Terms of service (the “Terms”) govern your access to and use of YOUR GAMES services, therefore we kindly ask you to carefully read them when visiting YOUR GAMES website, before you register, download, install and use the YOUR GAMES services, which include YOUR GAMES (online/mobile) games, the YOUR GAMES software, YOUR GAMES mobile applications (“App”) and any services that YOUR GAMES (“YOUR GAMES LIMITED”, “we”, “us”, “our” or “ YOUR GAMES”) provides through our software, applications or otherwise (all of which collectively are referred to as the “ YOUR GAMES Services/Services”).
Please note that the Terms constitute a binding legal agreement between you and YOUR GAMES. By visiting the website, registering for, installing and/or using the YOUR GAMES Services on any platform or device, you agree to be bound by these Terms. It is only under these Terms that YOUR GAMES allows visitors / users (the “User/Users”) to use YOUR GAMES Services. If you do not agree to these Terms or any provisions hereof, please do not install and do not use YOUR GAMES Services.
By using YOUR GAMES Services, you agree to the whole Terms including all of the said general provisions incorporated by reference.
1. CONSENT
By visiting the website, downloading the App, or otherwise using the YOUR GAMES Services, you indicate your agreement to be bound by these terms. If you do not agree with these terms, you must not use the YOUR GAMES Services, and uninstall the App if you have already downloaded it.
2. PRIVACY POLICY
Our Privacy Policy is part of and is governed by these Terms. By agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
3. UPDATES TO THESE TERMS
YOUR GAMES may modify the Terms at its sole discretion from time to time for any or no reason without notice or liability. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the YOUR GAMES website.
You are obliged to ensure that you are familiar with the most current wording of the Terms. If you do not agree with the proposed changes, you should discontinue your use of the YOUR GAMES Services and uninstall the App. If you continue using the YOUR GAMES Services after the new terms take effect, you will be bound by the modified Terms.
4. AFFIRMATIVE REPRESENTATIONS
When you use the YOUR GAMES Services, you represent that:
(1) your use of the YOUR GAMES Services does not violate any applicable law or regulation as well as any third party’s rights;
(2) you are 18 years of age or older;
(3) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms; and
(4) the information you provide to us is true, accurate, current and complete.
5. INTELLECTUAL PROPERTY RIGHTS
The YOUR GAMES Services and the trademarks, service marks, and logos contained on the YOUR GAMES Services, are owned by or licensed to us and are subject to copyright and other intellectual property rights under the laws of Hong Kong. The YOUR GAMES Services are for your information and personal use only and not for your or third party’s commercial exploitation or for any illegal purposes under applicable laws and/or regulations.
We reserve all rights, including without limitation, intellectual property rights and other rights, in and to the YOUR GAMES Services. If you download or print a copy of the YOUR GAMES Services for your own personal use, you must retain all trademarks, copyrights and other proprietary notices contained in and on the YOUR GAMES Services.
You agree that YOUR GAMES will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property rights and those of its licensors including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you.
6. RECURRING PAYMENTS FOR PAID SERVICES
You may choose whether to use the free YOUR GAMES Services or premium YOUR GAMES Services (the “Paid YOUR GAMES Services”). Whether you choose to use the free YOUR GAMES Services or the paid YOUR GAMES Services, YOUR GAMES may deliver third-party advertisements to you.
The Paid YOUR GAMES Services may provide subscription services and subscription period (“Subscription Period”) may include annual subscriptions, semi-annual subscriptions, monthly subscriptions or subscriptions of other period. The start or termination of the subscription services must be done through third party platforms.
When you purchase a subscription to YOUR GAMES’s Paid YOUR GAMES Services in connection with your use of YOUR GAMES App, YOUR GAMES will automatically renew your subscription to the Paid YOUR GAMES Services at the end of its initial term and at the end of each term thereafter. The renewal term will be for the same period of time as the initial term. This period of time is known as the Subscription Period.
Upon automatic renewal of each Subscription Period, the subscription fees will be automatically deducted from the payment method provided by you. All subscription fees paid upon initial subscription and deducted upon renewal of each Subscription Period is non-refundable. Taxes may apply on the subscription fees. You agree to pay for the subscription that you select for the Paid YOUR GAMES Services and you authorize us to automatically charge the payment method that our service providers have on file for your recurring payments.
