The Services and this Site are offered and made available only to users 16 years of age or older. YOU MUST
BE 16
YEARS OF AGE OR OLDER TO USE THE SERVICES AND THIS SITE. By accessing and using this Site, you represent
that
you are 16 years old or older; and if you are between the ages of 16 and 18, you represent that your legal
guardian has reviewed and agreed to these Terms.
Opt-Out of Emails and Notifications
With your prior consent and your confirmation of the opt-in link sent to the e-mail address mentioned in
your
application form, we may occasionally email you with offers, promotions, and/or information of interest. To
opt
out of emails from us, please follow the unsubscribe instructions contained in the relevant emails or
contact us
at cs@youzu.com.
This Terms of Use Agreement (these "Terms") is a legally binding agreement that governs your access and use
of
the games, content, applications, activities, purchases and other services (the "Services") offered by YOUZU
GROUP, including but not limited to YOUZU GAMES HONGKONG LIMITED, YOUZU GAMES LIMITED, YOUZU (SINGAPORE) PTE
LTD, BIGPOINT HOLDCO GMBH and their Affiliates. Affiliates shall mean any corporation, partnership, or other entity that, directly or
indirectly, owns, is owned by, or is under common ownership with, such party hereto, for so long as such
ownership exists. For the purposes of the foregoing, “ own”, ”owned”, or “ownership” shall mean ownership of
more than fifty percent(50%) of the stock or other equity interests entitled to vote for the election of
directors or an equivalent governing body. The Services may be made available through our website, third
party
social networking websites, or mobile versions thereof (this “Site”). By accessing and using any Services,
you
acknowledge that you have read, understand and agree to be legally bound by these Terms.
With your prior consent and your confirmation of the opt-in link sent to the e-mail address mentioned in
your
registration form, our applications may also deliver notifications to your phone. You can disable these
notifications in your phone’s settings or by deleting the relevant application.
You may be required to open an Account directly with YOUZU GROUP by completing the registration process and
providing true, accurate, current and complete information about yourself. YOUZU GROUP do not knowingly
solicit
any personally identifiable information from children under the age of 16. If we determine, in our sole
discretion, that a person is under the age of 16, based on the information provided during the registration
process, that person will not be permitted to register.
This Site may include hyperlinks to websites operated by third parties, including advertisers, sponsors, and
other content providers that require registration. Any website links are provided to you as a convenience
only.
These websites may collect data or solicit personal information from children under the age of 16 to
register
for features in accordance with their own privacy policies. We do not control these websites and we are not
responsible for their privacy policies, or for the collection, use or disclosure of any information those
sites
may collect. For more information, please review the privacy policies of each respective third party
website.
Right to Use Services and Site
Subject to your acceptance of and full compliance with these Terms, YOUZU GROUP grant to you a limited,
non-exclusive, non-transferable, revocable license to access and use this Site, the Services and related
software (excluding source and object code) (“Software”), for your non-commercial personal entertainment use
only, by accessing the Services through your web browser or other application provided by YOUZU GROUP,
authorized social networking websites, service providers or partners. You agree that you may not use the
Services for any other purpose, or copy or distribute the Services except as specifically allowed in these
Terms. You may download and install the Software onto one or more computers owned by you or under your
legitimate control for your non-commercial personal entertainment use only, which must include copyright and
trademark notices as required by these Terms.
Right to Terminate or Change Services
Your use of the Services and this Site is conditioned upon your continued full compliance with these Terms.
Any
use of the Services in violation of these Terms will be treated as an infringement of YOUZU GAMES HONGKONG
LIMITED’s or its Affiliates’ copyrights in and to the Services. We reserve the right to change or modify the
Services, or limit the features or services on this Site at any time to the extent this is in view of any
remuneration paid for a Service or feature by you just and reasonable, without or without notice to you,
without
liability.
We reserve the right to terminate your access and use of the Services without notice for cause if you
materially
violate these Terms. In such event, we also reserve the right to temporarily suspend or permanently
discontinue
the Services, any portion of the Services, or the Site at any time, with or without notice to you, without
liability. In such events, you must immediately and permanently destroy all copies of the Software in your
possession and remove the Software from your hard drive. In such events, you will lose access to your
Account,
password, user name, persona, and you will forfeit all related entitlements, including Virtual Currency,
Virtual
Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital
items
appearing in, originating from or associated with this Site). You agree that these Terms will survive the
termination of the Services or your Account for any reason.
