VOLCANO FORCE TERMS AND
CONDITIONS
Last
Updated: March 3rd, 2022
PLEASE READ THESE TERMS CAREFULLY AND GIVE YOUR
CONSENT
THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN, AMONG OTHERS, PROVISIONS RESTRICTING OR RELEASING
CERTAIN LIABILITIES, OR OTHERWISE RELATED TO YOUR MATERIAL RIGHTS AND
INTERESTS. PLEASE READ CAREFULLY AND FULLY UNDERSTAND EACH AND EVERY PROVISION
HEREOF.
These Terms are a legal agreement between Volcano
Force Technology Co., Limited ("Volcano Force" or "We" or
“Us”) and you ("You"). By clicking “agree”
and using or accessing any Volcano Force game or application operated by us
which incorporates these Terms, or any services provided by us in connection
with the game or application ("Services"), You agree to be
bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR OTHERWISE
ACCESS THE SERVICES. By accessing or using the Services, You
agree that You have read, understood, and accepted to be bound by these Terms.
We may change, modify, revise these Terms at any
time by posting the amended Terms on our Services, and You agree to be bound by
such modifications or revisions. Your continued use of the Services after notification
of such changes or updates will constitute your acceptance to the revised
Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD STOP USING THE SERVICES.
1.
YOU MUST BE CERTAIN AGE TO ACCEPT THESE
TERMS AND USE THE SERVICES
1.1
You must be 16
years of age (“Minimum Age”) or older to get access to our Services and accept
these Terms. If You are 16 or over, but are remain under
the legal age to enter into a contract in the jurisdiction You reside in (“Legal
Age”), We require that You review these Terms with your parents or (legal)
guardian to ensure that they read and agree to them. If You are the parent or
(legal) guardian of a minor user of our Services below the Minimum Age or Legal
Age and You have questions about these Terms, please contact Us in the way
specified in Schedule 1.
1.2
By accepting
these Terms, it represents that You are over Minimum Age or Legal Age and agree
to these Terms, or your parents or (legal) guardian
have read and agreed to these Terms if your age is not satisfied to accept
these Terms as stated foregoing, and You understand and agree that We are
relying upon that representation in allowing You to use the Services.
1.3
Notwithstanding
the above, certain portions of our Services may contain mature content not
suitable for anyone younger than the Legal Age. If You enter any portion of Services
which is intended for or is marked for mature audiences only, You are certifying that You are at least of Legal Age and
have the legal right to access such content. We shall not be responsible in any
way for your failure to accurately confirm your age per these Terms hereunder.
1.4 Please note that age recommendations might be found in descriptions of
our Services when you download the Services from third party platforms (e.g.,
Google Play). However, such age ratings or classifications are independently done
by third-party entities and cannot represent our intended age range of users,
and such age recommendations are not necessarily in line with these Terms.
2.
YOUR ACCOUNT
2.1
Login to the
Services. You may get access and use certain features
and functions of Services by creating an account directly with Us (a “Volcano Force Account”), or by using a third-party social network account (“Social
Network Account”, such as Facebook,
Google, Apple Game Center account, etc.). The account created and/or
bound by a Volcano Force Account or a Social Network Account will be collectively
referred to in these Terms as a “Game Account”.
2.2
Volcano Force Account
Information. When creating a Volcano
Force Account, You agree to (i) provide true,
accurate, current and complete information as requested in the required fields
(the “Account Information”); and (ii) promptly maintain and update such
Account Information to keep it true, accurate, current and complete. If the Account
Information You provided is untrue, inaccurate, misleading or outdated, We have the right to suspend or terminate your access to
your Volcano Force Account. You will not be deemed as the creator of a Volcano Force Account if your identity information does not match that is on record for such Volcano Force Account, unless You are able to provide Us with information evidencing the
contrary.
2.3
Terminate your Game
Account by You. You may
terminate your Game Account by contacting Us in the way specified in these
Terms to inform Us that You wish to terminate your Game Account. Please note
that if your Game Account is created via a Social Network Account, as long as
you revoke your authorization to access your Game Account via Social Network
Account from the settings page within the relevant mobile game, your Game
Account will be terminated and
no access will be permitted. . The
termination of a Game Account is irreversible and irrevocable, and your Game Account
can no longer be accessed and used again after your Game Account being
terminated. Please be aware that terminating your Game Account will affect your
normal use of the Services, please make sure to back up your information and
all data before proceeding to terminate your Game Account. Please note that We
are not liable for any inconveniences or consequences arising out of
termination of your Game Account.
2.4
Restrictions may
apply if You use our Services without creating a Game Account. You can use the “Visitor Mode” for quick login in to
the game. Through quick modes such as “Quick Game” and “Visitor Login”, users
can quickly log in to the game without creating a Game Account. You acknowledge
and agree that You may not be able to top up and consume under the “Visitor
Mode”, so please bind your Account immediately after login. If You fail to do
so, once You uninstall or reinstall the Services, or if You change or replace, the
terminal device on which You use our Services, or terminal devices are damaged
or lost, all the game-related data under the Visitor Mode may be cleared, with
no possibility of query or recovery the terminal.
2.5
You shall be
solely responsible for your Game Account.
a. You, as the creator of your Game Account, are solely responsible for your
Game Account. We will not tolerate offensive or obscene Account Information (such as username or
profile pictures). If the Account Information provided or uploaded by You
violates any part of these Terms, We may immediately,
temporarily, or permanently ban such Game Account, with or without notice.
b. Your Game Account may only be used by You. You shall not share, jointly
use, sell, give away, lend, transfer, assign, exchange, inherit or otherwise
trade your Game Account for free or for profit. You shall not misuse your Game Account
and You shall ensure that your Game Account may not be misused by others. You
agree to accept all risks of misuse of and unauthorized access to your Game Account
and to hold Us and our affiliates harmless from and against any misuse of your Game
Account, including, but not limited to, improper or unauthorized use by someone
to whom You revealed your password.
c. Please note that, You are responsible for
maintaining the confidentiality and security of your Game Account and password
(if applicable) at all times. You acknowledge and agree that You will be deemed
as the person who uses the Game Account, and any acts made by the Game Account
will be deemed as your acts. You further acknowledge and agree that You are
solely responsible for all activities and transactions that occur under your Game
Account no matter who actually uses it. You agree to
immediately notify Us if your password is lost, stolen, or disclosed to an
unauthorized third party, or otherwise may have been compromised, or of any
misuse of your Game Account or any other breach of security in relation to the Services
known to You.
