USER AGREEMENT
IMPORTANT! PLEASE READ CAREFULLY BEFORE YOUR REGISTRATION OF BEING ONE AGE OF ORIGINS GAME USER!
TERMS OF SERVICE
THIS SOFTWARE IS PROTOCOL, NOT SOLD. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN HONG KONG KE MO SOFTWARE CO., LIMITED AND YOU. THIS AGREEMENT GOVERNS YOUR USE OF OR ACCESS TO AGE OF ORIGINS GAME, OUR ONLINE WEBSITE, ANY GAME-SPECIFIC SITE, SOFTWARE SYSTEMS, CUSTOMER SUPPORT, SOCIAL MEDIA, COMMUNITY CHANNELS AND/OR ANY OTHER ONLINE SERVICES PROVIDED BY THE COMPANY AND BY ANY OF OUR AUTHORIZED THIRD PARTY (COLLECTIVELY THE “SERVICES”), WHETHER AS A GUEST OR A REGISTERED USER. IF YOU REJECT THE TERMS OF THIS AGREEMENT YOU MAY CHOOSE NOT TO ENTER THE GAME.
USER AGREEMENT (referred to “this agreement” below) is a common contract that consists of HONG KONG KE MO SOFTWARE CO., LIMITED and you. The Company strongly suggests that you carefully read and fully understand all of this agreement’s contents before you register to become a user. Especially the clauses that exempts or limits the Company’s liability, terms of rights that restrict the user, application of the law, and clauses to resolve disputes.
The user should be clear that if you do not agree with any conditions in this agreement, you are not entitled to use our game services. According to our game registration procedure, if you agree and accept or successfully registered as our game user or can enter the game and use it after successfully registering, the Company will believe that you have read, unconditionally accepted, and obey this agreement. If any dispute occurs, the user can’t plead that they did not carefully read this agreement. If you are not willing to accept this agreement, you can choose to leave this program and not enter this game again. If you have any opinions or suggestions for this agreement or our game services, you can contact the customer service department of the Company. We will provide you with the necessary help.
For minors and underage users, regardless of which version of our game you enter, please read this agreement together with your legal guardian or parents and pay special attention to the terms of use. The underage user and minors can only use the services of our game provided by the Company with prior consent from their guardians or parents with regard to our game services, the behavior of paying fees to the Company, and all of the terms in this agreement. You must accept parental supervision and the anti-addiction system. You agree that you will provide your real and complete information to the Company in a timely manner for purpose of recognizing your identity. Otherwise, you will bear the burden of any consequences produced alone. Also, the Company has the right to request you or your parents (guardian) to provide identification, household registration, and other necessary materials at any time to prove that your identity, parents (guardian), and parental (guardian) supervision is authentic and valid. The Company also has the right to independently determine if any age restrictions or underage parental supervision system is appropriate for you based on the materials submitted to the Company. To the furthest extent of the applicable law, the Company reserves the right to set up, change, and terminate the range of applications and conditions of use in terms of the anti-addiction system and parental supervision system. You must have already registered an account of our game before using this program. All uses of this program and service must comply with all the content of this version and updated versions in the future. Any behavior that does not adhere to the use of our game program or services is expressly prohibited.
Condition 1: Definitions
1.1 The Agreement: Includes this agreement, Privacy Policy, Rules and instructions for the protection of children’s personal information, game rules, and the revised edition of the above content. Once the above content is published, this agreement will be considered inseparable components.
1.2 The Company: Hong Kong Ke Mo Software Co., Limited will be called “the Company” or ”we” in this agreement.
1.3 Game or our game: Refers to the game Age of Origins which is operated by Hong Kong Ke Mo Software Co., Limited. This includes but isn’t limited to the PCs, device client versions of this game, and any version or updated version of this game published in the future, including the client software, software systems, server software, source code, object code, source files, and more and may include the related network servers, websites (including but not limited to the official websites or official forums), electronic media, printed materials or electronic documents, and other determined by the Company.
1.4 Services: The game provider provides online operation services for our game. This includes but not limited to our online website, any game-specific site, software systems, customer support, game materials, user tools, social media, community channels, and/or any other online services by the Company.
1.5 You: Also known as “Player”, or “User” refers to the natural person who has been authorized to use the game and other services of our game.
1.6 Program: This agreement includes the game software program and accompanying resource documents for our game.
1.7 Game Rules: Refers to the user regulations, player rules, game announcements, hints, notifications, and other content the game provider will publish and revise at intervals about the game.
1.8 Game Materials: Refers to the related programs, ports, images, animations, and other materials used in the game, which includes but not limited to feature modules, material resources, map resources, and more. Also, derived works related to the game are contained and this includes but not limited to illustrations, videos, music, and more.
1.9 Game Data: Refers to every type of data recorded by the server produced during the use of our game. This includes but not limited to character data, virtual item data, user behavior logs, purchase logs, and other data.
