Cosmos Epoch Investments Limited Privacy Policy for ‘Garfield Fit’

 

PLEASE NOTE THAT THIS PRIVACY POLICY APPLIES ONLY TO THOSE USERS OF THE SERVICES WHO ARE AGED 13 AND OLDER. SPECIAL PROCEDURES ARE USED WHEN COLLECTING INFORMATION FROM USERS UNDER THE AGE OF 13, WHICH ARE DISCUSSED IN THE “POLICIES REGARDING CHILDREN UNDER THE AGE OF 13 SECTION BELOW.

 

Last updated date: 24th February 2017

Effective date: 24 February 2017

 

Privacy Policy

Cosmos Epoch Investments Limited develops and publishes many social games for smartphones and mobile devices. Cosmos Epoch Investments Limited, its subsidiaries, parent companies, affiliates, joint ventures and other corporate entities under common ownership (collectively, “we”, “our”, or “us”) respect our users’ (“users” or “you”) privacy rights. We adopt this Privacy Policy to explain how we collect, use, store, disclose and manage the personal information (“Personal Information”) you provide to us when using, or about to use, the application ‘Garfield Fit’ (“Garfield Fit” or the “Services”).

 

You agree to our collection, use, storage, disclosure and management of your Personal Information as explained in this Privacy Policy when you access or use our website and domain name, and any of the Services, and accept this Privacy Policy in registration or game installation.

 

We have the right to amend this Privacy Policy from time to time. Use of your information we collect is subject to the Privacy Policy in effect at the time such information is used. Please check this Privacy Policy every time you use our sites or the Services to make sure that you are aware of any changes in our privacy practices. Our Privacy Policy will display the date it was last updated. If we choose to make any material revisions to this Privacy Policy, we will post a revised policy on our sites and/or mobile products to inform you and other users. You understand that you accept the amendments to our Privacy Policy by continuously using our sites or the Services.

 

Except otherwise as mentioned herein, this Privacy Policy does not apply to information collected and stored by (1) web-based applications that are built from our mobile applications but published by other third parties, (2) or through websites and services provided by other third party companies or entities to which our Services may link, or (3) mobile applications that we distribute on behalf of other third parties which mobile applications are hosted by such third parties.

 

IF YOU CHOOSE NOT TO ACCEPT THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES.

 

About accessing and using the Services

Garfield Fit has the Google Fit Integration.  Garfield Fit relies on the ability to read your health data for active energy expenditure, resting energy expenditure, walking distance, running distance, steps taken, and activity from the Google Fit database that resides on your phone and Android Wear.

 

Data read from the Google Fit database about your distance covered, activity time, active energy expenditure, resting energy expenditure, and steps taken are used to present those data to you within the Garfield Fit phone and Android Wear applications and also via weekly emails for paid subscription customers.

 

Garfield Fit uses collected information about your activity to calculate your daily averages and maximums, weekly averages and maximums, and estimated energy burned; Garfield Fit stores the data locally on your phone and Android Wear in order to easily and quickly present information to you. These data are stored solely on your device and may be forwarded to your email address for your personal use.

 

Calculated values for total distance, total steps, total active minutes and total calories are sent as a weekly report to email addresses of paid subscription customers. Data that are relayed to your email account are not stored on our servers, so the data exist solely on your phone, Android Wear and in your email for your personal use.

 

The protection of data stored on your phone and Android Wear within the Garfield Fit app is solely your responsibility. Review your phone and Android Wear documentation for guidance on how to manage local storage and how to apply appropriate security controls to your device to protect of your information.

 

Personal and Non-Personal Information

We collect both Personal Information and Non-Personal Information.

 

Personal Information” is information about you that can be used to contact or identify you on-line or off-line, such as your name, birth date, email address, credit card information and phone number. “Personal information” may also include your unique device or user identifier when the identifier is combined with your personal information.

 

Non-Personal Information" is information that, by itself, cannot be used to identify or contact you personally and can include gender, age or interests and cannot be used to connect with you. This Privacy Policy does not restrict or limit our collection of aggregate information or Non-Personal Information.

 

Personal information also does not include "aggregate information". Aggregate information is data we collect about the characteristics and activities of the users and visitors of the Services and enhance our Services and our sites, from which any Personal Information has been removed. Such information may include demographic information, such as your unique user or user identifier (when not matched with or tie to your Personal Information), city of residence, information about your computer, software, platform and Internet IP address. We collect aggregate information about the use of the Services to provide the best possible service and allow us to make certain recommendations and internal reports and share such information with our partners about how our customers use the Services so that our partners also understand how people use the Services and they can provide you with an optimal user experience.

 

We may combine Personal Information and Non-Personal Information to be used to improve your experience with or to aggregate it with information collected from other users to improve or analyze the Services.

 

How Personal Information Is Collected

To assist us in personalizing and improving the Services, and allow our users to set up a user account and profile that can be used to personalize their experience in using the Services, Personal Information is collected from you.

 

We may collect your Personal Information in a number of ways such as, during your (1) registration or log-in for games, games subscriptions or our websites, (2) creation of a personal profile, (3) download and use of our mobile applications and web-based applications, (4) purchase of a licence to use in-game virtual money or virtual items directly from us, any relevant billing and financial information necessary to process your charges will be collected by us, which may include your email address, (5) request for services from third party service providers on our websites or the Services (such as, your response to advertisements therein), (6) customer support or technical service requests, (7) communications with other registered users on our websites or through the Services, and (8) participations in promotional or marketing activities, surveys, and other alerts. Depending on the activity in which you are involved, information that we collect from you will vary.

 

Cookies and other technical information - We collect certain technical information when you use the Services in order to (i) manage advertising; (ii) analyze the usage of our sites and services; and (iii) provide a more personalized experience. We and our service providers use tracking technologies to collect and analyze certain types of technical information, including cookies (cookies are small files applied to your browser to track movements within websites), platform type, device and identifiers, domain names, IP addresses, landing pages, the number of clicks, pages viewed and the order of those pages, referring and exit pages, URLs, the amount of time spent on particular pages, browser types and language, game state and the date and time of activity on our sites or games, and other similar information. For our internal use, we may also associate this information with your user ID number. However, please note that we do not combine the general information collected through cookies with your other Personal Information to inform us your identity or what your email address or screen name is.

