USER LICENSE AGREEMENTS
Last Updated: 18 February 2024
I.Please read the terms and conditions of this Kunpan Games End-User
License Agreements (the "Agreement") carefully before using
the Game App and related services provided by Kunpan (the "Game
Services"). Your attention is specially drawn to the terms of the
Agreement with respect to exemption or limitation of the liability of
Kunpan (these terms are typically identified by the expressions such
as "disclaim all liabilities for" and "not liable
for") and other terms regarding limitation of users rights (these
terms are typically identified by the expressions such as "may
not").
II. BY CLICKING ON "I ACCEPT" AND
INSTALLING THE GAME APP OR REGISTERING, USING AND/OR CONTINUING USE OF
THE GAME APP OR SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND
CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS
AND CONDITIONS OF THE AGREEMENT, PLEASE DO NOT INSTALL OR USE THE
KUNPAN GAME APP OR SERVICES.If you do not agree to the terms and
conditions of the Agreement, please choose to stop using the Kunpan
Game Services, in which case Kunpan will be unable to provide you with
the complete services. If you accept the terms and conditions of the
Agreement or use Kunpan Game Services at your sole discretion, you
will be deemed to have fully understood the Agreement and agreed as a
party hereto to be bound by the Agreement and other agreements and
rules (including but not limited to the Privacy Policy) in respect to
Kunpan Game Services.
III. IF YOU ARE UNDER THE AGE OF 18
OR UNDER THE AGE OF MAJORITY STIPULATED BY THE APPLICABLE LAWS IN THE
TERRITORY OF DISTRIBUTION, YOU ARE ADVISED TO CAREFULLY READ AND FULLY
UNDERSTAND THE CONTENT OF THE AGREEMENT TOGETHER WITH YOUR GUARDIAN
AND ACCESS THE KUNPAN GAME SERVICES WITH THE CONSENT OF YOUR GUARDIAN.
YOU ALSO REPRESENT THAT YOU ATTAINED AT LEAST THE MINIMUM AGE TO
CONSENT TO DATA PROCESSING UNDER THE LAWS OF YOUR JURISDICTION AND ARE
NOT BARRED FROM ACCESSING THE SERVICES UNDER APPLICABLE LAW.You
acknowledge and agree that the parents (or guardians) are legally
obligated to manage and supervise the use of Game Service by underage
users and assume corresponding responsibilities. Failure to comply
with identity confirmation obligations may be considered identity
fraud against Kunpan. In such cases, Kunpan reserves the right to hold
you liable for civil liability, and any resulting losses shall be
borne by you or your parents (or guardians). IV. If you have any
comments or suggestions regarding the Agreement or Kunpan Game
Services, please contact Kunpan by sending an email to our customer
service email address: [
cs@kunpan.com ].
Article 1 Signatories to the Agreement
The Agreement is executed by and between the following two
parties:1. Kunpan: shall mean Hong Kong Kunpan Culture Entertainment
Co., Ltd. and its parent company, subsidiaries, branches and other
affiliates as well as other partners; Kunpan shall have the right to
provide you with the Game App and Services through Kunpan's or
its partners' websites and platforms.2. You: shall mean a natural
person who has obtained the non-commercial license of the Game App
through the legal channels provided by Kunpan for installing and using
the Game App or accepting the Game Services.
Article 2 Definitions and Interpretations
Except where specified to the contrary, the following terms shall have
the following meanings:1. Game App: shall mean the games operated by
Kunpan, including PC games, web games, HTML5 games ("H5"
games), mobile games, TV games and other forms of games; the games may
be provided as software applications, in which case, the said software
application and related documentation shall be also included.2. Game
Services: shall mean the operation services provided by Kunpan to you in
relation to the aforementioned game applications.3. Territory: shall
mean the region where Kunpan provides the Game App and Services to you,
i.e. your region.
