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IMPORTANT NOTICE:
YOU SHOULD CAREFULLY READ THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) BEFORE INSTALLING OR USING OUR GAMES (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS ANY OF OUR GAMES. YOU ALSO CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
Thank you for your interest in our online games and related services. This Agreement is entered into by and between you and QOOLAND PTE. LTD. (hereinafter referred to as “we”, “us”, “our”, “the Company”, or “Qooland Games”) in relation to our online games and any related services (hereinafter referred to collectively as “Our Games”, and each, a “Game”). You agree that by accessing and/or playing any of Our Games, you are bound by this Agreement. In addition, when using any of Our Games, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time.
Subject to the laws of your country of residence, minor children with limited capacity or with incapacity may also utilize a game account established in relation to Our Games (a “Game Account”) by their parent or legal guardian. If you are a minor, you shall ask your parent (or your legal guardian) to read, understand and agree to comply with this Agreement before your use of any of Our Games.
We may need to update or modify this Agreement from time to time to accurately reflect our services and reserve the right to do so without your express prior consent. Unless otherwise required by law, we will notify you before we make any substantial changes to this Agreement that could affect your rights so that you have the opportunity to review any such changes before they take effect (such notice setting out any changes or modifications to this Agreement, a “Change Notice”). However, once any updated terms are made effective by the passage of time set out in such Change Notice, or if no time is stipulated, by the elapse of a reasonable period of time, you will be bound by all such changes and modifications to this Agreement should you continue to use Our Games. We hope that you will continue to use Our Games, but if you do not accept our updated terms and no longer want to use Our Games, you may delete your Game Account at any time. Your continued use of Our Games after any change or modification to this Agreement means that you (and, if applicable, your parent or legal guardian) have read, understand and agree to any changes or modifications to this Agreement.
PLEASE NOTE THAT THE SECTION BELOW TITLED “GOVERNING LAWS AND DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM IN FULL.
I. Definitions
Unless otherwise defined herein (including in the IMPORTANT NOTICE section above) or the context otherwise requires, the following terms have the definitions set out below:
1. Games Software means the game software provided by us in relation to Our Games, along with all updates, patches, and expansions, etc. of such game software, and may also include web servers, websites (including but not limited to the official website or BBS relating to such Game) or electronic documents related to such game software.
2. Games Services means, in relation to a Game, the Games Software applicable to such Game together with all related online operation services offered by us in relation thereto.
3. You, also referred to as “Player” or “User”, means a natural person who is authorized to use Games Software or who accepts Games Services through legal means and for non-commercial purposes.
II. Scope of Agreement
1. This Agreement is entered into by and between you and the Company in relation to Our Games.
2. The terms and conditions set out in this Agreement may not fully include and cover all of your rights and obligations with respect to Our Games, and the existing Agreement may not fully meet the future development needs of Our Games. Therefore, any privacy policy of Qooland Games and any applicable game rules and amendments thereto shall form an integral part of this Agreement, with equal legal effect as if such policies, rules and amendments thereto were set out in full herein.
III. Account
1. In order to access and use Our Games, the Company may make available a prepaid balance service (“Account Balance”). The Account Balance in relation to your Game Account may only be used to obtain certain products and services offered by the Company and the Company reserves the right to change, modify, or otherwise impose usage limits to your Account Balance at any time, in its sole discretion.
To access your Account Balance, you may be asked to provide registration details that are personal to you, such as your email address or any other personal accounts with third parties that are registered in your name (such as Facebook, Twitter, Instagram, Line, etc.). Such information is required for you to register for a Game Account (hereinafter referred to as “your Account”) that will be linked with your Account Balance and all such information you provide must be correct, current, and complete. Additionally, to play certain Games or use certain features offered by the Company in relation thereto, you may also be required to provide us with your personal payment information, such as your credit card details (any such payment information, a “Payment Method”). When you provide a Payment Method to the Company for use in connection with your Account, you represent to the Company that you are the authorized user of the Payment Method, and you authorize the Company to charge your Payment Method for any funds or other fees incurred by you in relation to your Account. If your use of the Account Balance is subject to any sales, value added or other taxes, then the Company may also charge you for those taxes. You are responsible for all uses of your Account Balance, including all applicable taxes and all purchases made by you or anyone else using your Account.
You agree that any personal information provided by you in connection with your Account may be used by the Company to identify you and/or your Account.
Account Balance funds do not constitute a personal property right and have no value outside the Game Services. Account Balance funds are non-transferable to another person or entity and do not accrue interest.
If, after investigation, the Company determines in its sole discretion that you misused the Account Balance, conducted unauthorized Account Balance transactions from another user’s Account Balance, or used the Account Balance to conduct any fraudulent or other illegal activity, the Company may take any actions it may deem appropriate in its sole discretion, including but not limited to: (i) issuing a warning; (ii) removing any involved proceeds from your Account; (iii) temporarily suspending or permanently terminating your Account and/or Account Balance, as applicable; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities; and (v) any such other actions set forth in any posted guidelines and rules applicable from time to time. In the event of any serious misuse, the Company reserves the right to pursue any legal action (whether in civil or criminal courts) as it deems necessary.