Our Intellectual Property Rights
YOUZU GROUP and its related and affiliated companies are the sole and exclusive owners of all right, title
and
interest, including without limitation, copyright, patent, trademark and other intellectual property rights,
in
the Services and this Site, including without limitation, all games, programs, tools, source codes, object
codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic
documentation, instructions and other materials, design, text, data, sounds, photographs, audio clips,
audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories and
equipment, user Accounts, passwords, Virtual Currency, Virtual Goods, concepts, technology, architecture,
logic,
structure, sequence, organization, themes, symbols, methods of operation, and other materials, all of which
are
protected by international copyright laws, and may not be reproduced, modified, distributed, transmitted,
displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without
our
prior written consent. Any use of the materials appearing in the Services or this Site not expressly
authorized
by these Terms is a violation of copyright, trademark, and other applicable laws, and may result in criminal
prosecution or civil penalties.
Except for the limited right to access and use the Services and this Site, we do not grant or transfer to
you
any other rights of any kind, including any rights in any Virtual Currency, Virtual Goods (including virtual
vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in,
originating
from or associated with this Site), or any other attributes appearing in, originating from or associated
with
the Services or this Site. No ownership rights of any kind, including any patent, trademark, copyright or
other
intellectual property rights, are assigned or transferred to you, by accessing or using the Services or this
Site, downloading material from or uploading material to this Site, or by purchasing any Virtual Goods.
You agree not to copy, redistribute, publish or otherwise exploit material from the Services or this Site,
except as expressly permitted herein, without our prior written permission. All comments, feedback,
suggestions,
ideas, and other submissions disclosed, submitted, or offered to us in connection with the use of the
Services
is the exclusive property of YOUZU GROUP. You agree that we may use, sell, exploit and disclose any of your
comments in any manner, without restriction and without compensation to you.
Intellectual Property Rights of Others
All trademarks, service marks, and trade names associated with the products or services that appear on or
are
referenced in this Site are the exclusive property of their respective owners.
All other product names and logos are the trademarks of their respective owners. In addition, other images,
logos, pictures or other material may be trade names or registered trademarks of their respective owners,
and
may be protected by international copyright laws. We grant no right to copy or use any of these materials.
Virtual Currencies and Goods
The Services may include virtual game currency (“Virtual Currency”), including, but not limited to currency,
points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated
with
this Site, that may be acquired for real world money if you are a legal adult in your country of residence.
The
Services may also include virtual vehicles, equipment, points, standings, rankings, ratings, or any other
digital items appearing in, originating from or associated with this Site (“Virtual Goods”) that may be
purchased from YOUZU GROUP for real world money or exchanged for Virtual Currency.
YOUZU GROUP have the absolute right to administer, control, modify, adjust, and eliminate any Virtual
Currency,
Virtual Goods, or any other attributes associated with use of our Services or this Site in its sole
discretion,
with or without notice, and without liability to you or anyone else. You have a limited, personal,
revocable,
non-transferable, non-sublicenseable license to use the Virtual Goods and Virtual Currency in our Services
and
this Site. However, you have no intellectual property right or license right or title in or to any Virtual
Currency, Virtual Goods or any other attributes associated with use of the Services or this Site; your right
to
buy a certain volume of Services or Virtual Goods by paying with Virtual Currency shall remain unaffected.
Regardless of the means of transfer, the direct or indirect redemption or transfer of Virtual Goods and
Virtual
Currency for real world money, goods or other items of value by or from any party is strictly prohibited
except
where expressly authorized within the Services. Any attempt to do so is in violation of these Terms and may
result in an immediate termination of your user Account and access to the Services, as well as possible
legal
action.
Any purchases of Virtual Goods or Virtual Currency by you from YOUZU GROUP are final. No refunds will be
given,
except in the sole discretion of YOUZU GROUP. If your user Account or your use of this Site is terminated or
suspended for any reason, or if we permanently discontinue the Services or this Site for any reason, then
those
amounts all of your Virtual Goods and Virtual Currency for which you have not paid in real money will be
immediately forfeited.
Your Content
The Services may allow or invite you to chat or participate in blogs, message boards, online forums and
other
functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute or broadcast content and materials to YOUZU GROUP to or through this Site, including,
without limitation, text, writings, graphics, comments, forum posts, chat posts, communications, messages,
profiles, personally identifiable information, suggestions, links, e-mails, music, sound, graphics, images,
pictures, video, software, technology, code and other material and information perceived, made available, or
emanating to and/or from the Services (collectively, “Content”). Content may be provided by you or third
parties, and also includes any feedback, comments, or suggestions you may provide regarding the Services,
other
Content, or this Site, including any responses provided through user surveys.