Article 3 Statements on Intellectual Property Rights
1. All legitimate rights and interests in or to the Game App and
Services or all legally authorized intellectual property rights such
as copyrights, trademarks, patents, trade secrets and other legitimate
rights and interests, as well as all information contents related to
the Game App (including but not limited to software, technologies,
programs, web pages, texts, pictures, images, audios, videos,
graphics, layout design, electronic files, etc.) shall belong to
Kunpan, with the exception of the rights to which the relevant right
holders are entitled in accordance with the law.
YOU MAY NOT COMMERCIALLY USE OR EXPLOIT THE GAME APP AND SERVICES
(INCLUDING WITHOUT LIMITATION, THE GAME IN ITS ENTIRETY, ALL IN-GAME
ARTWORK, MUSIC, LITERATURE AND OTHER GAME COMPONENTS AND ELEMENTS,
AS WELL AS THE CONTINUOUS ANIMATIONS PRESENTED THROUGH OPERATION OF
THE GAME) IN ANY WAY OR DISSEMINATE THE GAME CONTENT OVER
INFORMATION NETWORKS WITHOUT THE PRIOR WRITTEN CONSENT OF
KUNPAN.
2.Kunpan respects and protects your intellectual
property right. You may provide Kunpan with works you've created
in a variety of products offered by Kunpan in various ways such as
uploading original audios. In such case, you retain intact
intellectual property rights in or to such content, and you shall
ensure that the content is legal and does not infringe upon the legal
rights and interests of any third parties.
YOU HEREBY IRREVOCABLY AUTHORIZE KUNPAN TO USE SUCH CONTENT IN ANY
WAY (THE TERMS "USE" SHALL INCLUDE WITHOUT LIMITATION,
REPRODUCTION, DISTRIBUTION, RENTAL, EXHIBITION, PERFORMANCE,
BROADCAST, MODIFICATION, ADAPTATION, DISSEMINATION VIA INFORMATION
NETWORKS AND OTHER FORMS OF EXPLOITATION, EITHER COMMERCIAL OR
NON-COMMERCIAL, IN-GAME OR OFF-GAME, HEREINAFTER REFERRED TO AS THE
"RIGHT OF USE"), AND AUTHORIZE KUNPAN TO SUBLICENSE THE
RIGHT OF USE TO THIRD PARTIES. YOU WARRANT THAT SUCH USE BY KUNPAN
WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL
RIGHTS AND INTERESTS OF ANY THIRD PARTY.
3. You understand and agree that the texts, graphics,
audios and videos that you post and upload when using the Kunpan Game
Services are either created by or the Agreement legally licensed to
you. The intellectual property rights of any content that you upload
and post through the Kunpan Game Services shall vest in you or the
original copyright holder. Kunpan only provides storage space for your
display. Kunpan reserves the right to screen, review, typeset, and
recommend uploaded content. Kunpan is entitled to withdraw or remove
the uploads without prior notice to you and without any liability to
you.
4. You acknowledge, understand and agree
to grant Kunpan a worldwide, perpetual, royalty-free, non-exclusive and
sublicensable (through multiple levels) license to, among others,
reproduce, disseminate over information networks, adapt, compile,
modify, translate, create derivative works from, perform and display the
content (if any, including but not limited to, texts, graphics, images,
audios, videos, music, sounds, and dialogues, etc.) that you upload,
post, transmit or disseminate through the Kunpan Game Services on the
Website or other websites, applications, products or terminal devices.
You acknowledge and agree that the aforesaid granted rights include the
right to use and otherwise exploit all or any portion of the content for
the purpose of disseminating, promoting, advertising and/or marketing
the content, Kunpan Game Services, Kunpan and/or its brand. For the
avoidance of doubt, you further acknowledge and agree that the rights
granted in the preceding paragraphs include, but are not limited to, the
right to license, reproduce, display and disseminate the personal
images, portraits, names, trademarks, service marks, brands, logos,
company logos and other materials that are either owned by or licensed
to you and placed into the content.