You acknowledge your Account Balance can only be used to obtain certain virtual items and services offered by us. Unless otherwise required by applicable laws or permitted by this Agreement, all purchases and redemptions of virtual items made through your Account Balance are final and non-refundable. The Account Balance may be terminated in accordance with the terms and conditions of this Agreement, when we cease providing the software, or this Agreement is otherwise terminated.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify the Company (via the contact information in the Game or on the official website of the Game) of any abnormal or unauthorized use of your user name or password or any other breach of security so that the Company can take measures necessary for the protection of your Account and password, including but not limited to suspending the login and use of your Account, and freezing your Account Balance and the consumption and transfer of virtual items in your Account. When taking any such restrictive measures, the Company has the right to ask you to provide your valid registration information and to verify the personal information you used for registration. Should you fail to provide your valid registration information, the Company has the right to refuse your request and will not be liable for any damages caused to you thereby. The damages to you or other users arising out of the restrictive measures taken by the Company at your request shall be solely borne by you.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Game Services through your Account. Users do not own their accounts, and gifting or otherwise transferring, lending or renting of accounts or access keys is prohibited, whether with or without consideration.
We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing on the rights of third parties or if you have been inactive for more than a year.
If you do not log in to your Account for 365 days, the Company has the right to irretrievably delete your Account and any data relating to Our Games thereunder (including but not limited to Game character, level, virtual items, etc.).
IV. Game Software License
The Company grants you a personal, non-commercial, non-exclusive, non-transferable and non-sublicensable license pursuant to the provisions in this Agreement. You may download and install the Games Software on a computer to the extent of the license specified in this Agreement, and run such software in accordance with the instructions as set out in the applicable Games Software.
You can only use Games Software for non-commercial purposes. Any commercial use without permission from the Company will constitute an infringement of the Company’s rights.
To ensure the security and optimize the features of the Game Software, the Company may update, modify and optimize Games Software or some or any of its features from time to time. After the new version of any Games Software is released, the previous version may no longer be available. Please download and install the latest version as soon as possible to avoid restricted use.
Under the circumstance that Game Software is in a “test period” or a “beta version” or other special circumstance, your access to Game Software may be subject to special rules, including but not limited to restricted time period or restricted number of users that access to the Game Software, We reserved rights to decide which users may have the privilege to access the Game Software under such circumstance and modify or delete the game data of users during such periods, and conduct irregular shutdown of the Game servers. If you purchase a license to use a virtual item or service during a test period or with a beta version, all purchases are subject to special rules. We will not provide you with a refund for your purchase of a virtual item or service, and in some cases, items or services purchased during a test period or beta version may not be able to transition to the official release version of a Game. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game Software are highly appreciated.
V. Game Service
1. Users agree that pricing for Games Services is solely determined by the Company. If you wish to access the Games Services, you shall pay in accordance with the then applicable pricing policies of the Company, details of which are available in the game mall, purchase interface, official Game website, etc. Please read carefully before purchasing. The Company has the right to change or adjust Game pricing as it deems necessary from time to time. You waive any right to require the Company to provide you with any compensation or indemnification due to changes or adjustments to Game pricings.
2. Game props, Game equipment, Game tokens, etc. (hereinafter referred to as “Game Virtual Items”) are part of the Games Service, and are at all times owned by the Company. Users are permitted to use the Game Virtual Items in accordance with the terms of this Agreement and any defined Game rules (if any). Game Virtual Items without a specific expiration date shall be made available by the Company to Users who may continue to use such Game Virtual Items until the applicable Games Services are terminated. For those Game Virtual Items with a specified expiration date, such date shall prevail, except where force majeure as defined in Section XI.2 (the “Force Majeure”) applies, and shall automatically expire on the relevant specified expiration date.
3. To provide better Games Service to users, the Company may need to make adjustment to the content of a Game. Such adjustment may involve the appearance, skills and value settings of Game characters, Game equipment and other Game props that may be made available to you. You understand and agree that such adjustments are a common practice in game operation and the Company shall not be held legally liable for any such adjustments.
4. All the data (except for your personal name, ID number, phone number and other personal private data) generated by you in your use of Our Games is owned by the Company. The Company has the right to store and manage such information and may provide access and rules for you to search, modify and discard such information as it solely deems fit.
5. Due to the non-interoperability between different operating systems or gaming environments, you may not be able to share your Account, Game data and top-up records between different operating systems. Any loss of top-up or Game data caused by your switching between different operating systems or gaming environments shall be at your own risk, and the Company shall not be held liable in relation thereto.
6. The Company may set a forced battle area or other gameplay area within a Game (such area, a “Game Area”). If you do not agree with such in-Game modification, you should not enter such Game Area. Once you click “Accept” or enter such Game Area, you are deemed to agree to any rules applicable to such Game Area gameplay and accept all outcomes therefrom.