2.6
Your Game Account may be suspended or
terminated by Us.
When your Game
Account is suspected of being involved in illegal or improper activities (such
as hacking, being hacked, using plug-ins, etc.), You shall cooperate with
(e.g., answer the questions truthfully) the relevant personnel designated by Us
to solve the issue. You agree to use the monitoring data from Us or
acknowledged and/or approved by Us as the basis for determining whether the Game
Account has been hacked, whether plug-in is used, or any other improper or
illegal acts exist, unless You are able to overturn such monitoring data by
providing sufficient evidences acceptable to Us. You
further acknowledge and agree that, if We determine that your Game Account is
involved in any improper or illegal acts, We have the
right suspend or terminate your access to the Game Account and take remedial
measures such as returning the virtual items (including, without limitation,
Virtual Currency, virtual props and equipment, etc.) to the proper Game Account,
etc. You also acknowledge and agree that We are not obligated to provide You
with the evidence relating to the suspected improper or illegal acts of your
Game Account, unless otherwise required by applicable laws.
2.7
We have no
obligation to your Game Account created via Social Networks. You acknowledge and agree that your Social Network Account is registered
and created directly with the third party social
network platform, then your use of a third party Social Network Account is
subject to the terms and conditions of the platform that provides it All the
matters relating to such Social Network Account shall be resolved by You and
the applicable third party social network platform. You shall inform Us in the event that your Game Account is stolen or otherwise
not used in ordinary course.
3.
YOUR GAME DATA
3.1
During your use
of Services, there may be game data exceptions due to malfunction of the system
in the Services (e.g., abnormal data due to software bugs in the program or
version defects), third-party virus attacks or other factors. We will
investigate the cause if such data exceptions happen and thus may need to
freeze your game account or role during the investigation. If the data
exceptions are caused by abnormal game behaviors, We
have the right to restore your game data to a point on which before the
abnormality occurred in time. If such data restoration decreases your virtual
items, We may compensate You with certain virtual
items which may depend on the circumstances. You acknowledge and agree that We
have no other obligations to You in connection with such data restoration.
3.2
Your game data
will be eliminated for non-use. We may merge the servers for the Services from
time to time. If non-paying users fail to get access to the Services for a
period longer than consecutive 180 days, We have the
right to irretrievably delete your Account and any and all data (e.g., all data
relating to your in-game character) there under will be eliminated and
non-restorable.
3.3
Due to
non-interoperability between different operating servers, You
may not be able to share your account, game data and top-up records between
different operating servers. Any loss of top-up or game data caused by
switching between different servers shall be at your own risk, and We shall not
be held accountable for that.
4.
YOUR OBLIGATIONS
4.1
You may receive messages and announcements. You
understand and agree that the Services may include service announcements and
administrative messages and, to the maximum permitted by applicable law, You may not have the right to opt out of receiving them.
4.2
You are
responsible for your own device. You are
required to provide your own device, network equipment and network resources
for use of the Services, and to pay for all fees incurred as
a result of having access to the Internet. You agree that We
are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide
Internet access, and You are responsible for all fees relating to telephone and
Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to
the servers.
4.3
You shall not
circumvent our technical measures. We may take
technical measures in the Services to prevent unauthorized use of the Services
and to prevent any violation of these Terms. You acknowledge and agree that You
will not seek to circumvent such technical precautions, nor use the technical
defects or bugs in the game to benefit yourself and/or others in any manner
(including, without limitation, duplicating virtual items in the game).
4.4
You may be
required to pay for the use of the Services. You acknowledge and agree that certain Services are limited to users
who pay for the corresponding Services.
4.5
You are required
to comply with the following restrictions when using the Services. You:
a. shall not use the Services for any illegal purposes;
b. shall not modify, reverse engineer, decompile, disassemble, copy, or
distribute the Services and any elements or software embedded therein,
including without limitation, modifying any proprietary communication protocol
of the software, and modifying or locking data in dynamic random
access memory (RAM);
c. shall not take any acts which are out of the ordinary course (including,
without limitation, damaging, attacking or overloading the servers) that may
affect the provision of the Services;
d. shall not use any plug-in or game modification program (“plug-in” refers
to any and all programs that are independent of the
game software and can affect the operation of the game while the game is
running, including, without limitation, simulating user operations, changing
operating environment, modifying data and otherwise. If the definition of
plug-in stipulated by applicable laws conflicts with the definition hereunder,
the definition under applicable laws shall prevail);
e. shall not use the Services by using or with the assistance of third-party
software not approved by Us;
f.
shall not take
any action that violates the game rules and fairness of the game;
g. in order to avoid disrupting the fairness of the game, You
acknowledge and agree that You shall only use the Services in an ordinary
manner. Trading of virtual items and other profit-making actions as below,
unless expressly permitted by Us, will be deemed as improper benefits
and are prohibited, including, without limitation:
h. shall not log in the game by unusual methods (including, without
limitation, by third-party software or systems not developed, authorized or
approved by Us), make payments by using invalid credit card, stolen credit
cards or other illegal methods, use a network accelerator or other plug-in or a
robot program to maliciously disrupt service facilities and disturb ordinary
service orders;
i.
shall not
create, broadcast or use plug-ins, packages, acceleration software and other
programs to cheat, or organize or abet others to use such software programs, or
sell such software programs to make profits for individuals or organizations;
j.
shall not attack
or attempt to attack the servers, routers, switches and other devices providing
game services in any manner, to obtain the data illegally or to modify the data
without authorization, and any other acts that would damage the use of the
Services in the ordinary manner;
k. shall not use the Services and network service systems in any acts that
may adversely impact the operation of the Internet in an ordinary manner, or
may interfere with the use of Services provided by Us in an ordinary manner;
l.
shall not use
the Services for illegal or improper dialogues or game play, including without
limitation, sending or distributing third-party websites and game trading
platforms unapproved by Us, enticing other players to search for such
third-party platforms, trading mechanism unapproved by Us, engaging another
person to level up for your own Account, etc.;
m. shall not obtain virtual items in a manner that violates the game rules
or in other improper or illegal manner; and
n. shall not use any robot, spider, crawler or
other automatic device, process, software or queries that
intercepts, “mines”, scrapes or otherwise accesses the Services to
monitor, extract, copy or collect information or data from or through the
Services, or engage in any manual process to do the same.