5. You acknowledge and
agree that you grant Kunpan the right to protect or permit a
professional third party to protect on your behalf, the rights of
content you upload and post and to which you have intellectual rights by
any means whatsoever, including but not limited to, monitoring
infringement, sending an infringement notice, instituting a legal action
or an arbitration, mediation, reconciliation. The Company may, in its
sole discretion, make decisions on rights protection matters and enforce
the same independently. Kunpan shall have the right, but not
obligation, to execute the aforesaid licensing.
6. Kunpan
provides technical support for the development and operation of Kunpan
Game Services and retains all rights and titles, to the extent
permissible by laws and regulations, to all data and information
generated during the development and operation of Kunpan Game
Services.
7. Under no circumstances should you use
Kunpan's trademarks, service marks, trade names, domain names,
website names or other prominent brand features (collectively, the
"Logo") without our permission. In no case should you, without
the prior written consent of Kunpan, display, use or apply for
registration of trademark or domain name in any way whatsoever, whether
alone or in combination with other elements, the aforesaid Logo as
stated in this Section, nor should you represent, expressly or
impliedly, to others that you have the right to display, use or
otherwise dispose of such Logo. You are solely liable for any and all
losses incurred to Kunpan or others arising out of or in association
with the use of the aforesaid trademark and Logo of Kunpan in violation
of these Terms.
8. Kunpan does not warrant or represent that
the Game services provided by Kunpan will you’re your requirements or
the services provided will not be interrupted or terminated, or that the
services will be timely offered, secure or error-free. Kunpan disclaims
all liabilities for the loss of your uploaded content for whatsoever
reason.
9.Kunpan may use your uploaded content for the
purpose of promoting Kunpan Game without any payment or liability to
you.10.Kunpan shall have the right to mark the Logo of Kunpan when
promoting your uploaded content(including but not limited to promotion
in advertisements and referrals).
Article 4 License and Restrictions on Use of the Game App
Kunpan hereby grants you a personal, non-commercial, revocable,
modifiable, non-proprietary, non-transferable and non-sublicensable
right and license to access and use Kunpan Game and Services. If you
need to access the Game App and Services beyond personal use or use the
Game App and Services for any commercial purposes, you shall contact
Kunpan to otherwise obtain a written authorization.
Article 5 Charges
1. YOU ACKNOWLEDGE AND AGREE THAT IT IS A NORMAL BUSINESS PRACTICE
TO SET, ADJUST OR CHANGE THE FEES OR CHARGES, AND KUNPAN HAS THE
RIGHT TO DETERMINE THE CHARGING METHODS AND RATES OF THE GAME APP
AND SERVICES, AND TO ESTABLISH DIFFERENT CHARGING METHODS AND RATES
DEPENDING ON THE DIFFERENT STAGES OF THE GAME APP AND
SERVICES.
The specific charging methods and rates, including but not
limited to the rates of the Game App, the rights to use in-game virtual
items and value-added services (if any) shall be published by Kunpan on
the Apple App Store, Google Play or other software distribution
channels, in-game shop, etc.You are obliged to read the charging
instructions carefully before selecting. By opting to download the games
for a fee, purchase the right to use the relevant virtual items or
accept the relevant services, you acknowledge that you've fully
understood and accepted the corresponding charging methods and rates.
2.
Unless expressly authorized by Kunpan , Kunpan does not authorize you to
purchase or receive as a gift from any third party or otherwise obtain
game accounts, props, equipment, coins, membership experience and
levels. Kunpan is not liable for any third party transactions and will
not accept any complaints arising from or in connection with any third
party transactions.
3. After you have successfully topped up
the in-game virtual items or value-added services (collectively,
"Top-up Proceeds"), no refunds will be made in principle,
except where you are prevented from using the purchased in-game virtual
items or value-added services due to Kunpan intentional or gross
negligence. In the event of special circumstances (e.g. your country or
region has special regulations governing refunds) that result in a
refund, you shall forthwith notify Kunpan which will deduct the
corresponding Top-up Proceeds; otherwise, Kunpan shall be entitled to,
at its sole discretion, deduct the corresponding Top-up Proceeds or
impose penalties such as temporary or permanent ban on the account upon
the player who requests a refund in bad faith.