7. You shall not record, display, copy, spread or play the content or images of any Games Services through third-party software, websites or platforms in whole or in part during your use of the Games Services for commercial purpose without the express prior written consent of the Company.
8. During your use of the Games Services, there may be Game data exceptions due to software bugs, version defects, third-party virus attacks or inappropriate conduct as described in Section VI. The Company will investigate the cause if such data exceptions happen and reserves the right to freeze your Account and/or Account Balance or Game role during the investigation. If the data exceptions are caused by abnormal Game behaviors, the Company may restore the Game data to a state that preceded the occurrence of the abnormality.
9. To ensure the normal operation of the game server, the Company needs to conduct server downtime for regular maintenance and/or emergency maintenance, as applicable. You understand and agree that the Company shall not be held legally liable for any interruption or stoppage of Games Services resulting from any maintenance downtime. The Company reserves the right to terminate or partially terminate the operation of any Games Services as it may in its sole discretion deem necessary and will deal with the termination of such Games Services in accordance with applicable laws.
VI. Code of Conduct for Users
1. You may not engage in any of the following acts without obtaining the Company’s express prior written consent and must otherwise comply with all applicable laws in relation thereto:
(1) Reverse engineering, reverse assembly, reverse compiling or otherwise attempting to obtain the source code of any Games Software, or cracking or modifying the Games Software programs;
(2) Producing, publishing, distributing or using any form of cheating tools or programs that hinder the fairness of any Game. Such cheating tools or programs include those that: (i) copy, modify, add, delete, hook or create any derivative works; or (ii) modify the function or operational effect of any Games Software or (A) data released into the memory of any terminal during the operation of any Games Software; (B) interaction data between the client and the server; or (C) system data necessary for the Games Software to run, including in all cases but not limited to: plug-ins, add-ons, unauthorized third-party software, systems, etc. Since such cheating tools may be concealed or disappear after use, you understand and agree that the Company may use monitoring tools and behavior data in the Games Software to help determine whether illegal plug-ins or other cheating tools are being used;
(3) Using network accelerators, auxiliary plug-ins, robot programs or game synchronizers that maliciously disrupt service facilities, service rules, or the balance and fairness of Our Games;
(4) Scanning, probing, and testing the Games Software to detect, discover, and find out possible vulnerabilities or bugs, exploiting such vulnerabilities and bugs to disrupt the normal operation of a Game and gain illegitimate benefits, or disseminating such vulnerabilities or bugs;
(5) Attacking or intruding into the Games Software server or the Company’s web server, causing the server to be overloaded and resulting in irregular operation;
(6) Using, renting, lending, copying, modifying, linking, reproducing, compiling, publishing, and distributing Our Games and all or any part of any Game beyond the scope of this Agreement;
(7) Removing or amending any patent notice, copyright notice or other intellectual property information from any Game; or
(8) Other acts that are not expressly authorized by the Company.
2. You shall not engage in the following inappropriate game behaviors while using any Games Service and the Company reserves the right to report any such behavior, if potential criminal, to relevant authorities for criminal prosecution:
(1) Posting and disseminating illegal speech or inappropriate information, including but not limited to behaviors such as posting indecent speech, advertising information, promotion of plug-ins, viruses, boosting, offline transactions or other such information in any Game;
(2) Using or providing inappropriate content via our Games including but not limited to content that is unlawful, tortious, defamatory, obscene, sexually explicit, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate which may prevent any other person from using or enjoying the Game or may expose our users or us to any harm or liability. The Company may remove any User Content (as defined in Section VII.2. below) and any related content or elements from any Games Service at its sole discretion;
(3) Stealing others’ Game Accounts, Game Virtual Items and player personal data, assisting hackers to operate and transfer Game Virtual Items, etc.; purchasing or obtaining Game Accounts or Game Virtual Items that have been obtained through hacked accounts;
(4) Pretending to represent the Company or other third parties in order to defraud users of Game Virtual Items or any other property;
(5) Taking advantage of the platform policies or vulnerabilities to maliciously request a refund for unreasonable reasons, illegally possess or use the top-up items or profit from them after topping up;
(6) Trading Game Virtual Items or Game Accounts, Game virtual currencies or Game equipment, Game coins and other Game props on trading platforms that are not approved by the Company;
(8) Disclosing real-life information of other players or our employees without permission;
(9) Violating the applicable laws of the jurisdiction where you are located when visiting or using Our Games, including but not limited to the promotion of or participation in gambling and violence; or
(10) Other inappropriate behaviors.