You agree that your Content is wholly original to you and you exclusively own the rights to your Content,
including the right to grant the rights and licenses described in these Terms, without YOUZU GROUP incurring
any
obligations or liability to third parties arising out of its exercise of the rights granted by you. You have
sole legal responsibility for your Content. We do not pre-screen any Content posted by anyone and we are not
responsible for your Content. We have no obligation to monitor or enforce any intellectual property rights
that
may be associated with your Content.
You agree that you will only upload to, distribute, transmit, publish or post through this Site or through
our
Services Content that does not infringe the intellectual property rights of any third parties; is not
indecent,
libelous, defamatory, obscene, harmful, threatening, abusive, vulgar, harassing, sexually explicit, or
otherwise
offensive or objectionable; does not contain expressions of hatred, bigotry, or racism; does not constitute
or
encourage a criminal offense; is not embarrassing, unwanted, or invasive of another’s right of privacy or
right
of publicity; and does not violate the rights of any party or violate any laws.
YOUZU GROUP have no obligation to accept, display, review, monitor, distribute, store, maintain or delete
any
Content that you submit or post. We reserve the right, in our sole discretion, to refuse to post, delete or
remove any Content that you posted to this Site without notice for any reason at any time. We may also move,
re-format, distort, obscure, edit, modify or alter any Content without notice to you and without liability.
Our Rights to Content
You grant to YOUZU GAMES HONGKONG LIMITED and its affiliates the unrestricted, unconditional, unlimited,
worldwide, irrevocable, sublicensable, transferable, perpetual, fully-paid, and royalty-free right and
license
to host, use, copy, distribute, reproduce, disclose, sell, resell, transfer, sublicense, display, perform,
transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive,
store,
cache, use, practice or otherwise exploit in any manner and for any purpose, all or any portion of your
Content
to which you have contributed, in any and all formats, on, with or through any websites or other media,
software, formula, technology or devices now known or hereafter developed, and in any advertising, marketing
or
promotional materials produced by us, our sponsors or affiliates. To the greatest extent permitted by law,
you
waive any moral rights or rights of publicity or privacy you may have in and to your Content.
If, for any reason, you are deemed to have retained, under applicable law, any right, title or interest in
or to
any portion of your Content, you agree to and hereby do assign to YOUZU GROUP all of your right, title and
interest in and to your Content, without additional consideration, under applicable patent, copyright, trade
secret, trademark and other similar laws or rights, in perpetuity.
Posting on Other Sites
Subject to your acceptance of and full compliance with these Terms, YOUZU GROUP grant to you a limited
revocable
license to post an image of your own virtual vehicle, game character, screen shot from your Account, or any
other Content that we specifically authorize to be posted on other websites, including your own personal
website, so long as the website complies with all applicable laws, does not obtain any rights to such
Content
other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights
of
a third party (“Authorized Web Site”). An Authorized Web Site may not be competitive with, and may not
criticize, ridicule or disparage in any manner the Services, this Site, YOUZU GROUP, or its sponsors or
affiliates, their products, services, or web sites; may not charge a fee for access to such Content; may not
post, publish, distribute, disseminate or facilitate any content that infringes the intellectual property
rights
of any third parties; is indecent, libelous, defamatory, obscene, harmful, threatening, abusive, vulgar,
harassing, sexually explicit, or otherwise offensive or objectionable; contains expressions of hatred,
bigotry,
or racism; constitutes or encourages a criminal offense; is embarrassing, unwanted, or invasive of another’s
right of privacy or right of publicity; or violates the rights of any party or violates any laws.
Sponsor and Other Linked Websites
This Site may include hyperlinks to the websites operated by third parties, including sponsors, advertisers,
and
content providers. These websites may collect data or solicit personal information from you. Any website
links
are provided to you as a convenience only. YOUZU GROUP make no representations or warranties, and do not
endorse
any content, goods or services provided by any other party’s website that may be linked from this Site,
whether
or not they are sponsors. We do not control these websites and we are not responsible for their content, any
claims relating to their goods, services, privacy policies, or for the collection, use or disclosure of any
information those websites may collect.
