PERFECTLANDS PTE. LTD. and designated subsidiaries (“Perfectlands”,
“we,” or “us”) offers Super Oasis app (“Product”) and various other features and services provided by us in connection with
the Product, including official or other websites, applications,
forums, content, functionality, products, and services (together with
the Product, “Services”) to allow users
(“Users,” “your,” or “you”) to use, play, create and connect.
PLEASE READ THESE TERMS CAREFULLY:
THESE TERMS OF SERVICE (“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.
BY CLICKING “AGREE”, “DOWNLOAD” OR CONDUCTING OTHER RELEVANT
OPERATIONS, YOU AGREE TO THESE TERMS, AND YOUR ACCESS TO AND USE OF
THE SERVICES ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT USE OR ACCESS THE SERVICE(S).
Please contact us at service@superoasis.ai (“Customer Support”) if you have any complaints or queries about the Services.
Capitalized terms have the following meanings unless otherwise
defined in the Terms:
-
“plug-in” refers to any and all programs that are independent of the
Product software and can affect the operation of the Product while
the Product is running, including, without limitation, simulating
user operations, changing operating environment, modifying data and
otherwise.
-
“Virtual Currency” refers to the in-game points or coins or the equivalent available
in the Services.
-
“Virtual Items” refers to Virtual Contents, Virtual Currencies and other virtual
items that you exchange or obtain when using the Services
collectively, and each are referred to as a “Virtual Item”. Virtual Items has no real world equivalent value and Users do
not acquire any enforceable legal rights in and to any Virtual Items
based on any transaction or activity on the Services.
-
“Virtual Contents” means virtual in-game goods, including weapons, clothing,
costumes, characters etc., but does not include Virtual Currencies.
YOU MUST BE A CERTAIN AGE TO ACCEPT THESE TERMS AND USE THE
SERVICES.
1.1
You are required to create an account (an “Account”) to access certain elements and functionality of the
Services.
1.2
To create an Account and access the Services, you must be at least
the minimum age for consenting to personal data collection under the
law in your jurisdiction. If you are between the minimum age for
personal data collection and age of majority in your jurisdiction
(“Teen”), your parent or guardian must review this Terms and accept it
on your behalf. Parents and guardians are responsible for the acts of
Teens when using our Services, including the purchase of any Virtual
Items. If you are parents and guardians and have questions about the
Terms, please contact Customer Support.
1.3
If you are under the minimum age for personal data collection in your
jurisdiction or you are a Teen and use the Service without obtaining
the consent of your parent or guardian, we may suspend or terminate
your Account and your usage of the Services.
1.4
Notwithstanding the above, certain portions of our Product may
contain mature content not suitable for anyone under the age of
majority. If you access any portion of our Services which is intended
for or is marked for mature audiences only, you are certifying that
you are at least of the age of majority and have the legal right to
access such content.
2.1
Creating your Account. When creating an 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 your 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
Account. You will not be deemed as the creator of an Account if your identity
information does not match that which is on record for such Account,
unless we are provided with information evidencing the contrary. To
the maximum extent permitted by applicable law, we will not be able to
delete the Account as requested by you if we are not able to verify
your identity.
2.2
One Account for one device at a time. You can only log into one Account on a device at a time.
2.3
You shall be responsible for your Account.
(a)
As the creator of your Account, you are responsible for your Account.
We will not tolerate offensive or obscene Accounts. If an Account violates any part of these Terms, we may
immediately, temporarily, or permanently ban such Account, with or
without notice, except where prohibited by law. You are not suggested
to create an Account that reflects your real name or other personal
data.
(c)
Please note that, you are responsible for maintaining the
confidentiality and security of your Account and password at all
times, and you agree to notify us if your password is lost, stolen, or
disclosed to an unauthorized third party, or has been otherwise
compromised. To the maximum extent permitted by applicable law, you
will be deemed as the person who uses the Account, and any acts made
by the Account will be deemed as your acts. To the maximum extent
permitted by applicable law, you are responsible for all activities
and transactions that occur under your Account no matter who actually
uses the Account, and unless it results from our negligence or fault,
we are not responsible for any misuse of your Account, including but
not limited to instances where your password is stolen or revealed to
a third party and/or used for transactions. You agree to immediately
notify us of any misuse of your Account or any other breach of
security in relation to the Product known to you. If any third parties
use your Account or otherwise access your Account, you may not claim
compensation from us.
(d)
If you have reason to believe your Account has been compromised, is not secure, or has been subject to
unauthorized use, you must notify us immediately by contacting Customer Support.
2.4
Your Account data may be restored for some reason. In the event of
malfunction of the system in the Product (e.g., abnormal data due to
bugs in the program), we have the right to restore the data of your
Account to a point in time decided by us. If such data restoration
reduces the quantity of your Virtual Items, we may compensate you with
certain other Virtual Items selected at our discretion. You
acknowledge and agree that we have no other obligations to you in
connection with such data restoration.
(a)
If your Account is suspected to be 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) our
designated personnel 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 user 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 evidence acceptable to us.
(b)
You further acknowledge and agree that, if we determine that your
Account is involved in any improper or illegal acts or breach of any
terms hereof, we have the right to suspend or terminate your access to
the Account and take remedial measures such as returning the Virtual
Items to the proper Account or cancel the relevant transactions, etc.
You also acknowledge and agree that we are not obligated to provide
you with evidence relating to the suspected improper or illegal acts
or breach of the terms hereof of your Account, unless otherwise
required by applicable law.
(c)
A Guardian of a Minor user requests that we terminate such user’s
Account by contacting Customer Support.
(d)
To the maximum extent permitted by applicable law, please note that, we reserve the right to discontinue the Product or to
terminate or suspend your Account in our discretion at any time and
for any reason, including to comply with laws, to protect Users, or to
protect our reputation, without notice to you unless required by law
and without liability to Users.
