Terms of Service

Terms of Service

Effective Date: [4/20/2022]

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.

This Terms of Service (“Agreement”) is a legally binding agreement between [SuperNova] and you (“you” or “User”). This Agreement governs your use of or access to our Game(s), our online websites, any game-specific site, customer support, social media, community channels and/or any other online services provided by us and any of our authorized third-party (collectively the “our Services”), whether as a guest or a registered user.

To ensure your relevant rights while using the Services, be sure to carefully read the following regulations before you register to and log in to use our Services, particularly those pertaining to exemption and liability of responsibility.

YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 12 BELOW.

NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.

“Our Game(s)” refer to any game(s) that we have launched or in the future will launch or any of its game(s) during the test process whether or not they are installed or used on a computer, console, or a mobile device.

Our Game(s) include but not limited to the software of our Game(s) (including but not limited to the whole game software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by us under this Agreement, and/or any copy of the foregoing.

However, our Game(s) or Services does not include your application to access Internet services to an Internet service provider, and the provision of hardware required to access Internet services. You shall be responsible for expenses pertaining to the aforementioned arising from the usage of the Services.

Please note the software of our Game(s) may contain Cheat Detection software or features. “Cheat Detection” means functionality intended to identify Cheats. “Cheats” means programs, methods, processes or other programs with software or hardware on any formats that may give users an unfair competitive advantage within our Game(s).

If you do not agree to install the Cheat Detection software or at any time remove or disable the Cheat Detection features, alone or make combination with our Game(s), the license granted to you under this Agreement automatically terminates and you may immediately stop accessing to any of our Services.

Please note that our Game(s) with the Cheat Detection software therein may collect and transmit details about your Account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that we may exercise part or all of its rights hereunder. You confirm that, by installing, copying, running or otherwise using our Game(s), you agree to be bound by this Agreement.

By making a registration or application for the Account, downloading the software of our Game(s), playing our Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing to any services provided by us, you are deemed to have read, understood, and accepted all the terms of this Agreement.

We reserve the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of our Services shall constitute your acceptance to be bound by the newly updated Agreement.

If you do not agree to any term of this Agreement, please do not, either directly or indirectly, use or access to our Services in any way.

1. The Game Account

You may be required to register or have a game account and set up a password in order to use our Services (“Account”).

To create an Account, you will be required to register as a User and accept the Terms of Service. If you do not accept those terms, you will not be able to create an Account.

You may establish an Account only if you are a natural person and an adult (or minors who register Account under parental guardianship) in your country of residence and you are not an individual specifically prohibited by us from using our Services.

When registering as a user (“User” or “Registered User”) you must select a unique username (or probably known as a "nickname" when registering as a user) and password and provide certain other requested information.

You agree that you will:

1) provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process (" Personal Data "); and

2) maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date and complete.

You cannot use a username which is already allocated to another User, and the precondition to use the Services is that you do not choose a username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable username if, in our discretion, we consider that your username (or its use) is offensive or otherwise breaches the user terms in any way.

You agree to provide accurate and complete registration information, and you are not suggested to create an account name that reflects your real name or other personal data.

Please note that you may also be able to play the Game without creating an Account, but you may not be able to access certain parts of the Game, and your Game data may be deleted if you uninstall or otherwise delete the Game.

You shall be responsible for keeping your Account secure and confidential (including but not limited to user names, passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.

Account is unique as well as important to each user. You shall neither transfer or otherwise make your Account information available to third-parties, nor use other user(s)’ Account(s) at any time. If you sell your Account or other related information, we reserve the right to take actions, including but not limited to terminate your Account immediately without any refund.

We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of the terms between you and CMGE. Besides, you will not be permitted to re-register as a User without our express permission.

If you decide to terminate your usership or Account, please contact our support service and we may terminate it as soon as reasonably practical after receiving your termination request. You have the rights to apply for your Account to be deleted, but you may only delete your own Account, and should do so according to the guidelines (e.g., contacting our support service) provided by this Service, and you should ensure that you meet the related terms for Account deletion. You will still be held responsible for your actions taken during the use of this Service before the deletion of your Account. You understand that if you request to have your Account deleted, or if we delete your Account in accordance with the terms of this Terms of Service, you will no longer be able to access the data for any game (including but not limited to levels and score achieved in game, or any virtual items (currency) associated with your Account) previously associated with your Account.