User Account and Password
The Services may be offered to you through a social networking website through which you may access this
Site,
provided that you are in compliance with the policies or terms of use/service of the social networking
website.
You may be able to use your user account or user ID of the website through which the Services are made
available. Alternatively, you may be required to open an account (“Account”) directly with YOUZU GROUP by
completing the registration process and providing true, accurate, current and complete information about
yourself ( “Registration Data”). You agree to promptly update the Registration Data, which may include a
current
email address. If you have more than one Account on a social networking website, you may not access the
Services
from more than a single Account. If you provide any information that is untrue, inaccurate, not current or
incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not
current
or incomplete, we reserve the right to suspend or terminate your current or future use of the Service. We
also
reserve the right to terminate your Account if it has been inactive for more than 180 days.
Some Services may require you to create a password, user name or persona to set up your Account. You may not
use
a password, user name or persona that is used by someone else; is indecent, libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; that contains expressions
of
hatred, bigotry, racism, pornography, or is otherwise objectionable; that infringes any trademark or other
proprietary rights of others, violates the rights of any party, or violates any laws; or that is used in any
way
that otherwise violates these Terms. You may not impersonate another person or user, attempt to get a
password,
other account information or other private information from a user, or collect or harvest email addresses or
other information.
You are responsible for maintaining the confidentiality of your Account information (including passwords and
user name) and are responsible for any and all activities that occur under your Account. You are also liable
for
any losses or damages incurred by YOUZU GROUP, any other users of the Services, or any other parties
resulting
from someone else using your Account, with or without your knowledge. You must notify us immediately of any
unauthorized use or theft of your Account or other breach of security. Your Account may be terminated if
someone
else uses it to engage in activity that violates these Terms or is otherwise improper or illegal.
You may not use anyone else’s Account, password, user name, or persona, and you may not purchase, sell,
trade,
rent, lease, license, grant a security interest in, transfer to or allow any other person to use your
Account,
password, user name, persona, Virtual Currency, Virtual Goods (including virtual vehicles, equipment,
points,
standings, rankings, ratings, or any other digital items appearing in, originating from or associated with
this
Site).The site will not be responsible for any problem or conflict caused by account sharing.
Purchases and Paying for Charges
You may be required to pay for certain Services, including an exchange for Virtual Currency, a purchase of
Virtual Goods, and upgrades. You must have a valid Account to pay for and participate in these Services. You
are
responsible for all charges and usage on your Account, including applicable taxes, including all purchases
made
by you or anyone that uses your Account.
You may pay using the methods available for the particular Services, including credit card, debit card,
PayPal,
or other similar accounts, and you agree to the terms and conditions applicable to each payment method you
choose. When you provide credit card or other payment information, you represent that you are the authorized
user of the credit card or other payment method. You must provide current, complete, and accurate
information
for your billing account. You must promptly update all information to keep your billing account current,
complete, and accurate (such as a change in billing address, credit card number, or credit card expiration
date), and you must promptly notify us if your credit card is canceled, lost or stolen. We may use a third
party
credit card updating service to obtain current expiration dates on credit cards provided by you. Customers
who
use a payment method other than credit card may incur an additional payment processing fee.
Rules of Conduct: Your Responsibilities
You are legally responsible and liable for all of your activities using the Services and this Site. You
agree to
follow posted forum guidelines and code of conduct within game, fan page, and any official YOUZU GROUP
websites.
Your use of the Services and this Site is governed by the following Rules of Conduct which are maintained
and
will be enforced by YOUZU GROUP. The Rules of Conduct are illustrative only and are not meant to be
exhaustive.