VII. Intellectual Property and Other Rights
1. The Company retain all rights, including ownership rights, intellectual property rights and others, to the Games Software, Games Services and all related materials (including but not limited to your Account and other account patterns, product names and service names). You can only use our copyright or trademark (or any similar marks) as expressly permitted by our advance written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
2. While the Company welcomes your comments and feedback regarding its products and services, the Company does not accept or consider any materials for use in any of its products or services which have not been specifically requested by us. In the event that you post or upload any content to Our Games (“User Content”), including but not limited to any of Our Game-related forums, you understand and agree to the following terms:
You hereby grant to the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, make publicly available, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Company’s products or services, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and the Company. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party.
3. You may terminate this license at any time by deleting your contents or Account. However, for technical reasons, the contents you delete may be retained as backups for a limited time (although such contents are invisible to other Users). In addition, if you have previously shared such contents with another party and the other party has not deleted them, such contents may continue to appear.
VIII. Privacy Policy
1. To provide these services, we must collect and use your personal data. We detail our practices in the Privacy Policy.
IX. Governing Laws and Dispute Resolution
This Agreement shall be governed by, and will be construed under, the laws of Singapore, without regard to the principles of conflict of laws, and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.
You and the Company agree that any disputes relating in any way to or arising under or out of your use of Our Games or this Agreement shall first be negotiated in good faith informally for at least thirty (30) days before either party initiates any legal proceeding.
Negotiations will begin upon receipt of written notice by the party raising a dispute. The Company will send its notice to your billing address and e-mail you a copy to the e-mail address you have provided to us. You will send your notice via the contact information in each related Game or on the official website of such Game.
If a dispute cannot be resolved through negotiations, either you or the Company may elect to have the dispute (except as set forth in Section 11 below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and the Company’s ability to litigate claims in court and you and the Company each agree to waive your respective rights to a jury trial.
The arbitration will be held by Singapore International Arbitration Centre (“SIAC”) . You hereby consent to personal jurisdiction and venue in SIAC.
The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a dispute is subject to arbitration. The arbitrator has authority to decide all issues of arbitrability, including where a party raises as a defense to arbitration that the claims in question are subject to one or more Exceptions to Negotiations and Arbitration in Section 11, below.
Your arbitration fees and your share of arbitrator compensation shall be governed by the Singapore Arbitration Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and the Company, and any award of the arbitrator may be entered in any court of competent jurisdiction.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. However, the arbitrator shall shift such fees and costs to ensure that you do not pay significant forum fees. In addition, you shall not be required to pay any type of fee or cost in arbitration that you would not have had to pay had you been free to file your claim in court. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.
CLASS AND COLLECTIVE ACTION WAIVER.
You and the Company agree that any arbitration or court proceeding shall be limited to the dispute between the Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
a. A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND THE COMPANY;
b. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
c. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future dispute will be submitted to a court of competent jurisdiction within Singapore, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or the Company agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.
X. Breach and Indemnification
In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use Our Games; and (iv) taking legal action against you or disclosing relevant information to law enforcement authorities.
You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
XI. Limitation of Liability
The Company shall make reasonable efforts to improve and upgrade the Games Services, but the Games Services are made available to you only on an “as is” basis. To the extent permitted by law, we do not provide any type of warranties, whether express or implied. For example, we cannot predict when issues might arise with our Games Services; therefore, we do not warrant the following: Games Services will surely meet your requirements, the Games Services will not be interrupted, the Games Services will be timely, safe and authentic, or the Games Services will not go wrong. Our liability shall be limited to the extent permitted by applicable law, and under no circumstances will the Company be liable to you for any lost profits, lost revenues, loss of information or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to this Agreement, even if we have been advised of the possibility of such damages.
The Company shall not be liable for the losses caused by Force Majeure factors such as malfunctions, technical defects, coverage limitations, unavoidable factors, computer viruses, hacker attacks, etc. of the telecommunication networks of the basic telecommunication operators involved in the Games Services hereunder.
XII. Miscellaneous Terms
This Agreement and other policies or rules issued constitute the entire agreement between you and the Company regarding your use of the Games Services. When you use any of Our Games or participate in the Games Services or any other service we provide, you agree and acknowledge that you are bound by all such agreements and policies.
Some of the products or services we offer are also governed by other agreements or terms. If you use any of those products or services, such agreements or terms will be made available and will become part of our agreement with you.
If any part of this Agreement is deemed to be unenforceable, the validity of the remaining parts shall not be affected. Our failure to enforce any part of this Agreement shall not be deemed as a waiver of our rights. Any amendment to or waiver of this Agreement shall be in writing and shall be published by us.
Without our consent, you shall not transfer any of your rights or obligations under this Agreement to anyone else.
This Agreement does not confer any third-party beneficiary rights to any User. We reserve the right to freely transfer all our rights and obligations under these terms for mergers, acquisitions, sale of assets or enforcement of laws or otherwise.
Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, shall do so, regardless of the manner or cause of termination.
No waiver by either Party of a breach or omission by the other Party under this Agreement shall be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party shall not affect or impair the rights of the waiving Party in respect of any subsequent breach or omission of the same or different kind.
If you have any further questions this Agreement, please contact us via the contact information in the Game or on the official website of the Game.