2.6
We have no obligation to your Account created via third party
platforms. You acknowledge and agree that if your Account are
registered and created via a third party platform (e.g., Facebook
account, Google account, mobile application store account), then such
Account is the responsibility of the third party and not us. We have
no obligation to retrieve such Account registered with third parties
or otherwise provide services in connection with such Account. All the
matters relating to such third party Account shall be resolved by you
and the applicable third party, provided that you shall inform us in
the event that your Account is stolen or otherwise not used in
ordinary course.
3.1
You may receive messages and announcements. You understand and agree
that the Services may include service announcements and administrative
messages and, to the maximum extent permitted by applicable law, you
may not have the right to opt out of receiving them due to the setting
of your device or in accordance with applicable law.
(a)
You are required to provide your own computer, network equipment and
network resources for use of the Product and 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.
(b)
If you download or stream the Product onto any device not owned by you, you must have
the owner’s permission to do so. You will be responsible for complying
with these Terms, whether or not you own the device.
3.3
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, and certain Services are
limited to user Accounts of a certain level.
3.4
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 Product 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 Product modification program. If the
definition of plug-in stipulated by applicable law conflicts with
the definition hereunder, the definition under applicable laws shall
prevail;
(e)
shall not use the Product and/or Services by using or with the
assistance of third-party software not approved by us;
(f)
shall not take any action that violates the Terms or other service
rules published in the Product and fairness of the game;
(g)
to avoid disrupting the fairness of the game, you acknowledge and
agree that you shall only use the Services in an ordinary manner, and
trade Virtual Items via the platforms or channel approved by us (if
such trading is permitted by us). Trading of Virtual Items and other
profit-making actions, unless expressly permitted by us, will be deemed as improper benefits, including,
without limitation, where you:
(i)
use the Services for profit (including registering multiple Accounts
and leveling up the Accounts for profit);
(ii)
sell the Virtual Items for profit, including by taking advantage of
the price difference among different servers;
(iii)
make profit by collecting commissions for acting as agent for trading
the Accounts or Virtual Items;
(iv)
trade the Accounts or Virtual Items in any manner not approved by
us;
(v)
use the Services for the purpose of obtaining certain Virtual Items
for trading out of the Services;
(vi)
organize or participate in gambling, or conduct or participate in
theft of property or Virtual Items of other person, or engage in other
illegal acts by using the Services; and
(vii)
any other in-game profit-making behaviors that are not within the
ordinary manner of the game play.
(h)
shall not log in the Product 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
cards, 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 the 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 technical defects or bugs in the Services to
benefit yourself and/or others in any manner (including, without
limitation, duplicating Virtual Items) or engage in any other
misconduct;
(l)
shall not, without written consent from us, use any Intellectual
Property Rights of Perfectlands to create or provide the same or
similar services, such as emulation servers, private servers,
etc.;
(m)
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 Product and Services provided
by us in an ordinary manner;
(n)
shall not use the Services to transmit any harassment, defamatory,
insulting, intimidating, vulgar, obscene, fraudulent or any other
illegal information;
(o)
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.;
(p)
shall defer to the customer service and other communication channels
designated by us in regard to any consultation or questions of the
Services;
(q)
shall not use IP proxying or other methods to disguise the place of
your residence, whether to circumvent geographical restrictions on the
Services or for any other purpose;
(r)
shall not obtain Virtual Items in a manner that violates the Terms or
other service rules published in the Product or in other improper or
illegal manner;
(s)
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;
(t)
shall 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 Product or other users of the
Services; and
(u)
shall not make profit out of the Services (including making profit in
any kind by producing, distributing or otherwise making available User
Content which embodies any element of the Services).
(a)
Your acquisition or purchase of the Virtual Items only entitles you
to receive a limited, non-transferable, revocable license to use the
Virtual Items (i) in connection with the Services, (ii) for your
personal entertainment only, and (iii) in the ways permitted by us
under these Terms. Your limited license to use the Virtual Items may
end if (i) you violate these Terms, (ii) your Account is suspended or
terminated, or (iii) these Terms or the Services are terminated.
(b)
You can only exchange or transfer the right to use the Virtual Items
through the channel(s) (if any) designated by us. Such trading (if
permissible) is subject to the requirements and restrictions specified
in the SCHEDULE. The trading of Virtual Items via non-approved channels will not be
recognized or protected by us, and any disputes arising in connection
therewith should be resolved on your own. You shall not use the
Account, character, Virtual Items and other data in the Product in
exchange for legal currency or other tangible or intangible items;
otherwise, you will be deemed as to have unconditionally waived all
the rights to redeem (if any) the Virtual Items in any manner (if any)
permitted by us. Any attempt to do so constitutes a violation of these
Terms, will render the transaction void, and may result in the
immediate suspension or termination of your Account and your license
to use Virtual Items.
(c)
For any of your violations of this Section 3.5, we have the right to immediately freeze, revoke and/or delete
all your data relating to your Account without any liability to you or
any other third party.
3.7
You shall not circumvent our technical measures.
(a)
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 in any manner.
(b)
You must ensure that your device meets the requirements for the
installation and use of the Services. The installation of the Product
and running of the software, etc. may disable other software or
program running on your device. Your failure to install the Product or
any updates in accordance with our installation instructions may
result in dysfunction of the Product and Services in whole or in
part.
4.1
The Services contain various forums, functionality, software, and
other interactive features that allow you to create, post, upload,
submit, publish, display, distribute, store, generate, transmit, or
otherwise make available User Content (as defined below) on the
Services. User Content is content of any kind or nature, whether
material, data, information, assets, text, music, sound, photos,
video, graphics, code or otherwise, that users create, post, upload, submit, publish,
display, distribute, store, generate, transmit, or otherwise make
available on the Services.