You are responsible for maintaining the confidentiality of your Account information and if any third-parties uses your Account or otherwise access to your Account, you may not claim compensation from us. Besides, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify us immediately. We will regard all use of your Account as being by you, except where we have received and acknowledged your notification.

Our staff (including customer service representatives, game managers, etc.) will never ask you for your password. You are fully responsible for keeping your Account and password safe. If you fail to take the proper precautions and your Account and password are used illegally, any such act will be attributed to the user and you will be held responsible.

You should protect the safety of your Account and password, and not divulge either under any circumstances whatsoever. If you discover that a third party has illegally used your Account or if it is otherwise used without your explicit consent, or if your account's security has been compromised, you should inform us immediately. Once we have verified and confirmed that your Account has been used without your consent, we may terminate the use of this Account and password combination. We will provide a mechanism for proof and communication between you and the third party who is using the Account. Should a third party not agree with how we handle such issues, it can instead be reported to the authorities to be handled via judicial channels. You shall bear all the legal responsibilities should your claim be untrue and it damages the rights of us or a third party.

If you forget your password, you should notify us at once and follow our instructions. We shall not be responsible for any losses (including virtual items (currency), points you attain in the game, game progress, and content you post in the game) incurred by you forgetting your password.

Should your device's model change, or if it changes for any reason, and you wish to continue using your Account on the new device, you should follow our procedures.

2. Rules of Usage

1) You acknowledge and agree that your use of our Services is also governed by the Privacy Policy which may be amended from time to time by us in its sole discretion. You acknowledge and agree that the Privacy Policy is incorporated and a part of this Agreement.

2) Subject to all applicable law, on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any)between you and us, we hereunder grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right and license to install and use one copy of the software of our Game(s) solely for your own personal entertainment and non-commercial purpose on a device you legally own or control.

3) Playing our Games with Other Users

i. Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to choose to play against another user or to play social with another user whom we select for you, or play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games or Services to interact with. Some of our Games may also allow you to search for your friends (by user names or by emails, etc.) in order to find them to play against or socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

ii. Where we select another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (your past scores, your country, or the level you have reached in the game or your other gameplay activities, etc.).

iii. By accessing and/or playing our Games you agree that our display name, scores, avatar, country location, online/offline status and other related details may be displayed in and all media (whether it exists now or in the future), for any purpose, in perpetuity without any payment to you. You also understand and agree that other users may find you by searching for you with your email address or username. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.

iv. Some of our Games may include functionality that may allow you to participate in text/and or video chat with other users.

4) While providing the Services in accordance with the terms of this Agreement, we shall maintain our computer systems and provide security that can reasonably be expected based on technology and professionalism at the time.

5) Information, data, applications, sound, images, graphs, videos, labels or other materials that you or other users send, upload, exchange, transmit, or otherwise provide via this Service hereinafter refer to as 'Content'. You understand and agree that any Content you may send while using the Services, whether published publicly or sent privately, is the sole responsibility of the Content sender. This means that you, not us, are fully responsible for any Content uploaded, exchanged, or transmitted or otherwise provided via this Service. If we consider any Content uploaded via the Services violates any part of the terms of this Agreement, or said Content harms the reputation of us or the Services, we reserve the right to delete said Content.

You acknowledge and confirm that you may not, either directly or indirectly, do or attempt to do any of the following action with respect to any or all of our Services:

i. Post, upload, transmit or otherwise disseminate Content that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;

ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;

iii. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of us or third-parties;

iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;

v. Exploit, distribute or publicly inform third-parties of any game error, miscue or bug, regardless of an intended advantage or not;

vi. Sell, lease, rent, license, sublicense or otherwise use whole or part of our Services and related contents, information, element for a commercial purpose;

vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of our Services;

viii. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of our Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;

ix. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or

x. Post, upload, transmit or otherwise disseminate any Content that contains unsolicited or unauthorized advertising, promotional materials, [spam mail], [spam advertising mail], or any other form of solicitation.

xi. Transfer, agree to sell or trade any account without authorization.

xii. Collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission.

xiii. Use the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services.

xiv. Allow or assist any third-parties to do any of the above.

You further confirm that your will respect local customs or practices and the use of our Services shall obey any applicable laws or local regulations. And you shall immediately stop using or accessing to our Services when local laws or local regulations so require.