 

Other technologies may also be used by us, which include: (i) flash cookies (which help us in preventing fraud, remembering your in-game preferences and speeding up load times); (ii) tracking pixels (which permit us to advertise more efficiently by (a) not serving certain promotional messages to our current users, (b) identifying the source of a new installation or (c) delivering advertisements to you on other websites); and (iii) web beacons (which assist us in determining if a certain page was visited or whether an e-mail was opened).

 

Most browsers have an option to alert you about attempts to place cookies on your computer or other devices or disable the cookie feature, which will not permit your browser to accept new cookies, or allow you to decide to accept each new cookie in a variety of ways. If you disable cookies, you may run the risk of losing some of the features and functionality of our games or Services, because you may need our cookies to track and enhance your game activities. We strongly advise you not to disable the cookies feature so that you can enjoy some of the Services’ most attractive features.

 

When you download and use any of our games on your mobile device or on a personal computer, we also collect information regarding your in-game actions, your unique device or user identifier and country in which the mobile phone or device is registered or located, and may collect your mobile phone number, and other information you decide to provide, such as user name, or e-mail address. When our mobile or web-based applications are used, we also collect information about your mobile device type, operating system, browser type and IP address. We use such information in relation to providing our mobile and web-based applications, such as to authenticate you and to communicate with you regarding the Services by push notification, SMS, e-mail, text message or other electronic means to your mobile device. By using the Services, you agree to letting us retain all the above information in any form as we see fit. We only collect information to the extent that is reasonably necessary to comply with your requests and our legitimate business objectives.

 

How and Where Personal Information Are Stored, International Transfer and Personal Information Security

We are an international organisation and the Personal Information, Non-Personal Information or aggregate information we collect or receive are stored in data storage facilities in different locations. For example, if you are located outside Hong Kong and choose to provide information to us, we may transfer your Personal Information to Hong Kong and process it there and your submission of such information represents your agreement to that transfer. Such information may be used, transferred to, processed or held by computers in other countries, including countries outside your country of residence or governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction, and used for the purposes set out in this Privacy Policy.

 

We may use third party service providers to collect, process and store your Personal Information, Non-Personal Information or aggregate information in the data storage servers and/or equipment owned and operated by such third parties, and such third parties will be instructed to comply with our Privacy Policy and to use your Personal Information only for the purposes for which they have been engaged by us. We are not responsible for these third parties’ acts and omissions, except as provided by the applicable laws. Please note that the data protection laws of other countries may not be the same as those of your country of residence. You consent to the transfer, storage and processing of your Personal Information as mentioned in this section.

 

We also understand the importance of keeping your information safe and secure. We have implemented commercially reasonable security measures to safeguard and secure your information and to prevent the destruction, loss, misuse and alteration of information under our control. There is no transmission method over website or Internet that is completely flawless, even though we have our commercially reasonable security measures in place against possible breaches of our sites’ security and our user records and databases, and we are not liable for data loss, hacking, unauthorized access or other breaches in relation to our servers and systems or guarantee the security of user account information. Any transmission of your information to our sites is done at your own risk. After we receive your information, we have procedures and security measures in place to attempt to prevent any unauthorised access. You should also limit access to your computer (or other device) and browser by logging out after you have finished accessing your account to ensure that there is no unauthorized access to your account and Personal Information.

 

How Personal Information Is Used

We may use your Personal Information, Non-Personal Information or aggregate information collected from you in any one or more of the following ways to:

 

·        prevent fraud or potentially illegal, unethical or legally actionable activities, and enforce the relevant terms of service

·        provide to government or law enforcement officials to protect our rights and property as well as those of third parties and protect the safety of the public or any person

·        notify you of new game releases or updates

·        communicate with you about the Services

·        provide technical support and respond to user requests

·        operate, maintain and manage the Services

·        solicit feedback and input to improve the Services, including our websites, products and services and personalize your user experience, diagnose problems with our server and develop new product and services

 

If you consent to our use of your Personal Information for research then we may share, with your express permission, certain of your Personal Information with appropriate third parties providing relevant health, medical and/or fitness services

 

Use of Personal Information in Direct Marketing

We do not utilize your Personal Information obtained through your use of the Services for Direct Marketing purposes.

 

How Personal Information Is Shared

In general, we do not sell or rent your Personal Information to third parties. Your Personal Information is only shared in the following circumstances:

 

With Your Consent – Except as mentioned in this Privacy Policy, we will notify you when your Personal Information may be shared with other third parties, and you may elect not to share such information.

 

Users’ profiles – We may display your user profile information including your username and other information entered by you (“User Submissions”) to other users to facilitate user interaction within the Services.

 

Protection of our rights and those of others – If we believe in good faith that the release of your Personal Information is necessary to comply with relevant law and regulation, enforce or apply our conditions of use and other agreements, or protect our rights, property, or safety, or those of our employees, users or others, we may release your Personal Information in specific circumstances. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

 

Responses to User Submissions – We may send email and other communication to you relating to your User Submissions as part of the Services. You agree that by posting such User Submissions, you may be receiving email and other communication from us that we determine, in our sole discretion, relate to your User Submissions.

 

Affiliated businesses that we do not control – A variety of businesses may become affiliated and work closely with us. Through the Services, items may be sold to you by such affiliated businesses, and services or products may also be provided or sold to you by us jointly with such affiliated businesses. You can recognize when an affiliated business is associated with your transaction, and we may share your Personal Information that is related to such transactions with that affiliated business.

 

Transfers of business – If we decide to dispose our assets, we may include user information as part of the business assets that are transferred to the buyer. At the same time, if we, or substantially all of our assets, were acquired, or in the unlikely event that we go out of business or enter bankruptcy, information of our users would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and your Personal Information may continue to be used by any of our purchasers or the purchasers of our assets as set forth in this Privacy Policy.

 

Agents – We also use other companies and third parties to perform tasks for us and we will share your information with them to provide you with the relevant products or services. When such third parties collect or possess any information other than non-personal, anonymous and/or aggregated data, they do not have any right to use such Personal Information we share with them beyond what is necessary to assist us, unless you are told otherwise. Such agents are required to use your Personal information consistently with our Privacy Policy and protect and maintain the collected information’s confidentiality during their engagement by us and refrain from using such information for any purpose other than to provide the Services for us without your express consent. You consent to our sharing of Personal Information for such purposes.

 

To improve our Apps or the Services to serve you better, we may also use your Personal Information for our own marketing and demographic research. This Privacy Policy does not restrict or limit our collection of aggregate information, and we may disclose this information to any third parties.

