TERMS OF SERVICE
PLEASE READ THE TERMS AND CONDITIONS ("THIS AGREEMENT") CAREFULLY BEFORE YOU USE OUR GAMES, APPS, WEBSITES AND OTHER SERVICES (THE "OUR SERVICES"). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU SHALL NOT USE OR ACCESS OUR SERVICES. IF YOU CLICK THE "I ACCEPT" BUTTON OPTION BOX WHEN YOU REGISTER YOUR ACCOUNT OR OTHERWISE ACCESS OR USE OUR SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT.
We provide game rating information on our website about age appropriateness. We also encourage you to supervise your child's online activities, review the content they are accessing and, as appropriate, monitor their social interactions.
If you are a minor as defined by applicable law in your area, you may use and access our Services only with your legal guardian, and your legal guardian must accept this Agreement on your behalf.
1.DEFINITIONS
1.1Agreement, refers to the text of this Agreement, the "Privacy Protection Guidelines" and the Services Rules.
1.2Service Provider, refers to [HONGKONG FAME CHAMPION TRADING CO., LIMITED], herein referred to as "our", "we", "us", "FAME CHAMPION" in this Agreement.
1.3You, also referred to as "player(s) " or "user(s)", refers to any natural person who is authorized to use our Service.
1.4Data, refers to all types of data generated during your use of our Services.
1.5Amendments. We may amend (such as update, modify or correct) this Agreement (including any additional terms and conditions applicable to any specific Services and the Rules of Conduct) at any time in our sole discretion by posting the amended Agreement at our Websites or within the Services. Your use of Services after the amended Agreement comes into effect constitutes your agreement to the amended Agreement. You agree to check this Agreement (including the Rules of Conduct) before each use so you will be familiar with their content as amended from time to time. If you do not agree to the amended Agreement, immediately stop accessing the Services.
2.INTELLECTUAL PROPERTY RIGHTS AND LICENSES
2.1Subject to your agreement to and compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, non-shareable, revocable, limited license to use the Services (including the Software in connection with the Services) solely for your personal, non-commercial use to the Services in accordance with this Agreement.
2.2We are entitled to immediately terminate this license, without any liability to you in the event of your any violation of the terms of this Agreement.
2.3The Services comprise of content that belongs to us and/or our licensors and that are protected by copyright, trademark, and other intellectual property laws. We reserve all rights, including without limitation, intellectual property rights and other rights, in respect of the Services. You may not use the Services or the intellectual property comprised in the Services in a manner that constitutes an infringement of our or our licensors' rights. You shall not create, modify, adapt, reverse engineer, recompile, reproduce, publish or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Services, or otherwise use the Software and Services except as may be expressly provided in this Agreement or to the extent permitted by law or relevant open source licenses.
2.4You are not permitted to sell, auction, trade, sublicense, rent, lease, loan or transfer any Account, character, Game Resources or any copyrighted material.
2.5Without prejudice to the generality of the foregoing, you shall not sublicense, rent, lease, loan, sell, auction, trade or otherwise transfer the Software for profit.
3.ACCOUNT AND ACCESS TO SERVICES
3.1Eligibility. If you are a minor as defined by applicable law in your area, you may use and access our Services only with your legal guardian, and your legal guardian must accept this Agreement on your behalf.
3.2You are required to have an account (the "Account") established with us in accordance with this Clause 3.1 or alternatively, if you have reached the Age of Majority, established with a third party service through which we permit access of the Services (such as Facebook Connect or the applications provider for your mobile device). If you access the Services through an Account with a third party service, you shall comply with its terms of service and agree to its privacy policy.
3.3Any person whose Account or access through which has been suspended or terminated by us or any person who has been banned or removed from any Services may not access the Services in any manner or for any reason, including through any other Account, without our express written permission.
3.4You shall not use or access of the Services which is not provided or downloaded directly from our Web Site, or any other third party's platform without licensed by us.
3.5Account ID. At the time your Account is opened, you may be required to choose a name to identify yourself ("your Account ID").
(i)You shall not select as your Account ID a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead others to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive.
(ii)You shall not express, show, publish, announce any contents or act any activities which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead others to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive, through your Account or under your Account ID.
(iii)We reserve the right to delete, or to change, or terminate or suspend access through, any vulgar or otherwise offensive Account ID.
(iv)You are solely liable for all activities conducted through your Account or under your Account ID.