4.6
We may retrieve
data for You. We may, but are not obligated
to, provide services to retrieve stolen items upon your request for free or for
cost. You may contact our customer service team for retrieving stolen items, in which
case You will be required to provide Us with information and documentations
required by Us for verification of your identity purpose. For the avoidance of doubt, We do not make any
express or implied warranties or guarantees to successfully retrieve such
items. Details of the services to retrieve such items may be subject to
separate guidelines (if any) stipulated and published by or on behalf of Us, as
may be updated by Us from time to time.
5.
YOUR CONTENT
5.1
The Services may
include discussion forums, chat rooms, user feedback, messaging features,
comments and other interactive areas or services (“UGC Areas”) in which You
or other users create, post, send or store any content, messages, materials,
data, information, text, music, sound, photos, video, graphics, code or other
items or materials in connection with your use of the Services (the “User
Content”).
5.2
User Content posted to the UGC Areas is publicly available and not
confidential. We strongly recommend that You not publish any personal
information about yourself or others.
5.3
You
are solely responsible for the User Content You post and for your use of the Services including UGC Areas.
5.4
You
agree not to post, upload to, transmit, distribute, store, create or otherwise
publish any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of
privacy or publicity rights, abusive, inflammatory, fraudulent, racist, inconsistent
with social, culture or moral standards or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for
a criminal offense, violate the rights of any party, or that would otherwise
create liability or violate any applicable laws;
c. User Content that may infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any person or entity.
By posting any User Content, You represent and warrant
that You have the lawful right to distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity;
e. User Content that is harmful to adolescent;
f.
unsolicited
promotions, political campaigning, advertising or solicitations;
g. private information of any third party, including without limitation,
addresses, phone numbers, email addresses, government identity numbers and
credit card numbers;
h. viruses, corrupted data or other harmful, disruptive
or destructive files; and
i.
User Content
that violates any community guidelines (if any) or that, in our sole judgment,
is objectionable or which restricts or inhibits any other person from using or
enjoying the Services, or which may expose Us
or our users to any harm or liability of any type.
5.5
You acknowledge and agree that We take no
responsibility and assume no liability for any User Content posted, stored or uploaded by You or any third party, or for any
loss or damage thereto, nor are We liable for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography or profanity You
may encounter. Your use of the Services including the UGC Areas is at your own risk. As a provider of
interactive services, We are not liable for any
statements, representations or User Content provided by users in any public
forum, personal home page or other UGC Area. Notwithstanding the forgoing, We reserve the right, and have absolute discretion, to
remove, screen or edit any User Content posted or stored at any time and for
any reason without notice, especially if We may be held liable for such User
Content or not removing such User Content.
5.6
You are solely
responsible for creating backup copies of and replacing any User Content You
post or store at your sole cost and expense. Any use of the Services including
the UGC Areas or other portions thereof in violation of the foregoing violates
these Terms and may result in, among other things, termination
or suspension of your rights to use the Services or any part thereof.
5.7
You represent and warrant that, subject to Section 8 herein, You own and control all of the rights
to the User Content that You post or You otherwise have the right to post such
User Content to the Services. You
also represent and warrant that (a) the User Content is not misleading; and (b)
the use and posting of the User Content You supply does not violate these Terms
and will not violate any rights of or cause injury to any person or entity. You
shall be solely liable for all royalties, fees, damages
and any other monies resulting from any infringement of such right or any other
harm resulting from any User Content You provide.
5.8
YOU GRANT TO US
ALL CONSENTS, CLEARANCES AND A NON-EXCLUSIVE, PERPETUAL, WORLDWIDE, COMPLETE,
SUB-LICENSABLE, TRANSFERABLE, ASSIGNABLE, FULLY PAID-UP, ROYALTY-FREE AND
IRREVOCABLE LICENSE TO RE-POST, PUBLISH, USE, QUOTE, ADAPT, TRANSLATE, ARCHIVE,
STORE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, SYNDICATE, LICENSE,
PRINT, SUBLICENSE, DISTRIBUTE, TRANSMIT, BROADCAST, OTHERWISE COMMUNICATE,
PUBLICLY DISPLAY AND PERFORM, DIGITALLY PERFORM, MAKE, HAVE MADE USE, SELL,
OFFER FOR SALE, IMPORT OR OTHERWISE EXPLOIT THE USER CONTENT, OR ANY PORTION
THEREOF, IN ANY MANNER OR FORM AND IN ANY MEDIUM OR FORUM, CREATE DERIVATIVE
WORKS OF SUCH CONTENTS, WHETHER NOW KNOWN OR HEREAFTER DEVISED, WITHOUT NOTICE,
ACKNOWLEDGMENT OR COMPENSATION TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU WAIVE AND AGREE NOT TO ASSERT ANY MORAL OR SIMILAR RIGHTS
YOU MAY HAVE IN USER CONTENT. You may terminate this license at any time by
deleting your contents or account. However, for technical reasons, the contents
You delete may be retained as backups for a limited time (although such
consents are invisible to other users). In addition, please note that, if You
share your deleted contents with another party and the other party has not
deleted them, such contents may continue to appear.
5.9
We value your feedback on the Services,
but PLEASE DO NOT SUBMIT ANY CREATIVE IDEAS, SUGGESTIONS OR MATERIALS TO US
(collectively, “Unsolicited Ideas”).
