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PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.
This Terms of Service ("Agreement") is a legally binding agreement between GIANT INTERACTIVE HK LIMITED ("GIANT," "we," "our," or "us") and you ("you" or "User"). This Agreement governs your use of or access to GIANT Game(s), our online website, any game-specific site, software systems, customer support, social media, community channels and/or any other online services provided by GIANT and by any of our authorized third party (collectively the "GIANT Services"), whether as a guest or a Registered User (as defined below).
In particular, we draw your attention to some important terms in this Agreement. By accepting this Agreement:
·You agree to GIANT rules and policies that are expressly incorporated into this Agreement, including our Privacy Policy, which explains what Information we collect from you and how we protect it.
·You agree that you use the GIANT Services at your own risk, and that GIANT's liability to you is limited as set forth in Section 12 below.
·You agree to resolve disputes between you and GIANT in individual arbitration, and not in court, as set forth in Sections 19 and 19A below. We have put this up front, bold, and in all caps due to its importance:
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTIONS 19 AND 19A BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFICALLY DESCRIBED IN THOSE SECTIONS, YOU AND GIANT AGREE TO RESOLVE DISPUTES BY BINDING, INDIVIDUAL ARBITRATION, AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. YOU AND GIANT FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER, AS EXPLAINED IN SECTIONS 19 AND 19A BELOW.
·You agree that to enter into this Agreement, you are an adult of legal age of majority in your country of residence, and you are legally and financially responsible for all actions using or accessing the GIANT Services. BY ACCEPTING THIS AGREEMENT, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS GOVERNING DISPUTE RESOLUTION CONTAINED IN SECTIONS 19 AND 19A.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
"GIANT Game(s)" refer to any game(s) that GIANT has launched or in the future will launch, or any of its game(s) during the test process.
GIANT Game(s) include but are not limited to the software of GIANT Game(s) (including but not limited to the whole game software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by GIANT under this Agreement, and/or any copy of the foregoing.
Please note the software of GIANT Game(s) may contain Cheat Detection software or features. "Cheat Detection" means functionality intended to identify Cheats. "Cheats" means programs, methods, processes or other programs with software or hardware on any formats that may give Users an unfair competitive advantage within GIANT Game(s).
If you do not agree to install the Cheat Detection software or at any time remove or disable the Cheat Detection features, alone or make combination with GIANT Game(s), the license granted to you under this Agreement automatically terminates and you should immediately stop accessing any of the GIANT Services.
Please note that the GIANT Game(s) with the Cheat Detection software therein may collect and transmit details about your account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that GIANT may exercise part or all of its rights hereunder. You confirm that, by installing, copying, running or otherwise using the GIANT Game(s), you agree to be bound by this Agreement.
By making a registration or application for a GIANT Account, downloading the software of GIANT Game(s), playing the GIANT Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing any services provided by GIANT, you are deemed to have read, understood, and accepted all the terms of this Agreement.
GIANT reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the GIANT Services shall constitute your acceptance to be bound by the newly updated Agreement.
IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, PLEASE DO NOT, EITHER DIRECTLY OR INDIRECTLY, USE OR ACCESS TO THE GIANT SERVICES IN ANY WAY.
GIANT Account
a. You may be required to register or have a GIANT Account ("Account") in order to use the GIANT Services.
To create an Account, you will be required to register as a User and accept the GIANT Account Terms of Service. If you do not accept those terms, you will not be able to create an Account.
b. You may establish an Account only if you are a natural person and an adult in your country of residence, and you are not an individual specifically prohibited by us from using the GIANT Services.
When you have successfully created an Account, as a registered user ("User" or "Registered User"), you need to create a username ("Nickname") to be used during your game play. You acknowledge and agree not to use a Nickname which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable Nickname if, in our discretion, we consider that your Nickname (or its use) is offensive or otherwise breaches the agreement terms in any way.
c. By creating a GIANT Account, you agree that you will:
(i) provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process ("Personal Data"); and
(ii) maintain and promptly update your Personal Data and keep your Personal Data accurate, up to date, and complete.
d. You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as above the legal age of majority) when using the GIANT Services.
e. You agree to provide accurate and complete registration information, and you are not suggested to create a Nickname that reflects your real name or other Personal Data.
f. You shall be responsible for keeping your Account secure and confidential (including but not limited to email address, passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all actions performed, using, or accessing the GIANT Services through your Account, whether or not authorized by you.
g. Each Account is unique and important to each User. You shall neither transfer or otherwise make your Account information available to third parties, nor use other User(s)' Account(s) at any time. If you sell your Account or other related information, GIANT reserves the right to take action, including but not limited to the right to terminate your Account immediately without any refund.
h. We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with this Agreement. If your Account is so terminated, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your usership or Account, please contact our support service, and we may terminate it as soon as reasonably practical after receiving your termination request.
i. You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access your Account, you may not claim compensation from GIANT. In the event of theft, unauthorized use or any other security breach pertaining to your Account, it is your responsibility to notify GIANT immediately.
License Grant & License Conditions
License Grant
GIANT grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right to install and use the GIANT Game(s) software on devices you legally own or control, solely for your personal entertainment and non-commercial purpose (the "License"). The rights granted to you by GIANT under this License are subject to the terms of this Agreement and you may make use of the License only if you comply with all applicable terms. The License becomes effective on the date that you accept this Agreement.
By accepting this Agreement, you understand and acknowledge that the GIANT Game(s) software is licensed, not sold to you, under the License, and furthermore that the License does not grant you any title or ownership in the GIANT Game(s) software.