1.10 Virtual items: Refers to a virtual prop designed by us to meet the needs of players in various production and construction or normal transaction exchanges in-game services, which can be obtained through active in-game behavior, official activities, or legal currency purchases, game virtual currency exchange, etc., in exchange for various value-added services specified in the game, including but not limited to resources and props in-game products (such as weapons and equipment in the game), the ownership of which belongs to us, and you can only comply with the law. Use in accordance with the rules of the game product.
1.11 Game virtual currency: Refers to a substitute currency designed by us to meet the normal transaction and communication needs of players in-game products, obtained through legal currency exchange, recharge, etc., which can be used to exchange virtual items in the game, but is limited to circulation and use in the game, and cannot be exchanged into legal currency.
1.12 Improper User Behaviors: Refers to behavioral expressions of user behaviors that don’t match those of normal players discovered by operator data and manual investigation of the Company. There are behaviors prohibited by this agreement. These behaviors are defined as improper user behaviors by the Company.
Condition 2: Game Account
2.1 Bind Account
2.1.1 You promise to provide real, legal, accurate, and valid personal information and related information to bind your game account or a third-party account recognized by the Company and accept the Company services with this account (below called “user account”). Otherwise, the Company has the right to take one or more measures under Condition 8.6 of this agreement and can publish the handling of the results. You alone will bear all of the consequences created. The Company has the right to demand that you pay compensation to the Company for all losses created.
2.1.2 If you play this game, you have the right to use your App Store account, Google Play Account, Facebook account, HUWAWEI’s account, or other third-party accounts recognized by the Company to bind your game account.
2.1.3 As a user of our game, you can access our game with a temporary account. However, we encourage you to bind your account with any third party, such as a Facebook account, Google Play ID, or Appstore ID, etc. In the event of losing your account of our game, we can help you to retrieve your account with them in time. However, we cannot give you any assistance if you do not bind your game account with any third party.
2.1.4 You agree that the personal information data provided by you act to identify the relationship between the user and the user account as well as the main proof of the user’s identity. According to the relevant requirements of the national laws and regulations, you must log in with the real-name registration system and register with your real name.
2.1.5 You fully understand and agree that you can make in-game purchases or expenses while in the temporary account mode. If you uninstall or reinstall the game, change your computer equipment, tablet, or other devices, or if this device is damaged, all of your game-related data, purchase data, or expense data may all be cleared while in the temporary account mode, and can’t be inquired or recovered. You alone will bear any of the consequences created.
2.2 Account Loss, Use, Safeguard, and Removal
2.2.1 If you use a third-party account recognized by the Company as your game account to play and enjoy our game, you are still subject to the agreement and rules of the third-party account. If there are related disputes relevant to a third-party account that includes but not limited to a stolen account, you shall be responsible for contacting the third party and handling the issues. the Company can provide the necessary help within a reasonable scope, but will not take any responsibility.
2.2.2 You fully understand and agree that you should provide relevant personal information and registration information to help us to judge and verify. The Company has the right to provide third parties with the information you provided above to organize, save, compare, or use for other purposes. The Company has the right to guarantee the safety and validity of the user account through management, technology, and other reasonable measures. The user has the obligation to keep the account and password safe and accurate and use it correctly. Any party that causes loss, stolen account, damages to other users, or other forms of loss due to breaching the above obligations shall undertake the legal liabilities that arise.
2.2.3 You fully understand and agree that if you discover other people are illegally using or have stolen your account and password, or any other forms of using your account without your permission, you should immediately notify the Company through valid means to take action. When you notify the Company, you should provide valid personal information that is the same as the personal information you used to register, and other related information that the Company requests you to provide. After the Company receives your valid request and verifies your personal information, the Company will take corresponding actions according to your requirements or the specific situation (including but not limited to suspending the login and use of this account). You will bear the burden of the corresponding actions the Company takes according to your requests and losses caused to you and other users. If you refuse to provide valid personal information or the provided personal information does not match with the registered personal information, or you do not provide other related information that the Company asks you to provide or the other related information that you provide has an error, the Company has the right to refuse your request. You will bear the burden of any loss created.
2.2.4 You fully understand and agree that if you have not used the account that you registered with the Company for successive three years, the Company has the right to take action to delete and dispose of your game data and related information of this account with advanced notification to efficiently use the server resources.
2.2.5 Our game provides the Game Account Removal feature. If you need to remove the game account, you can remove your account according to these Terms or contact us if you satisfy the relevant conditions.
You fully understand and agree that if you remove the game account, the related game items of this account will also be cleared. Before you remove this game account, please make sure that all transactions and relevant benefits under this game account have already been settled (including game earnings produced during the time played and those potentially produced in the future). The Company has the right to clear including but not limited to all the game benefits of this account and you will bear the burden of any consequences. The previously mentioned game earnings include but not limited to monthly game card equities and levels, all data related to the growth and upgrades of the game, online game virtual currency that has not been used, and virtual items, value-added services that have been purchased but have not expired or have not been completely used, other game earnings that have been produced but have not been completely used, or expected future game earnings, and more.