These Terms are aimed at avoiding potential misunderstandings or disputes when
the Services might seem similar to Unsolicited Ideas
that people submit. If You submit Unsolicited Ideas anyway, then You grant Us a
worldwide, complete, perpetual, irrevocable, sub-licensable, transferable,
assignable, non-exclusive, and royalty-free right and license to use,
reproduce, distribute, adapt, modify, translate, create derivative works of,
publicly perform, publicly display, digitally perform, make, have made, sell,
offer for sale, and import and/or other exploit your Unsolicited Ideas,
including all copyrights, trademarks, trade secrets, patents, industrial
rights, and all other intellectual and proprietary rights related thereto, in
any media now known or hereafter developed, for any purpose whatsoever, commercial
or otherwise, including giving the Unsolicited Ideas to others, without any
compensation to You. To the extent necessary, You
agree that You undertake to execute and deliver any and all documents and
perform any and all actions necessary or desirable to ensure that the rights to
use the Unsolicited Ideas granted to Us as specified above are valid,
effective, and enforceable. To the
maximum extent permitted by applicable law, You waive
and agree not to assert any moral or similar rights You may have in Unsolicited
Ideas. You also give up any claim that any use by Us or our licensees of
your Unsolicited Ideas violates any of your rights, including moral rights,
privacy rights, rights to publicity, proprietary or other rights, and rights to
credit for the material or ideas set forth therein.
6.
FEES & REFUNDS
6.1
Fees.
a. You may have to pay fees to Us or applicable third parties to access and
acquire certain game items or participate in game activities, and to purchase
in game points or coins or equivalents (“Virtual Currency”) for the
purchase of in-game items or activities. The applicable fees will be stated
within the game. After the purchase You will have the right to use Virtual
Currency and be able to use it in the way as is stipulated. Use of any specific
payment processing options of third-party platforms is subject to any terms
imposed by the relevant platform.
b. VIRTUAL CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR LEGAL
CURRENCY. VIRTUAL CURRENCY AND THE RIGHT TO USE APPLICABLE VIRTUAL CURRENCY ARE
NON-TRANSFERABLE, IN WHOLE OR PART. THE RIGHT TO USE VIRTUAL CURRENCY IS AN
INTEGRAL PART OF THE USE OF THE GAME.
c. You understand and agree that We may, from time to time, modify, amend,
or supplement our fees, billing methods and terms applicable to Virtual
Currency or to any purchases, and post those changes in these Terms, in
separate sale terms and conditions or in other terms or agreements posted on
the applicable website or as part of the Services or otherwise provided to You by Us. Such
modifications, amendments, supplements or terms shall
be effective immediately upon posting and shall be incorporated by reference
into these Terms. If any change is unacceptable to You, You
shall not make any purchase.
d. In addition to these Terms, your purchase of the Virtual Currency will
also be subject to the terms and conditions of the applicable platforms and
third parties on and through which You make the purchase. Any dispute between You
and such third parties shall be resolved by You and such third parties
directly, and We have no liability with respect to your purchase not directly
from Us and any dispute arising therefrom.
6.2
Refunds and compensation.
a. Except to the extent that You have a right to refund under local laws in
your jurisdiction, You acknowledge and agree that any
applicable fees and other charges are payable in advance and NONREFUNDABLE,
unless otherwise agreed by Us. With respect to payment directly made to Us (if
any) other than to non-Volcano Force platforms (such as GooglePlay or iOS Appstore), if You find that We have
mistakenly charged You any amount, You may contact Us
within thirty (30) days following the date on which You make the payment or
within the period provided under applicable laws, whichever is longer. For your
payment made via a third party platform (such as
GooglePlay or iOS Appstore), the
refund of your payment is subject to the terms and conditions of the applicable
third party platform on and through which You make the purchase.
b. If You claim a chargeback for any reason, We
have the right to investigate and dispute such chargeback. If We believe that
your chargeback requirement is spurious, unreasonable, or invalid, We may at our option issue warnings, temporary suspensions
and/or permanent terminations of your Volcano Force Account(s) and/or any
access and use, and We may take the dispute to judicial organizations. If your
chargeback is deemed invalid, You agree to pay for all
fees and costs resulting from the disputed chargeback, including but not
limited to legal fees and expenses, damages, monies lost due to non-operation,
and chargeback fees, or if applicable mandatory law dictates otherwise, to the
maximum amount permitted.
c. You understand and agree that, We are not liable
for “hacking” or loss of your virtual items from your Account, however, We may reimburse
virtual items upon evidences that such loss was not due to your inappropriate
use. We may limit the quantity of any item or refuse to provide You with any
virtual good at our sole discretion. Verification of your certain Account
Information and/or information applicable to a transaction may be required
prior to our acceptance of your payment. Price and availability of virtual
items are subject to changes with or without notice. We have no liability with
respect to virtual items that is gifted to You or provided as an incentive.
7.
LIMITED RIGHT
TO USE THE SERVICES
7.1
How You may use our
Services.
a. In return for your agreeing to comply
with these Terms, You may:
i.
download the Services onto your devices, and
view, use and display the Services on such devices for your personal purposes
only; and
ii. receive and use
any supplementary software code or update of the Services incorporating
“patches” and corrections of errors as We may provide to You.
b. Except as
expressly permitted in these Terms, the above rights do not include, and You
agree not to engage in, any:
i.
resale, sublicense, lending or commercial
use of the Services or material therein;
ii. distribution,
public performance or public display of any Services or material therein except
in connection with game play in the ordinary manner,
iii. modifying,
adapting, altering, enhancing, or otherwise making any derivative uses of any Services,
game content or other materials therein, or any portion thereof;
iv. use of any data
mining, robots or similar data gathering or extraction methods;
v. downloading of
any portion of the Services or any information contained therein, except as
expressly stated herein or permitted by Us, taking Section 7.1 -a -i for example;
vi. reverse
engineer or decompile the Services, or otherwise attempt to derive source code
from the games or other software included in the Services; or
vii. any use of the Services
other than for its intended purpose.
c. Rights granted
to You hereunder is revocable. Any use of the Services other than as
specifically authorized herein, without prior written permission from Us is
strictly prohibited and will, at our election, terminate your rights granted by
Us herein. Such unauthorized use may also violate applicable laws including,
without limitation, copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in these
Terms shall be construed as conferring any license to or rights in Intellectual
Property Rights, whether by estoppel, implication or otherwise. This license is
revocable at any time with cause, for instance, cease of the operation by Us or
illegal use of the Services by You.
d. You should not
transfer the Services to someone
else. We are giving You personally the right to use the Services
as set out above. Without our consent, You should not
otherwise transfer any of its rights or obligations under these Terms in
relation to the Services to someone else, whether for money, for any other
forms of consideration or for free. If You sell or gift any device on which the
Services are installed, You must first remove the Services
from the device.