3.6Accounts and virtual items. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a game client, and the game clients and server software) are owned by FAME CHAMPION reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
(1)Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of FAME CHAMPION.
(2)FAME CHAMPION owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in this game. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any FAME CHAMPION's Services, whether earned in a game or purchased from FAME CHAMPION, or any other attributes associated with an Account or stored on the Service.
(3)Character Name. In order to use the Services, you may be required to create a character for certain Services and choose a name for your character to identify your character to other Users (your "Character Name"). You may not select as your Character Name, a name that:
(i) impersonates another person, whether another User, Non-Player Character ("NPC") or game master or otherwise;
(ii) may mislead others to believe you to be an employee of ours;
(iii) is or may be illegal or protected by trade mark, copyright, or other proprietary right, or cause confusion;
(iv) may be rude, humiliating, defamatory, vulgar, hurtful, threatening, abusive, obscene, libelous, hateful, offensive or racially, ethnically or otherwise objectionable including any name that is sexual in nature;
(v) comprises of invalid characters or special characters or phrases or sentences or gibberish;
(vi) we otherwise deem, in our sole discretion, inappropriate, regardless of our software's ability to disallow such names.
You agree not to use any misspellings, alternative spellings or other actions in an attempt to circumvent the foregoing restrictions.
We reserve the right to delete, remove, change or alter any Character Name that we deem to be inappropriate, in our sole discretion at any time.
3.7Passwords and Security.
(1)At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password, or use your Account, Account ID or password on any other platform without licensed by us. We will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process, or when you are requesting us to perform certain service that requires your password authentication, in which case you will only send your password to our designated email address or our Web Site.
(2)You agree to notify us immediately if you are aware or reasonably suspect of any unauthorized use of your Account or password.
(3)In case any damages or losses are incurred by your use of others' account or someone else using your account, with or without your consent, you shall be solely liable to such damages and losses and we shall in no case liable for such damages or losses.
3.8Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by our registration form or if you access the Services through third party services, you represent and warrant that to the best of your knowledge true, accurate, current and complete personal information about yourself is and/or will be shared with us by such third party to pre-populate our registration form ("Registration Data"). You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If any information provided to us is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and/or access through such Account and refuse any and all current or future use of the Service.
3.9Terminated Accounts. Any person whose Account or access through which has been suspended or terminated by us may not access the Services in any manner or for any reason, including through any other Account, without our express written permission.
3.10You agree that we have the right to monitor, collect, use, remove, alter, suspend and disclose all such data, information and content as we, in our sole discretion, believe necessary or appropriate for provision of the Services, to investigate or resolve possible problems or inquiries, for any legal process, for compliance with any laws or regulations, to enforce the terms of this Agreement or in our good faith belief that it would aid in protecting the rights, property or safety of any person.
4. VIRTUAL CURRENCY
4.1In using our Services, there may be virtual currencies. You acknowledge and agree the Virtual Currency or Virtual Items shall be used only for the purpose for the use of the Services and shall not be used for any other purpose. You further acknowledge and agree that Virtual Currency or Virtual Items has no cash value and cannot be in anyway converted or exchange to any of money. You understand and agree Virtual Currency or Virtual Item is only a limited, personal, revocable, non-transferable, non-sublicenseable and non-commercial license granted by us to you in using the Services.
4.2We are entitled to provide you or any other customer with any amount of Virtual Currency or Virtual Item. We are also entitled to delete, change, manage, regulate, control or terminate any Virtual Currency or Virtual Item in your Account at our sole discretion. Further, we are entitled to change or impact the perceived value or pricing of Virtual Currency or Virtual Item in our Services. We are entitled to charge fees for the access and use of Virtual Currency or Virtual Items at our own discretion.
4.3All Virtual Currency and Virtual Items are final and non-refundable, non-transferable, non-exchangeable.
4.4In case you get access to the Virtual Currency or Virtual Items via third party virtual currency or virtual items, you will also be bound by the terms and conditions of such third party and we shall not be liable for your agreement with such third party.
4.5You agree you will not engage in any transaction, selling, buying or exchanging of Virtual Currency or Virtual Items without our prior written consent ("Un-permitted Transaction"). You shall take entirely the risks arising thereof. In case any Un-permitted Transaction comes to the awareness of us, we shall have the right to terminate, suspend, discontinue or reverse such transaction, including without limitation terminate, suspend, discontinue or reverse the Virtual Currency, Virtual Item or your Account.