4.2
User Content is publicly available and not confidential, and we
cannot guarantee that in certain situations, User Content will not be
copied or used by other Users of the Services and discussed on and
outside of the Services. We strongly recommend that you do not publish
any personal information about yourself or others.
4.3
You are solely responsible for the User Content you post and for your
use of the Services. You must comply with the Terms and you will be
liable to us and indemnify us for any breach of the Terms. This means
you will be responsible for any loss or damage we suffer as a result
of your breach of the Terms.
4.4
You agree not to create, post, upload, submit, publish, display,
distribute, store, generate, transmit, or otherwise publish any of the
following:
(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 party. 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 adolescents or others;
(f)
unsolicited promotions, political campaigning, advertising or
solicitations, software viruses, chain letters, mass mailings, or any
form of “spam”;
(g)
private information of any third party, including but not limited to,
addresses, phone numbers, email addresses, government identity numbers
and credit card numbers;
(h)
viruses, corrupted data or other harmful, disruptive or destructive
files; or
(i)
User Content that violates any terms of the Product, as set out in
the Product’s official website or in-game announcement from time to
time, (if any).
4.5
To the maximum extent permitted by applicable law, you acknowledge
and agree that we take no responsibility and assume no liability for
any User Content created, posted, uploaded, submitted, published,
displayed, distributed, stored, generated, transmitted, or otherwise
published 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. We may, however, at any time, without notice, and
without any obligation to User, remove, edit, block or suspend the
availability of any User Content that we think violates these Terms or
is otherwise objectionable. User understands that when using the
Services, User will see User Contents from a variety of sources and
understands that User Contents could be inaccurate, offensive, or
objectionable. We accept no liability in respect of any User Contents
created or published by other users or by authorised third parties. If
notified by a User or content owner that User Contents allegedly
violates these Terms, we may investigate and decide whether to remove
or disable access to the User Contents (which we can do at any time,
without notice).
4.6
You are solely responsible for creating backup copies of and
replacing any User Content you post or store at your own cost and
expense. Any use of the Service in violation of the foregoing violates
these Terms and may result in, among other things, termination or
suspension of your rights to use the Service or any part
thereof.
4.7
You represent and warrant that, when you create and publish User
Content through the Services, you agree and represent that you own
that User Content, or you have received all necessary permissions,
clearances from, or are authorised by, the owner of any part of the
content to create and publish it in the Services, to transmit it from
the Services to other third party platforms, and/or adopt any third
party content. You also represent and warrant that (a) the User
Content is accurate and 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. We takes no
responsibility and assumes no liability for any User Content available
to you or any third party in the Service. We has the right but not the
obligation to monitor, modify, disable access to, or remove any User
Content in the Services, and we may exercise these rights at any time,
without notice or liability to you or any third party.
4.9
Special Provisions for User-Created Characters
(a)
“User-Created Character”means the virtual identity created by you
through the Character Creation feature, including its name, visual
appearance (“look”), background story, personality settings, and any
original voice recordings you upload to define its voice.
(c)
You retain ownership of the original creative contributions that
constitute your User-Created Character, as defined in 4.9(a).By
creating and publishing a User-Created Character, you grant
Perfectlands a worldwide, royalty-free, perpetual, irrevocable, and
sublicensable license to copy, display, upload, perform, distribute,
transmit, make available, store, access, modify, exploit,
commercialize and otherwise use the User-Created Character for any
purpose in any form, medium or technology now known or later
developed, including but not limited to (i) facilitating other users’
ability to interact with the Character and elicit User Content; (ii)
promoting the Services on- or off-service.
(d)
You specifically represent, warrant, and covenant that your
User-Created Character, and any instructions or settings you provide
for it, shall not:
(i)
Be used to create a character that impersonates a real person (living
or dead) without their explicit, verifiable prior consent, or to
create “deepfakes” for the purpose of generating political
misinformation, perpetrating fraud or scams, damaging the reputation
of others, or engaging in any other harmful conduct.
(ii)
Infringe or misappropriate any third-party’s right of publicity,
personality rights, or rights in voice by using the name, voice,
likeness, or any other uniquely identifiable attribute of another
without authorization.
5.1
Fees.
(a)
There is no basic usage fee for the Services provided by us. However,
you may have to pay fees to us or applicable third parties to access
and acquire certain game items or activities, and to purchase certain
Virtual Currency for the purchase of in-game items or activities. You
shall pay the fees in accordance with the price and billing method
indicated on the certain Virtual Currency provided by us. Use of any
platform-specific payment processing options is subject to any terms
imposed by the relevant platform.
(c)
In addition to these Terms, your purchase of the certain 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 made from us and
any dispute arising therefrom.
6.1
How you may use the Product.
(a)
In return for your agreeing to comply with these Terms, you
may:
(i)
download a copy of the Product onto your devices, and view, use and
display the Product on such devices for your personal purposes
only;
(ii)
receive and use any supplementary software code or update of the
Product incorporating “patches” and corrections of errors as we may
provide to you;
(iii)
use the Service we provide in connection with the Product.
(b)
Except as expressly permitted in these Terms, the above rights do not
include, and you agree not to engage in, any:
(i)
sublicensing, lending or commercial use of the Product or material
therein;
(ii)
distribution, public performance or public display of any Product 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 Product, 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 Product or any information
contained therein, except as expressly permitted by us;
(vi)
reverse engineering or decompiling of the Product, or otherwise
attempt to derive source code from the Product or other software
included in the Product; or
(vii)
any use of the Product other than for its intended purpose.
(c)
Rights granted to you hereunder are revocable. Any use of the Product 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.
(d)
You may not transfer the Product to someone else. We are giving you personally the right to use the Product as set out
above. You may not otherwise transfer the Product 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 Product is installed, you
must first remove the Product from the device.
6.2
Acceptable use restrictions.