 

Linked Third Party Sites’ Privacy Policies

Our sites and the Services may contain links to websites of other third parties that we do not own or control. It does not mean that we authorise, sponsor or endorse those third parties, nor is it a representation of our association with them when we provide such links to other websites. If you click on such links, including clicking on a banner ad or other type of advertisement, you will leave our site and will be directed to those third parties’ sites. As we have no control on such third parties’ activities, we are not responsible for their websites’ content or privacy practices, the collection or use of information you provide to them or any of their products or services. We cannot provide assurance that such third parties employ the same or similar privacy and security practices as us. We advise you to review such other websites’ privacy policies, as their privacy policy governs any information you provide to these third parties. Only information collected on or through the Services is subject to this Privacy Policy.

 

The Services may also contain other third party service providers’ tracking tools. We may use such third parties’ APIs/SDKs in providing the Services to you, which may allow these third parties to analyze user information. Although these third parties may have access to your Personal Information when services are performed for us, they may not use such information for any purposes other than to provide their services.

 

Your Options

You may decide not to disclose any of your information, even though such information may be necessary to take advantage of or register for certain features of the Services. Please let us know at gamesupport@webprancer.com if you do not want to receive email or other mail from us in the future. If you do not wish to receive any legal notices from us, including this Privacy Policy, such legal notices will continue to govern your use of the Services, and you are responsible for reviewing such legal notices for any changes.

 

How Personal Information is Accessed or Amended

You may access or amend any Personal Information collected and held by us by changing the relevant information through our sites. You may contact us at gamesupport@webprancer.com if you would like to stop using your account(s). We will review, update, correct or delete the relevant information as appropriate and your information may still be retained in our systems for enforcing our user agreement, maintaining the security, integrity and operation of our sites and the Services and resolving any disputes.

 

Question About Our Privacy Policy

Please get in touch with us at gamesupport@webprancer.com if you have any questions, comments or concerns regarding our Privacy Policy on the Services.

 

Policies Regarding Children Under The Age of 13

Please note that this “Policies Regarding Children Under the Age of 13” section only applies to procedures when collecting information from children under the age of 13.

 

We recognise the obligation to protect Personal Information obtained from young children. The Services are not geared toward children under the age of 13 and we do not knowingly collect any Personal Information from such children. If we collect any personal information (as defined in the Children’s Online Privacy Protection Act (“COPPA”), which was established by U.S. Congress to protect children’s online privacy) from children under the age of 13, we will either (1) comply with the requirements of COPPA and gain prior verifiable parental consent or direct parental notification of the nature and intended use of such information, which shall include an opportunity for the parent to prevent use of the information and participation in the activity; or (2) promptly remove from our files and records such information. For more information about COPPA and children’s rights to online privacy, please visit the Children’s Privacy section of the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/childrens-privacy.

 

In addition, we advise that children over the age of 13 shall ask their parents for permission before transmitting any of their information to anyone over the Internet, and we suggest parents to tell their children not to provide their personal information, without permission, when using the Internet.

 

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PRIVO-Cert™ Safe Harbor Certification Program

 

Garfield Fit  (owned and operated by Animoca Brands) is a Member of the PRIVO-Cert™ Safe Harbor Certification Program (“the Program”). As a participating member in the Program, the Garfield Fit  (owned and operated by Animoca Brands) adheres to the strict information collection, use and disclosure requirements set forth by the Program. PRIVO is an independent, third-party organization committed to safeguarding children's personal information collected online. PRIVO aims to help parents and their children exercise control over personal information while exploring the Internet. The PRIVO certification seal posted on this page indicates that Garfield Fit (owned and operated by Animoca Brands) has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at (852) 6117 8158 or gamesupport@webprancer.com. If you have further concerns after you have contacted us, you can contact PRIVO directly at privacy@privo.com.

 

A. What types of information do we collect from children?

We collect persistent identifier (such as an IP address, mobile device id, or a unique device identifier) from a child. Data collected through Google Fit does not collect personally identifiable information from children. Statistics which include non-personal information about your use of the app, such as number of steps taken, are saved to the user’s device only and not sent to a server. A child at the age of 12 or under does not have an account for Garfield Fit.

 

Consistent with the requirements of COPPA, on any child-targeted site or application, or in any instance where we ask for age and determine the user is age 12 or under, we will ask for a parent or guardian email address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at gamesupport@webprancer.com.  We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.

Please note that all services directed to children under the age of 13 are prohibited by COPPA from conditioning a child’s participation in an online activity on the child’s disclosure of more personal information than is reasonably necessary to participate in the activity.  If you have any questions concerning our collection of information from children, please contact us at gamesupport@webprancer.com.

 

B. How do we use and share the personal information collected from children?

We use the collected persistent identifier for the sole purpose of providing support for internal operations of the Service, including activities necessary for us to maintain or analyze the functioning of the Services, authenticate users or personalize content, protect the security or integrity of the user or the Service, or ensure legal or regulatory compliance.

 

The collected persistent identifier is principally used for internal purposes only, in order to:

·         provide children with access to features and activities on the Services

·         customize content and improve the Services

·         conduct research and analysis to address the performance of the Services

·         generate anonymous reporting for use by us.

 

In the event we collect (or allows others to collect) such information from children through the use or access of the Services for other purposes, we will notify parents and obtain consent prior to such collection.

 

The list of third-party operators who collect persistent identifiers on the Services are listed below (on a non-exhaustive basis):

We use Flurry analytics to better understand the use of the app and  improve it. For more information on Flurry Restricted please see their privacy policy at https://developer.yahoo.com/flurry/legal-privacy/tos.html

 

·         We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.

 

We collect a child’s email address in connection with a question emailed to us by the child for the sole purpose of communicating with the child on a one-time-only basis (e.g. responding to a question from the child). We will not use or disclose such information to re-contact the child or for any other purpose, and such information will be deleted from our records promptly after responding to the child’s request.  If we choose not to respond to the child’s request, we will immediately delete the child’s information. 

 

C. How can parents review or delete personal information about their child?

At any time, parents of children under the age of 13 may review or delete personal information about their children from our records, or refuse to permit our further collection or use of such personal information. Please contact us at gamesupport@webprancer.com if you would like to review or delete your child’s personal information, or to inform us about your refusal to permit our further collection of such personal information.

 

Whenever a parent requests a deletion of his or her child’s personal information, we will use reasonable efforts to delete the child’s information from our records immediately and will not collect any other personal information from such child.  If you have any concerns about your request, please contact us at gamesupport@webprancer.com.