2.3 You fully understand and agree that the game might have game software bugs, version update defects, third-party virus attacks, or other factors that cause you to be unable to login to your game account, or cause abnormal conditions in terms of your game character, in-game items, in-game equipment, in-game resources, and other account data, virtual items to experience irregularities. In this situation, the Company has the right to temporarily freeze this account based on advanced notification. If the data’s abnormal state comes from the user’s improper game behavior, the game company will restore the game account to its original state before the data’s abnormal state occurred (including transferred data retrieved from the third party) and the Company will be excluded from all liabilities.
Condition 3: Game Rules
3.1 Basic Behavior Rules
You confirm that you have obligation to comply with applicable laws, and all governmental rules and regulations in your region. You confirm that you understand these rules and regulations, and hereby confirm your behavior will comply with them when you contact other users and use the program.
3.2 Character Rename Rules
You fully understand and agree that every user can select their character name or be given one randomly by the system. Furthermore, the user can establish an “Alliance” (generally an in-game players society) and users need to similarly select a name for this “Alliance”. When you have selected a character name, established an “Alliance”, or other methods to create a mark that uses programs or services seen by other users, you must obey the following criteria for public order and good morals. If the Company determines that these marks might be offensive or inappropriate, the Company alone has the right to determine whether to change this name, remove the mark, close the related chat, and/or temporarily freeze or permanently terminate your use of the program or service. To be specific, you are not allowed to use the following names as your character or Alliance name:
1) Pretend to be another person and use this person’s name. This includes but not limited to “Game Manager”, “Game Support”, and other employees or representatives of the Company.
2) Names with “profane” meanings, including coarse language, and including words that may offend others, ruin another person’s reputation, words that are obscene or hostile, or hateful words that insult some races, nations, religions, or others.
3) Names that are owned by other persons or entities with rights and you do not have advanced permission of this person or written authorization of this entity.
4) Names of public figures, famous people, or media stars.
5) Names that include (registered or unregistered) trademarks or service marks or similarly relevant to those trademarks or service marks.
6) Character names are taken from the game.
7) Names including the content of drugs, sex, alcohol, or criminal behavior.
You cannot use words written incorrectly or use names similar prohibited names above to evade the above name restrictions.
3.3 Related Rules for Chatting and Interacting with Other Users
Communicating with other users and staff of the Company is an inseparable part of the program and is called “Chatting with other users” in this term of use. Your chat content might be monitored, recorded, reviewed, disclosed, or deleted without notifying you by the Company. You hereby understand and agree that the Company has the right to monitor, record, review, disclose, or delete your chat content. Furthermore, you will confirm here that you are aware of and agree to undertake the burden yourself for the risks arising from the chat in the program. In terms of interacting with other users in Games, you are not allowed:
1) Transmit or post content or language that is prohibited by the Company, including but not limited to any illegal, harmful, threatening, abusive to others, harassing, slanderous, vulgar, coarse, obscene, hateful, pornographic, or any content or language that hatefully insults races, nations, religions, or other contents that others find repulsive, and sales information of virtual in-game items that violates the fair spirit of the game. You also cannot use words written incorrectly or use names similar to the names restricted above to evade the above content and language restrictions.
2) Performing any destructive behavior. For example, intentionally “spamming” so other users cannot read the content in the chat, or when set to use a macro with large amounts of text included to destroy the normal flow of chat, and uploading viruses, Trojan Horse, timebombs, and others that might cause damage to the service system or affect the stability of content.
3) Interfering with normal conversation or implementing behavior that produces negative effects on other users. This includes but not limited to posting business consultations and/or advertisements for items and services apart from our game.
4) Continuously sending unsolicited requests or unwelcome messages to a certain user or continuously posting similar information in a certain chat, including but not limited to constantly sending advertisements to sell items or services.
5) In the program or websites related to the program, or transmitting or posting any private information of any user on forums, but the user can transmit personal information to a single user transferred in private messages.
6) Using software bots or other automatic technology to collect information from the program, forums, networks owned or managed by the Company unless you have special permission from the Company.
7) Harass, threaten, stalk, or humiliate any user and other behaviors which may make other users uncomfortable.
8) Cheating or using exploits during the process of using the program. This includes but not limited to modifying the program.
9) Participating in behavior that the Company determines cause or may cause certain program users to be deceived or cheated into every type of equipment and every type of material and item, or other game items obtained through authorized pathways in the program.
10) Imitate any real person (including but not limited to “game managers” and other representatives or employees of the Company), or make others have reason to believe the messages you published in the program constitute as server messages or the messages posted by representatives or employees of the Company.
11) Uploading or posting content that may infringe others’ intellectual property rights (including but not limited to copyrights and trademarks) or public/private rights of any third party.
3.4 Game Behavior-Related Rules
If some behavior is obviously “unfair”, it will still be considered as a violation of the terms of use. In this situation, we have the right to take appropriate actions prescribed by 8.6 of this Term. These behaviors include but not limited to:
1) Using or taking advantage of design errors, unjustified characteristics, and/or “bugs” to enter unavailable programs or get a competitive advantage over other users.
2) Using any tool to hack or change the client or server software.
3) Using any “pack detection and monitoring” to get information about the software product from the program.
