PLEASE READ THE TERMS AND CONDITIONS ("THIS AGREEMENT") CAREFULLY BEFORE YOU USE OUR WEBSITES AND SERVICES. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU SHALL NOT USE OR ACCESS OUR WEBSITES AND SERVICES. IF YOU CLICK THE " I ACCEPT " BUTTON OPTION BOX WHEN YOU REGISTER YOUR ACCOUNT OR OTHERWISE ACCESS OR USE OUR WEBSITES OR SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT.
Xiaoma Game, together with its affiliates will be referred to as "we", "us", "our" or Xiaoma Game in this Agreement. The date of this Agreement is set forth at the end of this Agreement. We reserve the right to change, modify, add, replace or remove ("Change") any clause from this Agreement. We will make commercially reasonable efforts to provide you with notice of any Change and will provide notice of Changes on the Websites. A Change will only apply to your use of the Websites on and after the date of the Change. If you access or use the Websites or Services after the date of the Change, you will be deemed to have accepted the Change.
IF YOU DO NOT AGREE WITH THE CHANGE, YOU CAN CHOOSE NOT TO USE OR ACCESS OUR WEBSITES AND SERVICES, OTHERWISE ANY USE OR ACCESS OUR WEBSITES AND SERVICES WILL BE DEEMED AS CONSENT TO THE CHANGE.
All Websites, Services, including without limitation all content, thoughts, ideas, expressions, information, pictures, graphics, data, text, audio, video, icons, games, software, excluding the Submissions are the proprietary assets of Xiaoma Game or its licensees. You are granted a personal, revocable, non-exclusive, limited, non-transferable, non-sublicensable, non-commercial license to access and use the Websites and Services solely for personal entertainment use, provided you completely comply with this Agreement and all other policies and terms on the Websites and Services. In case you are using or accessing the Websites and Services through a third party, your access or use of the Websites and Services shall also be governed by such terms and conditions between you and such third party. Except as explicitly provided herein, no rights will be granted to you, either by implication or operation of law, specifically, no rights of modification, copy, adapt, reverse engineer, distribution, use, display or otherwise disposition of the Websites and Services are granted to you. You acknowledge all rights under the Websites and Services are the property of Xiaoma Game and its licensors, all rights and titles in the Websites and Services, including without limitation, all patents, copyrights, trade secrets, trademarks, trade names and confidential information are reserved by Xiaoma Game and its licensors.
The Websites and Services are provided "AS IS" and you shall take all the risks associated with your access and use of the Websites and Services.
We reserve the right, at any time, to modify, suspend, or discontinue the Website and the Services, or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
For the purpose of accessing or using of the Websites or Services, we may require you to submit some of your personal information, including without limitation your email address, your name, your birth day, or payment information to create an Account ("Account"). You acknowledge and agree you are at your own choice to provide all the personal information. You acknowledge and agree you do not have any ownership or other proprietary interests in the Account. You represent and warrant that (a) the personal information you provided is accurate and current (including your email address); (b) you will maintain and update the personal information to assure it is accurate and most updated. In case any information provided by you is not accurate, untrue, not complete, not current or not updated, we shall have the right to terminate your access or use of the Websites and Services.
For the access and use of the Websites and Services, you may need to choose a user name. You agree the choice of the user name will be entirely at your own risk and you shall be solely liable for such choice. We shall have the right to refuse to grant, terminate, suspend or discontinue the user name chose by you in our sole discretion, i.e. when your choose of the user name (1) infringes or negatively impacts the rights of a third party; (2) breaches public policies, regulations or laws; or (3) negatively impacts the goodwill, normal operation or any other rights of Xiaoma Game.
You may also need to choose a password for the access and use of the Websites and Services. YOU WILL BE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND SECURITY OF YOUR ACCOUNT, USER NAME AND THE PASSWORD, INCLUDING ANYTHING ASSOCIATED WITH SUCH ACCOUNT, USER NAME AND THE PASSWORD. It is highly recommended to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
You shall not in any way use the Account of anyone else and you shall not allow anyone else to use your account. In case any damages or losses are incurred by your use of others' account or someone else using your account, with or without your consent, you shall be solely liable to such damages and losses and we shall in no case liable for such damages or losses.
There may be fees and charges incurred by your Account, you agree to pay all fees and charges incurred thereby, including all taxes. You understand and agree we may add new Websites and Services that require additional charges and fees at our sole discretion. You further understand and agree we may change or amend fees or charges for the current Services and Websites in our sole discretion. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THERE SHOULD BE NO REFUNDS FOR FEES AND CHARGES MADE THROUGH YOUR ACCOUNT BY Xiaoma Game.