5.CONTENT AND USER CONDUCT
5.1Content. You acknowledge that: (i) by using the Software and the Services you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including text contributions from other Users (all such independent content providers shall hereinafter be referred to as "Content Providers"). We have the right, but not the obligation, to remove Content at any time at our sole discretion, in particular but without limitation any Content which we deem to be harmful, offensive, or otherwise in violation of this Agreement.
5.2Rights in Content. You acknowledge that we and Content Providers have rights in our respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with using Services.
5.3 User Content. Users can upload Content to our servers in various forms, such as in selections you make for Services and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content, you automatically grant (or you warrant that the owner of such Content has expressly granted) to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Other Users may use any Content you submit and we assume no responsibility for such use to any person, in particular, for any misuse or any compensation for any use. We hereby expressly reserve the right to limit our storage capacity for Users' Content that you post on, through or in connection with the Services. We shall not be liable for any deletion or loss of any Content. You further agree that your Content may be deleted or removed by us at any time as we deem fit in our sole discretion.
5.4Prohibited Conduct. You agree not to: (i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights; (ii) impersonate any person or entity, including, but not limited to, our employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) engage in, facilitate and/or promote any conduct that violates any law or regulation (including without limitation to upload, post, e-mail or otherwise transmit Content that violates any law or regulation); (iv) upload, post, e-mail or otherwise transmit Content as determined by us in our sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any repetitive messages, unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; (vii) circumvent the security measures of, hack into, interfere with, overburden or otherwise disrupt any FAME CHAMPION environment or the FAME CHAMPION experience or otherwise any Services or any servers, networks, computer system, website, router or any other Internet connected device, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (viii) harass another user; (ix) collect, solicit, harvest, intercept, mine or manipulate personal information or other data from or through the Service; (x) assist with the carrying out of the prohibited conduct described herein.
5.5Cheating and Hacking. To ensure fair play, you agree that you will not use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage over other players, or use or exploit of any cheating programs such as cheats, bots, exploits, automation software, hacks or unauthorized third party software etc., to use Services or otherwise modify or interfere with the Services or the FAME CHAMPION experience. You shall not use these cheating programs or create or assist in the creation of cheating programs. In particular but without limitation, you agree not to use the Services to create or assist in the creation of cheats, bots, exploits, automation software, hacks or unauthorized third party software etc., to use the Services or otherwise modify or interfere with the Services or the FAME CHAMPION experience. You further agree not to modify or caused to be modified any files that are part of the Services. Otherwise, we reserve the right to reduce, suspend, alter, delete or terminate your Account, or its data, in our sole discretion.
5.6Modification of the Software. All Users must use the Software provided by us. We periodically update the Apps and other Software. You agree that we may automatically upgrade the version of the Software that has been downloaded. You are strictly prohibited from modifying the Software.
5.7You shall not attempt to gain unauthorized access to the Services, Accounts, or computers, servers or networks connected to the Services, including without limitation by circumventing, manipulating or modifying any technological or security measures, devices or Software.
5.8We have designed Services for use only as offered by us. You agree to use Services only as offered by us and not through any other means not approved by us. You further agree not to create or provide any other means through which Services may be played or accessed by others, such as through server simulators. You shall not attempt to gain unauthorized access to the Services, Accounts, or computers, servers or networks connected to the Services, including without limitation by circumventing, manipulating or modifying any technological or security measures, devices or Software.
5.9All trading, sublicensing, renting, leasing, loaning, selling or transfers of Accounts, characters or Game Resource, including without limitation, trading of Account ID, Account Names, and all out-of-game transfers, are strictly prohibited. Further, any transactions in connection with the Game Resources or other Services amongst Users or provision of in-games services such as power-leveling for "real-world" payment or payment related to the Services is strictly prohibited, unless otherwise permitted by FAME CHAMPION.
5.10You shall not access or use any Account or Game Resource pursuant to any sublicense, rent, lease, loan, sale or prohibited transfer arrangement.
5.11We are not responsible for any losses that occur, whether in relation to any trading activities. any and all prohibited conduct may result in immediate termination of the accounts involved in such conduct or transactions or termination of access through any accounts involved in such conduct or transactions.