(a)
You agree that you will:
(i)
not sub-license, provide, or otherwise make available, the Product in
any form, in whole or in part to any person without prior written
consent from us;
(ii)
not copy the Product, except as part of the ordinary use of the
Product;
(iii)
not translate, merge, adapt, vary, alter or modify, the whole or any
part of the Product nor permit the Product or the Product or any part
of them to be combined with, or become incorporated in, any other
programs, except as necessary to use the Product 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 Product nor attempt to do
any such things.
(b)
To the extent that they apply to you, you must comply with all
applicable technology control or export laws and regulations (if any)
that apply to the technology used or supported by the Product.
(c)
You must not:
(i)
use the Product and Service 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 Product or
any operating system;
(ii)
infringe our Intellectual Property Rights or those of any third party
in relation to your use of the Product, including by the submission of
any material (to the extent that such use is not granted by these
Terms);
(iii)
transmit any material that is defamatory, offensive or otherwise
objectionable in relation to your use of the Product;
(iv)
use the Product in a way that could damage, disable, overburden,
impair or compromise our systems or security or interfere with other
users; and
(v)
collect or harvest any information or data from any Product or our
systems or attempt to decipher any transmissions to or from the
servers running any Product.
7.1
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND
AGREE THAT ALL INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCT AND
SERVICES (INCLUDING ANY AND ALL ELEMENT IN CONNECTION WITH THE PRODUCT
AND SERVICES EMBODIED IN THE USER CONTENT) THROUGHOUT THE WORLD BELONG
TO US. YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS IN, OR TO, THE PRODUCT 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, photos, graphics, and any related
documentation), game animations, videos, audio, music, lyrics, script,
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 property rights recognized by applicable laws, treaties,
and conventions, and all inventions, software, technology that are
patentable in 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.
7.2
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 OBTAIN,
UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID
IN EXCHANGE FOR VIRTUAL ITEMS. FURTHERMORE, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, 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 PRODUCT CONTENT,
VIRTUAL ITEMS, INCLUDING THE DELETION OF PRODUCT CONTENT, VIRTUAL
ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
7.3
You acknowledge and agree that the data presented to you in the
Product is all the data you have access to. We have no obligation to
share any other data with you, unless otherwise required under
applicable laws. For more details relating to how we collect, use and
share data, please refer to our Privacy Policy.
8.1
We may provide or make available tools that allow third party or
social media content to be shared through the Product 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.
8.2
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 Product
and Services at our 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), unless
otherwise required by applicable law.
(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 Product
or services offered by them.
9.1
We reserve the right to interrupt the availability of a Product or
Service 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 Product and Services
to you;
(b)
force majeure;
(c)
in accordance with the order of governmental authorities or other
in-charge authorities; and
(d)
in order to comply with applicable laws.
9.2
You agree that we will not be liable for any interruption of the
Product or Services or any part thereof, delay or failure to perform
resulting from any causes whatsoever, to the maximum extent permitted
by applicable law.
10.1
We may end your rights to use the Product if you do not comply with
these Terms.
(a)
For your violations we may at our option issue warnings and temporary
suspensions and permanent terminations of Accounts. We retain the
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; however, any
determination shall be under our absolute discretion.
(b)
We may end your rights to use the Product at any time by contacting
you if you have breached these Terms. If your breach of the Terms can
be corrected, we may give you a reasonable opportunity to do so.
(c)
To the maximum extent permitted by applicable law, in the event your
Account is terminated for any reason, or for no reason, unless
otherwise agreed by us or required by applicable law, no refund will
be granted, no online time or other credits (e.g., Virtual Currency in
a Product) will be credited to you or converted to cash or other form
of reimbursement, and you will have no further access to your Account.
Any delinquent or unpaid Accounts or Accounts with unresolved disputes
must be settled before we may allow you to register again.
(d)
If we end your rights to use the Product or Service:
(i)
You must stop all activities authorized by these terms, including
your use of the Product.
(ii)
You must delete or remove the Product from all devices in your
possession and immediately destroy all copies of the Product which you have and confirm to us
that you have done so.
(iii)
We may remotely access your devices and remove the Product from them
and cease to provide you with access to the Product.
10.2
We may terminate services permanently.
(a)
Upon reasonable advance notice, and to the extent legally
permissible, we may end the Services and access to the Product
permanently for all users. You understand that we will not assume any
obligations to you with respect to the Product and Services for such
permanent termination, to the maximum extent permitted by applicable
law.
(b)
You understand and agree that, to the maximum extent permitted by
applicable law, any Product and 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 us when the Product and Services will be terminated
permanently, or the date when such Virtual Items are lost due to
technical issues.
11.1
You understand that our Product is currently a Minimum Viable Product
(“MVP”), which means it is in an early development stage. And you may be
given the opportunity to Beta Test and/or new features of our Product
(“Beta Product”, together with MVP, the “Testing Product” ). To the extent such Beta Product are provided by us to you, your
participation as a tester is subject to the terms and conditions in
this Section 11.
11.4
When playing certain Testing Product, you may accumulate treasure,
experience points, equipment, or other value or status indicators
within the Test. This data may be reset at any time during the testing
process, and it may be reset when the particular Product 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.
11.5
When playing certain Testing Product, you agree that if any payment is involved the relevant rebates and special policies pertaining to such payment shall be subject to the official notifications released within the Testing Product.
This section covers additional terms that apply to your use of
generative AI features in our Product (“GenAI Features
”).
The interactive conversations with any and all Characters available within the Product, including but not limited to User-Created Characters (as defined in Section 4.9) constitute use of the “GenAI Features” under this Section 12.
By accessing or using any GenAI Feature, you agree to the additional
terms in this section. If you do not agree, you must refrain from
using GenAI Features, by voluntarily choosing not to use them. Please
note that the use of the GenAI Features is not mandatory to use our
Services.