In using our Websites and Services, there may be virtual currencies or credits. You acknowledge and agree the Virtual Currency or Virtual Items shall be used only for the purpose for the use of the Websites and Services and shall not be used for any other purpose. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY OR VIRTUAL ITEM HAS NO CASH VALUE AND CANNOT BE IN ANYWAY CONVERTED OR EXCHANGED TO ANY SUM OF MONEY OR MONETARY VALUE. You understand and agree Virtual Currency or Virtual Item is only a limited, personal, revocable, non-transferable, non-sublicenseable and non-commercial license granted by us to you in using the Websites and Services and shall in no way be viewed as your property.
We are entitled to provide you or any other customer with any amount of Virtual Currency or Virtual Item. We are also entitled to delete, change, manage, regulate, control or terminate any Virtual Currency or Virtual Item in your Account at our sole discretion. Further, we are entitled to change or impact the perceived value or pricing of Virtual Currency or Virtual Item in our Websites or Services. We are entitled to charge fees for the access and use of Virtual Currency or Virtual Items at our own discretion. ALL PURCHASES OF VIRTUAL CURRENCY, VIRTUAL ITEMS OR SUBSCRIPTIONS ARE FINAL AND UNDER NO CIRCUMSTANCES WILL BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE.
In case you get access to the Virtual Currency or Virtual Items via third party virtual currency or virtual items, you will also be bound by the terms and conditions of such third party and we shall not be liable for your agreement with such third party. You shall be jointly and severally liable to us if your agreement or performance thereof with such third party incurs any damages or losses to us.
You agree the amount, nature and quality of Virtual Currency and Virtual Items in your Account shall be determined and calculated solely by us.
You agree you will not engage in any transaction, selling, buying or exchanging of Virtual Currency or Virtual Items without our prior written consent ("Un-permitted Transaction"). You shall take entirely the risks arising thereof. In case any Un-permitted Transaction comes to the awareness of us, we shall have the right to terminate, suspend, discontinue or reverse such transaction, including without limitation terminate, suspend, discontinue or reverse the Virtual Currency, Virtual Item or your Account.
In using our Websites and Services, there may be subscriptions subject to automatic renewal. In order to avoid losses caused by your failure to renew the subscriptions, you authorize us to deduct the fees for the next billing period on their behalf from the balance of your re-charge accounts, and third-party payment accounts, bank cards and communication accounts which are bound up with your Account (“Billing Account”) prior to the expiration of the valid period (including but not limited to per week/month/quarter/year). You are responsible that there is adequate deductible money or credit and that the Billing Account works. The subscriptions will not be renewed if the deduction is unsuccessful, for whatever reasons, and we are not liable for such failure of renewal.
Once the subscriptions become effective, we will deduct the fees for next billing period within 24 hours before the end of the current billing period from the Billing Account and extend your subscriptions for next billing period.
If you didn’t cancel the auto-renewable subscriptions 24 hours before the end of the current billing period, the subscription shall be automatically subscribed for next billing period, under which the fees for the next billing period will be deducted accordingly. If you cancel the subscriptions within the above period, they will not be renewed for next billing period, but they will not expire until the end of the current billing period, and any fee that has been deducted for the current billing period will be non-refundable.
If prices for any subscription is adjusted at the time of/prior to the automatic subscription renewal fees deduction, the currently valid prices shall prevail.
By using or accessing our Websites and/or Services, including using and accessing the Submissions (as defined below), you agree to follow the community rules and guidelines, which is incorporated as a part of this Agreement. You explicitly agree not to:
In case you are in breach of the Rules or this Agreement, Xiaoma Game shall have the right to, at its sole discretion:
By using our Websites and Services, you may have access to and use forums or areas where you and others can post or transmit information onto or through the Websites or Services, including through third party platforms ("Forums"). By posting, transmitting or leaving any photos, graphics, creative suggestions, ideas or User Ideas, notes, concepts, information, ratings or other materials ("Submissions"), you grant us a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. You understand and agree that we shall have no obligation or liability in your Submissions, including any obligation or liability of confidentiality.
You also understand there may be other customers making Submissions on the Forums, such Submission may be inaccurate, offensive, illegal, misleading or deceptive. We shall have no obligation for such Submissions and we are under no obligation to monitor or control the Submissions.
We shall have the right, but not the obligation to (1) alter, change, delete, remove or refuse the Submissions; (2) block your access to the Forums.
Upon our sole discretion, we will be entitled to terminate this Agreement with or without notice to you. Accordingly, we may terminate your access and use of the Account (including anything therein), Websites, Services, Virtual Currency and Virtual Items, Submissions, entirely or partly. You understand and agree we do not have any obligation to you by the termination of your account, including without limitation refunding of any charges or fees for the use and access of Websites, Services, Virtual Currency and Virtual Items.
We are entitled, but are not obligated to maintain the Account (including anything therein), Websites, Services, Virtual Currency and Virtual Items, Submissions.
The provisions of section 2, 3, 4, 7, 8, 9, 10, 11, 12, ,15,16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 shall survive the termination of this Agreement.