If the payment method we have on file for you is declined for payment of your Paid YOUR GAMES Services subscription fees, we may retry the payment method at the same or lower rate. If we do not obtain payment, your Paid YOUR GAMES Services subscription will be canceled. If you provide us with a new method of payment and are successfully charged within 30 days after the renewal date or within a shorter period provided that the Subscription Period is less than 30 days, your new Paid YOUR GAMES Services subscription term will be based on the original renewal date and not the date of the successful charge.
You are responsible for canceling your subscription regardless of whether you receive any notice from YOUR GAMES about the renewal of that subscription. In the event that your payment method expires prior to the renewal date of your subscription, you are responsible for updating a new payment method in your YOUR GAMES account before the renewal date of your subscription to the Paid YOUR GAMES Services. To the fullest extent permitted by law, YOUR GAMES makes no representations or warranties about the continued availability of any particular form of payment method made available for the use with the YOUR GAMES Services.
Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand your Paid YOUR GAMES Service subscription will be automatically renewed periodically and you authorize us to collect the applicable service subscription fees plus any applicable taxes, using any payment method we have on record for you.
YOUR GAMES currently uses third-party e-commerce payment processors. Our third-party e-commerce payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party e-commerce payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may, but are not required to, pay certain fees at our sole discretion. To the fullest extent permitted by law, YOUR GAMES disclaims all liability with regard to any fees or problems you have with third-party payment processors.
7. GAME RESOURCE
You may or may not have to pay any access fee to us to use the Services. We may, at our sole discretion, allow you to use the YOUR GAMES Services with the free game resource (“Free Game Resource”) which refers to the basic game items and other items as we may decide and may also suspend or terminate your access to the Free Game Resource from time to time at our sole discretion without any liabiity to you whatsoever. If you want to pay the Premium Fee, which is not refundable in whole or in part, for permission to play the premium game resource, where you will be given access to Premium Game Resource, e.g. game points and/or game currency and/or game items etc., the Premium Fee paid by you will provide you the access to play the premium game resource for a period of one (1) month from the date of purchase, after which, we may, in our sole direction at any time, terminate the Services under this Agreement. As long as we continue to provide the Services to the public, we will not expire your access to Premium Game Resources, unless you violate any term of this Agreement.
8. LICENSE
(1) YOUR GAMES grants each User a non-exclusive, non-transferable, non-sharable, revocable and limited license to use the YOUR GAMES Services for non-commercial purposes. Users are prohibited from reverse engineering, decompiling or disassembling the App or attempting to gain access to the source code of the App except and only to the extent that it is expressly permitted by the applicable law. To the extent that the applicable law permits contractual waiver of such rights, you hereby waive your rights to do so.
(2) Each User is prohibited from transferring or assigning the YOUR GAMES Services or these Terms and/or any rights or obligations hereunder without the prior written consent of YOUR GAMES.
(3) Your rights under these Terms will be automatically terminated if you breach any of your material obligations under these Terms.
(4) Promptly after any termination of these Terms, you will destroy all copies of App and uninstall the App from your device(s).
(5) All rights not expressly granted are reserved.
9. PROHIBITED AND RESTRICTED USES
Your access to and use of the YOUR GAMES Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, at our sole discretion, with or without notice, to terminate the accounts of, and block access to the YOUR GAMES Services to any Users who infringe any applicable laws or these Terms.