12.1
Inputs and Outputs
When using the GenAI Features, you may input or upload content
(“Input”). However, you must not submit any Input
that contains personal or sensitive information. The Services will
process the Input to generate output, such as text, music, sound, NPC
behavior, and other kind of content provided within the Services
(“Output”). You retain ownership of the Input and
grant us the rights detailed in Section 4.8, allowing us to use the
Input in the same manner as the other content you submit or post on or
through our Services.
12.2
GenAI Feature Restrictions
You may not do any of the following while accessing or using the
GenAI Features:
(a)
Generate any content, including the outputs or results generated by GenAI Features, that infringes, misappropriates, or otherwise violates any
individual’s or entity’s rights (including, but not limited to rights
in copyrighted content), or violate this Terms.
(b)
Perform or facilitate dangerous, illegal, or malicious activities,
including:
(i)
Facilitation or promotion of illegal activities or violations of law, such as:
-
Promoting or generating content related to child sexual abuse or
exploitation;
-
Promoting or facilitating sale of, or providing instructions for
synthesizing or accessing, illegal substances, goods, or
services;
-
Facilitating or encouraging users to commit any type of crimes;
or
-
Promoting or generating violent extremism or terrorist
content.
(ii)
Engagement in the illegal or unlicensed practice of any vocation or
profession including, but not limited to, legal, medical, accounting,
or financial professional practices.
(iii)
Abuse, harm, interference, or disruption of services (or enable
others to do the same), such as:
-
Promoting or facilitating the generation or distribution of spam;
or
-
Generating content for deceptive or fraudulent activities, scams,
phishing, or malware.
(iv)
Attempts to override or circumvent safety filters or intentionally
drive GenAI Features to act in a manner that contravenes Section 12.3
“GenAI Feature Restrictions”.
(v)
Generation of content that may harm or promote the harm of
individuals or a group, such as:
-
Generating content that promotes or encourages hatred;
-
Facilitating methods of harassment or bullying to intimidate,
abuse, or insult others;
-
Generating content that facilitates, promotes, or incites
violence;
-
Generating content that facilitates, promotes, or encourages self
harm;
-
Generating personally identifying information for distribution or
other harms;
-
Tracking or monitoring people without their consent;
-
Generating content that may have unfair or adverse impacts on
people, particularly impacts related to sensitive or protected
characteristics; or
-
Generating, gathering, processing, or inferring sensitive personal
or private information about individuals without obtaining all
rights, authorizations, and consents required by applicable
laws.
(c)
Generate and distribute content intended to misinform, misrepresent
or mislead, including:
(i)
Misrepresentation of the provenance of generated content by claiming
content was created by a human, or represent generated content as
original works, in order to deceive;
(ii)
Generation of content that impersonates an individual (living or
dead) without explicit disclosure, in order to deceive;
(iii)
Misleading claims of expertise or capability made particularly in
sensitive areas (e.g. health, finance, government services, or
legal);
(iv)
Making automated decisions in domains that affect material or
individual rights or well-being (e.g., finance, legal, employment,
healthcare, housing, insurance, and social welfare);
(v)
Generation of defamatory content, including defamatory statements,
images, or audio content; or
(vi)
Engaging in the unauthorized or unlicensed practice of any profession
including, but not limited to, financial, legal, medical/health, or
related professional practices.
(d)
Generate sexually explicit content, including content created for the
purposes of pornography or sexual gratification (e.g. sexual
chatbots). Note that this does not include content created for
scientific, educational, documentary, or artistic purposes.
(e)
Violate applicable laws and regulations.
(f)
Extract data or Output.
(g)
Use the GenAI Features or Output to develop models or for machine
learning or model training purposes that compete with us.
12.3
GenAI Feature Disclaimers
To the extent permitted by law, we disclaim all liability for any
damages arising from your use of the GenAI Features or Output. You
acknowledge that the GenAI Features may produce Output that is
unsuitable, incorrect, or misleading, and that you are responsible for
reviewing and verifying any Output before relying on it.The Output may
not be unique and others using the GenAI Features may generate the
same or similar Output. At any point in the future, to the maximum
extent permitted by law, we reserve the right to restrict (remotely or
otherwise), limit, suspend, terminate, or otherwise modify your access
to the GenAI Features at our sole discretion. These disclaimers are in
addition to those listed in the “DISCLAIMER OF WARRANTIES” section
below.
12.4
The GenAI Features described herein include third-party services. You
acknowledge that your use of the GenAI Features may subject you to
terms and/or policies (including privacy policies) outside the control
of us. By using such GenAI Features, you hereby agree to comply with
any terms, conditions, and policies they may impose.
13.
CHANGES TO THESE TERMS
13.1
You understand and agree that we may, from time to time, modify,
amend, or supplement these Terms or other separate additional terms
(including but not limited payment terms applicable to Virtual
Currency or to any purchases) posted on the applicable website or as
part of a Product or otherwise provided to you by us. If so, we will
notify you of material changes relevant to you via notice published in
the Service or by other means. Such modifications, amendments,
supplements of terms shall be effective immediately upon posting and
shall be incorporated by reference into these Terms to the extent legally permissible.
13.2
IF YOU DO NOT ACCEPT THE CHANGES, YOU SHOULD NOT CONTINUE TO USE THE
PRODUCT AND SERVICES. BY CONTINUING TO USE THE PRODUCT OR CLICKING “AGREE”, YOU AGREE TO USE OF THE PRODUCT AND SERVICES IN
ACCORDANCE WITH THE UPDATED TERMS.
14.1
From time to time we may automatically update the Product to improve
performance, enhance functionality, reflect changes to the operating
system or address security issues. We may also ask you to update the
Product for these reasons. These Terms shall apply to any updates, upgrades and/or additional
features that are not distributed with a separate license or other
agreement.
14.2
If you choose not to install such updates, you may not be able to
continue using the Product.
15.1
Support. If you want to learn more about the Product or have any
problems using it please take a look at our support resources
specified in the SCHEDULE.