You should be at least 13 years of age to use and access our Websites or Services. By accessing or using our Websites and Services, you represent that you are at least 13 years of age if you are a user from United States, United Kingdom or Canada or if you are accessing or using the servers in United States, United Kingdom or Canada. If you are a user from other jurisdictions, you represent you are permitted to use and access our Websites or Services under the laws of such jurisdiction.
In case you submit any idea for new promotions, products, games, applications, technologies or processes or other ideas ("User Ideas") to us, you agree to grant us a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User Ideas in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. You understand and agree that we shall have no obligation in your User Ideas, including any obligation of confidentiality.
We are entitled to acquire non-personal information, with your prior consent, of your devices, networks or any part thereof, including information of hardware, software ("Device Information") for identification or other legal purpose. Specifically, we may use the information to identify any person or entity who is not in compliance of this Agreement or who is acting in breach of polices, laws or regulations.
To access and use our Websites and Services you shall be solely responsible to facilitate and acquire the devices and networks and pay any fees related thereto.
From time to time we may provide offers or initiate promotions ("Promotion") to our Websites or Services. The Promotions are governed by the rules for the Promotions in addition to this Agreement, so please read the rules carefully. If you decide to engage in the Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in order to get the Promotions.
You understand the access and use of the Websites and Services from jurisdictions where such access and use is illegal is prohibited. If you choose to access or use the Websites and Services in locations outside the United States, you shall be responsible to comply with all local rules.
If you are a copyright or trademark owner (or an agent of a copyright or trademark owner), and you believe that your copyright or trademark rights have been violated by any posting, submission or other content on the Websites, please contact us by email to [email protected]
In case you believe your copyright or trademark is infringed in a jurisdiction other than the United States, the procedures and laws of that jurisdiction shall also apply.
There may be links included in our Websites or Services which links to third party websites or services. You understand and agree that inclusion of the links does not indicate or in any way imply endorsement by us of any third party, third party websites or any association with the operators of such websites or services. We shall in no case be liable to any damages or losses incurred by you due to your use or access to such websites or services. You understand and agree you will be bound by the terms and conditions with the third parties operating the websites and services.
THE WEBSITES AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ITEMS OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY platform, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Xiaoma Game AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Xiaoma Game AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR SERVICES, INCLUDING WITHOUT LIMITATION ANY ITEMS OR SERVICES AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY platform, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR ON ANY THIRD PARTY platform ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF Xiaoma Game OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED THROUGH THE WEBSITES OR ON ANY THIRD PARTY platform, ARE ENTIRELY AT YOUR OWN RISK.
NEITHER Xiaoma Game NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR SERVICES, INCLUDING ANY SERVICES AVAILABLE THROUGH ANY THIRD PARTY platform, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES OR ANY THIRD PARTY platform. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR THROUGH ANY THIRD PARTY platform, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS, SERVICES, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Xiaoma Game FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE LOWER OF: (1) TOTAL AMOUNT PAID BY YOU TO Xiaoma Game IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE WEBSITES OR SERVICES; (2) 1000 US DOLLARS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND Xiaoma Game OR A REPRESENTATIVE OF Xiaoma Game CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You understand and agree the content shown on the Websites or Services may be inaccurate or incorrect, and the content may be changed or altered by a third party without our permission. We do not make any representations regarding the accuracy or correctness of the Websites and Services.
Xiaoma Game periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Xiaoma Game has no responsibility and is not liable for: (a) the unavailability of the Websites or Services; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Websites or Services, any Internet service providers, any third party platforms, or any Internet facilities and networks.
You agree to indemnify to defend and hold harmless Xiaoma Game and its officers, directors, partners, employees, consultants, and agents against any damages, losses, liabilities, fees, charges, including any attorney fees, incurred as a result of (a) any allegation that any Submission or other information you post, submit to us or transmit to the Websites or Services infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation of the this Agreement or any applicable laws or regulations; (c) your access to and use of the Websites and Services; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Websites, in the Services; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
The failure of Xiaoma Game to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Xiaoma Game.
Any dispute arising out of this Agreement will be govern by the laws of Hong Kong without reference to its laws of conflict, and all disputes shall be submitted to Hong Kong International Arbitration Center.
All claims or suits arising under or related to this Agreement shall be raised within 1 year of its occurrence.
If any provision of this Agreement is found to be unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The Terms and any related rights and licenses granted hereunder, may not be transferred or assigned by you without Xiaoma Game' prior written consent, but may be assigned by Xiaoma Game freely without restriction.
This is the entire agreement between you and Xiaoma Game relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Xiaoma Game with respect to such subject matter.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Xiaoma Game' performance of this Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of Xiaoma Game' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites, Services, including without limitation those available through third party platforms, and any information provided to or gathered by Xiaoma Game with respect to such use(s). A printed version of this Agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to this Agreement must be written in the English language
Any notices to Xiaoma Game may be delivered to: [email protected]