We reserve the right to determine what additional conduct may be a violation and to take appropriate action
as
we consider necessary, including termination of your Account and exclusion from further participation in the
Services. We reserve the right to modify the Rules of Conduct at any time to the extent this is in view of
any
remuneration paid for a Service or feature by you just and reasonable. By accessing and using the Services,
you
agree that you will not engage in, attempt or encourage any of the following activities:
No disruptive use
Cheat, or use, launch, develop, or distribute any spider, “bot,” “macro,” or other “cheat utility”
software
program or applications which are designed to cheat, hack, crack, interfere with, disrupt, or modify the
intended operation and experience of the Services;
Upload, disseminate or transmit files that contain viruses, Trojan horses, worms, time bombs, spyware,
adware, cancelbots, corrupted files or data, or any other similar invasive software or programs designed
to
damage, interrupt, destroy, or limit the functionality or disrupt the operation of the Services, any
software, hardware, telecommunications, networks, servers or other equipment, or other users’ computers,
or
that launches any unauthorized script or other software;
Disrupt, attempt to, or otherwise assist in the disruption of any computer used to support the Services
or
any other party’s uninterrupted use and enjoyment of the Services;
Interfere with or circumvent any security feature of the Services or any feature that restricts or
enforces
limitations on use of or access to the Services;
Restrict, disturb, disrupt or inhibit any other user from using or enjoying the Services, for example,
by
repeatedly posting the same message or excessive posts within chat rooms (“flooding”), disrupting the
flow
in chat rooms by hitting the return key repeatedly, inputting excessively large images so the screen
goes by
too fast to read, using of excessive “shouting” (all caps), or “spamming”;
No commercial use
Reproduce, transmit, sell, use or exploit the Services or this Site for commercial purposes that are not
expressly authorized in these Terms, including use as a cyber café, computer gaming center, network play
over the Internet, gaming network, or connection to an unauthorized server that emulates the game
experience;
Use the Services or this Site to advertise, market, or promote any goods, services, website, pyramid
scheme,
or other multi-tiered marketing scheme; solicit funds or goods; or solicit anyone to join or become a
user
of any other website or other organization;
Post messages for any purpose other than personal communication as an individual user, including
advertising
or promotional messaging, chain letters, surveys, contests, chain letters, junk email, spam, other
unsolicited messages, or other commercial activities;
Purchase, sell, trade, rent, lease, license, grant a security interest in, transfer to or allow any
other
person to use or access your Account, password, user name, persona, Virtual Currency or Virtual Goods,
whether or not in exchange for real currency or items of monetary value; or offer, advertise, market, or
promote any of the foregoing;
No fraudulent use
Use the Services or this Site for fraudulent transactions or for any purpose that violates any
applicable
federal, state, local, or foreign laws, regulations, ordinances or treaties;
Impersonate another person or user, create a false identity, trick, defraud or mislead YOUZU GROUP or
any
users, for any purpose, including misleading others to attempt to access an Account, user name,
password,
persona, Virtual Currency or Virtual Goods, or any personal information about a user;
Create an Account based on information that is untrue, inaccurate, not current or incomplete;
Make improper use of YOUZU GROUP support services or submit false reports of abuse or misconduct;
Disguise or mislead any person as to the source of your Content or other information you submit or use
tools
which anonymize your internet protocol address (e.g. anonymous proxy) to access the Services or this
Site;
Collect, gather, harvest (in an automated manner or otherwise), disclose, reveal or use in any manner
the
Account, user name, password, persona, Virtual Currency or Virtual Goods, or any personal information
about
another individual, including address, phone number, e-mail address, credit card number, or any
information
that may be used to track, contact or impersonate the individual;
No unauthorized use
Host, or intercept, emulate or redirect the proprietary communication protocols used by YOUZU GROUP in
connection with the Services and this Site, regardless of the method used, including protocol emulation
and
reverse engineering, or create derivative works of the Services or this Site, in whole or in part;
Copy, reproduce, translate, reverse engineer, modify, disassemble, decompile, reverse assemble, or
attempt
to discover any software (source code or object code) related to the Services and this Site;
Modify, impair, disrupt, alter or interfere with the use, features, functions, operation or maintenance
of
the Services and this Site, including adding unauthorized components or modifying this Site or the
online
game experience;
Use any third-party software or other means that intercepts, mines or otherwise collects information
from or
through this Site;
Frame or otherwise impose editorial comment, commercial material or any information on this Site, or
cover,
remove, obliterate, obscure or obstruct any notice, banner, advertisement, proprietary notices or
labels, or
any portion of the Services or this Site;
Remove, obscure, or alter notices of copyright, patent, trademark, or other proprietary rights affixed
to
any Content or this Site;
Sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt,
create
derivative works from, or otherwise make unauthorized use of any Content;
Attempt to use the Services or this Site on or through any service that is not controlled or authorized
by
YOUZU GROUP; and Violate these Terms, any other applicable agreement or terms governing the access or
use of
the Services (including the terms of use of any social networking website through which the Services may
be
accessed), or any federal, state or local, or international law, regulation, ordinance, or treaty.