Article 6 Virtual Items
The purchase and use of Virtual Items (e.g. props, equipment and
coins, etc.) shall be subject to the requirements of the Agreement and
the specific rules of the Game. Except as required by law, we do not
provide any refunds for Virtual Currency.Virtual Items have no
monetary value, no value outside of our Services, and will not earn
interest. You cannot sell, trade or transfer Virtual Items, or
exchange them for cash. ANY ATTEMPT TO SELL, TRADE OR TRANSFER VIRTUAL
ITEMS, OR EXCHANGE THEM FOR CASH IS A BREACH OF THE AGREEMENT AND MAY
RESULT IN ACTIONS TAKEN AGAINST YOU, INCLUDING THE TERMINATION OF YOUR
ACCOUNT. Prices and availability of the Virtual Items are subject to
change at our sole discretion. We have no liability to you or any
third party in the event that we exercise any such rights.
Article 7 Account Management
1. To use certain of our Services you may be required to create an
account with us and/or with the third party platform or site operator
e.g. Apple or Google (Account). To create an Account, you must provide
truthful and accurate information about yourself on the Account
registration page and keep that information up to date.
2.
All other rights not expressly licensed to you hereunder shall vest in
Kunpan , your exercise of those rights shall be subject to Kunpan's
prior written consent, and failure of Kunpan to exercise any of those
rights shallnot be construed as a waiver of such right.
3.
When registering for an account, you are advised not to use your real
name and other personal information as a game nickname in order to
avoid disclosure of personal information.
4. You understand
and undertake that the account information created by you may not
violate the laws or regulations of the Territory or relevant rules of
Kunpan, shall not be used to conduct any act that infringes upon the
Territory's interests or any citizen’s lawful rights or interests
or undermines social morality, your registration information such as
your account nickname, avatar and other personal information may not
contain any illegal or harmful information, you may not use any other
person’sname (including but not limited to such person’s name, title,
designation, avatar, or any other method that may easily cause
confusion) without authorization of such person to create an account,
and you may not register accounts with maliciously.
5. Your
account is for your personal use only. Without Kunpan's prior
written consent, you may not donate, lend, lease, transfer or sell such
account to any other person or otherwise permit any other person to use
such account. If you fail to do so, you will be held liable for any and
all legal consequences arising therefrom. The Account is the identifier
that Kunpan licenses to you for logging into and using Game Services ,
and shall remain the property of Kunpan. In case that Kunpan finds or
reasonably deems that the user of the account is not the original
registered user, Kunpan shall have the right to suspend or terminate the
provision of the services to such account or to cancel such account for
the consideration of security.
6. You are obliged to protect
the security and confidentiality of your personal account information
and assume any and all liabilities for the activities you engage in
through your registered account, including, without limitation, all
liabilities that may arise from any data entry, data modification,
subscription, payment and other actions you take through the Account
Services. It is important that you keep your account and password
confidential. If you find that any other person uses your account
without your authorization or there is any other security vulnerability
in your account, you shall promptly notify us.
7. If your
account is lost, you may retrieve the account by filing an appeal
through the appeal channel of Kunpan in a timely manner. You understand
and acknowledge that the account retrieve mechanism of Kunpan only
depends on the recognition of the conformity of the data provided in the
appeal to the data recorded in the system and is unable to determine
whether the appealer is the real lawful user of the account or not.
Kunpan hereby reminds that you should keep your account information
properly. You will be held solely liable for the stealing or loss of
your account or password arising from your fault such as improper
custody or any event of Force Majeure.
8. After you complete
the account registration with Kunpan and log into the account, you may
modify your submitted personal identity information by contacting the
customer service. You may apply for canceling your account. Except as
otherwise stipulated by laws or regulations, Kunpan will assist you in
canceling your account and remove all information relating to your
account by deleting, anonymizing or de-identifying it at your request
after completing all reasonable and necessary authentication procedures
of personal identity, security status and device information.
