TERMS AND CONDITIONS

 


VOLCANO FORCE TERMS AND CONDITIONS

 

 

Last Updated: August 20th, 2020

 

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.

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:

    1. playing games and using the Services through registering multiple Accounts and leveling up the Accounts for profit or for the purpose of obtaining certain virtual items for sale;
    2. trading Game Accounts or virtual items via platforms not approved by Us or acting as an agent;
    3. selling the virtual items for profit by taking advantage of the price difference among different servers;
    4. organizing or participating in gambling, or conducting or participating in theft of property or virtual items of other person, or engaging in other illegal acts by using the Services;
    5. producing, distributing or otherwise making available User Content which embodies any element of the Services for making profit
    6. any other in-game profit-making behaviors that are not within the ordinary manner of the game play.

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 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.            PROPERTY RIGHTS  

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.

8.4          NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF US. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE VIRTUAL ITEMS THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL ITEMS. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME CONTENT, VIRTUAL ITEMS, INCLUDING THE DELETION OF GAME CONTENT, VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.

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.          TRIALS & BETA TESTING

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 LAWEXCEPT 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.


SCHEDULE 1

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 – 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.

Platform

Platform Terms

iOS APP Store

Your use of the Game or Services made available as apps via iOS App Store is subject to any policies promulgated by Apple, Inc. or its affiliates or subsidiaries (collectively, “Apple”) that apply to the use of such services, including the Apple Media Services Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/ (the “Apple Terms and Conditions”).

You acknowledge that:

·      to the extent any third party content is made available or accessible via the Services, the third party providing such content shall be solely responsible for such content;

·      Volcano Force may from time to time adjust your visibility, status or rank on the Services in accordance with these Terms; The license granted to You in the Services is limited to a non-transferable license to use the Services on any Apple-branded products that the You own or control and as permitted by the Usage Rules set forth in the Apple Terms and Conditions;

·      You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps;

·      You shall be solely responsible for ensuring the Apple ID that You use to access the Services is in accordance with the policies applicable to such account;

·      You are required to follow the Submission Guidelines as set forth in the Apple Terms and Conditions;

 

·      As between Volcano Force and Apple, (A) Apple is responsible for addressing any of your claims or claims of any third party relating to the payment and refund of any transaction You made via Apple. The Apple ID You use to access or use the Services are subject to the restrictions set forth in Apple Terms and Conditions, including but not limited to: (i) Apple ID registration and binding/unbinding such account with the Services; and (ii) privacy terms of Apple regarding such Apple ID registration and binding/unbinding with the Services, (B) in the event of any third party claim that the iOS App or You possession and use of that iOS App infringes that third party’s intellectual property rights, Volcano Force will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;

·      Volcano Force does not grant You a right to use any intellectual property rights, including trademarks, of Apple. Your use of such intellectual property rights is granted (if applicable) in accordance with the Apple Terms and Conditions and any other policies made available by Apple from time to time in relation to use of the platform;

·      Volcano Force may be required to change the Services, or these Terms, in order to comply with instructions of Apple. You agree that We are permitted to make such changes immediately and without notice and shall have no liability to You or others with respect to such changes.

·      Apple is third party beneficiary of these Terms, and may enforce these Terms as a third party beneficiary thereof.

Google Play

Your use of the Services made available as apps via the Google Play Store (“Google Play”) is subject to any policies that apply to the use of such Services, including the Google Play Terms of Services available at https://play.google.com/intl/en/about/play-terms/index.html (the “Google ToS”).

You acknowledge that:

·      You are above the minimum age for your country specified in the Google ToS;

·      to the extent You are able to upload content or communications to the Services, You must not promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization;

·      We may remove or block access to your Account within the Services if We suspect or as instructed by Google Play that You have breached these Terms or the Google ToS; The Google Account You use to access or use the Services are subject to the restrictions set forth in Google ToS, including but not limited to (i) Google Account registration and binding/unbinding such account with the Services; and (ii) privacy terms of Google Play regarding such Google Account registration and binding/unbinding;

·      You shall be solely responsible for ensuring the Google Account that You use to access the Services is in accordance with the policies applicable to such account; Google Play is responsible for addressing any of your claims or claims of any third party relating to the payment and refund of any transaction You made via Google Play.

·      Google Play is not responsible or liable to You for content made available through the Services;

·      Volcano Force does not grant You a right to use any intellectual property rights, including trademarks, of Google Inc or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with the Google ToS and any other policies made available by Google Inc or its affiliates from time to time in relation to use of the platform;

·      Volcano Force may be required to change the Services, or these Terms, in order to comply with instructions of Google Play. You agree that We are permitted to make such changes immediately and without notice and shall have no liability to You or others with respect to such changes.

Amazon

Your use of the Services made available as apps via the Amazon Appstore is subject to any policies that promulgated by Amazon Services LLC or its affiliates or subsidiaries (collectively, “Amazon”) that apply to the use of such Services, including the Amazon Conditions of Use available at https://www.amazon.com/gp/help/customer/display.html?ie=UTF8&nodeId=508088&ref_=footer_cou (the “Amazon Terms”).

You acknowledge that:

·      to the extent You share any content on Amazon or another social network, You are solely responsible for complying with the policies and guidelines applicable to sharing content on that platform;

·      any use of Amazon trademarks or other intellectual property is subject to the Amazon Terms;

·      You shall be solely responsible for ensuring Amazon Account that You use to access the Services in accordance with the policies applicable to such account. Amazon is responsible for addressing any of your claims or claims of any third party relating to the payment and refund or credit of any transaction You made via Amazon;

·      Volcano Force does not grant You a right to use any intellectual property rights, including trademarks, of Amazon. Your use of such intellectual property rights is granted (if applicable) in accordance with the Amazon Terms and any other policies made available by Amazon from time to time;

·      Volcano Force may be required to change the Services, or these Terms, in order to comply with instructions of Amazon. You agree that We are permitted to make such changes immediately and without notice and shall have no liability to You or others with respect to such changes.

Facebook

Your use of the Services made available via iOS App Facebook is subject to any policies promulgated by Facebook, Inc. or its affiliates or subsidiaries (collectively, “Facebook”) that apply to the use of such Services, including the Facebook Terms of Service available at https://www.facebook.com/legal/terms (the “Facebook ToS”).

You acknowledge that:

·      to the extent You are able to post content on Services, local copyright and other laws may require that We screen or otherwise moderate such content. We shall not be responsible for any takedown or related censorship required in order to comply with local laws;

·      use of Facebook means that Facebook will have certain information about You relating to your use of Services. We do not have access to such information and to the extent You have a question or concern relating to information that Facebook collects, You acknowledge that You will contact Facebook and not Volcano Force;

·      You shall be solely responsible for ensuring the Facebook Account that You use to access the Product Services is in accordance with the policies applicable to such account;

·      We may remove or block access to your Account within the Services if We suspect or as instructed by Facebook that You have breached these Terms or the Facebook ToS;

·      Volcano Force may be required to change the Services, or these terms, in order to comply with instructions of Facebook. You agree that We are permitted to make such changes immediately and without notice and shall have no liability to You or others with respect to such changes.