4) Implementing behavior prohibited by these terms of use or the disclosed rules of other laws and regulations that you should comply with.
5) Interfering with normal conversation or implementing behavior that produces negative effects on other users, whether online or offline, including but not limited to posting business consultations and/or advertising with malicious intentions that may damage our game’s reputation.
6) Any behavior that the Company thinks violates the “gaming spirit”.
3.5 Offline Data Related Rules
After the user is offline, the Company has the right to handle and reserve the right to the final interpretation of the related data information of improper user behavior data information as well as system announcements, rewards, and other user-oriented data information sent by the operator of the Company while the user is offline.
Condition 4: User information Protection and Collection
4.1 You agree and authorize the Company to collect your user information to carry out the purpose of this agreement and related services. This information includes the information you register in the real-name registration system, the game data of your game account, and other information you provide to the Company or on account of safety, user experience optimization, and for other consideration that needs to be collected by the Company (including but not limited to your drivers, CPU, IP address, operating system, and more). The Company will abide by the regulations of this agreement and the related laws for the collection of your user information.
4.2 You fully understand and agree that the Company or third-party partners can provide you with event information, promotional information, and every other type of information through text messages and email according to your user information.
4.3 You fully understand and agree that the Company can use your mobile phone number, Game Center account, Facebook account, and other accounts recognized by the Company as your game account (including the name, avatar, and friends in this account), and the related operating information, game information, and other information in the game (Below called “the information”, the information specifically includes but not limited to your login status, battle information/status, achievements information, and more), and can display the information to you or other users or friends to provide you with better gaming services and improve the gaming experience.
4.4 You promise to fully respect the personal information that includes but not limited to other users you learn, receive, or come into contact with through the game and related services. You should not collect, copy, save, transmit, or in any other way use the personal information of other users. Otherwise, you alone will bear the burden of the consequences.
4.5 The Company gives priority to protecting user information, privacy, and data security. Please note that the Company won’t take any responsibility for lost game data.
4.6 You fully understand and agree that the Company can’t provide, publicize, or share the name, personal ID number, contact information, home address, and other personal information to any third party without the permission of the user. Except for the following situations:
(1) The user or the guardian of the user authorizes the Company to publish it.
(2) The relevant law requires the Company to publish it.
(3) Judicial authority or administrative office requires the Company to provide on the basis of legal procedures.
(4) When the Company takes legal action or arbitration towards users to maintain its legal rights.
(5) When the guardian of the user legally demands to have the personal information of the user provided.
4.7 In order for us to guarantee the privacy rights of the user and the norms of using the user’s personal information, please agree to the Privacy Policy, the Rules, and the instructions for the protection of children’s personal information. Please carefully read the contents of this policy. Except for legal and regulations, if you have already agreed or authorized the Company on the terms of the previously stated agreement or stipulation to collect, use, or manage your personal information, after you revoke this agreement or authorization, this will not affect the personal information collected, used, or managed by the Company before you revoke this agreement or authorization on the basis that you have already agreed or given authorization prior to your revocation of this agreement. The related personal information collected, used, or managed before you revoked this agreement or authorization by the Company continues to be valid.
Condition 5: Ownership and License
5.1 The Company already has authorized partners to provide the program to users in every published area and has the whole ownership and intellectual property rights of our game and related services. This includes but not limited to user accounts, account data, customer support history, game name, computer code, themes, items, characters, character names, stories, conversations, buzzwords, in-game scenes, concepts, artwork, animation, sound effects, music, visual effects, modes of operations, related documents, applets included in-game, chat scripts, character information, user adapted materials, logs of using this program to enter the game in the service, and personal information data that you provided to the operations team. You fully understand and agree that the Company has the right to provide, disclose, or transfer materials mentioned in this term to their respective licensees or licensors of the Company and its affiliated companies that might be located overseas. The program and service might include the content of third-party licenses. If behavior that violates this agreement is discovered, this third-party licensor might exercise their rights.
5.2 If you make materials or other work (below called “user-adapted materials”) based on the game or game-related materials provided by the Company, the intellectual property rights of these user-adapted materials are jointly owned by the Company and the user. The Company has the right by itself or authorize its affiliated companies and authorized third parties to alone use or embed in-game the user-adapted materials for copying, distributing, releasing, renting, displaying, performing, broadcasting, changing, modifying, transferring permission, transmitting through information networks, and using the above-mentioned user adapted materials to create derived works.
5.3 If the third party does not have permission from the Company or the user to use the user-adapted materials, the user grants and agrees to the Company taking the proper measures to cope with the infringement by the third party. As mentioned above, the expenses arising from the infringement dispute will be undertaken by the Company and any benefits generated shall also be enjoyed by the Company alone. If necessary, the user should assist the Company to provide the relevant supporting materials.
5.4 The Company reserves the exclusive right to make the derived products on the basis of the program. Without the written consent of the Company in advance, you cannot make any derived products in the program’s infrastructure.