7.2
Acceptable use restrictions.
a. You agree that You
will:
i.
not rent, lease, sub-license, loan,
provide, or otherwise make available, the Services in any form, in whole or in
part to any person without prior written consent from Us;
ii. not copy the Services,
except as part of the ordinary use of the Services;
iii. not translate,
merge, adapt, vary, alter or modify, the whole or any
part of the Services nor permit the Services or the Services or any part of
them to be combined with, or become incorporated in, any other programs, except
as necessary to use the Services on devices as permitted in these terms; and
iv. not
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do
any such things.
b. to the extent
that they apply to You, comply with all applicable technology control or export
laws and regulations (if any) that apply to the technology used or supported by
the Services.
c.
You must:
i.
not use the Services in any unlawful
manner, for any unlawful purpose, or in any manner inconsistent with these
Terms, or act fraudulently or maliciously, for example, by hacking into or
inserting malicious code, such as viruses, or harmful data, into the Services
or any operating system;
ii. not use the Services to transmit any harassment, defamatory, insulting,
intimidating, vulgar, obscene, fraudulent or any other illegal information;
iii. not infringe
our Intellectual Property Rights or those of any third party in relation to
your use of the Services, including by the submission of any material (to the
extent that such use is not granted by these Terms);
iv. not transmit
any material that is defamatory, offensive or otherwise objectionable in
relation to your use of the Services;
v. not use the Services
in a way that could damage, disable, overburden, impair or compromise our
systems or security or interfere with other users;
vi. not collect or
harvest any information or data from any Services or our systems or attempt to
decipher any transmissions to or from the servers running any Services;
vii. not introduce any viruses, trojan horses, worms, logic bombs or other
material which is malicious; and
viii. not introduce any viruses, trojan horses, worms, logic bombs or other
material which is malicious or technologically harmful into the Services or
onto the systems of Volcano Force or other users of the Services.
8.1
NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, YOU ACKNOWLEDGE AND AGREE THAT, BETWEEN YOU AND US, ALL INTELLECTUAL
PROPERTY RIGHTS IN THE SERVICES (INCLUDING ANY AND ALL ELEMENT IN CONNECTION
WITH THE SERVICES EMBODIED IN THE USER CONTENT) THROUGHOUT THE WORLD BELONG TO
US AND THE RIGHTS IN THE SERVICES ARE LICENSED (NOT SOLD) TO YOU. YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS IN, OR TO, THE SERVICES
OTHER THAN THE RIGHT TO USE THEM IN ACCORDANCE WITH THESE TERMS. “Intellectual Property Rights” refer to
any and all trademarks, service marks, trade names, trade dress, works of
authorship and art, copyrights and copyrightable materials (including without
limitation, titles, computer code, designs, objects, buildings and
architecture, automobiles, characters, character names, stories, dialog, catch
phrases, locations, game play, rules, effects and methods of operation, and any
related documentation), music, lyrics, domain names, ideas, logos, submissions,
writings, concepts, themes, places, moral rights, rights of publicity,
packaging, personality and privacy rights, utility models, other industrial or
intangible property rights of a similar nature, and all other forms of
intellectual and property rights recognized by applicable laws, treaties, and
conventions, and all inventions, software, technology that are patentable such
matter, including patents, utility models, know-how and trade secrets, all
grants and registration worldwide in connection with the foregoing and all
other rights with respect thereto existing other than pursuant to grant or
registration, all applications for any such grant or registration, all rights
of priority under international conventions to make such application and the
right to control their prosecution, and all amendments, constitutions,
divisions and continuations of such applications, and all corrections,
reissues, patents of addition, extensions and renewals of any such grant,
registration or right.
8.2
You are aware and agree that You shall not, without written consent from Us,
use any Intellectual Property Rights of Volcano Force to create or provide the
same or similar services, such as emulation servers, private servers, etc.
8.3
You acknowledge and agree that We have the
right to delete, alter, move, remove, or transfer any and all
content, material or item of the Services (including virtual items) in whole or
in part, at any time and for any reason or no reason, with or without notice to
You, and with no liability of any kind to You.
8.5
You acknowledge and agree that We own all
the data in connection with or arising in or from the Services or your use of
the Services, subject to the applicable privacy policy.
9.
THIRD PARTY CONTENT
9.1
We may provide
or make available tools that allow third party or social media content to be
shared through the Services including links to web pages, websites
and content of third parties (collectively the “Third Party Content”) as
a service to those interested in this information.
9.2
You acknowledge and agree:
a. We do not check, verify, monitor, provide any support to or have any
control over any Third Party Content on third party
websites.
b. We do not endorse or adopt any Third Party
Content and can make no guarantee as to its accuracy or completeness.
c. We do not represent or warrant the accuracy, reliability or legality of
any information contained in the Third Party Content.
d. We have the right to remove any Third Party
Content from our Services at our sole discretion, unless otherwise required by applicable law.
e. We undertake no responsibility to update or review any Third
Party Content (including without limitation any payment You may make by
using such Third Party Content)
f.
You use such Third Party Content contained therein at your own risk. You will need
to make your own independent judgement about whether to use any such
independent sites, including whether to buy any products or services offered by
them.
10.
INTERRUPTION
10.1
We reserve the
right to interrupt the availability of Services or any part thereof from time
to time on a regularly scheduled basis or otherwise with or without prior notice, including without limitation
under the following circumstances:
a. maintenance and fixation of server, network, software and/or hardware
which are necessary to provide the access of the Services to You;
b. force
majeure;
c. in accordance with the order of governmental authority or other in-charge
authorities; and
d. in order to comply with applicable laws.
