES NOT GUARANTEE THAT
YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS,
OR THAT War of Giants GAME WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY
SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY DISPUTE WITH War of Giants GAME IS TO STOP USING THE SERVICES, AND TO
CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT War of Giants GAME IS NOT
LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR
CONTENT ON THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS
OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER
CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY
CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION.
IN NO EVENT WILL War of Giants GAME BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THEY HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU FURTHER AGREE THAT War of Giants GAME
IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD War of Giants GAME LIABLE, FOR
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.
UNDER NO CIRCUMSTANCES WILL War of Giants
GAME BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE War of Giants GAME
PARLOR IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU
FIRST ASSERT ANY CLAIM.
Exclusion
Some jurisdictions do not allow the
exclusion of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to
you.
Indemnification by You
You agree to defend, indemnify and hold War
of Giants Game harmless from and against any claim, liability, loss, injury,
damage, cost, or expense, including attorneys¡¯ fees and costs, incurred by War of Giants
Game, arising out of or resulting from your access or use of the Services
including, but not limited to, your breach or alleged breach of any term, condition,
obligation, representation or warranty contained in these Terms; any User
Content posted, transmitted or provided by you or on your behalf; your
violation of any third party¡¯s intellectual property or other legal rights; and the illegal or improper
use of your user account.
Limitations Period for Claims
Notwithstanding any law to the contrary,
you agree that you will not initiate any legal action against War of Giants
Game arising out of or related in any way to your account(s), use of the
Services, these Terms, the Privacy Policy, and/or any related matter, more than
one (1) year after such cause of action accrues that is the basis of your legal
action.
Injunctive Relief
You acknowledge and agree that the rights
granted to you and your obligations to War of Giants Game under these Terms are
unique and irreplaceable in nature, and the loss of which will irreparably harm
War of Giants Game and cannot be compensated by monetary damages alone. You
agree that War of Giants Game shall be entitled to injunctive or other
equitable relief (without the obligations of posting any bond or surety) in the
event of any breach or anticipatory breach by you. You irrevocably waive all
rights to seek injunctive or other equitable relief and agree to limit your
claims to monetary damages only.
General
By visiting or using the Services, you
agree that the laws of Hong Kong, without regard to principles of conflict of
laws and regardless of your location, will govern these Terms and any dispute
of any sort that might arise between you and War of Giants Game. Any claim or
dispute between you and War of Giants Game that arises in whole or in part from
your use of the Services shall be decided exclusively by a committee of
jurisdiction located in Hong Kong, and you hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non conveniens with respect
to venue and jurisdiction in Hong Kong. War of Giants Game reserves the right
to amend, modify or revise these Terms at any time in any way, and you agree to
be bound by all amendments, modifications or revisions. Your continued use of
the Services after a change or update has been made will constitute your
acceptance to the changed Terms. You may not modify these Terms except in
writing hand signed by both you and War of Giants Game. For purposes of the
Terms, ¡°writing¡± does not mean an e-mail nor an electronic and/or facsimile
signature.
These Terms are the entire agreement
between War of Giants Game and you hereto relating to the Services, and the
Terms supersede and replace any prior agreements regarding the subject matter
contained herein.
You may not assign any of your rights or
obligations under these Terms, whether by operation of law or otherwise,
without the prior written consent of War of Giants Game, and War of Giants Game
may in its sole discretion terminate your account if any purported assignment
by you is made.