License Conditions
a. You acknowledge and agree that your use of the GIANT Services is also governed by the Privacy Policy which may be amended from time to time by GIANT in its sole discretion. You acknowledge and agree that the Privacy Policy is at all times incorporated and forms a part of this Agreement.
b. You acknowledge and agree that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the GIANT Services:
i. Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of GIANT or third parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
v. Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license, sublicense or otherwise use whole or part of GIANT Services and related contents, information, element for a commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the GIANT Services;
viii. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the GIANT Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
ix. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third parties to do any of the above.
c. You further acknowledge and agree that your use of the GIANT Services shall comply with any applicable laws or local regulations, and that you will immediately stop using or accessing the GIANT Services when local laws or local regulations so require.
d. Except as expressly authorized under this Agreement, you may not copy the GIANT Services in whole or part or any accompanying materials therein. Because the GIANT Services contain our proprietary information, you agree: (i) to hold in the strictest confidence all code and any technical elements of the GIANT Services, ii) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (iii) subject to all applicable law (including US Copyright law and DMCA), not to make use of the GIANT Services except for your individual enjoyment and non-commercial purpose.
e. Except expressly authorized herein, any use of the GIANT Services in whole or part, without our prior written consent, is strictly prohibited and the License granted herein will be terminated. GIANT expressly reserves the right to deny anyone access to the GIANT Services at any time for any reason without prior notice. You further agree that GIANT, without any liability, shall be entitled to suspend or terminate providing any of the GIANT Services or change the provided content at any time for any reason without prior notice.
f. GIANT reserves the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While GIANT reserves the right to take action upon being alerted or informed of inappropriate game play or communications between Users made in connection with their access or use of the GIANT Services, you are solely responsible for any interactions with other Users. By using the GIANT Services, you acknowledge and accept that at any time there may be language or material accessible on or through the GIANT Services that may be inappropriate for children and/or offensive to Users of any age, race, religion, gender. You agree that under no circumstances shall GIANT be liable for any inappropriate User behavior or language. If GIANT determines in its sole discretion that any inappropriate User behavior or language was made or communicated from your Account, GIANT reserves the right to suspend or terminate your access to the GIANT Services and/or to take other enforcement actions as GIANT deems necessary to safeguard its rights.
g. You further agree that GIANT is not liable for the behavior of any other Users or third parties, including but not limited to any third-parties’ websites or services linked on or through the GIANT Services.
User Contributions
a. The GIANT Services may contain various websites, forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through the GIANT Services ("User Contributions"), including but not limited to any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or other materials appearing on or transmitted to or from the GIANT Services. GIANT has no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit, and/or remove any or all User Contributions that are objectionable or inappropriate at any time without prior notice. GIANT may also at any time terminate or suspend your access to any of the User Contributions for any reason and without prior notice.
b. Any of the User Contributions may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for your own behavior when using the GIANT Services, including but not limited to any User Contributions posted by you. You also acknowledge and confirm that under no circumstance, shall GIANT be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by GIANT.
c. You acknowledge and agree that when you use the GIANT Services, you have no expectation that your User Contributions will be private and GIANT may disclose your User Contributions for any reason without prior notice.
d. Any User Contributions that you post will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally grant GIANT a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Contributions for any reason, including our exercise of the rights you grant to us in this section and that we are not obligated to exercise such granted rights. You also grant all other Users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through the GIANT Service without prior notice, attribution or compensation to you. Except to the extent 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 worldwide.
e. You represent and warrant that the User Contributions:
(i) are accurate and not fraudulent or deceptive;
(ii) do not violate any rights or interests (including but not limited to intellectual property rights) of GIANT and/or third parties. You understand that User Contributions may be copied by other Users and discussed within or outside of the GIANT Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that GIANT takes no responsibility and assumes no liability for any content posted by you or any third parties.
f. We cannot guarantee that you will not encounter content that you consider offensive or otherwise inappropriate, and we accept no liability for any failure to remove (or delay in removing) any such content. You may, however, make complaints by accessing our support service.
Use of Account by Minors
a. The application of this section is subject to the prevailing laws, regulations and all other policy(s) relating to the protection of minors in your country(s)/region(s) of residency, where applicable.
b. You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as above the legal age of majority) when using the GIANT Services.
c. To enter into this Agreement, you must be an adult of the legal age of majority in your country of residence. By accepting this Agreement, you acknowledge and affirm that you are of the legal age of majority in your country of residence and that you are legally and financially responsible for all actions using or accessing the GIANT Services, whether or not authorized by you.
d. If you are under the legal age of majority in your country of residence ("minor" or "child"), you may not enter into this Agreement. Your parent or legal guardian must review this Agreement and accept it on their own behalf. Subject to any applicable laws, regulations or rules regarding minors, a parent or legal guardian who has accepted this Agreement on their own behalf may permit a minor to use their Account, provided that the parent or legal guardian acknowledges and agrees that they are legally and financially responsible for all actions using or accessing the GIANT Services, including the actions of any minor or child they allow to access their Account, whether or not authorized by the parent or legal guardian.
Ownership/Intellectual Property
a. GIANT shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the GIANT Services under this Agreement. You acknowledge that your use of the GIANT Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the GIANT Services may cease to be available to you at any time without prior notice in the sole discretion of GIANT.
b. Any or all of the GIANT Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the GIANT Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the GIANT Services) are protected by applicable laws from unauthorized use.
c. You agree that any or all of the GIANT Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without GIANT express prior written permission. Any use of our copyrighted materials, including but not limited to derivative works, requires the express prior written consent of GIANT. Please note any unauthorized reproduction or redistribution of the GIANT Services shall be prohibited and may result in severe legal penalties.
d. GIANT remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the GIANT Services. You acknowledge and agree that you do not have any right or interest as a result of using the GIANT Services, except those explicitly granted to you under this Agreement.
User Content
a. "User Content" means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to GIANT or our agents pertaining to the GIANT Services. You confirm that you irrevocably grant GIANT a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable, and unlimited license, allowing GIANT to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. In addition, your participation in a "test period" or a "beta version" game or activities similar in nature is governed by separate agreements, and you agree to be bound by specific rules that apply to access to such games, for example, we may limit the duration of game play and the number of Users who have access to the game, and we reserve the right to modify or delete User game data. Please read these specific rules carefully, and we sincerely appreciate your participation in our beta version of the game and submission of User Content.
b. If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from GIANT.