Changes to Terms of Use
We reserve the right to change these Terms in any way and at any time. We will attempt to give you advance
notice of any change in these Terms by posting on this Site, and by sending a message informing you of the
modified terms with a link to the posting on this Site. However, we reserve the right to make changes
immediately, as appropriate determined in our sole discretion. You agree to periodically check this Site for
new
information and terms that govern your use of the Services and this Site, and to read any changes to these
Terms. Using our Services after any changes to these Terms become effective constitutes your acceptance of
the
new Terms. If you do not agree to these Terms or any future changes to these Terms, you do not have
permission
to use the Services and you must immediately discontinue any further use this Site.
Terminating Your Account
We reserve the right to terminate or suspend your Account or your access to any or all of the Services at
any
time and for any reason, including a violation or breach of these Terms. In any case, we will notification
of
termination if you have registered with our Services beforehand; this also applies if we elect to
immediately
terminate any and all of your Accounts for cause. You acknowledge that YOUZU GROUP are not required to
provide
you notice before terminating your Account. If we terminate your Account, you will lose access to your
Account,
password, user name, persona, and you will forfeit all related entitlements, including those amounts of
Virtual
Currency for which you have not paid in real money, Virtual Goods (including virtual vehicles, equipment,
points, standings, rankings, ratings, or any other digital items appearing in, originating from or
associated
with this Site). You agree that these Terms will survive the termination of your Account for any reason.
Services Provided “As-Is”
The Services and this Site are provided on an “AS IS” and “AS AVAILABLE” basis, without warranty of any
kind,
and subject to all risks. You agree that your access and use of the Services is at your own risk. You assume
all
risks that the Services and this Site are suitable, accurate for your needs, and will be uninterrupted,
timely,
secure, or error-free. Any software or applications downloaded from this Site are at your own risk, and you
are
solely responsible for any loss of data, ISP disruption, software or hardware failures, or damage to your
computer. The entire risk of satisfactory quality, performance, accuracy and experience in connection with
the
Services and this Site is borne by you.
No Warranties of Any Kind
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT (EXCEPT TO THE EXTENT
PROHIBITED UNDER APPLICABLE LAWS).
Limitation of Liability
YOUZU GROUP PROVIDE THE SERVICES AND THIS SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE
THAT
YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES OR THIS SITE AT ALL TIMES OR ALL LOCATIONS, OR THAT WE WILL
HAVE
ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND
EXCLUSIVE
REMEDY
FOR ANY DISPUTE WITH YOUZU GAMES HONGKONG LIMITED ITS RELATED OR AFFILIATED COMPANIES, SUBSIDIARIES,
SPONSORS,
PARTNERS, CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS AND OTHER PARTIES AFFILIATED WITH THE
SERVICES
OR THIS SITE, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, PARENT COMPANIES, OFFICERS,
DIRECTORS,
EMPLOYEES, AGENTS, AND ATTORNEYS (COLLECTIVELY, “YOUZU GAMES HONGKONG LIMITED”) IS TO STOP USING THE
SERVICES,
AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE YOUZU GROUP ARE NOT LIABLE FOR ANY ACT OR
FAILURE
TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF
THIS
SITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY
AND
ALL
DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR THIS
SITE
UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR
BREACH
OF
WARRANTY, BREACH OF CONTRACT OR TORT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE YOUZU GROUP BE LIABLE TO YOU OR
ANYONE
ELSE FOR ANY DIRECT, 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 THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH
DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE YOUZU GROUP ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO
HOLD
THE
YOUZU GROUP LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND
OPERATORS OF
SOCIAL NETWORKING WEBSITES OR MOBILE VERSIONS THEREOF THROUGH WHICH THE SERVICES OR THIS SITE ARE MADE
AVAILABLE, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE
FOREGOING
RESTS
ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) LOSS OR INABILITY TO USE THE
SERVICES
FOR ANY REASON, INCLUDING COMPUTER FAILURE, MALFUNCTION, ERROR, DEFECT, DELAY IN OPERATION OR
TRANSMISSION;
(B)
THE LOSS OR DAMAGE TO ACCOUNTS, USER ACCOUNT INFORMATION AND OTHER DATA, VIRTUAL CURRENCY OR VIRTUAL
GOODS,
(C)
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, OF ANY CONTENT, INFORMATION OR OTHER
MATERIAL
PRESENTED ON THIS SITE; (D) THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY
CONTENT,
INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE; OR (E) INTERRUPTION OF THE SERVICES FOR ANY
REASONS,
INCLUDING ANY NETWORK OR TELECOMMUNICATION LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS,
COMPUTER
EQUIPMENT OR SOFTWARE, TRAFFIC CONGESTION ON THIS SITE, THE INTERNET OR ANY OTHER WEBSITE, OR ANY OTHER
EVENT
WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF THE SERVICES; AND (F) ANY VIRUSES, CORRUPTED FILES
OR
PROGRAMS, WORMS, TROJAN HORSES, OR OTHER CODE OR OTHER HARMFUL COMPONENTS WITH CONTAMINATING OR
DESTRUCTIVE
EFFECTS.