10.2
You agree that We
will not be liable for any interruption of the Services or any part thereof,
delay or failure to perform resulting from any causes whatsoever.
10.3
We have the
right at any time with or without reason to change and/or eliminate any
aspect(s) of the Services as We see fit at our sole discretion, to the extent
permitted by applicable law.
10.4
We are not
obligated to refund all or any portion of any fee (if any) You paid in
connection with the Services, by reason of any interruption of the Services by
reason of any of the circumstances described above.
11.
SUSPENSION AND TERMINATION
11.1
We may end your
rights to use the Services if You do not comply with these Terms.
a. For your
violations We may at our option issue warnings, temporary suspensions and/or
permanent terminations of your Volcano
Force Account(s) and/or any access and use. We retain the sole
discretion as to when and how to impose warnings, penalties and/or disciplinary
actions. We consider the severity of the violation and the number of
infractions in making our determination.
b. We may end your
rights to use the Services at
any time by contacting You if You have breached these Terms. If your breach of
these Terms can be corrected, We will give You a
reasonable opportunity to do so. Additional terms for suspension and/or
termination of your Volcano Force Account(s) and/or any access to and use of
the Services in your
jurisdiction are set forth in Schedule 1.
c. You understand
and agree that, in the event your Volcano Force Account(s) and/or any access
and use are terminated for any reason, or for no reason, unless otherwise
agreed by Us or required by applicable laws, no refund will be granted, no
online time or other credits (e.g., Virtual Currency in a game) will be
credited to You or converted to cash or other form of reimbursement, and You
will have no further access to and use of the Services. Any delinquent use of
the Services or any unpaid Volcano Force Account(s) with unresolved disputes
must be settled before We may allow You to register again.
d. If We end your
rights to use the Services:
i. You must stop
all activities authorized by these terms, including your use of the Services.
ii. You must delete
or remove the Services from all
devices in your possession and immediately destroy all copies of the Services which You have.
11.2
We may terminate services permanently.
a. We may end the
Services and access to the Services
permanently for all users. You understand that We will not assume any
obligations to You with respect to the Services for such permanent termination,
to the maximum permitted by applicable law.
b. You understand
and agree that any Services and/or any items (including virtual items therein)
which are stated to be “permanent” or its equivalent
shall be interpreted as a time period until the date announced by Volcano Force when the Services will be
terminated permanently, or the date when such virtual items are lost due to
technical issues.
11.3
Effect of termination. Termination
of your Account also entails the termination of the license to use the
Services, or any part thereof.
12.1
You may be given
the opportunity to Beta Test new games and/or new features (“Beta Games”).
To the extent such Beta Games are provided by Us to You, your participation as
a beta tester is subject to the terms and conditions in this Section 12.
12.2
You acknowledge
that the You are using a preliminary, preview edition of the game features and
the Beta Games and that You are participating in a beta test thereof (the “Beta
Test”), and that the Beta Games may contain bugs, may not operate properly or perform all intended functions, may interfere
with the functioning of other software applications, and may cause errors, data
loss or other problems.
12.3
As a beta
tester, You are invited to play Beta Games for the
sole purpose of evaluating the games and identifying errors. Nothing in these
Terms, or through the Services, shall be construed as granting You any rights
or privileges of any kind with respect to the Beta Games or content or
materials that You find here. The Beta Games are provided for testing on an “as
is,” and “as available” basis and We make no warranty to You of any kind,
express or implied. You understand and agree that playing Beta Games is at your
own risk, that You know that the Beta Games may include known or unknown bugs,
and that We have no obligations to You with respect to Beta Games, including
without limitation any obligation to provide such games to You in the future at
no charge.
12.4
When playing
certain Beta Games, You may accumulate treasure,
experience points, equipment, or other value or status indicators within the
Beta Test. This data may be reset at any time during the testing process, and
it may be reset when the particular game completes
this testing phase. In this case, You acknowledge and
agree that all player history and data may be erased and each player may return
to novice status.
13.
CHANGES TO THESE TERMS
13.1
We may need to change these Terms to
reflect changes in law or best practice or to deal with additional features
which We introduce. We may notify You when changes to these terms occur. TO THE
EXTENT THAT IT IS LEGALLY PERMITTED ACCORDING TO THE LAW IN THE JURISDICTION
YOU RESIDE IN, YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF
SUCH CHANGES OR MODIFICATIONS.
13.2
IF YOU
DO NOT ACCEPT THE CHANGES YOU SHOULD NOT CONTINUE TO
USE THE SERVICES. BY CLICKING “AGREE” AND BY CONTINUING TO USE THE SERVICES YOU
AGREE TO USE OF THE SERVICES IN ACCORDANCE WITH THE UPDATED TERMS.
14.
CHANGES TO THE SERVICES
14.1
From time to time We may automatically
update the Services to improve performance, enhance functionality, reflect
changes to the operating system or address security issues. We may also ask You
to update the Services for these reasons.
14.2
If You choose not to install such updates You
may not be able to continue using the Services.
15.
SUPPORT FOR THE SERVICES AND HOW TO TELL
US ABOUT PROBLEMS
15.1
Support. If You want to learn more about the Services
or have any problems using them, please take a look at
our support resources specified in Schedule 1.
15.2
Contacting Us (including complaints). If You think
the Services are faulty or inaccurately described or wish to contact Us for any
other reason, please contact our customer service team specified in Schedule 1.
15.3
How We will communicate with You. If We have to
contact You, We will do using the contact details You
have provided to Us.
16.
YOUR PRIVACY
16.1
Please read our Privacy Policy for
information regarding the ways We collect, store, use, and process the personal
information of users during the use of our Services. You understand and agree
that We may collect, store, use and process your personal information as
described in the Privacy Policy.
16.2
Please be aware that internet
transmissions are never completely private or secure and that any message or
information You send using the Services may be read or intercepted by others,
even if there is a special notice that a particular transmission is encrypted.
17.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR
DEVICE
17.1
By using the Services, You
agree to Us collecting and using technical information about the devices You use
the Services. Please refer to Privacy Policy for more information regarding how
We use such technical information.