 

D. Changes in our Privacy Policy Regarding Children Under the Age of 13

We may amend our Privacy Policy Regarding Children Under the Age of 13 at any time. we will post notice on our site or in our apps. If we have a parent’s email address on file, we will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share a child’s personal information. We will apply material changes in our Privacy Policy Regarding Children Under the Age of 13 only in conformance with applicable laws, including any applicable provisions of COPPA that require parental consent.

 

E. Contact us

If you have any other questions about our Privacy Policy for Children Under the Age of 13, including our practices in relation to children’s personal information, in particular collecting or maintaining such personal information and your rights relating to the same, please contact us at:

 

Cosmos Epoch Investments Limited

Room 1002, Eastern Commercial Centre,

397 Hennessy Road, Hong Kong

Attention: Legal Department

 

or send us an email at: gamesupport@webprancer.com

 

Or call us at: (852) 6117 8158

 

 

Cosmos Epoch Investments Terms of Use for ‘Garfield Fit’

 

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY OF OUR SITES, MOBILE APPLICATIONS, MOBILE GAMES AND/OR SOFTWARE (COLLECTIVELY, THE “APPLICATIONS”) OFFERED BY WEB PRANCER AND ITS AFFILIATES (“WEB PRANCER”, “WE”, “US” OR “OUR”).

 

BY USING, ACCESSING OR DOWNLOADING OUR APPLICATIONS, AND/OR ANY DATA OR CONTENT THAT IS ACCESSED, CONTAINED, OR UTILIZED IN OR BY THE APPLICATIONS IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS TO THE EXCLUSION OF ALL OTHER TERMS. THE TERMS MAY BE AMENDED BY US FROM TIME TO TIME. THE TERMS ALSO INCLUDE OUR PRIVACY POLICY AND OTHER LEGAL NOTICES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF THE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. PLEASE DO NOT USE THE APPLICATIONS IF YOU DO NOT UNCONDITIONALLY CONSENT TO BE BOUND BY THE TERMS, AND YOU MUST UNINSTALL THE APPLICATIONS FROM ALL OF YOUR COMPUTER OR MOBILE DEVICES IMMEDIATELY.

 

1. Access To The Applications

 

1.1 On condition of your acceptance of and continuing compliance with the Terms, we grant you a non-exclusive, non-assignable (without right to sublicense), non-transferable and revocable limited license to install and use the Applications and related software solely in machine executable object code form (excluding source code) for your personal, non-commercial use, and not for the benefit of any third party, on your personal computer or mobile device(s) of which you are the primary user. We own and operate the Applications. Other than specifically permitted herein, you agree not to use the Applications for any other purpose, or to reproduce, copy, modify, alter or distribute the content of the Applications. All rights not granted herein are hereby reserved.

 

1.2 At our sole and absolute discretion, we reserve the right to modify, change, add or remove portions of the Terms in any way and at any time. However, please note that no amendment to the Terms shall apply to a dispute of which we had actual notice before the date of the amendment.

 

1.3 We will notify you of any amendments to the Terms by posting them on your Application distributor’s website. You agree that you will check your Application distributor’s website for updates to the Terms periodically. You agree that once we post any amendments on your Application distributor’s website, you will be considered to have been given notice of them and you will be deemed accepting the Terms as modified by continuing using the Applications after such notice is posted.

 

1.4 We shall terminate your license to use the Applications and you must immediately cease using the Applications, if at any point you do not agree to any portion of the then-current version of the Terms, the Privacy Policy or our other policy, rules or codes of conduct in relation to your use of the Applications.

 

1.5 We reserve the right to discontinue or suspend the Applications or to modify the Applications’ content in any way and at any time without liability, with or without notice to you. We may also impose limitations on certain services and features or restrict your access to all or portions of the Applications without notice or liability. You also agree to be bound by any application, forum, or game specific rules published within the Applications.

 

1.6 You agree to comply with the Terms when you use the Applications, and any use of the Applications in breach of the Terms will be considered as an infringement of our intellectual property rights in and to the Applications. If you breach any of the Terms, we reserve the right to terminate your use of or access to the Applications without notice.

 

1.7 You represent and warrant that (i) you are an individual (not a corporation) and are 13 years old or older; if you are between the ages of 13 and 18, you represent and warrant that you have obtained your parent’s or legal guardian’s consent and they have reviewed and agreed to the Terms; and (ii) all registration information you submit is accurate and truthful, and you will maintain the accuracy of such information. You also certify that you are legally permitted to access and use the Applications and are fully responsible for the selection and use of and access to the Applications. The Terms are void where prohibited by law, and the right to access the Applications is revoked in such jurisdictions.

 

2. In-Applications Currencies/Goods

 

2.1. The Applications may include a virtual, in-application currency (“Virtual Money”) including, but not limited to coins, points, chips or cash that may be purchased from us for “real world” money if you are a legal adult in your jurisdiction. The Applications may also include virtual, in-app digital items (“Virtual Items”) that may be purchased for “real world” money or for Virtual Money. Our Virtual Money does not have any monetary value and does not constitute currency or property of any type. Virtual Money and Virtual Items may not be redeemed from us or any other party for “real world” money, goods or other items of monetary value. You agree that your purchase of the Virtual Money or Virtual Items is final and is non-refundable, non-transferable and non-exchangeable, in particular when we cease making the Applications available, whether such action is taken at our sole and absolute discretion or due to unforeseen events.

 

2.2. The price to be paid is the price indicated within the Applications or on the applicable website for the Applications. When a license to use our Virtual Money or Virtual Items, or a subscription to use an Application, is purchased by you, you agree to pay the applicable taxes that we or our agent assesses on your purchase. If you reside in Europe, the price includes any applicable VAT. Where applicable, we will also state the period for which the relevant offer or price remains valid. We reserve the right to change the price and specifications shown in relation to any Applications, any subscription, Virtual Money and Virtual Items. If you decide not to complete a purchase, you should, if enabled by your computer’s or mobile device’s operating system, select “no” or close the window that requests your confirmation. Otherwise, to the extent the operating system, distributor and other factors permit, we may be able to provide you with a credit against your future purchases; no returns or cancellations of purchases will be offered. Any Virtual Money balance shown in your account does not constitute a “real world” balance or reflect any stored value, but rather indicates the extent of your limited license to use the Virtual Money in the Applications. If you wish to purchase a subscription and you decide to cancel it subsequently, you have to contact your Application distributor for its cancellation policies. Your cancellation may not be effective for a certain period of time after your inform them about your cancellation (i.e. may not be effective until the end of the then current subscription period) and is subject to the terms of service, terms of use or similar user agreement of your Application distributor.