UNDER NO CIRCUMSTANCES WILL THE YOUZU GROUP BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID
YOUZU
GROUP
IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of
liability
for consequential or incidental damages, so the limitations above may not apply to you.
Indemnification by You
You agree to defend, indemnify and hold the YOUZU GROUP harmless from and against any claim, liability,
loss,
injury, damage, cost, or expense, including attorneys’ fees and costs, incurred by any of the YOUZU
GROUP,
arising out of or resulting from your access or use of the Services and this Site in your breach or
alleged
breach of any term, condition, obligation, representation or warranty contained in these Terms; any
Content
posted, transmitted or provided by you or on your behalf; your violation of any third party’s
intellectual
property or other legal rights; and the illegal or improper use of your Account.
Limitations Period for Making Claims
Regardless of any statute or law to the contrary, you agree that you will not initiate any legal action
against
any of the YOUZU GROUP rising out of or related in any way to your access or use of the Services, this
Site,
these Terms, the Privacy Policy, or any related matter, more than one year after such cause of action
accrues
that is the basis of your legal action.
Injunctive Relief
You acknowledge and agree that the rights granted to you and your obligations to YOUZU GROUP under these
Terms
are unique and irreplaceable in nature, and the loss of which will irreparably harm YOUZU GROUP and
cannot
be
compensated by monetary damages alone. You agree that the YOUZU GROUP shall be entitled to injunctive or
other
equitable relief (without the obligations of posting any bond or surety) in the event of any breach or
anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable
relief
and
agree to limit your claims to monetary damages only.
Governing Law and Jurisdiction
This Terms of Use Agreement and all aspects of the Services and this Site shall be governed by, and
enforced
and
construed in accordance with international laws which govern contracts entered into and to be fully
performed
in, without regard to any principles referring to the laws of another state or jurisdiction. You agree
not
to
commence or prosecute any action in connection therewith other than in the appropriate federal or state
court
located in Hong Kong, China and you hereby consent to, and waive all defenses of lack of personal
jurisdiction
and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located
in
Hong
Kong.
Making Copyright Infringement Claims
We will investigate notices of copyright infringement, and take appropriate actions under the Digital
Millennium
Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). DMCA provides recourse to copyright owners who believe
that
their
rights under the International Copyright Act have been infringed by acts of third parties over the
Internet.
If
you believe that your copyrighted work has been copied without your authorization and is available on or
in
this
Site in a way that may constitute copyright infringement, you may provide notice of your claim to our
designated
agent listed below.
For your notice to be effective, it must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right
that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Site;
Information reasonably sufficient to permit the service provider to contact the complaining party, such
as
address, telephone number, and, if available, an e-mail address at which the complaining party may be
contacted;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the
copyright
owner, its agent, or the law; and A statement that the information in the notification is accurate and,
under
penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive
right
that is allegedly infringed.
Export Control Laws
The software (“Software”) related to the Services and this Site may be subject to export controls of
United
States and other jurisdictions. By downloading the Software, you represent and warrant that you are not
located
in any country and are not exporting the Software to any person or place, that is prohibited by
applicable
laws
of the United States or any other jurisdiction. You agree to comply with all applicable export control
laws
and
not to transfer, by electronic transmission or otherwise, the Software or any Content subject to
restrictions
under such laws to any person or destination prohibited by such laws, without first obtaining, and then
complying with, any requisite government authorization. You further agree not to upload to the Services
or
this
Site any content, data or software that cannot be exported without prior written government
authorization,
including, but not limited to, certain types of encryption software.
Laws of Other Jurisdictions
YOUZU GROUP operate and control the Services and this Site from locations within Hong Kong. We make no
representation that the Services or this Site is or will be appropriate or available in any other
locations.