In-Game Currency and Goods
a. The GIANT Services may include an opportunity for you to acquire virtual, in-game currency ("Virtual Currency"), including by purchasing a limited license to Virtual Currency for a fee. The GIANT Services may also include the opportunity to acquire virtual, in-game digital items ("Virtual Goods"), including by purchasing a limited license to the Virtual Goods that may be paid for with real money or Virtual Currency.
When you pay to obtain such Virtual Currency or Virtual Goods, you acknowledge and agree that you are obtaining or purchasing the right to have your License (as defined in Section 2 above) include such Virtual Currency and Virtual Goods. You further acknowledge and agree that neither Virtual Currency nor Virtual Goods have any monetary value whatsoever and shall not be redeemed for real money (fiat or otherwise) or any item with monetary value, and Virtual Currency and Virtual Goods are not provided for investment purposes.
b. Regardless of any reference GIANT might make outside this Agreement to purchasing or selling Virtual Currency or Virtual Goods, you acknowledge and agree that both Virtual Currency and Virtual Good(s) are licensed, not sold, to you under this Agreement. Provided that you comply with this Agreement, GIANT grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Virtual Currency and Virtual Good(s), whether paid for or otherwise obtained, solely in connection with your use of the GIANT Services. Except as permitted under this Agreement, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods. Any access or use of Virtual Currency or Virtual Goods not specifically permitted by this Agreement is a violation of this Agreement and may result in a termination of your Account. Except for the limited license granted described above, GIANT reserves and retains all other right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
c. GIANT reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that GIANT may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
d. When you provide payment information to GIANT or its authorized processor, you represent that you are an authorized User of any payment method specified by you, and you authorize GIANT to charge such payment method(s) for the full amount of the transaction. You acknowledge and agree that any payment for the right to have your License include Virtual Currency and/or Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual Currency, except as otherwise required by applicable law. Should you have any question regarding the refund policy, please contact our customer service at supersus..
e. You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
Protection of Personal Information
All the information collected from you is subject to local laws and GIANT shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the GIANT Services shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, Users have the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see GIANT's Privacy Policy for more information regarding the collection and use of your information.
Inappropriate User Behavior
a. GIANT holds you accountable for your own behavior and language, encourages you to play GIANT Game(s) in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behavior. You are prohibited from, in any way, claiming to be our employees or disseminating false information either to GIANT or third parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attack, threaten or insult a portion or all of the Users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.
b. You are prohibited from engaging in, directly or indirectly:
i. vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards GIANT or other Users;
ii. use of any unapproved payment methods;
iii. use of cheating programs or other malicious game programs;
iv. dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
v. disclose, furnish, disseminate or otherwise make any of our or other Users' non-public information available to third parties; and/or
vi. any other inappropriate behavior or language that may damage the reputation of GIANT.
c. We reserve the right, but are not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. Depending on the relevant situation, GIANT may take action, including but not limited to, sending a warning, blocking communications, suspending, taking down, banning or terminating your Account temporarily or permanently, blocking logins, deleting game files or otherwise take action in our sole discretion. We reserve and maintain the final right to interpret and take action according to relevant circumstances of your inappropriate behavior.
d. If you breach this Agreement or engage in any behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the GIANT Game(s) or is otherwise inappropriate or objectionable, we shall be entitled to, without prior notice, suspend your access to the GIANT Services for an indefinite period of time, block your Account, terminate your access to the GIANT Services, and/or terminate this Agreement immediately without prior notice.
Indemnification
a. You agree to defend, indemnify, and hold GIANT and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
i. your access or use of the GIANT Services;
ii. your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;
iii. any materials, User Contributions, User Content or other information provided by you or on your behalf;
iv. your violation of any applicable laws or third-parties' rights and interests; and/or
v. your other illegal or inappropriate behavior.
Injunctive Relief
Without prejudice to any other rights or remedies that GIANT may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, GIANT shall, without proof of special damages, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which GIANT may be entitled.
Insofar as permitted by applicable laws, you irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from GIANT.
Limitation of Liability
a. You agree that your use of the GIANT Services shall be at your own risk. GIANT provides the GIANT Game(s) and/or the GIANT Services on an "as is" and "as available" basis. To the fullest extent permitted by applicable laws, GIANT and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether GIANT has been advised of the possibility of such liabilities.
b. GIANT hereby disclaims all warranties, conditions, common law duties and representations, either express, implied, oral or written. GIANT makes no warranties about the accuracy or completeness of the GIANT Services. Also, GIANT assumes no liability or responsibility for:
i. any errors, mistakes, or inaccuracies of the GIANT Services;
ii. personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the GIANT Services;
iii. any interruption, suspension or termination of the GIANT Services;
iv. any bugs, viruses or similar links transmitted by third parties on or through the GIANT Services;
v. any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or
vi. any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
c. In no event shall GIANT be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if GIANT has been advised of the likelihood of such damages occurring.
d. GIANT has no control over third-party sites which you may have access, including those sites which are linked to our websites. Therefore, GIANT is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.
e. The maximum aggregate, cumulative liability of GIANT and our members, officers, employees, directors, consultants, affiliates, will not exceed your direct damages, if any, up to the total amount paid by you to us during the three (3) months prior to your making a claim against GIANT. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
Limitation on Claims
To the maximum extent permitted by applicable laws, and any applicable statute of limitations, any claim arising from or in connection with this Agreement and/or the GIANT Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.
Modification
GIANT reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the GIANT Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to GIANT Services will constitute your acceptance to the newly-updated Agreement and any agreements or policies therein.
If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the GIANT Services, your License under this Agreement shall immediately terminate and you may immediately stop accessing to the GIANT Services.
Non-waiver
No failure or delay on the part of GIANT in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
Notice
To the maximum extent permitted by applicable laws, GIANT may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the GIANT Services) to the Users through one or more of the following, including but not limited to notice or announcement within the GIANT Game(s), page announcement on the GIANT's websites, games, official channels, website tips, mobile phone messages, email, or other contact information you provided to GIANT.