5.5 You fully understand and agree that you need to download the game software of our game to be able to obtain the game service. You can download the game from the official website of the Company or download the game from a third-party platform authorized by the Company. If you download the game from a third-party platform not authorized by the Company or download another game with the same name, the Company will not provide normal use of the game to you. The Company will not give compensation for any losses suffered by the user.
5.6 To provide you with a better gaming experience, the Company has the right to update the game software for our game or change some features, effects, or gameplay of the software content to make the game even better and the features more complete.
5.7 After the game software is updated, please update or download the latest version of the game software for our game. The Company does not guarantee that the old version of the game software can be used normally and the user can enjoy the related services in the old version. Please download the latest version without delay.
5.8 You fully understand and agree that you cannot enter the game at any time.
Condition 6: Game Services and Restrictions
6.1 You fully understand and agree to comply with this agreement and game rules to use the game and services of our game. You can only use the game services of our game for non-commercial purposes.
6.2 You fully understand and agree to be subject to some standards of conduct already included in the rules through using the program. These rules are released and updated at unfixed intervals on the Company’s official website or our game’s official website. All users must comply with the service to use the program. For purpose of improving the gaming experience, the game rules published in the game by the Company may contain restrictions on some game items and others that possibly have a definite term of validity. Regardless of the reason, once the term of validity expires, the item will automatically become invalid if you fail to use the item within the term of validity. The Company reserves the right to change these game rules at any time.
6.3 You fully understand and agree that the Company will optimize the gaming experience to provide you with better game services in our game. The Company has the right to make adjustments, updates, or optimizations to any content, rules, or elements in the game (including but not limited to making adjustments, updates, or optimizations to the art design, performance, related value settings, and others for your buildings, game equipment, and other game items.) If the Company makes the relevant adjustments, updates, or optimizations, you agree that you will not hold the Company accountable.
6.4 You fully understand and agree that the Company has the right to transfer or remove some past game data stored on the game server of the Company to ensure the gaming experience for you and other users.
6.5 You fully understand and agree that the Company will take feasible and effective measures to protect the legal interests of underage users during the process of using the game services of the Company according to the relevant laws and regulations of this agreement. This includes possibly taking technological measures to restrict the gaming time of underage users to prevent underage internet addiction. All players should avoid publishing or producing any content that is harmful to the physical and psychological health of underage users during the process of using the game services of the Company to create a healthy gaming environment together.
6.6 You fully understand and agree that one of the conditions you have to comply with is the Company has the right to incorporate the corresponding anti-addiction system into your game account and take the corresponding anti-addiction measures:
(1) The system determines you are a minor (specific details please refer to the relevant regulations or laws issued by your own country) or;
(2) The real-name identification information you submitted is irregular or;
(3) Your real-name verification was not approved or;
(4) You have not registered or have not successfully registered the game account or;
(5) The laws, regulations, policies of other countries demand or the Company has reasonable grounds to believe that the circumstance needs to incorporate the anti-addiction system.
6.7 The Company has the right to take one or more of the following measures to incorporate the related anti-addiction system according to the relevant laws, regulations, and policy regulations of the country, other terms of this agreement, operations strategy of the Company, or according to the reasonable request of your guardian:
(1) Limit your gaming time or gaming duration.
(2) Reduce your game earnings.
(3) Delete or remove your game account, game data, and the related information.
(4) Your legal guardian demands taking or the Company determines to take other reasonable measures to restrict or prohibit your use of games by the Company.
(5) Related measures required by the laws, regulations, and policies of China.
6.8 You fully understand and agree to use legal tender in the game to purchase, buy, or exchange virtual currency, virtual items, and other virtual supplies or value-added services that are regarded as your purchased game services. All virtual currencies, virtual items, and other virtual supplies or value-added services that you bought or exchanged for cannot be returned or exchanged for legal tender, except when the law has mandatory provisions.
6.9 You fully understand and agree that the Company doesn’t take responsibility for your losses caused by force majeure during the process of using the game services of our game under any circumstance. Force majeure includes but not limited to national laws, regulations, policies, orders of government agencies, and other government behavior, or others such as earthquakes, flood, snow, fire, tsunami, typhoon, strikes, war, policies, and other things that are unpredictable, unavoidable, and insurmountable. In consideration of the special nature of the internet and the purpose of this agreement, force majeure also includes the following circumstances that affect the game service provided by the Company: hacker attack, telecommunications technical adjustments that cause significant impact, governmental regulations that cause temporary closure, virus attack, bankruptcy of commercial operations game partner or restrictions by the relevant judicial authorities against its business performance abilities, service problems and operations policy requirements caused by service network construction, implementation, maintenance, and other operational aspects.
6.10 You fully understand and agree that the Company can know the RAM and/or CPU of your device (including but not limited to computer, mobile phone, and tablet) to identify any unauthorized third-party programs that are operating simultaneously with the game through technical means. In this term called “Unauthorized Third-Party Programs” are independently determined by the Company. Third-party software conforms with any of the following characteristics: (i) Realized or assisting cheating or similar behavior, (ii) Methods clearly without the authorization of the Company that let the user alter or illegally invade the game’s interface, environment, or gaming experience, or (iii) Intercept, mine, or by other methods to collect information from the program or through the program. “Unauthorized Third-Party Programs” include but aren’t limited to “add-ons”, “mods”, “bots”, “hacks”, “trainers”, or “cheats”, and others. Once unauthorized third-party programs are discovered, the program will give the relevant information back to the Company. This includes but isn’t limited to your account information, the detailed information of the discovered third-party program, time and date discovered. The Company will take reasonable measures to crack down on this unauthorized behavior.