YOU SHOULD CAREFULLY READ THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) BEFORE INSTALLING OR USING OUR GAMES (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS ANY OF OUR GAMES. YOU ALSO CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
Thank you for your interest in our online games and related services. This Agreement is entered into by and between you and QOOLAND PTE. LTD. (hereinafter referred to as “we”, “us”, “our”, “the Company”, or “Qooland Games”) in relation to our online games and any related services (hereinafter referred to collectively as “Our Games”, and each, a “Game”). You agree that by accessing and/or playing any of Our Games, you are bound by this Agreement. In addition, when using any of Our Games, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time.
Subject to the laws of your country of residence, minor children with limited capacity or with incapacity may also utilize a game account established in relation to Our Games (a “Game Account”) by their parent or legal guardian. If you are a minor, you shall ask your parent (or your legal guardian) to read, understand and agree to comply with this Agreement before your use of any of Our Games.
We may need to update or modify this Agreement from time to time to accurately reflect our services and reserve the right to do so without your express prior consent. Unless otherwise required by law, we will notify you before we make any substantial changes to this Agreement that could affect your rights so that you have the opportunity to review any such changes before they take effect (such notice setting out any changes or modifications to this Agreement, a “Change Notice”). However, once any updated terms are made effective by the passage of time set out in such Change Notice, or if no time is stipulated, by the elapse of a reasonable period of time, you will be bound by all such changes and modifications to this Agreement should you continue to use Our Games. We hope that you will continue to use Our Games, but if you do not accept our updated terms and no longer want to use Our Games, you may delete your Game Account at any time. Your continued use of Our Games after any change or modification to this Agreement means that you (and, if applicable, your parent or legal guardian) have read, understand and agree to any changes or modifications to this Agreement.
PLEASE NOTE THAT THE SECTION BELOW TITLED “GOVERNING LAWS AND DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM IN FULL.
I. Definitions
Unless otherwise defined herein (including in the IMPORTANT NOTICE section above) or the context otherwise requires, the following terms have the definitions set out below:
1. Games Software means the game software provided by us in relation to Our Games, along with all updates, patches, and expansions, etc. of such game software, and may also include web servers, websites (including but not limited to the official website or BBS relating to such Game) or electronic documents related to such game software.
2. Games Services means, in relation to a Game, the Games Software applicable to such Game together with all related online operation services offered by us in relation thereto.
3. You, also referred to as “Player” or “User”, means a natural person who is authorized to use Games Software or who accepts Games Services through legal means and for non-commercial purposes.
II. Scope of Agreement
1. This Agreement is entered into by and between you and the Company in relation to Our Games.
2. The terms and conditions set out in this Agreement may not fully include and cover all of your rights and obligations with respect to Our Games, and the existing Agreement may not fully meet the future development needs of Our Games. Therefore, any privacy policy of Qooland Games and any applicable game rules and amendments thereto shall form an integral part of this Agreement, with equal legal effect as if such policies, rules and amendments thereto were set out in full herein.
III. Account
1. In order to access and use Our Games, the Company may make available a prepaid balance service (“Account Balance”). The Account Balance in relation to your Game Account may only be used to obtain certain products and services offered by the Company and the Company reserves the right to change, modify, or otherwise impose usage limits to your Account Balance at any time, in its sole discretion.
To access your Account Balance, you may be asked to provide registration details that are personal to you, such as your email address or any other personal accounts with third parties that are registered in your name (such as Facebook, Twitter, Instagram, Line, etc.). Such information is required for you to register for a Game Account (hereinafter referred to as “your Account”) that will be linked with your Account Balance and all such information you provide must be correct, current, and complete. Additionally, to play certain Games or use certain features offered by the Company in relation thereto, you may also be required to provide us with your personal payment information, such as your credit card details (any such payment information, a “Payment Method”). When you provide a Payment Method to the Company for use in connection with your Account, you represent to the Company that you are the authorized user of the Payment Method, and you authorize the Company to charge your Payment Method for any funds or other fees incurred by you in relation to your Account. If your use of the Account Balance is subject to any sales, value added or other taxes, then the Company may also charge you for those taxes. You are responsible for all uses of your Account Balance, including all applicable taxes and all purchases made by you or anyone else using your Account.
You agree that any personal information provided by you in connection with your Account may be used by the Company to identify you and/or your Account.
Account Balance funds do not constitute a personal property right and have no value outside the Game Services. Account Balance funds are non-transferable to another person or entity and do not accrue interest.
If, after investigation, the Company determines in its sole discretion that you misused the Account Balance, conducted unauthorized Account Balance transactions from another user’s Account Balance, or used the Account Balance to conduct any fraudulent or other illegal activity, the Company may take any actions it may deem appropriate in its sole discretion, including but not limited to: (i) issuing a warning; (ii) removing any involved proceeds from your Account; (iii) temporarily suspending or permanently terminating your Account and/or Account Balance, as applicable; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities; and (v) any such other actions set forth in any posted guidelines and rules applicable from time to time. In the event of any serious misuse, the Company reserves the right to pursue any legal action (whether in civil or criminal courts) as it deems necessary.