18.
MONITORING & CHEATING
18.1
You understand and agree that when You communicate with other players within a game or utilize any
interactive features available in the game, such as messaging, forums or
chat rooms, such communications and postings are transmitted through our
servers, and We may, but are not obligated to, monitor all such communications
and postings, including those that are designated as “private”. You acknowledge
that You have no expectation of privacy with respect to any such communications
or postings, and You consent to such monitoring.
18.2
You understand
and agree that when using the Services, this can and may involve software
functions designed to detect cheating or unauthorized and malicious programs.
In this context, We may access, collect, monitor
and/or remotely store game error information and user behavior log. If
unauthorized or malicious programs are detected, the Services may also
communicate to Us the users Game Account and information about the unauthorized
or malicious program or its use.
19.
NOTIFICATION
We may send
push notifications to your mobile device to provide game updates and other
relevant messages. You can manage push notifications from your mobile device’s
settings page for the relevant game and/or from the settings page within the
relevant mobile game. We may also send local notifications to your mobile
device to provide game updates and other relevant information. You can manage
local notifications from your mobile device’s settings page for the relevant
game and/or from the settings page within the relevant mobile game.
20.
PLATFORM TERMS ALSO APPLY
The ways in
which You can use the Services may also be controlled by the relevant platform
provider’s rules and policies. To the extent required by such rules and
policies, those terms will prevail instead of these Terms where there are
differences between the two. For details of the applicable platforms, please
refer to Schedule 1.
21.
WARRANTIES, DAMAGES, LIMITATION OF
LIABILITIES,
21.1
DISCLAIMER OF
WARRANTIES.
YOU UNDERSTAND AND AGREE THAT:
a. TO THE MAXIMUM PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL
MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM PERMITTED
BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED
USE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ALL INFORMATION,
CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, WE DO
NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE MATERIALS CONTAINED THEREIN
ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. WE ALSO DO
NOT REPRESENT OR WARRANT THAT THE GAMES, OR ITS SERVERS ARE FREE OF VIRUSES,
BUGS, ERRORS OR OTHER HARMFUL COMPONENTS OR DEFECTS, TRANSMIT DATA IN A SECURE
MANNER, OR FUNCTION PROPERLY WITH THE SERVICES.
b. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR
REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, WE
CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S) ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. REFERENCE TO ANY SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME,
TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY
ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION
THEREWITH, BY US.
21.2
Our
responsibility for loss or damage suffered by You.
a. We are responsible to You for foreseeable loss and damage caused by Us. If We fail to
comply with these Terms, We are responsible for loss
or damage You suffer that is a foreseeable result of our breach of these Terms
or our failing to use reasonable care and skill, but We are not responsible for
any loss or damage that is not foreseeable. Loss or damage is foreseeable if
either it is obvious that it will happen or if, at the time You accepted these
terms, both We and You knew it might happen.
b. We do not exclude or limit in any way our liability to You where it would
be unlawful to do so. This includes liability for death or
personal injury caused by our negligence or for fraud or fraudulent
misrepresentation.
c. We are not liable for your damage that is avoidable. We will not be
liable for damage that You could have avoided by following our advice to apply
an update offered to You free of charge or for damage that was caused by You
failing to correctly follow installation instructions or to have in place the
minimum system requirements advised by Us.
d. We are not liable for business losses. The Services
are for private use and You shall not use the Services
for profit. If You use the Services for any commercial, business or resale
purpose We will have no liability to You for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
e. Limitations to the Services. The Services are
provided for general information and entertainment purposes only. They do not
offer advice on which You should rely. You must obtain professional or
specialist advice before taking, or refraining from, any action on the basis of information obtained from the Services.
Although We make reasonable efforts to update the information provided by the Services,
We make no representations, warranties or guarantees,
whether express or implied, that such information is accurate, complete or up
to date.
f.
Check that the Services are suitable for You. The Services
have not been developed to meet your individual requirements. Please check that
the facilities and functions of the relevant Services meet your requirements.
g. We are not responsible for events outside our control. If We have to
cancel or delay in providing the Services to You by an event outside our
control, then We will use commercially reasonable efforts take steps to
minimize the effect of the delay or cancellation, but You acknowledge and agree that We
have no obligation to You for such delay or cancellation.
21.3
LIMITATION OF LIABILITY.
a. TO THE MAXIMUM
PERMITTED BY APPLICABLE LAW，EXCEPT AS EXPRESSLY SET OUT IN THESE
TERMS, IN NO EVENT SHALL WE, AND OUR DIRECTORS, MEMBERS, AFFILIATES,
SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE
SERVICES OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED
THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR
RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL,
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.
b. TO THE MAXIMUM
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY,
ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED
ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE THEREOF.
c. TO THE EXTENT THAT APPLICABLE LAWS DO NOT ALLOW OR MAY LIMIT THE
FOREGOING LIMITATIONS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU OR
MAY BE LIMITED BY APPLICABLE LAW. IN SUCH CASE YOU EXPLICITLY AGREE THAT OUR
(OR ANY SUCH OTHER RELEASED PARTIES) LIABILITY TO YOU SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
21.4
Your responsibility for damages suffered
by Us or others.
a. You agree to
defend, indemnify and hold harmless Us, our independent contractors, service
providers and consultants, and their respective directors, employees, agents,
partners, affiliates, and subsidiaries, from and against any claims, damages,
costs, liabilities and expenses (including, but not limited to, reasonable
attorneys’ fees) arising out of or related to any User Content You post, store
or otherwise transmit on or through the Services, your conduct, your violations
of these Terms, any misuse of the Services, or your violation of the rights of
any third party.
22.