Once any notice is dispatched or sent in any way listed above by GIANT, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform GIANT in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
Termination
Without limiting any other rights of GIANT, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein. You may also terminate this Agreement by deleting the GIANT Game(s) from all devices on which you've installed and immediately stop your use of the GIANT Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the GIANT Game(s) in your possession.
Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of GIANT and the authorization (if any) granted to GIANT shall still remain in effect and survive the termination of this Agreement.
Severability
a. If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, then you and GIANT agree that such provision will be severed and the rest of the Agreement shall remain in effect and be construed as if any severed provision had not been included. Notwithstanding the foregoing, if the Class Action Waiver set forth in Section 19(d) and Section 19A(c) is found invalid, unenforceable, or illegal, you and GIANT agree that it will not be severable; the entire Dispute Resolution provisions set forth in Sections 19 and 19A will be void and unenforceable and any dispute will be resolved in choice subject to the venue and choice of law clauses specified in this Agreement. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of GIANT.
b. You and GIANT agree that except as provided above, if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the remaining terms of this Agreement will remain in full force and effect.
Governing Law & Dispute Resolution (Rest of World)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF THIS AGREEMENT, EXCLUDING CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA.
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
a. Governing Law. This Agreement shall be governed by and construed under the laws of Singapore excluding its conflict of law principles.
b. Binding Individual Arbitration. You agree and acknowledge that any claims or legal actions between you and GIANT shall be referred to Singapore International Arbitration Centre ("SIAC") for arbitration which shall be conducted in accordance with SIAC’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non conveniens with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
c. Informal Resolution. You agree that in the event of any dispute, GIANT and you shall first attempt to resolve any such dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to supersus..
In the event that any such dispute cannot be resolved informally, you agree that the dispute, including any question regarding the arbitrability of the dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (b) of this Section 19 above.
d. Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Furthermore, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this clause 19(d) shall be null and void.
19A. Dispute Resolution (United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting this Agreement, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you and GIANT will be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).
You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.
For the purposes of this Agreement, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and GIANT regarding any aspect of your relationship with GIANT, including those arising out of this Agreement or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
a. Binding Individual Arbitration. If you live in the United States of America, you and GIANT agree that, except as provided in subsection (e) below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and GIANT further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting this Agreement, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of your residence. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.
You or GIANT may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
b. Informal Resolution. You agree that in the event of any Dispute, GIANT and you shall first attempt to resolve any such Dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal Dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the Dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to GIANT INTERACTIVE HK LIMITED 988 Zhongkai Road, Shanghai, China.
In the event that any such Dispute cannot be resolved informally, you agree that the Dispute, including any question regarding the arbitrability of the Dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (a) of Section 19A above.
c. Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both GIANT and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other customer or User. Notwithstanding any other provision of this Agreement, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 19A shall be null and void.
d. Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Agreement.
e. Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and GIANT may opt out of the arbitration procedures described above. If you do so, neither you nor GIANT can force the other to arbitrate.
You or GIANT may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE GIANT WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your in-game username and the email address you used to set up your in-game account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with GIANT through arbitration. You must mail your opt-out notice to GIANT INTERACTIVE HK LIMITED 988 Zhongkai Road, Shanghai, China. If you do not provide GIANT with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to this Agreement, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
f. Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the GIANT Services, and/or your relationship with GIANT.
19B. Governing Law (United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read this section carefully.
If you live in the United States of America, you and GIANT each agree that this Agreement including but not limited to any Dispute, controversy, difference, or claim arising out of or relating to this Agreement or GIANT Services, including the existence, validity, interpretation, performance, breach or termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to this Agreement or GIANT Services shall be governed by and construed under the laws of the United States of America, excluding its conflict of law principles.
No Assignment
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of GIANT. Otherwise, GIANT may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, GIANT shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
General
a. This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and GIANT.
b. References to "include," "includes," and "including" shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.
c. Affiliate in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by or is under common control with GIANT INTERACTIVE HK LIMITED hereto.
d. GIANT may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
e. In addition to any other limitations which may be set forth herein, GIANT may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of GIANT, such as acts by governmental authorities, force majeure, or other events outside of the reasonable control of GIANT.
f. You agree that GIANT expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing the GIANT Game(s) and/or the GIANT Services; to cease providing any services; and/or to change, add any portion of the GIANT Services.
g. You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.
h. All attachments attached hereto to this Agreement shall be incorporated into and forms part of this Agreement and correctly states the rights and obligations of each party as of the Effective Date.
i. In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.
Contact
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at supersus..
Attachment: Additional Terms for Residents of the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE EU AND THE UK.
Right of withdrawal
You have the right to withdraw from the purchase of a Virtual Currency or a Virtual Good anytime within 14 days from the day of purchase without giving any reason by contacting our customer service at supersus. and informing us that you wish to withdraw the purchase.
However, your right to withdraw will be lost once the content or service has been fully provided upon your request. If you request immediate delivery of any content that you purchase, you will have agreed upon purchase that your right of withdrawal will expire once the content is made available to you. For any service for which you request immediate delivery, you will have agreed upon purchase that your right of withdrawal will expire when all services are provided, and that in any case, you will not be reimbursed for any service that has already been provided to you. Otherwise, we will reimburse you all relevant payments without undue delay and within 14 days of your decision to withdraw using the same means of payment as you used for the purchase.
You may also use the following model form, but it is not obligatory.
