PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT SETS FORTH GOVERNING LAW AND JURISDICTION AND VENUE FOR DISPUTES.
The terms of this agreement ("Terms of Service") govern the relationship between you and Shuoxi Network Limited and its affiliates (referred to as the "Company" "us," "our," or "we") regarding your use of the Company's websites, includinghttps://global.shuoxiwangluo.com(the "Sites"), any Company mobile game (sometimes referred to as an "App") provided on a mobile platform (for example, iOS and Android), or any communication platforms relating to our mobile games, including third party social networking websites (collectively, the "Service"). Use of the Service is also governed by the Company's Privacy Policy available at https://global.shuoxiwangluo.com/, which is incorporated herein by reference.
In addition, when using the Service, users shall be subject to any posted guidelines or rules applicable to the Service that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. Each of you or us may also be referred to individually as a "party" and together as the "parties".
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DISCONTINUE USE OF THE SITES OR APPS IMMEDIATELY.
Your access to our Services
To access the Service or some of the resources it offers, you may be asked to register an account with the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you understand and agree to these Terms of Service. If you access the Service using sign-in services ("SN Service") such as Facebook Connect, Apple's Game Center, Google+ or an Open ID provider, you shall comply with its terms of service/use as well as these Terms of Service. It is a condition of your use of the Service that all the information you provide will be correct, current, and complete and that you will abide by these Terms of Service.
IF WE BELIEVE THAT THE INFORMATION YOU PROVIDE IS NOT CORRECT, CURRENT, OR COMPLETE OR THAT YOU HAVE VIOLATED ANY PROVISION IN THESE TERMS OF SERVICE, WE HAVE THE RIGHT, WITH OR WITHOUT NOTICE, TO SUSPEND YOUR ACCESS TO ANY OF THE SERVICE OR THE SERVICES OF OUR THIRD-PARTY SERVICE PARTNERS, IF ANY, OR TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE YOUR USER ACCOUNT, WITH OR WITHOUT A PRORATED REFUND OF ANY PREPAID AMOUNTS, IF ANY, IN OUR SOLE DISCRETION. YOU CAN LOSE YOUR USER NAME, RELATED PLAYER IDENTITY AND ACCESS TO ALL USER CONTENT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, INCLUDING EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE. WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND YOUR ACCOUNT OR PORTIONS THEREOF AND PROHIBIT ACCESS TO OUR GAMES OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOUR ACTIONS ARE EXPOSING US TO RISK OR LEGAL LIABILITY, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH OUR TERMS OR POLICIES. WE ALSO RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Passwords
During the Account registration process, you may be required to select a password ("Login Information"). You agree not to share the Account or the Login Information with others, or let anyone else access your Account or otherwise jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for your Account and maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you.
Restrictions on your use
You are granted a non-exclusive, nontransferable, revocable, limited license to access and use the Service in accordance with these Terms of Service for your personal non-commercial entertainment purposes. Only the authorized account holder may participate as a licensee and user of the Service. As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is prohibited by these Terms of Service.
• Conduct or promote any illegal activities, including, but not limited to, intellectual property infringement or engage in conduct which we, in our sole discretion, find abusive or objectionable while using the Service;
• Transmit any information that we believe to be, in our sole discretion, discriminatory, abusive, excessively violent, harmful to minors, harassing, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another user of the Service or any other person.
You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately cease. We reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
Ownership
All rights, title and interest in and to the Service (including without limitation any games, titles, objects, characters, character names, stories, dialogue, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, computer code and server software) are owned or licensed by the Company. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with our games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT INCLUDING ANY VIRTUAL GOODS OR CURRENCY, WHETHER EARNED OR PURCHASED, ASSOCIATED WITH THE ACCOUNT, IF ANY, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.
EXCEPT AS EXPRESSLY AUTHORIZED BY THE COMPANY IN WRITING, YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT OR CREATE DERIVATIVE WORKS FROM MATERIALS OR CONTENT THAT APPEARS IN THE SERVICE.
User Content
The Service may allow you to submit, post or upload information and/or content (such as in chat forums) ("User Content").
The Company assumes no responsibility for any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.
Virtual Currency
Our games may offer you the ability to purchase, with "real world" money, the right to use "Virtual Items" which includes (a) "virtual currency", including but not limited to virtual cash, coins, points, etc., all for use in our games; (b) "virtual in-game items"; and (c) other goods or services.
We may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice and we will have no liability to you or any third party in the event that we exercise any such rights.
YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS AT ANY TIME FOR ANY REASON, INCLUDING IN THE EVENT THAT WE TERMINATE YOUR ACCOUNT OR ELECT TO ELIMINATE VIRTUAL ITEMS.
Termination
We reserve the right to terminate these Terms of Service with immediate effect at any time and for any reason. Expiration or termination (for any reason) of these Terms of Service, shall not affect any accrued rights or liabilities which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination.
Representations; Warranties; Disclaimer
WITHOUT LIMITING THE COMPANY'S LIABILITY PURSUANT TO THE FOLLOWING PARAGRAPH, THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES, APPS, OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY ARISING FROM THE USE OF THE SERVICE OR CONTENT.
Limitation of Liability
WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY AND THE COLLECTIVE LIABILITY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF USD$100 OR FEES PAID FOR THE 6-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, IF ANY. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS AGREED TO THESE TERMS OF SERVICE IN RELIANCE ON THE LIMITATION OF LIABILITY STATED HEREIN AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of the Company's liability shall be the minimum permitted under such applicable law.
Indemnity
You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any claims or liabilities arising out of or related to any User Content, breach of these Terms of Service by you, or your use of the Service. You agree that the Indemnified Parties will have no liability in connection with any such breach, User Content, or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith.
BY ACCEPTING THIS AGREEMENT, YOU HOLD US HARMLESS AND WAIVE ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR BY LAW ENFORCEMENT AUTHORITIES.
No waiver
No delay or failure by us to enforce any of these Terms of Service shall constitute a waiver of any of our rights under these Terms of Service. Neither the receipt of any funds by us nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by our authorized representative shall have any legal effect.
Severability
If any clause or provision set forth in this Terms of Service statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law; Jurisdiction; Disputes
These Terms of Service and any disputes arising under or related to these Terms of Service and/or our Privacy Policy will be governed by People's Republic of China law, without reference to its conflict of law principles. You agree to the personal jurisdiction and venue of the People's Republic of China, and waive any objection to such jurisdiction or venue. The prevailing party in any dispute will be entitled to costs and attorneys' fees. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between the parties arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute directly. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous
Both parties shall be independent contractors and these Terms of Service do not create an agency, partnership, or joint venture. Unless stated otherwise in these Terms of Service, these Terms of Service do not create any third-party beneficiary rights. You may not assign your rights and obligations under these Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Service.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery or availability of the Service available through our Sites or Apps arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, third party nonperformance, failures or fluctuations in electrical power, telecommunications equipment or the Internet generally, governmental act or regulation, and other causes or events, whether or not similar to those which are enumerated above.
Changes to these terms
We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms of Service at any time. We will provide notice of such change on the Sites or Apps. Please review the Terms of Service and/or additional terms periodically for changes. Your continued use of the Service constitutes your acceptance of an agreement to be bound by these changes without limitation, qualification or change. If, at any time, you determine that you do not accept these changes, you must stop using the Service.