You acknowledge your Account Balance can only be used to obtain certain virtual items and services offered by us. Unless otherwise required by applicable laws or permitted by this Agreement, all purchases and redemptions of virtual items made through your Account Balance are final and non-refundable. The Account Balance may be terminated in accordance with the terms and conditions of this Agreement, when we cease providing the software, or this Agreement is otherwise terminated.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify the Company (via the contact information in the Game or on the official website of the Game) of any abnormal or unauthorized use of your user name or password or any other breach of security so that the Company can take measures necessary for the protection of your Account and password, including but not limited to suspending the login and use of your Account, and freezing your Account Balance and the consumption and transfer of virtual items in your Account. When taking any such restrictive measures, the Company has the right to ask you to provide your valid registration information and to verify the personal information you used for registration. Should you fail to provide your valid registration information, the Company has the right to refuse your request and will not be liable for any damages caused to you thereby. The damages to you or other users arising out of the restrictive measures taken by the Company at your request shall be solely borne by you.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Game Services through your Account. Users do not own their accounts, and gifting or otherwise transferring, lending or renting of accounts or access keys is prohibited, whether with or without consideration.
We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing on the rights of third parties or if you have been inactive for more than a year.
If you do not log in to your Account for 365 days, the Company has the right to irretrievably delete your Account and any data relating to Our Games thereunder (including but not limited to Game character, level, virtual items, etc.).
IV. Game Software License
The Company grants you a personal, non-commercial, non-exclusive, non-transferable and non-sublicensable license pursuant to the provisions in this Agreement. You may download and install the Games Software on a computer to the extent of the license specified in this Agreement, and run such software in accordance with the instructions as set out in the applicable Games Software.
You can only use Games Software for non-commercial purposes. Any commercial use without permission from the Company will constitute an infringement of the Company’s rights.
To ensure the security and optimize the features of the Game Software, the Company may update, modify and optimize Games Software or some or any of its features from time to time. After the new version of any Games Software is released, the previous version may no longer be available. Please download and install the latest version as soon as possible to avoid restricted use.
Under the circumstance that Game Software is in a “test period” or a “beta version” or other special circumstance, your access to Game Software may be subject to special rules, including but not limited to restricted time period or restricted number of users that access to the Game Software, We reserved rights to decide which users may have the privilege to access the Game Software under such circumstance and modify or delete the game data of users during such periods, and conduct irregular shutdown of the Game servers. If you purchase a license to use a virtual item or service during a test period or with a beta version, all purchases are subject to special rules. We will not provide you with a refund for your purchase of a virtual item or service, and in some cases, items or services purchased during a test period or beta version may not be able to transition to the official release version of a Game. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game Software are highly appreciated.
V. Game Service
1. Users agree that pricing for Games Services is solely determined by the Company. If you wish to access the Games Services, you shall pay in accordance with the then applicable pricing policies of the Company, details of which are available in the game mall, purchase interface, official Game website, etc. Please read carefully before purchasing. The Company has the right to change or adjust Game pricing as it deems necessary from time to time. You waive any right to require the Company to provide you with any compensation or indemnification due to changes or adjustments to Game pricings.
2. Game props, Game equipment, Game tokens, etc. (hereinafter referred to as “Game Virtual Items”) are part of the Games Service, and are at all times owned by the Company. Users are permitted to use the Game Virtual Items in accordance with the terms of this Agreement and any defined Game rules (if any). Game Virtual Items without a specific expiration date shall be made available by the Company to Users who may continue to use such Game Virtual Items until the applicable Games Services are terminated. For those Game Virtual Items with a specified expiration date, such date shall prevail, except where force majeure as defined in Section XI.2 (the “Force Majeure”) applies, and shall automatically expire on the relevant specified expiration date.
3. To provide better Games Service to users, the Company may need to make adjustment to the content of a Game. Such adjustment may involve the appearance, skills and value settings of Game characters, Game equipment and other Game props that may be made available to you. You understand and agree that such adjustments are a common practice in game operation and the Company shall not be held legally liable for any such adjustments.
4. All the data (except for your personal name, ID number, phone number and other personal private data) generated by you in your use of Our Games is owned by the Company. The Company has the right to store and manage such information and may provide access and rules for you to search, modify and discard such information as it solely deems fit.
5. Due to the non-interoperability between different operating systems or gaming environments, you may not be able to share your Account, Game data and top-up records between different operating systems. Any loss of top-up or Game data caused by your switching between different operating systems or gaming environments shall be at your own risk, and the Company shall not be held liable in relation thereto.
6. The Company may set a forced battle area or other gameplay area within a Game (such area, a “Game Area”). If you do not agree with such in-Game modification, you should not enter such Game Area. Once you click “Accept” or enter such Game Area, you are deemed to agree to any rules applicable to such Game Area gameplay and accept all outcomes therefrom.