Except as expressly authorized under this Agreement, you may not copy our Services whole or part or any accompanying materials therein. Because our Services contain our proprietary information, you agree: (a) to hold in the strictest confidence all code and any technical elements of our Services, (b) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (c)subject to all applicable law, not to make use of our Services except for your individual enjoyment and non-commercial purpose.

Except expressly authorized herein, any use of our Services whole or part, without our prior written consent, is strictly prohibited and the license granted herein will be terminated. We expressly reserve the right to deny anyone access to our Services at any time for any reason without prior notice. You further agree that we, without any liability, shall be entitled to suspend or terminate providing any of our Services or change the provided content at any time for any reason without prior notice.

We reserve the right, but are not obligated, to attention or be involved in disputes between users. While we may choose to attention and take action upon inappropriate game play, chat or links in or to our Services. You are solely responsible for any interactions with other users. By using our Services, you acknowledge and accept that at any time there may be language or material, accessible on or through our Services, that may be inappropriate, in particular for children, or otherwise offensive to some users of any age, race, religion, gender. You agree that under no circumstances shall we be liable for any such inappropriate user behavior or language. We reserve the right to suspend or terminate your access to our Services and/or take other actions at the same time.

You further agree that we may not be liable for the behavior of any other users or third-parties, including but not limited to any third-parties’ websites or services linked on or through the our Services.

6) Information Disclosure

We may provide game-related information on the platform.

You have no right to request that we provide or disclose internal information pertaining to the scoring method of the Services or the probability of virtual item drops and acquisitions unless otherwise prescribed by mandatory provisions in law.

All data available when you play the Game, including but not limited to characters, gear, items, monster abilities or other similar information, is designed by the game company. We may make appropriate adjustments to related parameters to ensure the game's fairness, and announce any such adjustments.

7) Game Updates & Suspension

You understand that the Services or Game is an ongoing development. We will provide software updates or changes from time to time to improve the user experience and the Services, and may as such request that you accept updates to the game or Services installed on your device. You understand and agree that we may update the Game or Services with our without notifying you. You may need to update third-party software from time to time to access the Game or Services. You have the right to choose whether to accept Game or Services updates. If you do not accept an update, some functions may be restricted or unavailable to you.

We may change all or part of the Game or Services content at any time and for any reason, or suspend or terminate the provision of the Game or Service without prior notice to you.

Should any of the following situations occur, we may suspend or terminate the provision of the game and Services without prior notice to you:

i. If we are unable to provide the game or Services due to natural disasters such as earthquakes, tsunamis, typhoons, lightning, rainstorms or floods, or due to fire, power failure or other unforeseen events or circumstances, war, conflict, riot, unrest or labor dispute.

ii. If we are unable to provide the game or Services due to regular or emergency maintenance of the system, maintenance required to provide the game or Services or network system overload and issues of the provider.

iii. And in addition to the above, when we determine it necessary to suspend or terminate the provision of the game or Service.

We shall not be held liable for any loss incurred by you as a result of changes, suspension or termination of the game or Services described in this article, except for situations attributable to us.

8) Terminating Operation

Should this Agreement be terminated because we terminate the operation of the Services, we will, to ensure the legitimate rights and interests of our users, deal with matters related to the termination of the Game operation in accordance with relevant laws and regulations, including but not limited to announcing said termination on the main page of our website, on the in-game login menu, or purchase menu prior to the termination. In-Game Currency and Goods you have not yet used or Services that have not yet expired, may on our discretion be returned to you in a legal currency or in another way of your acceptance, according to the rate at the time of your purchase.

3. User Contributions

1) Our Services may contain various websites, forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through our Services (“User Contributions”), including but not limited to any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or other materials appearing on or emanating to or from our Services. We have no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit and/or remove any or all of User Contributions that are objectionable or inappropriate at any time without prior notice. We may also at any time terminate or suspend your access to any of the User Contributions for any reason and without prior notice.

2) Any of the User Contributions may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third-parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for you own behavior when using our Services, including but not limited to any User Contributions posted by you. You also acknowledge and confirm that under no circumstance, shall we be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by us.

3) You acknowledge and agree that when you use our Services, you have no expectation that your User Contributions will be private and we may disclose your User Contributions for any reason without prior notice.