To GIANT INTERACTIVE HK LIMITED, 988 Zhongkai Road, Shanghai, China, with supersus.:
I hereby give notice that I withdraw from my contract for the provision of the following purchase [identify your purchase] ordered on Dec 31, 1969 @ 4:00pm[insert your name, address and user ID] Signature (only if this form is notified on paper) [insert date
[insert your name, address and user ID]
Signature (only if this form is notified on paper)
[insert date]
This Terms of Service ("Agreement") is a legally binding agreement between GIANT INTERACTIVE HK LIMITED ("GIANT," "we," "our," or "us") and you ("you" or "User"). This Agreement governs your use of or access to GIANT Game(s), our online website, any game-specific site, software systems, customer support, social media, community channels and/or any other online services provided by GIANT and by any of our authorized third party (collectively the "GIANT Services"), whether as a guest or a Registered User (as defined below).
In particular, we draw your attention to some important terms in this Agreement. By accepting this Agreement:
·You agree to GIANT rules and policies that are expressly incorporated into this Agreement, including our Privacy Policy, which explains what Information we collect from you and how we protect it.
·You agree that you use the GIANT Services at your own risk, and that GIANT's liability to you is limited as set forth in Section 12 below.
·You agree to resolve disputes between you and GIANT in individual arbitration, and not in court, as set forth in Sections 19 and 19A below. We have put this up front, bold, and in all caps due to its importance:
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTIONS 19 AND 19A BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFICALLY DESCRIBED IN THOSE SECTIONS, YOU AND GIANT AGREE TO RESOLVE DISPUTES BY BINDING, INDIVIDUAL ARBITRATION, AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. YOU AND GIANT FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER, AS EXPLAINED IN SECTIONS 19 AND 19A BELOW.
·You agree that to enter into this Agreement, you are an adult of legal age of majority in your country of residence, and you are legally and financially responsible for all actions using or accessing the GIANT Services. BY ACCEPTING THIS AGREEMENT, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS GOVERNING DISPUTE RESOLUTION CONTAINED IN SECTIONS 19 AND 19A.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
"GIANT Game(s)" refer to any game(s) that GIANT has launched or in the future will launch, or any of its game(s) during the test process.
GIANT Game(s) include but are not limited to the software of GIANT Game(s) (including but not limited to the whole game software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by GIANT under this Agreement, and/or any copy of the foregoing.
Please note the software of GIANT Game(s) may contain Cheat Detection software or features. "Cheat Detection" means functionality intended to identify Cheats. "Cheats" means programs, methods, processes or other programs with software or hardware on any formats that may give Users an unfair competitive advantage within GIANT Game(s).
If you do not agree to install the Cheat Detection software or at any time remove or disable the Cheat Detection features, alone or make combination with GIANT Game(s), the license granted to you under this Agreement automatically terminates and you should immediately stop accessing any of the GIANT Services.
Please note that the GIANT Game(s) with the Cheat Detection software therein may collect and transmit details about your account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that GIANT may exercise part or all of its rights hereunder. You confirm that, by installing, copying, running or otherwise using the GIANT Game(s), you agree to be bound by this Agreement.
By making a registration or application for a GIANT Account, downloading the software of GIANT Game(s), playing the GIANT Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing any services provided by GIANT, you are deemed to have read, understood, and accepted all the terms of this Agreement.
GIANT reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the GIANT Services shall constitute your acceptance to be bound by the newly updated Agreement.
IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, PLEASE DO NOT, EITHER DIRECTLY OR INDIRECTLY, USE OR ACCESS TO THE GIANT SERVICES IN ANY WAY.
GIANT Account
a. You may be required to register or have a GIANT Account ("Account") in order to use the GIANT Services.
To create an Account, you will be required to register as a User and accept the GIANT Account Terms of Service. If you do not accept those terms, you will not be able to create an Account.
b. You may establish an Account only if you are a natural person and an adult in your country of residence, and you are not an individual specifically prohibited by us from using the GIANT Services.
When you have successfully created an Account, as a registered user ("User" or "Registered User"), you need to create a username ("Nickname") to be used during your game play. You acknowledge and agree not to use a Nickname which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable Nickname if, in our discretion, we consider that your Nickname (or its use) is offensive or otherwise breaches the agreement terms in any way.
c. By creating a GIANT Account, you agree that you will:
(i) provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process ("Personal Data"); and
(ii) maintain and promptly update your Personal Data and keep your Personal Data accurate, up to date, and complete.
d. You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as above the legal age of majority) when using the GIANT Services.
e. You agree to provide accurate and complete registration information, and you are not suggested to create a Nickname that reflects your real name or other Personal Data.
f. You shall be responsible for keeping your Account secure and confidential (including but not limited to email address, passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all actions performed, using, or accessing the GIANT Services through your Account, whether or not authorized by you.
g. Each Account is unique and important to each User. You shall neither transfer or otherwise make your Account information available to third parties, nor use other User(s)' Account(s) at any time. If you sell your Account or other related information, GIANT reserves the right to take action, including but not limited to the right to terminate your Account immediately without any refund.
h. We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with this Agreement. If your Account is so terminated, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your usership or Account, please contact our support service, and we may terminate it as soon as reasonably practical after receiving your termination request.
i. You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access your Account, you may not claim compensation from GIANT. In the event of theft, unauthorized use or any other security breach pertaining to your Account, it is your responsibility to notify GIANT immediately.
License Grant & License Conditions
License Grant
GIANT grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right to install and use the GIANT Game(s) software on devices you legally own or control, solely for your personal entertainment and non-commercial purpose (the "License"). The rights granted to you by GIANT under this License are subject to the terms of this Agreement and you may make use of the License only if you comply with all applicable terms. The License becomes effective on the date that you accept this Agreement.
By accepting this Agreement, you understand and acknowledge that the GIANT Game(s) software is licensed, not sold to you, under the License, and furthermore that the License does not grant you any title or ownership in the GIANT Game(s) software.