7. You shall not record, display, copy, spread or play the content or images of any Games Services through third-party software, websites or platforms in whole or in part during your use of the Games Services for commercial purpose without the express prior written consent of the Company.
8. During your use of the Games Services, there may be Game data exceptions due to software bugs, version defects, third-party virus attacks or inappropriate conduct as described in Section VI. The Company will investigate the cause if such data exceptions happen and reserves the right to freeze your Account and/or Account Balance or Game role during the investigation. If the data exceptions are caused by abnormal Game behaviors, the Company may restore the Game data to a state that preceded the occurrence of the abnormality.
9. To ensure the normal operation of the game server, the Company needs to conduct server downtime for regular maintenance and/or emergency maintenance, as applicable. You understand and agree that the Company shall not be held legally liable for any interruption or stoppage of Games Services resulting from any maintenance downtime. The Company reserves the right to terminate or partially terminate the operation of any Games Services as it may in its sole discretion deem necessary and will deal with the termination of such Games Services in accordance with applicable laws.
VI. Code of Conduct for Users
1. You may not engage in any of the following acts without obtaining the Company’s express prior written consent and must otherwise comply with all applicable laws in relation thereto:
(1) Reverse engineering, reverse assembly, reverse compiling or otherwise attempting to obtain the source code of any Games Software, or cracking or modifying the Games Software programs;
(2) Producing, publishing, distributing or using any form of cheating tools or programs that hinder the fairness of any Game. Such cheating tools or programs include those that: (i) copy, modify, add, delete, hook or create any derivative works; or (ii) modify the function or operational effect of any Games Software or (A) data released into the memory of any terminal during the operation of any Games Software; (B) interaction data between the client and the server; or (C) system data necessary for the Games Software to run, including in all cases but not limited to: plug-ins, add-ons, unauthorized third-party software, systems, etc. Since such cheating tools may be concealed or disappear after use, you understand and agree that the Company may use monitoring tools and behavior data in the Games Software to help determine whether illegal plug-ins or other cheating tools are being used;
(3) Using network accelerators, auxiliary plug-ins, robot programs or game synchronizers that maliciously disrupt service facilities, service rules, or the balance and fairness of Our Games;
(4) Scanning, probing, and testing the Games Software to detect, discover, and find out possible vulnerabilities or bugs, exploiting such vulnerabilities and bugs to disrupt the normal operation of a Game and gain illegitimate benefits, or disseminating such vulnerabilities or bugs;
(5) Attacking or intruding into the Games Software server or the Company’s web server, causing the server to be overloaded and resulting in irregular operation;
(6) Using, renting, lending, copying, modifying, linking, reproducing, compiling, publishing, and distributing Our Games and all or any part of any Game beyond the scope of this Agreement;
(7) Removing or amending any patent notice, copyright notice or other intellectual property information from any Game; or
(8) Other acts that are not expressly authorized by the Company.
2. You shall not engage in the following inappropriate game behaviors while using any Games Service and the Company reserves the right to report any such behavior, if potential criminal, to relevant authorities for criminal prosecution:
(1) Posting and disseminating illegal speech or inappropriate information, including but not limited to behaviors such as posting indecent speech, advertising information, promotion of plug-ins, viruses, boosting, offline transactions or other such information in any Game;
(2) Using or providing inappropriate content via our Games including but not limited to content that is unlawful, tortious, defamatory, obscene, sexually explicit, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate which may prevent any other person from using or enjoying the Game or may expose our users or us to any harm or liability. The Company may remove any User Content (as defined in Section VII.2. below) and any related content or elements from any Games Service at its sole discretion;
(3) Stealing others’ Game Accounts, Game Virtual Items and player personal data, assisting hackers to operate and transfer Game Virtual Items, etc.; purchasing or obtaining Game Accounts or Game Virtual Items that have been obtained through hacked accounts;
(4) Pretending to represent the Company or other third parties in order to defraud users of Game Virtual Items or any other property;
(5) Taking advantage of the platform policies or vulnerabilities to maliciously request a refund for unreasonable reasons, illegally possess or use the top-up items or profit from them after topping up;
(6) Trading Game Virtual Items or Game Accounts, Game virtual currencies or Game equipment, Game coins and other Game props on trading platforms that are not approved by the Company;
(8) Disclosing real-life information of other players or our employees without permission;
(9) Violating the applicable laws of the jurisdiction where you are located when visiting or using Our Games, including but not limited to the promotion of or participation in gambling and violence; or
(10) Other inappropriate behaviors.