15.2
Contacting us (including complaints). If you think the Product is
faulty or inaccurately described or wish to contact us for any other
reason please contact our customer service team specified in the SCHEDULE.
15.3
How we will communicate with you. If we have to contact you, we will
do so using the contact details you have provided to us.
16.1
Under data protection legislation, we are required to provide you
with certain information about who we are, how we process your
personal data and for what purposes and your rights in relation to
your personal data and how to exercise them. This information is
provided in our Privacy Policy specified in the SCHEDULE
and it is important that you read that information.
16.2
Please be aware that Internet transmissions are never completely
private or secure and that there is always a risk that a message or information you send using the Product may be read or
intercepted by others, even if there is a special notice that a
particular transmission is encrypted.
You understand and agree that we may, with your consent, send push
notifications and local notifications to your device to provide game
updates and other relevant messages. If you no longer wish to receive
push notifications/alerts from our Game, you may opt out by changing
your notification settings on your device.
We may run advertisements and promotions from third parties through
the Product and Service or may otherwise provide information about or
links to third-party Product or services through the Product. Your
business dealings or correspondence with, or participation in
promotions of, such third parties, and any terms, conditions,
warranties or representations associated with such dealings or
promotions are solely between you and such third party. We are not
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or promotions or as the result of the
presence of such advertisers or third party information. If you access
a third party website from the Product, you do so at your own risk,
and you understand that these Terms do not apply to your use of such
sites. You relieve us from any and all liability arising from your use
of any third-party website, service, or content.
The ways in which you can use the Product 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 the SCHEDULE.
(a)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT,
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 EXTENT 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 PRODUCT AND SERVICES, INCLUDING ALL INFORMATION, CONTENT AND
MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT
REPRESENT OR WARRANT THAT THE PRODUCT OR THE MATERIALS CONTAINED
THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR
ERROR-FREE.
(b)
WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCT AND
SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCT AND 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 PRODUCT AND
SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE
PRODUCT, SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES, BUGS,
ERRORS OR OTHER HARMFUL COMPONENTS OR DEFECTS; 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 PRODUCT IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d)
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE PRODUCT OR SERVICES. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO
HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO
USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE PRODUCT AND
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
(e)
REFERENCE TO ANY PRODUCT, 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.
20.2
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. However, to the
maximum extent permitted by applicable law, we are not responsible for
any loss or damage that is not foreseeable. Loss or damage is
foreseeable if it is obvious that it will happen or if, at the time
you accepted these terms, both you and us knew it might happen.
(b)
Notwithstanding anything to the contrary herein, 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 the negligence of our employees, agents or
subcontractors 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 Product is for private use and you shall not use the Product for
profit. If you use the Product 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, unless otherwise dictated by applicable mandatory law.
(e)
Limitations to the Product. The Product 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 Product. Although we make reasonable
efforts to update the information provided by the Product, 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 Product are suitable for you. The Product have not
been developed to meet your individual requirements. Please check that
the facilities and functions of the relevant Product meet your
requirements.
(g)
We are not responsible for events outside our control. If we have to cancel or delay in providing the Product or Services to
you by an event outside our control, 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.
(a)
TO THE MAXIMUM EXTENT 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 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 PRODUCT OR
SERVICES OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR
ACCESSED THROUGH THE PRODUCT, 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,
PRODUCT OR SERVICES.
(b)
TO THE MAXIMUM EXTENT 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 PRODUCT 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.
20.4
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 Product, your conduct, your violations of
these Terms, any misuse of the Product or Services, or your violation
of the rights of any third party.
THESE TERMS ARE GOVERNED BY THE LAWS OF SINGAPORE, AND ANY DISPUTE,
CONTROVERSY OR CLAIM ARISING FROM OR IN CONNECTION WITH THE TERMS,
INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY OR
TERMINATION, SHALL BE EXCLUSIVELY REFERRED TO AND DETERMINED BY THE
SINGAPORE INTERNATIONAL ARBITRATION CENTRE.
22.1
You agree to comply with these Terms in connection with your use of
the Product and Services.
22.2
In addition to these Terms, the Product have additional terms
specific to its use. By accessing or using our Services, you agree
that the use of our Services is also subject to our Privacy Policy and
such additional terms and you will comply with all such terms.
23.1
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 SCHEDULE
forms part of the Terms and shall have effect as if set out in full in
the body of the Terms and any reference to these Terms includes the SCHEDULE.
23.2
You need our consent to transfer your rights to someone else. You may not transfer your rights or your obligations under these
Terms to another person unless we give our prior consent in
writing.
23.3
No rights for third parties. A person other than you and us has no rights to rely on or enforce
any term hereunder.
23.4
IF A COURT FINDS PART OF THE 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.
23.5
Even if we delay in enforcing the Terms, we can still enforce it
later. To the maximum extent permitted by applicable law, even if we delay
in enforcing the Terms, we can still enforce it later. If we do not
insist immediately that you do anything as required under these terms,
or if we delay in taking steps against you in respect of your breach
of the 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.
23.6
Headings 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 the
Terms.
SCHEDULE
-
CONTACT INFORMATION
If you have any questions or suggestions about the Product, Services
or these Terms, please contact us at: service@superoasis.ai.
-
ACCOUNT SUSPENSION AND TERMINATION
2.1
The additional terms for suspension and/or termination of your
Account for the Product in your jurisdiction are as follows:
If we determine that you are a “gold farmer” who sells Virtual Items
for real world currency, your Account (and/or your characters) will be
terminated by us in perpetuity.
If you, without our authorization, act as Perfectlands or on behalf
of Perfectlands, cheat other users and cause damages to such other
users, your Account (and/or your characters) will be terminated by us
in perpetuity.
If you disseminate fake, untrue or inaccurate information by using
your Account, we have the right to suspend your access to your Account
(and/or your characters) for no less than one (1) day based on the
severity of your violation.