4) Any User Contributions that you post will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally grant us a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Contributions for any reason, including our exercise of the rights you grant to us in this section and that we are not obligated to exercise such granted rights. Furthermore, you agree that any such submission by you shall not create any contractual relationship between you and us. You also grant all other users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through our Service without prior notice, attribution or compensation to you. Except to the extent such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country worldwide.

5) You represent and warrant that the User Contributions: (i) are accurate and not fraudulent or deceptive; (ii) do not violate any rights or interests (including but not limited to intellectual property rights) of us and/or third-parties. You understand that User Contributions may be copied by other users and discussed within or outside of our Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that we takes no responsibility and assumes no liability for any content posted by you or any third-parties.

6) WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. YOU MAY, HOWEVER, MAKE COMPLAINTS BY ACCESSING TO OUR SUPPORT SERVICE.

4. Child

1) You acknowledge that the BELOW STATEMENT would change at any time if any protection of Minors policy in your country/region undergo changes.

2) You represent that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as a majority) when using our Services. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (“Minor” or “Child”), YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.

3) Subject to the laws, regulation or rating system demand of your country of residence, minor may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child to use an Account, you hereby agree to this Agreement on behalf of yourself and your Child, and you agree that you will be responsible for any use of our Services by your Child, whether or not such use is authorized by you.

4) Once you register to an account on our platform and log in, we presume that you meet the required age of relevant laws and regulations for the usage of our Services. If we become aware that we have obtained personal information from a child, we will delete such information in accordance with applicable law.

5. Ownership / Intellectual Property

1) We shall own all rights, titles and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to our Services under this Agreement. You acknowledge that your use of our Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of our Services may cease to be available to you at any time without prior notice in the sole discretion of us.

2) Any or all of our Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of our Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in our Services) are protected by applicable laws from unauthorized use.

3) You agree that any or all of our Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without our express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires the express prior written consent of us. Please note any unauthorized reproduction or redistribution of our Services shall be prohibited and may result in severe legal penalties.

4) We remain the sole owner of rights, titles and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to our Services. You acknowledge and agree that you may not have any right or interest as a result of using our Services, except explicitly granted to you under this Agreement.

6. User Content

1) “User Content” means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to us or our agents pertaining to our Services. You confirm that you irrevocably grant us a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable and unlimited license, allowing us to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. Besides, your participation in a “test period” or a “beta version” game or something of that kind may be agreed upon separately and your access to our game may be subject to specific rules, such as limited period or limited number of users to access to the game, our reserved rights to modify or delete the game data of users. Please read carefully those specific rules and your cooperation and User Content upon our beta version of the game are highly appreciated.

2) If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from us.

7. In-Game Currency and Goods

1) Our Services may include an opportunity for you to purchase virtual, in-game currency (“Virtual Currency”) with real money. Our Services may also include the purchase of virtual, in-game digital items (“Virtual Goods”) with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Agreement and we reserve and retains all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.

2) Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside our Game(s), you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of your Account with the reserve of our rights to continue claiming for compensation.

3) We reserve the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that we may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.

4) When you provide payment information to us or our authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize us to charge such payment method for the full amount of the purchase transaction.

5) The cost of any Virtual Currency and/or Virtual Goods that you may purchase are handled by Google Play in-app billing (for Android users) and in-app purchases (for Apple iOS users). Our payment processing partners may have their own terms and conditions, and you should ensure that you agree to these terms and conditions prior to making a payment. Should your transaction with our payment processing partner fail, your purchase will not be completed. Once your payment transaction has been completed, we will endeavor to complete your purchase and order as soon as possible.

6) You agree and consent that due to the special nature of online game services, there is no physical goods transaction, and your purchasing experience comes from online game services provided by the game manufacturer. Therefore, refund is not applicable unless the Game operation is terminated.

8. Protection of Personal Information

1) All the information collected from you is subject to Local Laws and we shall try our best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of our Services shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, user has the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see our Privacy Policy for more information regarding to the collection and use of your information.

2) You agree that we may create membership statistics based on your personal information. As long as statistics do not involve the disclosure of your personal identity, you agree and allow us to use them for any legal and public purposes.

9. Inappropriate User Behaviors

1) We hold you accountable for your own behaviors and languages, encourages you to play our Game(s) in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behaviors. You are prohibited from, in any way, claiming as our employees or disseminating false information either to us or third-parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attacking, threatening or insulting towards a portion or all of the users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.