GOVERNING LAWS AND DISPUTE RESOLUTION
22.1
EXCEPT AS MAY BE SET
FORTH IN A JURISDICTION-SPECIFIC SCHEDULE BELOW, THESE TERMS ARE GOVERNED BY
THE LAWS OF HONG KONG SPECIAL ADMINISTRATIVE REGION (“HONG KONG”) WITHOUT
REGARD TO CONFLICT OF LAW PROVISIONS. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING
FROM OR IN CONNECTION WITH THESE TERMS, INCLUDING ANY QUESTION REGARDING ITS
EXISTENCE, VALIDITY OR TERMINATION, SHALL BE EXCLUSIVELY REFERRED TO AND
DETERMINED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (“HKIAC”) UNDER
THE HKIAC ADMINISTERED ARBITRATION RULES IN FORCE WHEN THE NOTICE OF
ARBITRATION IS SUBMITTED. THE ARBITRAL AWARD IS FINAL AND BINDING UPON BOTH
PARTIES.
23.
ADDITIONAL TERMS YOU NEED TO COMPLY WITH
23.1
You agree to
comply with these Terms and any and all other terms
and conditions of Volcano Force in connection with your use of the Services. We
suggest You checking these Terms and any associated
documentation such as the privacy policy, the community content guidelines (if
any) periodically so You will be familiar with their contents as they may be
amended or modified from time to time.
23.2
In addition to
these Terms, certain Services have additional terms specific to their use.
These additional terms (if any) are set out in Schedule 1.
24.
MISCELLANEOUS
24.1
Interpretation. In these Terms (except where the context
otherwise requires): (a) words in the singular shall include the plural and in
the plural shall include the singular; (b) any words following the terms
“including”, “include”, “in particular”, “for example” or any similar
expression shall be construed as illustrative and shall not limit the sense of
the words, description, definition, phrase or term preceding those terms; (c)
unless otherwise stated, a reference to “writing” includes email; (d) a
“person” includes a natural person, corporate or unincorporated body (whether
or not having separate legal personality); (e) the Schedules form part of these
Terms and shall have effect as if set out in full in the body of these Terms
and any reference to these Terms includes the Schedules.
24.2
We may transfer and
assign these Terms to someone else. We may transfer
and assign our rights and obligations under these Terms to another
organization. We will always inform You in writing if this happens and We will
ensure that the transfer will not affect your rights under these Terms.
24.3
You need our
consent to transfer your rights to someone else. You may not
assign or delegate any rights or your obligations under these Terms and any
associated documentation to another person without our prior written consent,
and any unauthorized assignment and delegation by You is ineffective.
24.4
No rights for
third parties. A person other than You and Us
has no rights to rely on or enforce any term hereunder.
24.5
IF A COURT FINDS
PART OF THESE TERMS ILLEGAL OR UNENFORCEABLE, THE REST WILL CONTINUE IN FORCE. EACH OF THE PARAGRAPHS OF THESE TERMS
OPERATES SEPARATELY. IF ANY COURT OR RELEVANT AUTHORITY DECIDES THAT ANY OF
THEM ARE UNLAWFUL, THE REMAINING SECTIONS, PARAGRAPHS OR PROVISIONS WILL REMAIN
IN FULL FORCE AND EFFECT. IF ANY PROVISION OF THESE TERMS IS SO FOUND TO BE
INVALID OR UNENFORCEABLE BUT WOULD BE VALID OR ENFORCEABLE IF SOME PART OF THE PROVISION WERE DELETED, THE PROVISION IN
QUESTION SHALL APPLY WITH SUCH DELETION(S) AS MAY BE NECESSARY TO MAKE IT VALID.
24.6
Even if We delay
in enforcing these Terms, We can still enforce it
later. Even if We delay in enforcing these Terms, We
can still enforce it later. If We do not insist immediately that You do
anything You are required to do under these Terms, or if We delay in taking
steps against You in respect of your breaking these Terms, that will not mean
that You do not have to do those things and it will not prevent Us taking steps
against You at a later date.
24.7
Heading for
reference only. Headings are for reference only and have no legal
effect respecting the scope, meaning or intent of any of the articles of these
Terms.
1.
SUPPORT FOR THE SERVICES AND HOW TO TELL
US ABOUT PROBLEMS
1.1
Support. If You want to learn more about the Services or have any problems
using them, please take a look at our support
resources at Setting �C Customer Support.
Our customer service team currently is available to provide support in
Chinese, English, French, German and Russian.
1.2
Contacting Us (including with complaints). If You think
the Services are faulty or inaccurately described or wish to contact Us for any
other reason, please email our Email service team at:
|
Email Address |
support@volcano-force.com |
|
Address |
9/F.,MW Tower,
NO.111 Bonham Strand Sheung Wan, Hong Kong |
Our Email service team currently is only available to provide support in
Mandarin Chinese and English.
2.
SUSPENSION AND TERMINATION
2.1
The additional terms for suspension and/or
termination of your Volcano Force Account(s) and/ or any access to and use of the
Services in your jurisdiction are as follows:
・
If We determine that You are a “gold
farmer” which sells in-game golds or other items for real world currency, your
access to the Services will be terminated by Us in perpetuity.
・
If You, without our authorization, act as Volcano
Force or on behalf of Volcano Force, cheat other users and cause damages to
such other users, your access to and use of the Services will be terminated by Us
in perpetuity.
・
If You, claim refund of virtual items more
than twenty (20) times (inclusive) during any consecutive thirty (30) days,
your access to and use of the Services will be terminated by Us in perpetuity.
・
If You, trade your virtual items in
exchange for other virtual items, your access to and use of the Services will
be terminated by Us in perpetuity.
・
If You disseminate fake, untrue or
inaccurate information when using the Services, We
have the right to suspend your access to and use of the Services for no less
than one (1) day based on the severity of your violation.
・
If You violate the other applicable game
rules, We have the right to suspend your access to and
use of the Services for no less than half an hour based on the severity of your
violation.
3.
PLATFORM TERMS ALSO APPLY
The ways in
which You can use the Services may also be controlled by the relevant third party platform provider’s rules and policies. To the extent required by
such rules and policies, those terms will apply instead of these terms where
there are differences between the two. You may refer to the rules and policies
of such third party platform applicable to your use
below:
|
Platform |
Platform
Terms |
|
iOS APP Store |
|
|
Google Play |
|
|
Amazon |
https://www.amazon.com/gp/help/customer/display.html?ie=UTF8&nodeId=508088&ref_=footer_cou |
|
Facebook |
|
|
Microsoft Store |