 

2.3. Only the services of any billing and payment provider stated on the applicable website or within the applicable Application may be used by you to pay for the Virtual Money. We will not supply any products or services to you until the billing and payment provider has authorized the use of your credit card or other applicable method for payment. You will have to comply with such third party provider’s terms and conditions when using the billing and payment provider’s services. An account with the billing and payment provider may be required to be created, and your bank account or credit or debit card details may also be required to be provided to that provider. Costs, specifically data charges and related tariffs, associated with accessing and using the Applications depends on your internet service provider and/or wireless carrier. You should refer to your provider’s terms and conditions for details.

 

2.4. Virtual Money may only be held by legal residents of jurisdictions where access to and use of the Applications is permitted. You may only purchase or acquire a license to use Virtual Money in our Applications from us through means we provide on the applicable website(s) or applicable Applications or otherwise expressly authorize. We reserve the right to limit, refuse or block your request(s) to purchase and/or acquire a license to use Virtual Money in our Applications for whatever reason.

 

2.5. You do not own and have no right or title in or to any such Virtual Items or Virtual Money appearing in the Applications, or any other attributes associated with the use of the Applications or stored within the Applications, except a limited, personal, revocable, non-sublicensable non-transferable license to use the Virtual Items or Virtual Money in the Applications.

 

2.6. Except where expressly authorised within the Applications, any purported transfers of Virtual Money or Virtual Items are strictly prohibited. You are not permitted to sublicense, trade, buy, sell or attempt to sell or exchange any Virtual Money or Virtual Items for “real world” money or otherwise exchange items for value outside of the Applications. Any attempt to do so is prohibited and void, and is in breach of the Terms and may result in the termination of your license to use the Applications, a permanent ban from the Applications and possible legal action against you. If your account is terminated or suspended for any reason or if we discontinue providing the Applications, all Virtual Items and Virtual Money will be forfeited at our sole and absolute discretion.

 

2.7. We have the absolute right to manage, control, modify, regulate and/or eliminate such Virtual Money and/or Virtual Items as it deemed fit in our sole and absolute discretion, and we are not liable to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice to you and we are not liable to you or any third party for the exercise of such rights.

 

3. User Generated Content

 

3.1. The Applications may invite you to participate or chat in message boards, blogs, online forums and other functionality and may provide you with the opportunity to create, submit, display, post, transmit, publish, perform, distribute or broadcast content and materials to us and/or to or via the Applications, including, without limitation, data, comments, graphics, personal information, images, photographs, suggestions, sounds, text, writings or other material (collectively “User Content”). Any material you transmit to us will be treated as non-confidential and non-proprietary. We cannot guarantee that other users will not make use of the ideas and information that you share. As a result, if you have an idea or information that you would like to keep confidential and/or do not want others to use, please do not post it on the Applications. We shall not be responsible for evaluating, using or compensating you for any ideas or information that you may choose to submit.

 

3.2. If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Applications you understand and agree that we (i) have no obligation to keep your Submissions confidential; (ii) have no obligation to return your Submissions or respond in any way; and (iii) may use your Submissions for any purpose in any way without notice or compensation to you. We are not responsible for a member’s misuse or misappropriation of any content or information you post in any forums, blogs and chat rooms.

 

3.3. By submitting or transmitting any User Content while using the Applications, you affirm, represent and warrant that such submission or transmission is (i) accurate and not confidential; (ii) free of viruses, adware, spyware, worms or other malicious code; and (iii) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property are in the User Content.

 

3.4. You are solely responsible for the information that you post on, through or in connection with the Applications and that you provide to others. You represent and warrant that your User Content is wholly original to you and you exclusively own your User Content’s rights, including the right to grant all of the rights and licenses in the Terms without us incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

 

3.5. You grant to us the unrestricted, worldwide, unconditional, irrevocable, transferable, perpetual fully-paid up and royalty-free, non-exclusive and unlimited right and license to adapt, broadcast, archive, publish, commercialize, cache copy, create derivative works of, distribute, disclose, enter into computer memory, excerpt, fix, host, improve, introduce into circulation, modify, lease, reproduce, manufacture, publicly display, publicly perform, re-format, store, re-title, rent, resell, sell, sublicense, transfer, translate, transmit, use, or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats, on or through any and all software, media, formula or medium now known or hereafter known or discovered, and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.

 

3.6. You hereby waive any moral rights you may have in any User Content to the extent permitted by applicable laws.

 

3.7. When you remove or delete your User Content or you close your account, your license grant to us to use your User Content terminates, unless your User Content has been shared with others, and they have not removed or deleted it. However, you hereby understand and accept that any removed or deleted content may remain in back-up copies for a reasonable period of time.

 

3.8. We have no obligation to (i) monitor any User Content or enforce any intellectual property rights that may be associated with your User Content (but we are entitled to enforce such rights through any means as we deem fit, including controlling and taking actions on behalf of you); and (ii) to accept, display, review, monitor or maintain any User Content (if we choose at any time, in our sole and absolute discretion, to monitor the Applications, we have the right, in our sole and absolute discretion, to remove or delete User Content from the Applications without notice to you for whatever reason at any time; you hereby provide your irrevocable consent to such monitoring and recording; we may also move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that we reserve the right to treat User Content as content stored at the direction of users for which we will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth in Section 5 below when violations are brought to our attention.). We reserve the right to limit the storage capacity of the User Content that you post on, through or in connection with the Applications.

 

3.9. You acknowledge that we are not responsible for monitoring or editing the Applications and that the Applications may have content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

 

3.10. You also agree and understand that we cannot guarantee (i) the authenticity of any data which users may provide about themselves; and (ii) the identity of any other users with whom you may interact in the course of using the Applications. You acknowledge and agree that all content accessed by you using the Applications is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

 

4. Posting On Other Websites

 

4.1. Subject to the Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to post an image of your personal avatar and/or screen shot from your account within the Applications and any other materials that we specifically authorize in writing may be posted, for non-commercial purposes only, on your own personal website or a third party website that permits posting of content at the users’ direction, provided that such third party website (i) does not criticize, or take other actions that could reasonably expected to result in damage or harm to, us, (ii) is not our commercial competitor, (iii) does not charge for access to such posted content and does not associate services, products or advertising with such posted content, (iv) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, and (v) together with all website to which it links, complies with all applicable laws, and does not in any way defame, abuse, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other rights of any kind of any third party or, in any way, post, distribute, publish, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable contents, information, topic, name or other material (an “Authorised Website”). We expressly reserve all of our rights and remedies, and we may revoke this all licenses granted under this Terms, in whole or in part, upon notice.