6.11 You fully understand that there is an objective situation that is not interoperable between different operating systems, which is not caused by us, which may cause your payment data and game data in one operating system to not be transferred to another operating system smoothly. The risk of loss of payment data and game data due to your switching between different systems shall be borne by you, and we shall not be liable for it.
6.12 The Company alone will determine when to terminate the operations of the game. When the Company terminates the operations of the game for other reasons, the Company will handle the terminating operations of the game and related matters according to related laws and regulations of the national relevant online gaming terminations of operations.
Condition 7: In-Game Currency and Goods
7.1 You fully understand and agree that when we provide products and services, we may charge you certain fees for some products and services. In this case, we will make a clear indication on the relevant page. If you refuse to pay such fees, you may not be able to use the relevant products and services. For our tariff products and services, you should purchase them in accordance with our published tariff policy; Otherwise, we may refuse or immediately stop providing you with the products and services.
You may pay using the methods available for the particular Services, including credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose. When you provide credit card or other payment information, you represent that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost, or stolen. We may use a third-party credit card updating service to obtain current expiration dates on credit cards provided by you. Customers who use a payment method other than credit card may incur an additional payment processing fee.
7.2 Game virtual currency will be granted to members through purchases made via the services, campaigns, or other methods designated by the Company.
Unless otherwise specified by the Company, you can use the purchased or granted game virtual currency free of charge only within the services and in accordance with the conditions, scope, and purpose specified by the Company.
7.3 You fully understand and agree that we have the right to determine the charging method and fee standard of game-related services, and we have the right to adjust the tariff policy at any time as needed. The specific charging methods and tariff standards of the game, including but not limited to the right to use virtual items in the game and the specific charging rules for value-added services (if any), etc., are promulgated by us in an industry-wide manner on the official release channel, or the in-game prop mall, purchase interface, game official website, and other modules.
7.4 You fully understand and agree that the game services we provide to you are commercial activities, and you have the right to independently decide whether to pay the corresponding fees according to the charging items determined by us (including but not limited to purchasing the right to use virtual items in the game and accepting other value-added services and other charging items) and charging standards to obtain the corresponding game services. If you do not pay the corresponding fees according to the corresponding standards, you will not be able to obtain the corresponding game services. You acknowledge and agree that the change or adjustment of the charging items or charging standards is a normal business behavior, and you shall not require us to compensate or compensate for the changes or adjustments of the charging items or charging standards.
7.5 You fully understand and agree that when purchasing or exchanging game virtual currency, virtual items, or value-added services, please confirm the status of your account and the relevant payment information that needs to be filled in, if you do not fill in the relevant payment information correctly due to your personal reasons, the game virtual currency, virtual items and other value-added services you purchased or exchanged will not be returned or exchanged into legal tender, except as otherwise mandatory by law; If you purchase virtual items from a suspended account, we will not be able to assist you in completing the transaction. When you initiate a refund for a valid purchase, we have the right to deduct the same number of items for the virtual items you refunded after purchase, and if the number of items to be deducted is insufficient, we will deduct game virtual currency, resources of the same value, or the building level converted into the corresponding resources for deduction or downgrade.
7.6 You fully understand and know that after you successfully purchased virtual items through our official payment channels, the corresponding amount of payment may be delayed due to technical reasons. But please do not worry too much, we will ensure the safety of the virtual items, game virtual currency and payment amount you pay, and the rights and interests you use. If your payment fails, please contact us in time.
7.7 You fully understand and know that when you purchase game services on the official platform of the game, all information including but not limited to bank account (subject) information, bank orders, bank transaction details, flow trends, payment records, and consumption records generated when you conduct transactions through third-party payment institutions, if we can collect them, we will delete or anonymize them unless legally disputed or legally compelled. When you have any problems when purchasing game services, please communicate with our customer service and third-party payment institutions in time, we will actively assist you to solve the problem, but do not assume any responsibility for the problem caused by reasons not caused by us.
7.8 We do not recommend that you purchase, accept gifts, train or otherwise obtain the above game items through a third party other than our authorized party, especially the electronic online trading platform website opened by the third party. Because the above-mentioned game items obtained through third parties may be stolen goods obtained by criminals through theft, plug-ins, etc., victims may claim back or complain through various methods. At the same time, if we find that you have the aforementioned behavior, we have the right to take relevant measures against you in accordance with the provisions of Article 8.6 of this Agreement.
7.9 You fully understand and acknowledge that we have the right to freeze any third-party complaint involving an account involving abnormal transactions or suspected fraud. The corresponding account holder is requested to provide the corresponding supporting materials within 30 days from the date of freezing to prove the authenticity of the transaction or the complaint is not true. If the materials are not provided within the corresponding time or the material review is not passed, we have the right to restore the account data to the pre-deposit state and return the corresponding money for processing.