9.
Where you intend to terminate the use of Kunpan Game Services, you can
apply for cancellation of your Kunpan account. Upon completion of
cancellation , your account information, personal identity information,
transaction records, account rights and interests will be erased and
cannot be restored or resumed . Kunpan reserves the right not to provide
you with any services related to your account.
10. YOU UNDERSTAND AND AGREE THAT KUNPAN SHALL BE ENTITLED TO
WITHDRAW, FOR MAKING FULL USE OF ACCOUNT RESOURCES, YOUR ACCOUNT,
DELETE GAME DATA AND OTHERWISE TAKE ACTIONS IF YOU FAIL TO MAKE
INITIAL LOGIN TO AND USE OF YOUR ACCOUNT AFTER YOU COMPLETE THE
REGISTRATION OF SUCH ACCOUNT OR YOU HAVE NOT LOGGED IN TO AND USED
YOUR ACCOUNT FOR MORE THAN TWELVE (12) CONSECUTIVE MONTHS.
Article 8 Protection and Collection of User Information
Kunpan respects your personal privacy and is devoted to keeping your
personal information that it reasonably receive in strict confidence. By
accepting the services provided by Kunpan or its partners, you
understand and accept the Kunpan Player Privacy Policy (the
"Privacy Policy") published by Kunpan. The Privacy Policy is
an integral part of the Agreement and shall bear the same legal effect
with the Agreement. If and whenever Kunpan requires you to furnish your
personal identify information, it shall disclose the Privacy Policy to
you in an explicit and conspicuous manner in advance and take necessary
actions to protect the security of your personal information.
Article 9 Rights and Obligations of Kunpan
1. You have the right to request assistance from Kunpan to retrieve the
top- up records and transfer records. Kunpan shall request you to
present and verify valid personal identity information that is
consistent with your transaction information, and Kunpan shall assist in
providing the records if it verifies that the valid personal identity
information furnished by you is consistent with the registered identity
information.
2. You understand and agree that Kunpan or its
third-party partners mayprovide you with information about game
activities, promotional information and other types of information
through emails, in-game announcements, etc.
3. You agree that
the monitoring data in the Game and the data stored in the server can be
taken as the basis for judging whether you have engaged in misconducts
and illegal actives such as cheating using plug-ins, scripts, etc.
Article 10 Your Rights and Obligations
1. You shall prepare your own device required for Internet
access, wireless routers or other necessary Internet devices.
2.
You shall be liable for paying the telephone charges and network fees
related to the Game Services.
3. You shall abide by the
applicable laws and regulations of your country or region, the terms of
the Agreement, the gaming conventions and other rules and systems
published by Kunpan (including but not limited to the Kunpan Games
End-User License Agreements, and the rules published by Kunpan on its
official website or its game, for which you have clicked on "I
Accept").4. You acknowledge and warrant that you shall not take or
attempt to take, directly or indirectly, any of the following prohibited
actions (whether or not for profit) or engage in any misconduct with
respect to any Kunpan service or game:
4.1 use or allow the
use of the Game Services for any purpose or activity that is illegal,
unlawful , commercially or in breach of this Agreement ;
4.2
reproduce, distribute, publicly display or perform, translate, modify,
adapt, create derivative works from, deconstruct, reverse engineer,
decompile or disassemble, in any manner the Game Services, source code
in the Game Services or any portion thereof;
4.3 sell, rent, lease,
license, distribute, or otherwise transfer the Services, Game or any
Content, including without limitation, Virtual Items, Account.