 

4.2. The following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorised Website, without limitation to the generality of Section 4.1,:

 

·         you must display the statement “Copyright Cosmos Epoch Investments Limited. All Rights Reserved. Used With Permission.” on every page on which the posting appears.

·         you must display a prominent link to the Application’s homepage in connection with any of your use of the content or material permitted hereunder, including, without limitation, in e-mails you are sending to your friends.

·         you agree to include, and not remove or alter, our intellectual property rights or other proprietary rights, trademark or copyright, notices, as we provided on the Applications and within e-mail page(s), when displaying an avatar or images from our Applications, and you agree to comply with usage guidelines that we may provide from time to time. You agree that all goodwill that arises in connection with your use of our trademarks inures exclusively to us, and you agree not to challenge our ownership or control of any of our trademarks, nor use or adopt any trademarks that might be confusingly similar to such of our trademarks.

 

5. Usage Rules

 

5.1. As a condition of your use of and access to the Applications, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Applications. These Usage Rules are not meant to be exhaustive, and it is at our sole and absolute discretion to determine what conduct it considers to be a breach of the Terms or improper use of the Applications and to take any action including termination of your account and exclusion from further participation in the Applications. We may also post additional rules that apply to your conduct during your use of and access to the Applications from time to time.

 

5.2. Any use of the Applications in breach of these Usage Rules (as determined by us in our sole and absolute discretion) is strictly prohibited, and can result in the immediate revocation of your limited license granted under Section 1, and you may be liable for violations of law. If you attempt to disrupt or interfere with the Applications, including undermining or manipulating the legitimate operation of any of the Applications, it will be considered as a breach of our policy and may constitute a violation of criminal and civil laws.

 

5.3. You agree that your use of and conduct on the Applications shall be lawful and your User Content will not:

 

·         include any offensive comments that are connected to gender, national origin, physical handicap race or sexual preference; hate speech is strictly not tolerated.

·         include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language.

·         abuse defame, disparage, embarrass, harass, intimidate, libel, mock, ridicule, spam, threaten or do anything else to anyone that is unwanted.

·         promote violence or describe how to perform a violent act.

·         violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity.

·         be in violation of the Terms or the Applications’ rules of conduct. (collectively “Content Restrictions”).

 

5.4. You also agree that you will not, under any circumstances:

 

General

 

·         use abusive, offensive, or defamatory user names and/or personas.

·         engage in cheating or any other activity deemed by us to be in conflict with the spirit or intent of the Applications, including but not limited to circumventing or manipulating the Terms, our game rules, game mechanics or policies.

·         make improper use of our support services or submit false reports of abuse or misconduct.

·         use the Applications, intentionally or unintentionally, in connection with any breach of the Terms or any applicable law, rule or regulation or any other requirements or restrictions posted by us on the Applications, or do anything that promotes the violation of the above.

 

Commercial Activity

 

·         post messages for any purpose other than personal communication, or transmit unauthorized communications through the Applications, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

·         sell the Applications or any part thereof including but not limited to Virtual Items or Virtual Money, user accounts and access to them in exchange for real currency or items of monetary value.

·         engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme.

·         post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-application or in the forums.

 

Cheating and Hacking

 

·         attempt to impersonate any other person, indicate falsely that you are our employee or representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.

·         promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or Virtual Items or Virtual Money.

·         use any game cheating/hacking/altering software or tools.

·         trick, defraud or mislead us or other users of the Applications, especially in any attempt to learn sensitive account information such as passwords.

·         create user accounts by automated means or under false pretences or mislead others as to the origins of your communications.

·         copy or adapt the Application’s software including but not limited to Flash, HTML, JavaScript, PHP or other code.

·         except as may be the result of standard search engine or web browser usage, use or launch, develop or distribute any automated system, including, without limitation, any cheat utility, robot (or “bot”), spider, scraper or offline reader that accesses the Applications, or use or launch any unauthorised script or other software.

·         disrupt, overburden, or aid or assist in the disruption or overburdening of (i) any computer or server used to offer or support the Applications or any of our game environment (each a “Server”); or (ii) the enjoyment of the Applications or any of our games by any other person.

·         block or obscure any notice, banner or advertisement on the Applications.

·         disguise the source of your User Content or other information you submit to the Applications or use tools which anonymise your internet protocol address (e.g. anonymous proxy) to access the Applications.

·         upload any software or content that you do not own or have permission to freely distribute.

 

Collection and Publication of Personal Information

 

·         solicit or attempt to solicit personal information from other users of the Applications.

·         collect or reveal through the Applications any personal information (whether in text, image or video form) about another individual, including another person’s address, phone number, e-mail address, credit card number, financial information or any information that may be used to track, contact or impersonate that individual.

·         upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”).

·         Unauthorised Use or Connection to the Applications

·         upload, disseminate or transmit (or attempt to upload, disseminate, or transmit) adware, bombs, cancelbots, corrupted data, keyboard loggers, time spyware, Trojan horses, viruses, worms or any other malicious or invasive code or program or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any person’s uninterrupted use and enjoyment of the Applications and User Content or alters, disrupts, impairs, interferes with or modifies the use, features, functions, operation or maintenance of the Applications or the User Content.

·         disparage, tarnish, or otherwise harm, in our opinion, us and/or the Applications.

·         decompile, reverse assemble, reverse engineer, modify or attempt to discover any software (source code or object code) that the Applications create to generate web pages or any software or other products or processes accessible through the Applications.

·         interfere or attempt to interfere with the proper functioning of the Applications or connect to or use the Applications in any way not expressly permitted by the Terms.

·         interfere with or circumvent any security feature of the Applications or any feature that restricts or enforces limitations on use of or access to the Applications or User Content.

·         attempt to gain unauthorized access to the Applications, other party’s registered accounts or to the computers, Servers, or networks connected to the Applications by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Applications.

·         make any automated use of the system, or take any action that imposes or may impose (in our sole and absolute discretion) an unreasonable or disproportionately large load on our infrastructure.

·         bypass any robot exclusion headers or other measures we employ to restrict access to the Applications or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Applications, or harvest or manipulate data.