2) You are prohibited from engaging in, directly or indirectly:

i. vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards us or other users;

ii. use of any unapproved payment methods;

iii. use of cheating programs or other malicious game programs;

iv. dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;

v. disclose, furnish, disseminate or otherwise make any of our or other users’ un-public information available to third-parties; and/or

vi. any other inappropriate behaviors or languages that may damage the reputation of us.

3) We reserve the right, but are not obligated, to attention or be involved in disputes between users. Depending on the relevant situation, we may take action, including but not limited to, sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, deleting game files or otherwise take actions in our sole discretion. We reserve and maintain the final rights to interpret and take actions according to relevant circumstances of your inappropriate behaviors. If your rights are violated by other users, we will assist you in providing the necessary materials to defend your rights.

4) If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of our Game(s) or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior prior notice, suspend your access to our Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without prior notice.

10. Indemnification

You agree to defend, indemnify and hold us and/or our affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:

1) your access or use of our Services;

2) your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;

3) any materials, User Contributions, User Content or other information provided by you or on your behalf;

4) your violation of any applicable laws or third-parties’ rights and interests; and/or

5) your other illegal or inappropriate behavior.

11. Injunctive Relief

Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, we shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which we may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from us.

12. Limitation of Liability

1) You agree that your use of our Services shall be at your own risk. We provides our Game(s) and/or our Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable laws, we and/or our affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether we have been advised of the possibility of such liabilities.

2) WE HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL OR WRITTEN. We make no warranties about the accuracy or completeness of our Services. Also, We assumes no liability or responsibility for: (i) any errors, mistakes, or inaccuracies of our Services; (ii) personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of our Services; (iii) any interruption, suspension or termination of our Services; (iv) any bugs, viruses or similar links transmitted by third-parties on or through our Services; (v) any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or (vi) any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.

3) In no event shall we be liable to you or third-parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if we have been advised of the likelihood of such damages occurring.

4) We have no control over Third-party sites which you may have access, including those sites which are linked to our websites. Therefore, we are not responsible for the content or function of any other websites, and disclaims any liability for any aspects of such Third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.

5) THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF US AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST US. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.

13. Limitation on Claims

To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or our Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.

14. Modification

We reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of our Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to our Services will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of our Services, your license under this Agreement shall immediately terminate and you may immediately stop accessing to our Services.

15. Non-waiver

No failure or delay on the part of us in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.

16. Notice

If to you to the maximum extent permitted by applicable laws, we may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of our Services) to the users through one or more of the following, including but not limited to notice or announcement within our Game(s), page announcement on our websites, games, official channels, web site tips, mobile phone messages, email, or other contact information you provided to us.

Once any notice is dispatched or sent in any way listed above by us, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform us in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.

17. Termination

1) Without limiting any other rights of us, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein. You may also terminate this Agreement by deleting our Game(s) from all devices on which you’ve installed and immediately stop your uses of our Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of our Game(s) in your possession.

2) Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of us and the authorization (if any) granted to us shall still remain in effect and survive the termination of this Agreement.

18. Severability

If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of us.

19. Governing Law

1) This Agreement shall be governed by and construed under the laws of the People's Republic of China. The Convention on Contracts for the International Sale of Goods will not apply. You and we agree that any dispute arising from this Terms of Service Policy shall be submitted to People's Court of Futian District, Shenzhen City, Guangdong Province, China.

2) SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

20. No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of us. Otherwise, we may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, we shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

21. General

1) This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements regarding the subject matter (if any) between you and us. The terms listed in this Agreement may not fully cover all rights and obligations between us and you. The Privacy Policy, statements, and information announced by us shall be regarded as supplementary terms and inseparable parts to this Agreement, and have the same legal effect as this Agreement. The actual game management rules and regulations for specific games can be found on the platform or in the game, and such game management rules and regulations form part of this Agreement. You should also comply with these rules and regulations for each game you choose to access and/or play.

2) References to “include”, “includes” and “including” shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.

3) Affiliate in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by or is under common control with us hereto.

4) We may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.

5) In addition to any other limitations which may be set forth herein, we may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of us, such as acts by governmental authorities, acts of God or other events outside of the reasonable control of us.

6) You agree that we expressly reserve the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing to our Game(s) and/or our Services; to cease providing any services; and/or to change, add any portion of our Services.

7) You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.

8) In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.

22. Contact

If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at [ kefu028@cmge.com ].