If you violate the other applicable game rules or user restrictions
in these terms, we have the right to suspend your access to your
Account (and/or your characters) for no less than half an hour based
on the severity of your violation.
-
TRADING OF VIRTUAL CONTENTS
3.1
You are permitted to trade your Virtual Contents in exchange for
other Virtual Contents or other Virtual Items (including Virtual
Currency) in the manner made available by us in the game. For each
trading transaction, we may charge and deduct a percentage of the
Virtual Items value amount you have traded for as a trading fee. Such
Virtual Currency you have traded for will be credited to your Account
and can be used by you in the game, but you cannot transfer such Virtual Currency to another account
(even another Account of yours) or trade such Virtual Currency with
another user.
-
PLATFORM TERMS ALSO APPLY
The ways in which you use the Product(s) and/or Services may also be
controlled by a third-party platform or store, including but not
limited to, Facebook, the Google Play Store and Apple App Store (each,
an “App Store”). Your use of our Product or Services is also governed by any
applicable agreements you have with any App Store (“App Store Agreement(s)”). In the event of a conflict between the Terms of this Terms and
any other App Store Agreements(s) from which you acquire one of our
Product, these Terms shall prevail.
|
Platform
|
Platform Terms
|
|
iOS APP Store
|
Your use of the Product or Services made available as apps via
the iOS App Store (“iOS Apps”) 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/.
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Google Play
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Your use of the Google Play Store is subject to any policies
that apply to the use of such services, including the Google
Play Terms of Service available at https://www.google.com/mobile/android/market-tos.html.
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Facebook
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Your use of the Facebook Apps Portal is subject to any policies
that apply to the use of such services, including the Facebook
Terms of Service available at https://www.facebook.com/legal/terms.
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JURISDICTION-SPECIFIC CONDITIONS
If you are using the Product or services from within the
jurisdictions as specified below, the following Sections shall apply
to you separately.
UNITED STATES
If you are using our Product or Services from within the USA, then:
(i) the Product and Services are provided and operated by PERFECTLANDS PTE. LTD., and (ii) the following supplemental terms
shall apply and shall override any conflicting provisions in the rest
of the Terms:
5.1
No Children. Our Product and Services are not intended for children under 12 and
we will not knowingly collect personal information from children under
the age of 12. You may not use the Product or Services if you are
under the age of 12.
5.2
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, including
any arbitration proceeds outlined below, are governed by California
(USA) law without regard to any conflict of law principles to the
contrary, and the JAMS Rules for any arbitration proceedings as
outlined below.
5.3
Arbitration And Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT
TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT
CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS
ACTION WAIVER.
(a)
Informal Process First. You and Perfectlands agree that in the event of any dispute between
you and Perfectlands relating in any way to these Terms or your use of
the Product or Services, either party will first contact the other
party and make a good faith sustained effort to resolve the dispute
before resorting to more formal means of resolution, including without
limitation, any court action, after first allowing the receiving party
30 days in which to respond. Both you and Perfectlands agree that this
dispute resolution procedure is a condition precedent which must be
satisfied before initiating any arbitration against the other
party.
(b) Agreement to Arbitrate and Class Action Waiver. After the informal dispute resolution process, any remaining
dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Terms or your use of the Product or
Services, will be resolved by arbitration, including threshold
questions of arbitrability of the Claim. You and Perfectlands agree
that any Claim will be settled by final and binding arbitration, using
the English language, administered by JAMS under its Comprehensive
Arbitration Rules and Procedures (“JAMS Rules”) then in effect (those rules are deemed to be incorporated by
reference into this Paragraph, and as of the date of these Terms).
Because your contract with Perfectlands, these Terms, and this
Arbitration Agreement concern interstate commerce, the Federal
Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator
will apply applicable substantive law consistent with the FAA and the
applicable statute of limitations or conditions precedent to suit.
Arbitration will be handled by a sole arbitrator in accordance with
the JAMS Rules. Judgment on the arbitration award may be entered in
any court that has jurisdiction. ANY ARBITRATION UNDER THE TERMS WILL
TAKE PLACE ON AN INDIVIDUAL BASIS – CLASS ARBITRATIONS AND CLASS
ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THE
TERMS, YOU AND Perfectlands ARE EACH WAIVING THE RIGHT TO TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
Notwithstanding the foregoing, you and Perfectlands will have the
right to bring an action in a court of proper jurisdiction for (i)
injunctive or other equitable or conservatory relief or (ii) disputes
or claims within the jurisdiction of a “small claims” court, but only
if your claim qualifies, and your claim remains in such court and on
an individual, non-representative and non-class basis. An arbitrator
shall not be bound by rulings in prior arbitrations involving
different users, but is bound by rulings in prior arbitrations
involving the same user to the extent required by applicable
law.
(c)
Costs of Arbitration. Payment of all filing, administrative and arbitrator costs and
expenses will be in accordance with the JAMS Rules, except that if you
demonstrate that any such costs and expenses owed by you under those
rules would be prohibitively more expensive than a court proceeding,
Perfectlands will pay the amount of any such costs and expenses that
the arbitrator determines are necessary to prevent the arbitration
from being prohibitively more expensive than a court proceeding
(subject to possible reimbursement as set forth below). Fees and costs
may be awarded as provided pursuant to applicable law. If the
arbitrator finds that either the substance of your claim or the relief
sought in the demand is frivolous or brought for an improper purpose
(as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all fees will be governed by the
JAMS rules. In that case, you agree to reimburse Perfectlands for all
monies previously disbursed by it that are otherwise your obligation
to pay under the applicable rules. If you prevail in the arbitration
and are awarded an amount that is less than the last written
settlement amount offered by Perfectlands before the arbitrator was
appointed, Perfectlands will pay you the amount it offered in
settlement. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees or expenses at any time during
the proceeding and upon request from either party made within 14 days
of the arbitrator’s ruling on the merits.