The
Services and this Site are not intended for distribution to or use by any person or entity in any
jurisdiction
or country where such distribution or use would be contrary to law or regulation or which would subject
YOUZU
GROUP to any registration requirements within such jurisdiction or country. Anyone who accesses or uses
the
Services or this Site from outside Hong Kong does so at his or her own risk, and is legally responsible
to
comply with any applicable federal, state, local, or international laws, regulations, ordinances or
treaties.
Data Collection
You may be required to open an Account directly with YOUZU GROUP by completing the registration process
and
providing true, accurate, current and complete information about yourself. The Services may also be
offered
to
you through a social networking website through which you access this Site. Information collected from
you
is
subject to the social networking website’s policies. By accessing or using a game, application, or
activity
on
this Site, you may be granting the social networking website permission to share your e-mail address and
any
other personally identifiable information with us.
By accessing and using the Services or this Site, our servers automatically collect and store certain
information about you, including the name of the domain from which you accessed the Internet, the date
and
time
you accessed this Site, the Internet address of the web site you used to link to this Site, your IP
address,
hard drive serial number, browser type and language. We use this information for authentication, copy
protection, account blocking, as well as system, rules, game management and other purposes. We may also
use
software programs to gather and assess certain information, including the number of visitors to
different
sections of this Site, what information is of most and least interest, the need for technical design
specifications, and to identify system performance or problem areas. For website security purposes, and
to
ensure that this Site remains available to all users, we also use software programs to monitor network
traffic
to identify unauthorized attempts to upload or change information, or otherwise cause damage. Finally,
we
may
use built-in tracking features or a technology known as “cookies” to send a small file to your computer
that
uniquely identifies your browser to obtain information regarding your use of this Site.
By accessing and using the Services and this Site, you consent to our collection and use of your
personal
information, including the transfer of this information internationally for storage, processing and use
by
YOUZU
GROUP and its affiliates. In addition, as part of the Services, we may provide you with certain
communications,
such as service announcements and administrative messages.
Third-Party Data Collection and Use of End-User Information
When you use or connect to a YOUZU GAMES website or download a YOUZU GAMES mobile application by or
through
a
Third Party Platform—including Facebook—you allow us to access and/or collect certain information from
your
Third Party Platform profile/account. You additionally allow us to access information contained in
cookies
placed on your device by the Third Party Platform as permitted by the terms of your agreement and
privacy
settings with the Third Party Platform. We may share this information with the Third Party Platform for
their
use as permitted by the terms of your agreement and privacy settings with the Third Party Platform. We
will
share some of the information we collect from you with vendors and other service providers who work with
us
to
support the internal operations of our website and/or mobile application. For example, we use a
third-party
service for ad tracking and to help us prepare website and mobile application analytics.
Our third-party ad tracking and analytics company never sends emails, notifications, or other
communications
to
our end users. If you would like to opt out of third-party ad tracking and analytics, please visit here.
Your
choice to opt out of ad tracking and analytics services does not limit our ability to email you or
collect
other
information from you for other vendors, subject to the terms of this privacy policy.
Privacy
YOUZU GROUP respects your privacy. You acknowledge and agree that the Privacy Policy, including the
manner
in
which we collect, use and disclose your personally identifiable information, is incorporated and made
part
of
these Terms. If you do not agree with the Privacy Policy, you do not have permission to use the Services
and
you
must immediately discontinue use of all Services and this Site.You can click on Privacy
Policy to
see more information about how we collect and manage your data.
Entire Agreement
The Terms of Use (including the Privacy Policy which is incorporated by this reference), as well as any
specific
rules, guidelines or instructions regarding a particular game, application or activity, constitute the
entire
agreement between you and YOUZU GROUP relating to the Services and this Site, and supersede all prior
agreements
or understanding regarding this subject matter. You agree that these Terms are not intended to confer
and do
not
confer any rights or remedies upon any person other than you and the YOUZU GROUP. If any of these Terms
is
determined to be unlawful, invalid, or unenforceable for any reason, then that provision will be
disregarded
and
will not affect the lawfulness, validity and enforceability of any remaining provisions. You waive all
defenses
you may have based on the electronic form of these Terms and that you did not manually signed these
Terms.
If we
fail to act with respect to a breach of any of these Terms by you or others, our failure does not waive
our
rights to act with respect to any later or similar breaches.
We updated our Terms Of Service and Privacy Policy recently, please spare a few minutes to read details. Term Of ServicePrivacy Policy