·         copy, modify or distribute rights or content from any of our sites or games, or our copyrights or trademarks or use any method to copy or distribute the content of the Applications except as specifically allowed in the Terms.

·         use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Applications or that is in transit from or to the Applications, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Applications to store information about our game characters, elements, or environment; we may, at our sole and absolute discretion, allow the use of certain third party user interfaces.

·         use, facilitate, create, or maintain any unauthorized connection to the Applications, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Applications; or (ii) any connection using programs, tools, or software not expressly approved by us.

·         intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Applications, whether through the use of a network analyzer, packet sniffer or other device.

 

5.5. As we do not control or endorse the content, messages or information found in User Content portions of the Applications or external sites that may be linked to or from the games or their forums, we specifically disclaim any responsibility with regard thereto. However, we reserve the right to access and/or record any online activity during your use of and access to the Applications and you hereby consent to our access and record of your activities. We also reserve the right to remove any of the User Content at our sole and absolute discretion.

 

6. Ownership Of Intellectual Property

 

6.1. Unless otherwise specified in writing, all materials that are part of the Applications (including without limitation any artwork, animations, audio-visual effects, character names, catch phrases, character profile information, characters, computer code, concepts, dialogue, documentation, game titles, games, graphics, illustrations, images, methods of operation, moral rights, musical compositions, objects, photographs, sounds, stories, text and themes) are owned, controlled or licensed by us and are protected by law from unauthorised use. All contents of the Applications are protected by international copyright laws. “Web Prancer” and all names and logos of Applications or games published by us are trademarks owned by us and may not be used without our express written consent. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Applications. All trademarks not owned by us that appear in the Applications are their respective owners’ property, who may or may not be affiliated with, connected to, or sponsored by us.

 

6.2. You agree to comply with all trademark rules, copyright notices, information and restrictions contained in any content accessed through the Applications. Except as expressly permitted herein, without our express prior written consent, you agree not to broadcast, copy, display, license, modify, create derivative works based on, participate in the transfer or sale of, perform, publish, redistribute, reproduce, translate, transmit, upload or otherwise exploit for any purposes whatsoever any content or material from the Applications.

 

6.3. Please note that you do not acquire any of our ownership rights by using the Applications, downloading material from or uploading material to the Applications, or by purchasing any virtual goods therein.

 

7. Protection Of Personal Information

 

For information regarding our treatment of your personally identifiable information, please review our current Privacy Policy at http://www.webprancer.com/privacy-policy-android/, which is incorporated herein by reference, and your acceptance of the Terms shall constitute your acceptance and agreement to be bound by our Privacy Policy.

 

8. Disputes With Other Users

 

You are solely responsible for your interaction with other users of the Applications and other parties that you come in contact with through the Applications. We hereby disclaim any and all liability to you or any third party relating to your use of the Applications. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Applications. If you have a dispute with other users or other parties, you agree to release us and indemnify us from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

 

9. Disclaimer Of Warranties

 

WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE CONTROL OVER OR DUTY TO TAKE ANY ACTION REGARDING: WHAT CONTENT YOU ACCESS THROUGH THE APPLICATIONS; WHICH USERS GAIN ACCESS TO THE APPLICATIONS; HOW YOU MAY INTERPRET, USE OR BE AFFECTED BY THE APPLICATIONS OR THE CONTENT ACCESSED THEREIN; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE APPLICATIONS. YOU HEREBY RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED ANY CONTENT THROUGH THE SOFTWARE. THE APPLICATIONS MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND INAPPROPRIATE OR OFFENSIVE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE APPLICATIONS, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE APPLICATIONS.

 

TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATIONS IS AT YOUR SOLE RISK. THE APPLICATIONS ARE PROVIDED ON AN “AS IS” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE ARE NOT LIABLE FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. WE PROVIDE THE APPLICATIONS ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATIONS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “OUR PARTIES”) WARRANT THAT THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE.

 

10. Limitation Of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE SUBJECT MATTER OF THE TERMS AND THE USE OF, OR INABILITY TO USE, THE APPLICATIONS UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY AND THAT OUR PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APPLICATIONS.

 

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT OUR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OUR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE APPLICATIONS AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE APPLICATIONS AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE NINETY DAYS (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN SUCH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE APPLICATIONS AND TO CANCEL YOUR ACCOUNT.

 

WHILE WE USE COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, WE ARE NOT LIABILE FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOOD OR SERVICES, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, AND ANY MATTER BEYOND OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE APPLICATIONS WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THE TERMS, ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS), WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING THE APPLICATIONS, CONTENT, SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

 

AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPICABLE LAW IN SUCH JURISDICTIONS. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY OUR NEGLIGENCE OR FRAUD. WE ALSO DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH US AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

11. Indemnification

 

11.1. Upon our request, you agree to indemnify, defend and hold Our Parties, their licensors, vendors, contractors, and content providers harmless (including, without limitation, all damages, liabilities, settlements and expenses, including attorneys’ fees and costs) from any claim or demand made by any third party arising out of your use or misuse of the Applications, your breach of any term, condition, obligation, representation or warranty in the Terms for which you are responsible, in connection with your distribution of any User Content on or through the Applications, or your infringement of any intellectual property or other rights of any person or entity. Without limiting the generality of the foregoing, you agree to indemnify and hold Our Parties harmless for any illegal or improper use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use. You agree that you will be personally responsible for your use of the Applications and for all of your communication and activity on or through the Applications, including any User Content you contribute, and that you will indemnify and hold harmless Our Parties from any liability or damages arising from your conduct on the Applications, including any User Content that you contribute.

 

11.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You acknowledge and agree that the provisions in this Section shall survive any termination of your account(s), the Applications or the Terms.

 

12. Third Party Services And Websites

 

12.1. The Applications may contain links to third party services or websites that are not owned or controlled by us. You acknowledge and agree to access third party websites or services at your own risk. We are not responsible for, and have no control over, the accuracy, content, privacy policies, or practices of or opinions expressed in any such third party or websites or services, and we will not and cannot monitor, verify, censor or edit the content of any third party websites or services. You hereby represent and warrant that, in addition to your obligations under the Terms, you have read and agreed to be bound by all applicable agreements and/or policies of any third party websites or services relating to your use of the Applications and that you will act in accordance with them.