VII. Intellectual Property and Other Rights
1. The Company retain all rights, including ownership rights, intellectual property rights and others, to the Games Software, Games Services and all related materials (including but not limited to your Account and other account patterns, product names and service names). You can only use our copyright or trademark (or any similar marks) as expressly permitted by our advance written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
2. While the Company welcomes your comments and feedback regarding its products and services, the Company does not accept or consider any materials for use in any of its products or services which have not been specifically requested by us. In the event that you post or upload any content to Our Games (“User Content”), including but not limited to any of Our Game-related forums, you understand and agree to the following terms:
You hereby grant to the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, make publicly available, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Company’s products or services, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and the Company. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party.
3. You may terminate this license at any time by deleting your contents or Account. However, for technical reasons, the contents you delete may be retained as backups for a limited time (although such contents are invisible to other Users). In addition, if you have previously shared such contents with another party and the other party has not deleted them, such contents may continue to appear.
VIII. Privacy Policy
1. To provide these services, we must collect and use your personal data. We detail our practices in the Privacy Policy.
IX. Governing Laws and Dispute Resolution
This Agreement shall be governed by, and will be construed under, the laws of Singapore, without regard to the principles of conflict of laws, and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.
You and the Company agree that any disputes relating in any way to or arising under or out of your use of Our Games or this Agreement shall first be negotiated in good faith informally for at least thirty (30) days before either party initiates any legal proceeding.
Negotiations will begin upon receipt of written notice by the party raising a dispute. The Company will send its notice to your billing address and e-mail you a copy to the e-mail address you have provided to us. You will send your notice via the contact information in each related Game or on the official website of such Game.
If a dispute cannot be resolved through negotiations, either you or the Company may elect to have the dispute (except as set forth in Section 11 below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and the Company’s ability to litigate claims in court and you and the Company each agree to waive your respective rights to a jury trial.
The arbitration will be held by Singapore International Arbitration Centre (“SIAC”) . You hereby consent to personal jurisdiction and venue in SIAC.
The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a dispute is subject to arbitration. The arbitrator has authority to decide all issues of arbitrability, including where a party raises as a defense to arbitration that the claims in question are subject to one or more Exceptions to Negotiations and Arbitration in Section 11, below.
Your arbitration fees and your share of arbitrator compensation shall be governed by the Singapore Arbitration Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and the Company, and any award of the arbitrator may be entered in any court of competent jurisdiction.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. However, the arbitrator shall shift such fees and costs to ensure that you do not pay significant forum fees. In addition, you shall not be required to pay any type of fee or cost in arbitration that you would not have had to pay had you been free to file your claim in court. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.
CLASS AND COLLECTIVE ACTION WAIVER.
You and the Company agree that any arbitration or court proceeding shall be limited to the dispute between the Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
a. A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND THE COMPANY;
b. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
c. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future dispute will be submitted to a court of competent jurisdiction within Singapore, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or the Company agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.
X. Breach and Indemnification
In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use Our Games; and (iv) taking legal action against you or disclosing relevant information to law enforcement authorities.
You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
XI. Limitation of Liability
The Company shall make reasonable efforts to improve and upgrade the Games Services, but the Games Services are made available to you only on an “as is” basis. To the extent permitted by law, we do not provide any type of warranties, whether express or implied. For example, we cannot predict when issues might arise with our Games Services; therefore, we do not warrant the following: Games Services will surely meet your requirements, the Games Services will not be interrupted, the Games Services will be timely, safe and authentic, or the Games Services will not go wrong. Our liability shall be limited to the extent permitted by applicable law, and under no circumstances will the Company be liable to you for any lost profits, lost revenues, loss of information or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to this Agreement, even if we have been advised of the possibility of such damages.
The Company shall not be liable for the losses caused by Force Majeure factors such as malfunctions, technical defects, coverage limitations, unavoidable factors, computer viruses, hacker attacks, etc. of the telecommunication networks of the basic telecommunication operators involved in the Games Services hereunder.
XII. Miscellaneous Terms
This Agreement and other policies or rules issued constitute the entire agreement between you and the Company regarding your use of the Games Services. When you use any of Our Games or participate in the Games Services or any other service we provide, you agree and acknowledge that you are bound by all such agreements and policies.
Some of the products or services we offer are also governed by other agreements or terms. If you use any of those products or services, such agreements or terms will be made available and will become part of our agreement with you.
If any part of this Agreement is deemed to be unenforceable, the validity of the remaining parts shall not be affected. Our failure to enforce any part of this Agreement shall not be deemed as a waiver of our rights. Any amendment to or waiver of this Agreement shall be in writing and shall be published by us.
Without our consent, you shall not transfer any of your rights or obligations under this Agreement to anyone else.
This Agreement does not confer any third-party beneficiary rights to any User. We reserve the right to freely transfer all our rights and obligations under these terms for mergers, acquisitions, sale of assets or enforcement of laws or otherwise.
Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, shall do so, regardless of the manner or cause of termination.
No waiver by either Party of a breach or omission by the other Party under this Agreement shall be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party shall not affect or impair the rights of the waiving Party in respect of any subsequent breach or omission of the same or different kind.
If you have any further questions this Agreement, please contact us via the contact information in the Game or on the official website of the Game.