4.4
use, or provide, any unauthorized third-party programs or ancillary
offerings that are not offered within the Game Services by us;
4.5
impersonate any other person, or indicate falsely that you are an
employee or a representative of us or any of our partners or
affiliates;
4.6 promote, encourage or take part in any activity
involving hacking, cracking, phishing, taking advantage of exploits or
cheats and/or distribution of counterfeit software and/or counterfeit or
legitimate Virtual Items;
4.7 upload any files that contain a
virus, trojan, worm, spyware, time bombs, corrupted data or other
computer programs that may damage, interfere with or disrupt any of the
Game Services;
4.8 interfere with, or attempt to interfere with,
the access of any user, host or network, including without limitation,
harassment, use of abusive or offensive language, sending a virus,
overloading, flooding, spamming, or mail-bombing the Services or any of
its users;
4.9 probe, scan or test the vulnerability of our Game
Services, or circumvent or breach the security or authentication
measures of our Game Services;
4.10 advertise, solicit, or
otherwise transmit any commercial advertisement, including gift codes or
promotion, or unsolicited repetitive messages (spamming);
4.11
apply for refund maliciously or take advantage of rules of third-party
platforms for unjust enrichment;
4.12 violate any applicable law or
regulation.
5.Any breach of the above rules of conduct shall
be determined by us at our discretion, acting reasonably in all
circumstances.
6. Kunpan has set up a platform for public
complaints and reporting, by which you may make complaints about or
report various illegal acts, illegal spreading activities, and illegal
and harmful information according to the complaint and reporting system
of Kunpan, and Kunpan will accept and treat your complaints and reports
in time.
Article 11 Requirements on the Use of Kunpan Information Content
1.You agree not to upload on or transmit via the Game Services any
Information that contains content prohibited by applicable law,
including but not limited to any content, products, services and
activities involving the following:
1.1Information that incites
terrorism, extremism, national hatred and ethnic discrimination,and
promotes cults and feudal superstitions;
1.2 Disseminate
information that involves obscenity, pornography, violence, gambling,
murder ,terrorism, as well as information that abets crime, imparts
criminal means and methods ,manufacturing or trading prohibited items ,
committing fraud and other illegal and criminal activities;
1.3
Information that insults or defames others, infringes on the reputation,
privacy, intellectual property rights or other legitimate rights and
interests of others, as well as information that undermines the physical
and mental health of minors and is detrimental to their healthy
growth;
1.4 Information containing sexual innuendo, sexual
provocation, etc. that tend to associate with sex;
1.5 Information
that presents bloodiness, horror, cruelty, etc. that causes physical and
mental discomfort;
1.6 Information that incites discrimination
among people and regions, etc.;
1.7 Information that propagates
vulgar content;
1.8 Information that uploads, posts, emails or
otherwise transmits content that it is not authorized to transmit (e.g.,
restricted data, confidential information, etc.);
1.9 Upload, post,
email or otherwise transmit content that infringes upon the intellectual
property rights of any person, such as patents, trademarks, copyrights,
trade secrets, etc.;
1.10 Upload, post, email or otherwise transmit
advertising messages, promotional materials.
Article 12 Penalties and Liabilities for Breach of Agreement
1. IF KUNPAN REASONABLY BELIEVES THAT YOUR BEHAVIOR VIOLATES OR MAY
VIOLATE THE TERMS OF THE AGREEMENT, KUNPAN MAY, AT ITS SOLE
DISCRETION, IMPOSE ONE OR MORE OF THE FOLLOWING ACTIONS DEPENDING ON
THE SEVERITY OF THE OFFENCE:
1.1 WARNING;
1.2
MESSAGING DISABLED;
1.3 TEMPORARY FREEZE;
1.4 PERMANENT
FREEZE;
1.5 TEMPORARY BAN;
1.6 PERMANENT BAN;
1.7
ACCOUNT SUSPENSION;
1.8 LEGAL LIABILITY;
1.9 OTHER
PENALTIES.
PLEASE NOTE THAT THE ABOVE ACTIONS WILL RENDER YOUR ACCOUNT
DATA, PROPS, EQUIPMENT AND ALL OR PART OF THE ACCOUNT SERVICES
TEMPORARILY OR PERMANENTLY VOID.