License Conditions
a. You acknowledge and agree that your use of the GIANT Services is also governed by the Privacy Policy which may be amended from time to time by GIANT in its sole discretion. You acknowledge and agree that the Privacy Policy is at all times incorporated and forms a part of this Agreement.
b. You acknowledge and agree that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the GIANT Services:
i. Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of GIANT or third parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
v. Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license, sublicense or otherwise use whole or part of GIANT Services and related contents, information, element for a commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the GIANT Services;
viii. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the GIANT Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
ix. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third parties to do any of the above.
c. You further acknowledge and agree that your use of the GIANT Services shall comply with any applicable laws or local regulations, and that you will immediately stop using or accessing the GIANT Services when local laws or local regulations so require.
d. Except as expressly authorized under this Agreement, you may not copy the GIANT Services in whole or part or any accompanying materials therein. Because the GIANT Services contain our proprietary information, you agree: (i) to hold in the strictest confidence all code and any technical elements of the GIANT Services, ii) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (iii) subject to all applicable law (including US Copyright law and DMCA), not to make use of the GIANT Services except for your individual enjoyment and non-commercial purpose.
e. Except expressly authorized herein, any use of the GIANT Services in whole or part, without our prior written consent, is strictly prohibited and the License granted herein will be terminated. GIANT expressly reserves the right to deny anyone access to the GIANT Services at any time for any reason without prior notice. You further agree that GIANT, without any liability, shall be entitled to suspend or terminate providing any of the GIANT Services or change the provided content at any time for any reason without prior notice.
f. GIANT reserves the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While GIANT reserves the right to take action upon being alerted or informed of inappropriate game play or communications between Users made in connection with their access or use of the GIANT Services, you are solely responsible for any interactions with other Users. By using the GIANT Services, you acknowledge and accept that at any time there may be language or material accessible on or through the GIANT Services that may be inappropriate for children and/or offensive to Users of any age, race, religion, gender. You agree that under no circumstances shall GIANT be liable for any inappropriate User behavior or language. If GIANT determines in its sole discretion that any inappropriate User behavior or language was made or communicated from your Account, GIANT reserves the right to suspend or terminate your access to the GIANT Services and/or to take other enforcement actions as GIANT deems necessary to safeguard its rights.
g. You further agree that GIANT is not liable for the behavior of any other Users or third parties, including but not limited to any third-parties’ websites or services linked on or through the GIANT Services.
User Contributions
a. The GIANT Services may contain various websites, forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through the GIANT Services ("User Contributions"), including but not limited to any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or other materials appearing on or transmitted to or from the GIANT Services. GIANT has no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit, and/or remove any or all User Contributions that are objectionable or inappropriate at any time without prior notice. GIANT may also at any time terminate or suspend your access to any of the User Contributions for any reason and without prior notice.
b. Any of the User Contributions may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for your own behavior when using the GIANT Services, including but not limited to any User Contributions posted by you. You also acknowledge and confirm that under no circumstance, shall GIANT be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by GIANT.
c. You acknowledge and agree that when you use the GIANT Services, you have no expectation that your User Contributions will be private and GIANT may disclose your User Contributions for any reason without prior notice.
d. Any User Contributions that you post will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally grant GIANT a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Contributions for any reason, including our exercise of the rights you grant to us in this section and that we are not obligated to exercise such granted rights. You also grant all other Users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through the GIANT Service without prior notice, attribution or compensation to you. Except to the extent 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 worldwide.
e. You represent and warrant that the User Contributions:
(i) are accurate and not fraudulent or deceptive;
(ii) do not violate any rights or interests (including but not limited to intellectual property rights) of GIANT and/or third parties. You understand that User Contributions may be copied by other Users and discussed within or outside of the GIANT Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that GIANT takes no responsibility and assumes no liability for any content posted by you or any third parties.
f. We cannot guarantee that you will not encounter content that you consider offensive or otherwise inappropriate, and we accept no liability for any failure to remove (or delay in removing) any such content. You may, however, make complaints by accessing our support service.
Use of Account by Minors
a. The application of this section is subject to the prevailing laws, regulations and all other policy(s) relating to the protection of minors in your country(s)/region(s) of residency, where applicable.
b. You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as above the legal age of majority) when using the GIANT Services.
c. To enter into this Agreement, you must be an adult of the legal age of majority in your country of residence. By accepting this Agreement, you acknowledge and affirm that you are of the legal age of majority in your country of residence and that you are legally and financially responsible for all actions using or accessing the GIANT Services, whether or not authorized by you.
d. If you are under the legal age of majority in your country of residence ("minor" or "child"), you may not enter into this Agreement. Your parent or legal guardian must review this Agreement and accept it on their own behalf. Subject to any applicable laws, regulations or rules regarding minors, a parent or legal guardian who has accepted this Agreement on their own behalf may permit a minor to use their Account, provided that the parent or legal guardian acknowledges and agrees that they are legally and financially responsible for all actions using or accessing the GIANT Services, including the actions of any minor or child they allow to access their Account, whether or not authorized by the parent or legal guardian.
Ownership/Intellectual Property
a. GIANT shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the GIANT Services under this Agreement. You acknowledge that your use of the GIANT Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the GIANT Services may cease to be available to you at any time without prior notice in the sole discretion of GIANT.
b. Any or all of the GIANT Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the GIANT Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the GIANT Services) are protected by applicable laws from unauthorized use.
c. You agree that any or all of the GIANT Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without GIANT express prior written permission. Any use of our copyrighted materials, including but not limited to derivative works, requires the express prior written consent of GIANT. Please note any unauthorized reproduction or redistribution of the GIANT Services shall be prohibited and may result in severe legal penalties.
d. GIANT remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the GIANT Services. You acknowledge and agree that you do not have any right or interest as a result of using the GIANT Services, except those explicitly granted to you under this Agreement.
User Content
a. "User Content" means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to GIANT or our agents pertaining to the GIANT Services. You confirm that you irrevocably grant GIANT a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable, and unlimited license, allowing GIANT to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. In addition, your participation in a "test period" or a "beta version" game or activities similar in nature is governed by separate agreements, and you agree to be bound by specific rules that apply to access to such games, for example, we may limit the duration of game play and the number of Users who have access to the game, and we reserve the right to modify or delete User game data. Please read these specific rules carefully, and we sincerely appreciate your participation in our beta version of the game and submission of User Content.
b. If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from GIANT.
