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This end user license agreement (this “EULA”) is a legally binding agreement between you and [Company Name], including our Affiliates (as defined below) (“[Brand]”, “we”, “our” or “us”). By installing, using or otherwise accessing our services, you agree to the terms and conditions of this EULA. If you do not agree to any term of this EULA, please do not install, use or otherwise access our services. Your right to use our services is subject to your compliance with all of the terms and conditions set forth herein.
This EULA was written in English. To the extent any translated version conflicts with the English version, the English version controls.
You must only use the Licensed Items:
You must comply with this EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.
If you are under the age of 13, you must not open an account and must not use any Licensed Items. If you are not an “adult” (as defined in the applicable in your jurisdiction), your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including but not limited to any payments, fees and charges relating to the Licensed Items, and you shall be responsible for monitoring and controlling the minors’ access to our Services if our Services are not suitable for minors pursuant to the applicable game rating systems. Please also see our Children's Protection Policy.
Our privacy policy (index.html) (as amended from time to time) (the “Privacy Policy”), which is a part of this EULA, sets out how we collect, store and use your personal information which you provide while you use Your Account, the Licensed Items and our Services.
We may make changes to this EULA over time, so please come back and review them.
In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (regardless of whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.
By continuing to use the Licensed Items after we make any changes to this EULA, with or without notice from us, you are agreeing to be bound by the revised EULA.
The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide as set out in the “Our Intellectual Property Rights” section below.
Subject to the terms of this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable (except as provided below) and revocable license, under which you may:
Where Services are made available as part of your use of Software under this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Services in accordance with the Instructions and this EULA.
You may be able to create certain content within the Services, such as gameplay videos or additional game characters. Such content is subject to the “Your Content” section below.
Where Software enables you to purchase or acquire Virtual Goods and/or Virtual Currency, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Virtual Goods and Virtual Currency in accordance with the Instructions and this EULA, in particular the terms set out in the “Virtual Goods and Virtual Currency” section below.
Under the terms of this EULA we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the means provided in the Software or the relevant Service for your use.
When you submit, upload, transmit or display any data, information (other than your personal information, which we will collect, use and store pursuant to terms of the Privacy Policy), media or other content in connection with your use of our Services (“Your Content”), you understand and agree that:
“Affiliate(s)” with respect to a legal entity shall mean any other legal entity that controls, is controlled by, or is under common control with such legal entity. For the purposes of this definition, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such legal entity.
In addition, you agree that we and our Affiliates (subject to this EULA, our Privacy Policy and applicable laws and regulations):
You understand that even if you seek to delete Your Content from our Services, it may as a technical and administrative matter take some time or not be possible to achieve this. We reserve the right to block or remove Your Content for any reason, including but not limited to as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in this EULA; and (ii) Your Content (and our use of Your Content in accordance with this EULA) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
We have no obligation to monitor Your Content and we are not responsible for monitoring the Services for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including but not limited to chat text and voice communications) when you are using the Services.
You agree not to engage in any of the following prohibited activities on or in relation to our Services, or allow any person to use Your Account to do the same:
You may not, nor may you permit any other person to:
Please note that there may be technological measures in the Licensed Items that are designed to prevent unlicensed or unauthorized use. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.
You must ensure that your device meets the requirements for installing and using the Licensed Items set out in the Instructions. During installation, the Licensed Items may uninstall or disable other software running on your device. Your use of the Licensed Item may require an internet connection in order to authenticate the Licensed Item or perform other functions.
You understand that if you change devices or data is erased or wiped from your device, Your Content, game progress data, your Virtual Currency and your Virtual Goods may only be accessible through the retrieval methods we make available to Your Account from time to time.
You may need to create an account with us in order to access and use some elements of the Software (“Your Account”).
Your Account is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use Your Account. Your Account name, user ID and other identifiers remain our property and we can disable, reclaim and reuse these once Your Account is terminated or deactivated.
You are responsible for: (i) safeguarding the details of Your Account, including but not limited to any passwords used to access Your Account and our Services, and (ii) all use of our Services under Your Account. You must promptly notify us if you know or suspect that Your Account or its password have been compromised.
We may take certain technical measures to verify that you are the owner of Your Account from time to time, especially when you intend to take certain major actions such as changing your password or deleting your Account.
We may, in our discretion, distribute corrections, updates, upgrades and new versions of the Software and/or the Services (each an “Update”). You agree to receive and permit us to deliver Updates to your device. We reserve the right, in our discretion, to change or limit the functionality and performance of the Software and/or the Services, including but not limited to withdrawing support or access.
We warrant to you that we will provide our Services using reasonable care and skill.
APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATES 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.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATES FOR ALL CLAIMS IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE WILL BE LIMITED TO THE LOWER OF: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD$100.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in this EULA limits or excludes any liability for death or personal injury, gross negligence or willful misconduct, or any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations. Nothing in this EULA limits or excludes any of your statutory rights in your jurisdiction to the extent these may not be excluded or waived under applicable laws and regulations.
We may in our discretion provide technical support for the Licensed Items (whether for free or for a fee). We provide technical support without any guaranty or warranty of any kind and subject always to the “Warranty and Disclaimer” and “Liability for our Services” sections above.
You may from time to time make payments to us or other third parties in relation to the Licensed Items. You agree that all such payments from you are subject to, and you will comply with, all terms and conditions of the relevant payment service. Where our Games are supported by in-app advertising (IAA) rather than paid content, you may not be required to make any payment to access the core Game; any optional purchases remain subject to the terms of this section.
You agree that you are solely responsible for all fees and taxes associated with any Licensed Items, and that pricing and availability of all Licensed Items are subject to change at any time. Please be aware that you may incur telecommunications charges and other fees in your use of the Licensed Items. You are responsible for paying all such charges.
Some Software may include functionality which allows you to purchase and use virtual goods (“Virtual Goods”). You acknowledge that you do not own the Virtual Goods and/or the Virtual Currency. They do not represent any credit balance of “real world money” or the equivalent, and cannot be redeemed for “real world money” or anything of monetary value. All sales of Virtual Goods and Virtual Currency by us to you are final.
We may modify or eliminate Virtual Goods and/or Virtual Currency from some or all Software at any time, with or without notice. If we close Your Account, terminate your access to the Software, or terminate this EULA, you will forfeit all Virtual Currency and Virtual Goods, and we will have no liability to you for that forfeiture.
All intellectual property rights in or to the Licensed Items and our other Services and software will continue to belong to us and our licensors. Except as expressly provided in this EULA, you have no right to use our intellectual property rights. Any comments or suggestions you may provide regarding our Services are entirely voluntary and we will be free to use these at our discretion without any payment or other obligation to you.
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our Software or Services, including but not limited to any Your Content or other content provided by other users or by our advertisers. You acknowledge and agree that by using our Software or Services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our Software or Services by you is at your own risk.
Some Licensed Items may contain software that is subject to “open source” Licenses. Where we use such Open Source Software, please note that there may be provisions in the Open Source Software’s License that expressly override this EULA, in which case such provisions shall prevail to the extent of any conflict with this EULA.
In order for us to provide the Software and Services to you, we may require access to and/or use of your relevant device. You agree to give us such access to and use of your device. We will provide further information regarding how a particular item of Software or particular Service uses and accesses your device within that relevant Software or Service.
You acknowledge and agree that the Licensed Items may from time to time be subject to the import and export laws of certain countries. You agree to comply with all relevant laws relating to the import, export and re-export of the Licensed Items.
In case we reasonably find that you have breached this EULA, we may take such actions as we deem appropriate, including but not limited to: (i) removing Your Content that are involved; (ii) restoring your game data to the status before your breach; (iii) terminating your right to use our Services; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities; and (v) any other actions set forth in any posted guidelines and rules.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses relating to or arising under or out of the relationship between you and us described in this EULA.
The License granted to you under this EULA will commence on the earlier of the date that you accept the terms and conditions of the EULA or download, copy, install, access or use any Licensed Items. We may suspend your access to or use of any Licensed Item or terminate this EULA if:
Upon expiry or termination of this EULA, you will immediately permanently delete all copies of the Licensed Item to which the expiry or termination relates and you will immediately cease accessing and using any Software and Services relating to that Licensed Item.
We do not guarantee that we will be able to return any data, information, media or other content submitted, uploaded, transmitted or displayed by you using the Licensed Items back to you following suspension or termination of this EULA. We may permanently delete such data without notice to you at any time after termination. Please ensure that you regularly back up data, information, media and other content.
Nothing in this EULA is intended to replace or supersede your rights under any mandatory applicable laws and regulations, and such mandatory rights of yours will apply to the extent they are inconsistent with any terms in this EULA.
This EULA (including the Privacy Policy and the Instructions) is the entire agreement between you and us in relation to our Services. No person other than you and us will have any right to enforce this EULA against any person. You may not delegate, assign or transfer this EULA without our prior consent. We may freely assign, transfer or sub-contract this EULA or our rights and obligations under this EULA, in whole or in part, without your prior consent.
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this EULA and any dispute or claim arising out of or in connection with this EULA will be governed by the law of the Hong Kong Special Administrative Region. Any dispute, controversy or claim arising out of, relating to, or in connection with this EULA will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in Chinese.