(d)
Opt-Out. You have the right to opt-out and not be bound by the arbitration
provisions set forth in these Terms by sending written notice of your
decision to opt-out to service@superoasis.ai. The notice must be sent to Perfectlands within
thirty (30) days of your first registering to use the Product or
Services or agreeing to these Terms, otherwise you shall be bound to
arbitrate disputes in accordance with these Terms. If you opt-out of
only these arbitration provisions, and not also the class action
waiver, the class action waiver still applies. You may not opt out of
only the class action waiver and not also the arbitration provisions.
If you opt out of these arbitration provisions, Perfectlands also will
not be bound by them.
(e) WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and
Perfectlands each agree that any proceeding to resolve any dispute,
claim, or controversy will be brought and conducted ONLY IN THE
RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS
(OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR
REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND Perfectlands AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A
PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND Perfectlands
EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM.
IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE
THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION,
OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE
ARBITRATION. FURTHER, YOU AND Perfectlands AGREE THAT THE ARBITRATOR MAY NOT
CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY
NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive
relief to the extent authorized by law and consistent with the
exceptions clause above. IF THIS CLASS ACTION WAIVER IS LIMITED,
VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY
AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND
VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS
PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the
limitations of this paragraph are deemed invalid or unenforceable, any
putative class, private attorney general, or consolidated or
representative action must be brought in a court of proper
jurisdiction and not in arbitration.
5.4
Removal of Infringing Materials – Digital Millennium Copyright Act
Policy.
(a)
Anyone who believes that his or her work has been reproduced in the
Product or Services in a manner which constitutes copyright
infringement may submit a notification to Perfectlands’s copyright
agent in accordance with the Digital Millennium Copyright Act (“DMCA”), by providing the following information in writing:
(i)
identification of the copyrighted work that is claimed to be
infringed;
(ii)
identification of the allegedly infringing material that is requested
to be removed, including a description of where it is located on the
Product or Services;
(iii)
information for our copyright agent to contact you, such as an
address, telephone number, and, if available, e-mail address;
(iv)
a statement that you have a good faith belief that the identified,
allegedly infringing use is not authorized by the copyright owners,
its agent or the law;
(v)
a statement that the information above is accurate, and under penalty
of perjury, that you are the copyright owner or the authorized person
to act on behalf of the copyright owner; and
(vi)
a physical or electronic signature of a person authorized to act on
behalf of the owner of the copyright or of an exclusive right that is
allegedly infringed.
(b)
If you are asserting infringement of an intellectual property right
other than copyright, please specify the intellectual property right
at issue (for example, “trademark”) by notating this in your written
notice. You acknowledge that if you fail to comply with all of the
requirements for a notice of infringement as specified above, your
DMCA notice may not be valid.
(c)
Our agent for DMCA notice of claims of copyright infringement on the
Product or Services (“Copyright Agent”) can be reached as follows: by e-mail to service@superoasis.ai.
Please place “Legal Support, DMCA” in the Subject Header.
(d)
Perfectlands will respond expeditiously to claims of copyright
infringement using the Product or Services that are reported to
Perfectlands’s copyright agent in the notification explained above. It
is Perfectlands’s policy, in appropriate circumstances and at its
discretion, to disable or terminate the accounts of users of the
Product or Services who repeatedly infringe copyrights or intellectual
property rights of others.
(e)
If you believe that your User Content that was removed (or to which
access was disabled) after we received a notice of copyright
infringement is not actually infringing, or that you have the
authorization from the copyright owner, the copyright owner’s agent,
or pursuant to the law, to post and use the content in your User
Content, you may send a counter-notice containing the following
information to Perfectlands’s Copyright Agent: (1) your physical or
electronic signature (with your full legal name); (2) identification
of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was
removed or disabled; (3) a statement that you have a good faith
belief, under penalty of perjury, that the content was removed or
disabled as a result of mistake or a misidentification of the content;
and (4) your name, address, telephone number, and email address, and a
statement that you will accept service of process from the person who
provided the original notification of the alleged infringement.
(f)
If a counter-notice is received by Perfectlands’s Copyright Agent, we
may send a copy of the counter-notice to the original complaining
party informing that person that we may replace the removed content or
cease disabling it. Unless the original complaining party files an
action seeking a court order against the content provider, member or
user, the removed content may be replaced, or access to it restored,
in ten business days or more after receipt of the counter-notice, at
Perfectlands’s sole discretion.
(g)
Please understand that filing a counter-notification may lead to
legal proceedings between you and the complaining party to determine
ownership. Be aware that there may be adverse legal consequences in
your jurisdiction if you make a false or bad faith allegation by using
this process.
5.5
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the
Product or Services receive the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be
contacted in writing at the contact information set forth at
http://www.dca.ca.gov/about_dca/contactus.shtml.
5.6
Exports. You agree that you will not export or re-export, directly or
indirectly the Product or Services and/or other information or
materials provided by Perfectlands hereunder, to any country for which
the United States or any other relevant jurisdiction requires any
export license or other governmental approval at the time of export
without first obtaining such license or approval. In particular, but
without limitation, the Product or Services may not be exported or
re-exported (a) into any U.S. embargoed countries or any country that
has been designated by the U.S. Government as a “terrorist supporting”
country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted
parties, including the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce Denied
Person’s List or Entity List.
5.7
U.S. Government Restricted Rights. The Product or Services and related documentation are “Commercial
Items”, as that term is defined at 48 C.F.R. §2.101, consisting of
“Commercial Computer Software” and “Commercial Computer Software
Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or
48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only
as Commercial Items and (b) with only those rights as are granted to
all other end users pursuant to the terms and conditions herein.
5.8
Contact Us. You can reach us at service@superoasis.ai.