In-Game Currency and Goods
a. The GIANT Services may include an opportunity for you to acquire virtual, in-game currency ("Virtual Currency"), including by purchasing a limited license to Virtual Currency for a fee. The GIANT Services may also include the opportunity to acquire virtual, in-game digital items ("Virtual Goods"), including by purchasing a limited license to the Virtual Goods that may be paid for with real money or Virtual Currency.
When you pay to obtain such Virtual Currency or Virtual Goods, you acknowledge and agree that you are obtaining or purchasing the right to have your License (as defined in Section 2 above) include such Virtual Currency and Virtual Goods. You further acknowledge and agree that neither Virtual Currency nor Virtual Goods have any monetary value whatsoever and shall not be redeemed for real money (fiat or otherwise) or any item with monetary value, and Virtual Currency and Virtual Goods are not provided for investment purposes.
b. Regardless of any reference GIANT might make outside this Agreement to purchasing or selling Virtual Currency or Virtual Goods, you acknowledge and agree that both Virtual Currency and Virtual Good(s) are licensed, not sold, to you under this Agreement. Provided that you comply with this Agreement, GIANT grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Virtual Currency and Virtual Good(s), whether paid for or otherwise obtained, solely in connection with your use of the GIANT Services. Except as permitted under this Agreement, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods. Any access or use of Virtual Currency or Virtual Goods not specifically permitted by this Agreement is a violation of this Agreement and may result in a termination of your Account. Except for the limited license granted described above, GIANT reserves and retains all other right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
c. GIANT reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that GIANT may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
d. When you provide payment information to GIANT or its authorized processor, you represent that you are an authorized User of any payment method specified by you, and you authorize GIANT to charge such payment method(s) for the full amount of the transaction. You acknowledge and agree that any payment for the right to have your License include Virtual Currency and/or Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual Currency, except as otherwise required by applicable law. Should you have any question regarding the refund policy, please contact our customer service at supersus..
e. You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
Protection of Personal Information
All the information collected from you is subject to local laws and GIANT shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the GIANT Services shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, Users have the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see GIANT's Privacy Policy for more information regarding the collection and use of your information.
Inappropriate User Behavior
a. GIANT holds you accountable for your own behavior and language, encourages you to play GIANT Game(s) in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behavior. You are prohibited from, in any way, claiming to be our employees or disseminating false information either to GIANT or third parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attack, threaten or insult a portion or all of the Users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.
b. You are prohibited from engaging in, directly or indirectly:
i. vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards GIANT or other Users;
ii. use of any unapproved payment methods;
iii. use of cheating programs or other malicious game programs;
iv. dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
v. disclose, furnish, disseminate or otherwise make any of our or other Users' non-public information available to third parties; and/or
vi. any other inappropriate behavior or language that may damage the reputation of GIANT.
c. We reserve the right, but are not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. Depending on the relevant situation, GIANT may take action, including but not limited to, sending a warning, blocking communications, suspending, taking down, banning or terminating your Account temporarily or permanently, blocking logins, deleting game files or otherwise take action in our sole discretion. We reserve and maintain the final right to interpret and take action according to relevant circumstances of your inappropriate behavior.
d. If you breach this Agreement or engage in any behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the GIANT Game(s) or is otherwise inappropriate or objectionable, we shall be entitled to, without prior notice, suspend your access to the GIANT Services for an indefinite period of time, block your Account, terminate your access to the GIANT Services, and/or terminate this Agreement immediately without prior notice.
Indemnification
a. You agree to defend, indemnify, and hold GIANT and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
i. your access or use of the GIANT Services;
ii. your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;
iii. any materials, User Contributions, User Content or other information provided by you or on your behalf;
iv. your violation of any applicable laws or third-parties' rights and interests; and/or
v. your other illegal or inappropriate behavior.
Injunctive Relief
Without prejudice to any other rights or remedies that GIANT may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, GIANT shall, without proof of special damages, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which GIANT may be entitled.
Insofar as permitted by applicable laws, you irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from GIANT.
Limitation of Liability
a. You agree that your use of the GIANT Services shall be at your own risk. GIANT provides the GIANT Game(s) and/or the GIANT Services on an "as is" and "as available" basis. To the fullest extent permitted by applicable laws, GIANT and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether GIANT has been advised of the possibility of such liabilities.
b. GIANT hereby disclaims all warranties, conditions, common law duties and representations, either express, implied, oral or written. GIANT makes no warranties about the accuracy or completeness of the GIANT Services. Also, GIANT assumes no liability or responsibility for:
i. any errors, mistakes, or inaccuracies of the GIANT Services;
ii. personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the GIANT Services;
iii. any interruption, suspension or termination of the GIANT Services;
iv. any bugs, viruses or similar links transmitted by third parties on or through the GIANT Services;
v. any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or
vi. any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
c. In no event shall GIANT be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if GIANT has been advised of the likelihood of such damages occurring.
d. GIANT has no control over third-party sites which you may have access, including those sites which are linked to our websites. Therefore, GIANT is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.
e. The maximum aggregate, cumulative liability of GIANT and our members, officers, employees, directors, consultants, affiliates, will not exceed your direct damages, if any, up to the total amount paid by you to us during the three (3) months prior to your making a claim against GIANT. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
Limitation on Claims
To the maximum extent permitted by applicable laws, and any applicable statute of limitations, any claim arising from or in connection with this Agreement and/or the GIANT Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.
Modification
GIANT reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the GIANT Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to GIANT Services will constitute your acceptance to the newly-updated Agreement and any agreements or policies therein.
If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the GIANT Services, your License under this Agreement shall immediately terminate and you may immediately stop accessing to the GIANT Services.
Non-waiver
No failure or delay on the part of GIANT in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
Notice
To the maximum extent permitted by applicable laws, GIANT may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the GIANT Services) to the Users through one or more of the following, including but not limited to notice or announcement within the GIANT Game(s), page announcement on the GIANT's websites, games, official channels, website tips, mobile phone messages, email, or other contact information you provided to GIANT.