7.10 The game virtual currency may not be shared, combined, or transferred between users.
7.11 If you are a minor, please make sure to obtain the consent of a parent or any other legal representative before purchasing any game virtual currency. When a minor makes a purchase of game virtual currency, it shall be deemed that the consent of a parent or any other legal representative has been obtained.
7.12 If the content or quantity of your game virtual currency is found to be incorrect compared to the usage status of the services, we can correct your game situation without giving you prior notice. If we deem that you have violated this Agreement and illegally or falsely acquired the game virtual currency, we can delete the aforementioned game virtual currency and cancel your user registration.
7.13 Unless otherwise specified by the Company, the game virtual currency becomes invalid and may no longer be used upon its expiry, the user’s withdrawal from the services, or the termination of the services. In addition, the effective period of the game virtual currency shall be determined by the Company in the services when setting the game.
7.14 Any purchases of virtual items or game virtual currency by you from our game are final. No refunds will be given, except at the sole discretion of the Company. If your user account or your use of this website is terminated or suspended for any reason, or if we permanently discontinue the Services or this website for any reason, then those amounts of all of your virtual items or game virtual currency for which you have not paid in real money will be immediately forfeited.
7.15 We can suspend the provision of the game virtual currency when we deem it necessary, such as in the event that there is a failure in the equipment necessary for the provision of the game virtual currency. In addition, we can terminate the provision of the game virtual currency if we deem it necessary in consideration of various circumstances such as the revision or abolition of laws and regulations, changes in social conditions, other changes in the circumstances facing the Company, etc.
Condition 8: User Behavior Restrictions
8.1 You fully understand and agree that you should comply with local laws and regulations, and respect the local customs and moral standards. You alone will bear legal liabilities for the actions of yourself and your account. At the same time, you cannot use any content or services in our game that violate local laws and regulations of business.
8.2 You fully understand and agree that the user can’t implement the following behavior under any circumstance:
(1) Reverse engineer, decompile, disassemble, protocol simulate, or alter the program or service of our game. Add unauthorized components to our game or behavior that use packet sniffing programs and any other possible changes to the game features of our game or decode the game source code of our game when in the program or service operations of our game.
(2) Change the game program or service program of our game, other game related images and audio, all or some content of the program information by taking the liberty to copy, pirate, transmit, display, and any other method.
(3) Use game bugs in our game to carry out illegal acts, or use bugs to attack the operations and service of our game, destroy the gaming environment, or encroach on the legal interests of other people.
(4) Assist or participate to attack the computer server (“server”) of the support services or any possible activities that ruin the gaming experience of other users.
(5) Use or self-develop software, plug-ins, mods, systems, and substitute behavior that weren’t published by the Company for use in the game and/or to get illegal profit.
(6) All or some content unauthorized on any platform or other public places that display, record, broadcast, or transmit the game or services of our game to other people.
(7) Use the game or services of the Company to implement any profit-seeking behavior.
(8) Alter or cover the game name of our game or the company name, logo, copyright information, or other intellectual property of the Company.
(9) Steal the game account of other people, or not the person who stole the account but actually uses the game account stolen by another person.
(10) Use fraudulent, factitious, concealed, misleading, and other methods to defraud another person’s game account, resources, virtual currency, other items or earnings, disturbing the gaming environment and order.
(11) Other illegal, rule-breaking, or unauthorized behavior.
8.3 You fully understand and agree the user can’t make offline transactions and can’t obtain game accounts, game items, game equipment, game resources, game currency, or other game services through purchases, accepting gifts, or other methods from third parties unauthorized by the Company. The user cannot share and/or sell game accounts and resources. The Company should not be responsible for any transaction behavior described to you above and has the right to reject complaints of disputes that may occur and appeals. You will bear the burden of all consequences created alone.
8.4 You fully understand and agree the user cannot use the National Flags as an avatar or alliance flag and cannot maliciously use the real pictures of other people without authorization.
8.5 You fully understand and agree the user cannot use the game to obtain economic benefits in order to create an excellent gaming environment and a high-quality gaming experience. If your purpose of using this game is not for enjoying the game, but to seek profits, all of your transaction behaviors in the game for economic benefits, virtual supplies, and earnings will be considered as illegal profits. The Company has the right to pursue your legal liabilities.
8.6 You fully understand and agree that if the Company judge that the user violates the provisions of this agreement after review, the Company will take appropriate measures (including but not limited to: not registering or changing account information, warning reminders, correcting within a time limit, reducing or limiting your game revenue, deducting values, recycling virtual items, limiting user permissions or account functions, forcing offline temporary or permanent freezing of accounts, deleting or canceling accounts, banning user accounts, prohibiting re-registration, deleting files and data, etc.). We may publish the processing results, or save relevant information in accordance with laws and regulations and report to the relevant departments. The Company has the right to require you to compensate us for all losses caused by your breach of contract. You shall be solely responsible if your actions cause or arise from your own losses and/or any claims, demands, or losses asserted by third parties; If the Company suffers losses as a result, you shall also compensate for them.