 

12.2. When you use and access to the Applications, you expressly release us and hold us harmless from any and all liability arising from your use of any third party websites or services. You are solely responsible for your dealings with organizations and/or individuals found on or through the Applications, including delivery and payments of goods or Applications, and any other terms, conditions, warranties or representations associated with such dealings. You hereby acknowledge that we shall not be liable or responsible for any loss or damage incurred as a result of any such dealings, and we have no obligation to be involved in any disputes between you and such third party. You further acknowledge that if you have a dispute with other users, you shall release us, our directors, officers, employees, agents, and successors in rights from damages (actual and consequential), claims and demands of every kind or nature, known or unknown, disclosed or undisclosed, suspected or unsuspected, arising out of or in any way related to such disputes and/or our service.

 

12.3. If you are a resident of the State of California, U.S.A., you shall and hereby do waive your rights in Section 1542 of the California Civil Code, which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him must have materially affected his or her settlement with the debtor.

 

13. Fees And Payment

 

All applicable fees, as described on the Applications, in relation to the Applications selected by you, shall be paid by you. Upon providing notice to you (which may be through email or posting on the Applications), we reserve our rights to adjust our price list for the Applications and to charge new fees at any time. Your use of the Applications after such notification deemed your acceptance of such new or increased charges. Some of our Applications are free to our users, and we reserve our rights to require payment of fees for certain or all parts of such Applications.

 

14. Termination

 

The Terms shall remain valid during your use of the Applications. You may terminate the use of the Applications at any time by uninstalling them from your computer and/or device. We may terminate or suspend your access to or use of any and all Applications immediately, without prior notice or liability, (i) if any of the terms or conditions of the Terms is breached; or (ii) for whatever reason or for no reason, which may result in the forfeiture and destruction of all information associated with your use of the Applications. Any fees already paid by you hereunder are non-refundable. You no long have the right to use or access to the Applications upon termination of your account. Any and all provisions or obligations contained in the Terms which by their nature or effect are required or intended to be performed or observed after termination of the Terms will survive its termination or expiration and remain binding upon and for the benefit of the parties, their successors and permitted assigns.

 

15. Dispute Settlement

 

15.1. If a dispute arises between you and us, we shall provide you with a cost effective and neutral means of resolving the dispute quickly. Both we and you agree that we will resolve any dispute, claim or controversy at law or equity that arises out of the Terms or the Applications (a “Dispute”) in accordance with this Section or as we and you otherwise agree in writing.

 

15.2. The Terms and all aspects of the Applications shall be governed by and construed in accordance with Hong Kong laws (excluding principles relating to the conflict of laws) regardless of your location. With respect to any Disputes not subject to informal dispute resolution or arbitration (as set out below), you agree that you will not commence or prosecute any action in connection therewith other than in the Hong Kong courts, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the Hong Kong courts.

 

15.3. It is acknowledged and agreed by you that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which will cause us irreparable harm and which cannot be readily remedied in monetary damages in an action at law. Accordingly, any of your breach or anticipatory breach shall entitle us, in addition to any claim or award for damages, injunctive relief and other equitable remedies (without the obligations of posting any bond or surety or proof of damages), costs, and reasonable attorney’s fees. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages, if any.

 

15.4. To control the cost of any Dispute and expedite resolution, we and you agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in Section 15.6) informally for at least thirty (30) calendar days before initiating any court or arbitration proceeding. Such informal negotiations commence upon written notice from one party to the other. You will send your notice to Room 1002, Eastern Commercial Centre, 397 Hennessy Road, Hong Kong, Attention: Legal Department.

 

15.5. If we and you cannot resolve a Dispute through informal negotiations, either party may elect to resolve the Dispute (except those Disputes expressly excluded in Section 15.6) finally and exclusively by binding arbitration under the UNCITRAL Arbitration Rules, which Rules are deemed to be incorporated by reference into this Section. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be in Hong Kong at the Hong Kong International Arbitration Centre. The language to be used in the arbitral proceedings shall be English. The number of arbitrators shall be one. We and you shall be bound by the award rendered by the arbitrator and judgment thereon may be entered in any court of competent jurisdiction. Any award rendered by the arbitrator shall be final, and neither we nor you shall have any right of appeal.

 

15.6. We and you agree that the following Disputes are not subject to the above provisions concerning informal negotiations and arbitration:

 

·         any Disputes relating to, or arising from, allegations of invasion of privacy, piracy, unauthorised use or theft;

·         any Disputes seeking to protect or enforce, or concerning the validity of, any of our or your intellectual property rights; and

·         any claim for injunctive relief.

 

16. Miscellaneous

 

16.1. We operate and control the Applications from our offices in Hong Kong. We do not represent that the Applications are appropriate or available in other locations. The information provided through the Applications is not intended for distribution to or use by any person or entity in any country or jurisdiction where such distribution or use would be prohibited by law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Applications from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

16.2. The Terms are effective until terminated by either party. You may terminate the Terms by destroying all Applications-related materials obtained from the Applications, us or any other website or source. If, in our sole and absolute discretion, you fail to comply with any term or provision of the Terms, the rights granted to you under the Terms will terminate immediately and automatically without notice from us.

 

16.3. Any failure on our part to exercise or to enforce any right given under the Terms or at law or any of our custom or practice at variance with the terms of the Terms will not constitute a waiver of our rights under the Terms or operate so as to prevent the exercise or enforcement of any such right at any time. No right, power or remedy in the Terms conferred upon or reserved for us is exclusive of any other right, power or remedy available to us.

 

16.4. The Terms and/or our Privacy Policy maybe assigned and/or delegated by us, in whole or in part, to any person or entity at any time with or without your consent. Any rights or obligations under the Terms or Privacy Policy may not be assigned or delegated by you without our prior written consent, and any of your unauthorized assignment and delegation is void and ineffective.

 

16.5. Your use of the Applications includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to be paid for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into in or through the Applications.

 

16.6. If any provision of the Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.

 

16.7. If we provide you with a translation of the English language version of the Terms, the Privacy Policy or any other policy (collectively “Our Policies”), then it is agreed by you that the translation is provided for informational purposes only and does not modify the English language version of Our Policies. In the event of a conflict between a translation of Our Policies and the English version, the English version of Our Policies will control.

 

16.8. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with the Terms.

 

16.9. The Terms, any supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding between you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, written or oral, or whether established by practice, custom, policy or precedent, between you and us with respect to the Applications, and cannot be changed or amended by you except as we posted on the relevant website.

 

16.10. We may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and the Terms.

 

16.11. The section headings used herein are for reference only and shall not be read to have any legal effect.