Once any notice is dispatched or sent in any way listed above by GIANT, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform GIANT in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
Termination
Without limiting any other rights of GIANT, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein. You may also terminate this Agreement by deleting the GIANT Game(s) from all devices on which you've installed and immediately stop your use of the GIANT Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the GIANT Game(s) in your possession.
Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of GIANT and the authorization (if any) granted to GIANT shall still remain in effect and survive the termination of this Agreement.
Severability
a. If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, then you and GIANT agree that such provision will be severed and the rest of the Agreement shall remain in effect and be construed as if any severed provision had not been included. Notwithstanding the foregoing, if the Class Action Waiver set forth in Section 19(d) and Section 19A(c) is found invalid, unenforceable, or illegal, you and GIANT agree that it will not be severable; the entire Dispute Resolution provisions set forth in Sections 19 and 19A will be void and unenforceable and any dispute will be resolved in choice subject to the venue and choice of law clauses specified in this Agreement. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of GIANT.
b. You and GIANT agree that except as provided above, if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the remaining terms of this Agreement will remain in full force and effect.
Governing Law & Dispute Resolution (Rest of World)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF THIS AGREEMENT, EXCLUDING CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA.
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
a. Governing Law. This Agreement shall be governed by and construed under the laws of Singapore excluding its conflict of law principles.
b. Binding Individual Arbitration. You agree and acknowledge that any claims or legal actions between you and GIANT shall be referred to Singapore International Arbitration Centre ("SIAC") for arbitration which shall be conducted in accordance with SIAC’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non conveniens with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
c. Informal Resolution. You agree that in the event of any dispute, GIANT and you shall first attempt to resolve any such dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to supersus..
In the event that any such dispute cannot be resolved informally, you agree that the dispute, including any question regarding the arbitrability of the dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (b) of this Section 19 above.
d. Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Furthermore, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this clause 19(d) shall be null and void.
19A. Dispute Resolution (United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting this Agreement, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you and GIANT will be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).
You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.
For the purposes of this Agreement, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and GIANT regarding any aspect of your relationship with GIANT, including those arising out of this Agreement or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
a. Binding Individual Arbitration. If you live in the United States of America, you and GIANT agree that, except as provided in subsection (e) below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and GIANT further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting this Agreement, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of your residence. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.
You or GIANT may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
b. Informal Resolution. You agree that in the event of any Dispute, GIANT and you shall first attempt to resolve any such Dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal Dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the Dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to GIANT INTERACTIVE HK LIMITED 988 Zhongkai Road, Shanghai, China.
In the event that any such Dispute cannot be resolved informally, you agree that the Dispute, including any question regarding the arbitrability of the Dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (a) of Section 19A above.
c. Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both GIANT and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other customer or User. Notwithstanding any other provision of this Agreement, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 19A shall be null and void.
d. Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Agreement.
e. Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and GIANT may opt out of the arbitration procedures described above. If you do so, neither you nor GIANT can force the other to arbitrate.
You or GIANT may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE GIANT WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your in-game username and the email address you used to set up your in-game account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with GIANT through arbitration. You must mail your opt-out notice to GIANT INTERACTIVE HK LIMITED 988 Zhongkai Road, Shanghai, China. If you do not provide GIANT with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to this Agreement, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
f. Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the GIANT Services, and/or your relationship with GIANT.
19B. Governing Law (United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read this section carefully.
If you live in the United States of America, you and GIANT each agree that this Agreement including but not limited to any Dispute, controversy, difference, or claim arising out of or relating to this Agreement or GIANT Services, including the existence, validity, interpretation, performance, breach or termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to this Agreement or GIANT Services shall be governed by and construed under the laws of the United States of America, excluding its conflict of law principles.
No Assignment
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of GIANT. Otherwise, GIANT may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, GIANT shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
General
a. This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and GIANT.
b. References to "include," "includes," and "including" shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.
c. Affiliate in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by or is under common control with GIANT INTERACTIVE HK LIMITED hereto.
d. GIANT may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
e. In addition to any other limitations which may be set forth herein, GIANT may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of GIANT, such as acts by governmental authorities, force majeure, or other events outside of the reasonable control of GIANT.
f. You agree that GIANT expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing the GIANT Game(s) and/or the GIANT Services; to cease providing any services; and/or to change, add any portion of the GIANT Services.
g. You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.
h. All attachments attached hereto to this Agreement shall be incorporated into and forms part of this Agreement and correctly states the rights and obligations of each party as of the Effective Date.
i. In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.
Contact
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at supersus..
Attachment: Additional Terms for Residents of the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE EU AND THE UK.
Right of withdrawal
You have the right to withdraw from the purchase of a Virtual Currency or a Virtual Good anytime within 14 days from the day of purchase without giving any reason by contacting our customer service at supersus. and informing us that you wish to withdraw the purchase.
However, your right to withdraw will be lost once the content or service has been fully provided upon your request. If you request immediate delivery of any content that you purchase, you will have agreed upon purchase that your right of withdrawal will expire once the content is made available to you. For any service for which you request immediate delivery, you will have agreed upon purchase that your right of withdrawal will expire when all services are provided, and that in any case, you will not be reimbursed for any service that has already been provided to you. Otherwise, we will reimburse you all relevant payments without undue delay and within 14 days of your decision to withdraw using the same means of payment as you used for the purchase.
You may also use the following model form, but it is not obligatory.
To GIANT INTERACTIVE HK LIMITED, 988 Zhongkai Road, Shanghai, China, with supersus.:
I hereby give notice that I withdraw from my contract for the provision of the following purchase [identify your purchase] ordered on Dec 31, 1969 @ 4:00pm[insert your name, address and user ID] Signature (only if this form is notified on paper) [insert date
[insert your name, address and user ID]
Signature (only if this form is notified on paper)
[insert date]