2. Kunpan respects and protects the legitimate rights and
interests, such as intellectual property right, right of reputation,
right of name, and right of privacy, of its users and other third
parties. You represent and warrant that no content, including but not
limited to texts, pictures, audios, videos and links, that you upload
when using the Game Services will infringe upon any third party’s
intellectual property rights, right of reputation, right of name, right
of privacy or other legitimate rights or interests. In case of your
failure to comply with this provision, Kunpan shall reserve the right to
remove such allegedly infringing content upon receipt of a notice from
the right holder or any other party concerned. You shall respond to all
claims that may be brought by any third party and bear all legal
liabilities arising therefrom. And you shall indemnify Kunpan for any
and all losses (including economic losses and loss of goodwill) that may
be suffered by Kunpan due to your infringement.
Article 13 Interruption, Suspension and Termination of Services
1. To ensure proper functioning of the Game site and server, Kunpan
needs to shut down the Game site and server for regular maintenance or
for emergency maintenance in case of emergencies; you shall show
understanding of normal service interruption or suspension caused by the
aforementioned circumstances, and Kunpan is obliged to control the
interruption within the shortest possible time.
2. Kunpan
reserves the right to terminate or suspend all or part of the services
provided by the game server in any of the following circumstances:
2.1
Regular inspection or servicing, hardware and software updating , etc.,
in which case Kunpan shall have the right to suspend the services
provided that Kunpan will complete the maintenance and updating as soon
as possible;
2.2 The server is damaged and cannot function
normally;
2.3 Unexpected faults of software and hardware equipment
and electroniccommunication equipment;
2.4 Failure of network
provider's line, etc.;
2.5 For complying with the provisions
of the law or for protecting the personal and property safety of you and
third parties in case of emergency;
2.6 Third party reasons or
other events of Force Majeure.
3. Kunpan reserves the right
to terminate Game Services, in whole or in part, as it deems necessary,
and the termination will be announced in advance for a given period of
time in line with the applicable regulations the Territory.
In case
of termination of the Game Services for whatsoever reason, you shall
take proper actions to dispose of the in-game virtual items.
Article 14 Force Majeure
KUNPAN SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OR LOSSES CAUSED BY
AN EVENT OF FORCE MAJEURE.
Force Majeure shall mean an event beyond Kunpan's reasonable
control, unforeseeable or unavoidable even if foreseen, which prevents
or affects Kunpan's performance of all or part of its obligations
hereunder. Force Majeure includes without limitation, floods,
earthquakes, typhoons, rainstorms, tsunamis, social disorders (such as
riots, strikes, turmoils, etc.) and governmental actions (such as
changes in laws, regulations or governmental directives, etc.). With
respect to reasons specific to the special nature of online services,
Force Majeure shall additionally include without limitation, the
following events: failure of the basic telecom operator, computer,
mobile device or Internet-related technical defects, Internet coverage
restrictions, computer and mobile device viruses, hacker attacks and
other objective circumstances that are unforeseeable, unavoidable and
insurmountable.
Article 15 Changes to Terms and Conditions
Kunpan reserves the right to change the terms and conditions of the
Agreement at any time as it deems necessary. You are advised to check
the Agreement regularly or from time to time, and Kunpan will announce
any significant changes to your rights and interests in advance via the
website, messages, etc. By continuing use of the services contemplated
herein, you are accepting the updated contents; if you do not agree to
the updates, you shall uninstall the Game App and stop using the Game
Services.
Article 16 Game Data
Any data or information generated during your participation in the
game and stored in Kunpan servers, including but not limited to
account information, role data, level and virtual item data, etc.,
shall be part of the game App and is owned, managed and controlled by
Kunpan. You only have the right, among others, to modify, transfer and
delete the data and information of your account in a proper fashion in
compliance with the game rules.
Article 17 Notices and Advertising Information
1. All notices sent to you by Kunpan may be transmitted by means of
in-game announcements, the Game's official website, official
community pages, emails, etc. Also,
YOU HEREBY AGREE THAT KUNPAN MAY SEND COMMERCIAL AND NON-COMMERCIAL
INFORMATION TO YOUR E-MAIL ADDRESS.