5.12In case you are in breach of the Rules or this Agreement, FAME CHAMPION shall have the right to(without limiting our other remedies) at its sole discretion:
(1)Warn you about the breach of Rules or this Agreement;
(2)Close, suspend or terminate your Account partly or in whole;
(3)Terminate your connection to the Service;
(4)Temporarily or permanently terminate your Account;
(5)Delete anything contained in your Account;
(6)Delete your Account;
(7)Retrieve Virtual Items from your Account;
(8)Change the name of your Account or anything contained therein;
(9)Deduct or clear any attributes of your Account or anything contained therein, including experience, Virtual Items, Virtual Currency or levels; or
(10)Other disposition as determined proper by FAME CHAMPION.
6.INTERRUPTION OF SERVICES
6.1We reserve the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise in order to perform maintenance.
6.2You acknowledge that the Services may be interrupted for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. In any event, we shall not be liable for any interruption of the Services arising from unforeseen circumstances or causes beyond our reasonable control, including without limitation acts of God, acts or regulations of government, military authorities and political interference with our activities, network, server or infrastructure failures or shortages of labour, fuel, energy or technological facilities.
6.3Notwithstanding any other provision in this Agreement, we shall not be obligated to provide any compensation or have any liability by reason of any interruption of the Services by reason of any of the circumstances described in Clause 6.1 or 6.2.
7.DISCLAIMER OF WARRANTIES
FAME CHAMPION does not undertake any warranty, express or implied, with respect to the services, nor does FAME CHAMPION guarantee the stability, safety, accuracy and uninterrupted performance of the services. FAME CHAMPION does not guarantee that services will not be free of any program defects or bugs. FAME CHAMPION will use its best efforts to avoid the occurrence of the above mentioned incidents by existing technical means. However, FAME CHAMPION does not guarantee that all the above mentioned incidents will be avoided and shall not be liable for any compensation for the problems that may arise therefrom.
8.LIMITATION OF LIABILITY
FAME CHAMPION shall not be liable for any direct, indirect, derivative, special or implicit damages or loss of interests arising from users' improper use of related services or under the above circumstances. If the liability for damages cannot be completely excluded according to law, Users shall not take their accounts or virtual goods or points in their accounts as the standard of compensation, and FAME CHAMPION's liability for compensation is limited to the amount of money effectively paid to FAME CHAMPION by the User recorded in related Services for the use of the related Services.
9.PRIVACY
9.1The personal information you provide us during registration is used for our internal purposes only. We use the information we have collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval.
9.2We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as we, in our sole discretion, believe necessary or appropriate for provision of the Services, to investigate or resolve possible problems or inquiries, for any legal process, for compliance with any laws or regulations, to enforce the terms of this Agreement or in our good faith belief that it would aid in protecting the rights, property or safety of any person.
9.3Please also see our Privacy Policy. Registration data and other information collected about or from you are subject to our Privacy Policy, the terms of which are incorporated herein. You should review our Privacy Policy to better understand how we collect and use data about you.
10.GOVERNING LAW AND JERISDICTION
This Agreement shall be governed by and construed in accordance with the Law of Hong Kong, without regard to its principles of conflicts of laws. Any dispute, controversy or claim arising out of or relating to this Agreement, or the interpretation, breach, termination or validity hereof, may be submitted by any Party to be finally resolved by arbitration by written notice to the other Parties. The arbitration shall be conducted in Hong Kong under the auspices of the Hong Kong International Arbitration Center ("HKIAC"). There shall be one arbitrator and the arbitration proceedings shall be conducted in English. The arbitration tribunal shall apply the arbitration rules of the HKIAC in effect at the time of the arbitration.
11.GENERAL PROVISIONS
11.1From time to time we may provide offers or initiate promotions ("Promotion") to our Websites or Services. The Promotions are governed by the rules for the Promotions in addition to this Agreement, so please read the rules carefully. If you decide to engage in the Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in order to get the Promotions.
11.2There may be links included in our Websites or Services which links to third party websites or services. You understand and agree that inclusion of the links does not indicate or in any way imply endorsement by us of any third party, third party websites or any association with the operators of such websites or services. We shall in no case be liable to any damages or losses incurred by you due to your use or access to such websites or services. You understand and agree you will be bound by the terms and conditions with the third parties operating the websites and services.
11.3Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without our prior written permission. This Agreement sets forth the entire understanding and agreement between us and you with respect to us, the Services, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties.
11.4If any provision of this Agreement is found to be unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
11.5Assignment. The Terms and any related rights and licenses granted hereunder, may not be transferred or assigned by you without FAME CHAMPION' prior written consent, but may be assigned by FAME CHAMPION freely without restriction.