Condition 9: Jurisdictions and Application of Laws
9.1 Unless otherwise clearly prescribed, this term of use applies to the laws and regulations of the place of arbitration, and without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods has been clearly excluded from the application. If you voluntarily select another place outside the region to enter the service, you should comply with the local laws at the same time (within the range of application of the local laws). The game software is still subject to the relevant export controls. The program software can’t be downloaded, exported, or re-exported outside the region.
9.2 Disputes are costly and time-consuming for all parties. To cut down on the resolution time and reduce the resolution costs, you and the Company agree to try to the best of your abilities to reach the same resolution through negotiations of disputes, controversies, or claims of compensation (collectively referred to as “disputes”).
9.3 Binding arbitration: If both parties are not able to resolve the dispute through negotiation (except for civil disputes explicitly listed below). You agree not to commence or prosecute any action in connection therewith other than in the appropriate federal or state court located in Hong Kong, China 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 the state and federal courts located in Hong Kong. The arbitral decision is final and binding to all parties. Your arbitration fees and arbitration compensation that you should make will be undertaken by you alone.
9.4 You and the Company agree that any arbitration only applies to disputes between you personally and the Company. You recognize and agree: (1) Any arbitration will not involve other people; (2) Have no right or authorization to jointly dispute or use the program for joint disputes; (3) Have no right or authorization for permitting representatives to file disputes on behalf of the public or other people.
9.5 You and the Company agree the following disputes are not subject to restraints of the negotiations and the binding arbitration terms described above: (1) Effectively related disputes for any attempt to execute or protect the intellectual property or intellectual property rights of the Company; (2) Any disputes related to stolen, pirated, or programs unauthorized by the Company, or disputes risen from these circumstances; and (3) Requests to remove court injunctions. Such disputes will be conducted by the People’s Court which has jurisdiction over the Company. You and the Company agree to submit such disputes to this court.
9.6 To avoid disputes, this agreement refers to the problem of related data and related technical aspects. The user agrees the data stored on our game servers are the standard of judgment. The team for our game guarantees the truthfulness of this data.
Condition 10: Others
10.1 You fully understand and agree that the Company reserves the complete and independent right to decide to alter, amend, add, supplement, or delete any content of this term of use. If substantial changes occur (the independent judgment of the Company shall prevail), there will be announcements made through one or more of the following methods: (1) Post the announcement on the official website, (2) email, (3) postal mail, (4) pop-up windows, (5) in-game notifications, (6) program patches, (7) Facebook, websites, or important pages of forums. If you are unable to accept the amended content, you have the right to stop using the program and service. If you still install and/or use the program or related services after the changes to this term of use, this means that you accept all of the amended content.
The Company can, according to the situation at the time, alter, amend, suspend, or stop the entire or part of the program or service at any time. This includes but is not limited to updates provided to the hardware/software, inspecting or maintaining hardware or software, or power outages, game data, and other information that is concentrated, stored, or uploaded to the program, to comply with the applicable laws and excludes potential safety hazards or solving emergency situations. You fully understand and agree that you will not demand the Company to pay compensation for these actions for any reason.
10.2 The Company shall not be liable for any damage caused to you by the Game, other than that which is due to the Company’s willful intention or gross negligence; provided, however, that the Company shall not be liable for any damage caused to you due to special circumstances (including circumstances in which you or the Company foresaw or could have foreseen the occurrence of damage), among the damage caused by a breach of contract or misconduct due to the Company’s negligence (excluding gross negligence). In addition, you agree that the indemnification for your damage caused by a breach of contract or misconduct due to the Company’s negligence (excluding gross negligence) shall not exceed the amount of the game virtual currency that you purchased in the month in which such damage occurred.
10.3 You fully understand and agree that on account of the special characteristic of online services, the Company has the right to amend, suspend, or terminate some or all content at any time according to the requirements of the laws and regulations as well as relevant authorities, cooperation status with partners, complaints, and reports of third-party and the development situation of the gaming business for the Company. After the service is terminated, all of your in-game virtual items will not be returned.
10.4 This agreement made up between you and the Company is the complete and only agreement on matters for this term of use, and supersedes the spoken or written agreement concluded for matters reached by this term of use.
10.5 If provisions in this term of use are considered to be illegal, invalid, or lose the power of execution for any reason, this provision will be deleted from this term of use and will not affect the effectiveness of other terms.
10.6 The behavior of any term that fails to be executed by the Company in this term of use should not be interpreted as waiving the current or future rights of this term, and will not affect the rights of the Company to execute these terms of use in the future. The Company clearly raises waiving the regulations, conditions, and requests in this term of use does not constitute waiving investigations in the future of the responsibilities corresponding with this regulation, condition, or request.
10.7 The Company and its licensors shall reserve all rights. If you have any questions, you can email our operations team.
Support team: [email protected]
Hong Kong Ke Mo Software Co., Limited
Effective Date: March 28, 2023