2. Kunpan may publish commercial advertisements or other
promotional information on the Game's official website, in the
Game's official community or within the Game. These advertisements
or promotions are provided by advertisers or commercial service
providers,who shall assume all liabilities for the content, while Kunpan
only provides the platform for posting the content.YOUR ATTENTION IS SPECIALLY DRAWN TO THE FACT THAT THE TRANSACTION
OF PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH SUCH LINKED
WEBSITES OR ADVERTISEMENTS EXISTS ONLY BETWEEN YOU AND THE PROVIDER
OF SUCH PRODUCTS OR SERVICES, AND KUNPAN ACCEPTS NO LIABILITY FOR
THE TRANSACTION ARISING BETWEEN YOU AND THE PROVIDER OF SUCH
PRODUCTS OR SERVICES.
Article 18 Warranty Disclaimers And Limitation of Liability
1.OUR GAMES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW, WE PROVIDE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU
WILL BE ABLE TO ACCESS OR USE OUR GAMES OR SERVICES AT THE TIMES OR
LOCATIONS OF YOUR CHOOSING OR THAT OUR GAMES OR SERVICES WILL BE
UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS,
INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE ARE NOT LIABLE TO
YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE
INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF OUR
GAMES AND SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY,
OR RELIABILITY OF OUR GAMES AND SERVICES. WE ALSO MAKE NO GUARANTEE
THAT OUR GAMES AND SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY
PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN
CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES.
WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR
SERVICES. YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSSES
AND DAMAGES, INCLUDING LOSS OF DIRECT AND INDIRECT PROFITS, GOODWILL
OR DATA IN ANY WAY ARISING.
2. TO THE MAXIMUM EXTENT
PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY
FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN
CONNECTION WITH A GAME OR SERVICES OR THESE TERMS SHALL NOT EXCEED
IN AGGREGATE THE MONETARY AMOUNT EQUIVALENT TO THE FEES, RELATING TO
THE GAME OR SERVICES, ACTUALLY PAID BY YOU TO US DURING THE SIX (6)
MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING.
NOTWITHSTANDING THE FOREGOING, SOME COUNTRIES, STATES, PROVINCES, OR
OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS
MAY NOT APPLY TO YOU.
Article 19 Miscellaneous
1. The headings of all terms and conditions of the Agreement are
inserted for convenience only and shall not affect in any way the
meaning or interpretation of the Agreement and related terms and
conditions.
2. Provided that any provision of the
Agreement is rendered invalid or unenforceable in whole or in part for
whatsoever reason, the remainder of the Agreement shall continue in
full force and effect.
3. THE EXECUTION, PERFORMANCE, INTERPRETATION AND DISPUTES RESOLUTION
OF THE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF HONG KONG SPECIAL
ADMINISTRATIVE REGION OF PEOPLE’S REPUBLIC OF CHINA WITHOUT REGARD TO
CONFLICT OF LAWS.
4. ANY DISPUTE ARISING BETWEEN THE
PARTIES HERETO OUT OF OR IN CONNECTION WITH THE TERMS OF THE AGREEMENT
OR PERFORMANCE THEREOF (INCLUDING BUT NOT LIMITED TO CONTRACTUAL OR
OTHER PROPERTY RIGHT DISPUTES) SHALL BE SETTLED BY THE PARTIES THROUGH
AMICABLE NEGOTIATION; IF SUCH NEGOTIATION FAILS, THE PARTIES AGREE TO
SUBMIT THE ISSUE IN DISPUTE TO THE JURISDICTION OF HKIAC (HONG KONG
INTERNATIONAL ARBITRATION CENTER).
5.Kunpan failure or delay in exercising or failure to
fully exercise its rights under the Agreement or the law shall not be
deemed a waiver of the said rights, nor shall it affect further
exercise of such rights by Kunpan.