While using the YOUR GAMES Services, you agree not to, and agree not to assist, encourage, or enable others to use the YOUR GAMES Services:
（1）for unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited e-mail or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited, military and dual use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, intellectual property infringements and other similar activities;
（2）to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through YOUR GAMES Services;
（3）to exploit children in any way, including audio, video, photography, digital content, etc.;
（4）to upload or distribute any files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
（5）to interfere with or attempt to interfere with the proper working of the YOUR GAMES Services, any transactions being offered in connection with the YOUR GAMES Services or any other activities conducted by us, disrupt our website or any networks connected to the YOUR GAMES Services, or bypass any measures we may use to prevent or restrict access to the YOUR GAMES Services;
（6）to exploit the YOUR GAMES Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
（7）To use any robot, spider, scraper, or other automated means to access our website or YOUR GAMES Services for any purpose without our prior written permission;
（8）to collect or harvest personal information about other Users of the YOUR GAMES Services;
（9）to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
（10）to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
（11）to share any data or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you;
（12）to represent that you are the representative or agent of any of the YOUR GAMES Services, including any of its functionality;
（13）to incorporate the YOUR GAMES Services or any portion thereof into any other program or product;
（14） to copy or reproduce, in any form or by any means, any part of the YOUR GAMES Services and/or App;
（15）to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the YOUR GAMES Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the YOUR GAMES application or any portion thereof;
（16）to violate general ethic or moral norms, good customs and fair conduct norms;
（17）to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
（18）to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
（19）to attempt to manipulate the YOUR GAMES name, Services;
（20）to solicit or harvest personal information from or communicate with minors;
（21）attempt to gain unauthorized access to the YOUR GAMES Services, user accounts, computer systems or networks connected to the YOUR GAMES Services through hacking, password mining, brute force or any other means;
（22）to use the YOUR GAMES Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
（23）to otherwise infringe or circumvent these Terms.
10. DISCLAIMER OF WARRANTIES
Reasonable efforts are taken to improve the accuracy and integrity of the YOUR GAMES Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the YOUR GAMES Services, or any functionality comprising a part of the YOUR GAMES Services at any time with or without notice. In no event will we be liable for making these changes. As a registered User in good standing, you may be provided with limited Services by YOUR GAMES. We do not warrant, and will not have any liability or responsibility for your use of YOUR GAMES Services or other services we provide. We may also impose limits on the use of or access to the YOUR GAMES Services, for any reason and without notice or liability. Our website and Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE YOUR GAMES SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE YOUR GAMES SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE YOUR GAMES SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE YOUR GAMES SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE YOUR GAMES SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE YOUR GAMES SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE YOUR GAMES SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE YOUR GAMES SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, failures of your telecommunication or internet service providers, Force Majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, epidemic or pandemic, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
11. LIMITATION OF LIABILITY
There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the YOUR GAMES Services.
YOUR USE OF THE YOUR GAMES SERVICES IS AT YOUR OWN RISK. NEITHER YOUR GAMES NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE YOUR GAMES SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE THE LIABILITY OF YOUR GAMES SHALL NOT EXCEED WHAT THE CLIENT PAID TO YOUR GAMES, AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
12. GEORGRAPHICAL ACCESS
The YOUR GAMES Services are not geographically limited; however, we make no representations or warranties that the YOUR GAMES Services are appropriate for use or access in your location and jurisdiction.
You access and use the YOUR GAMES Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, at our sole discretion, the availability of the YOUR GAMES Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
13. ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically, e.g. by emails, App messages, etc. We may communicate with you through the email that you provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the YOUR GAMES Services, about any of our Services, or for such other purposes that are reasonable or required by applicable law.
14.TERMINATION
We may suspend for an indefinite period of time or terminate your access to any or all of the YOUR GAMES Services immediately without notice if: (i) we reasonably believe that you have breached these Terms, including the Privacy Policy, and/or any terms of service or privacy policy of any third party; (ii) your use of the YOUR GAMES Services creates risk for us or for other Users, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) you fail to use the YOUR GAMES Services for a prolonged period; or (iv) for any other reason.
If your access to the YOUR GAMES Services is suspended or terminated, you will lose all Game Resource and content of the YOUR GAMES Services and you shall not claim any refund from us for the fees you paid or for any compensation for unused Game Resource. We reserve the right to seek further remedies against you.
We reserve the right to terminate your access to the YOUR GAMES Services if you have been inactive for one hundred eighty (180) days and have never paid any Premium Fee (as defined above), without any liability whatsoever.
15. INDEMNIFICATION
YOU AGREE THAT YOU INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF THE YOUR GAMES SERVICES; OR (II) YOUR BREACH OF THESE TERMS (INCLUDING PRIVACY POLICY).
16. CHOICE OF LAW AND VENUE
These Terms are governed by and shall be construed and enforced under the laws of Hong Kong, without applying any conflicts of law principles that would require application of the law of any other jurisdiction.
These Terms contain provisions that govern how claims you and we may have against each other are resolved, including terms and obligations to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration.
Any dispute, controversy, difference or claim arising out of or relating to these Terms , including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The seat of arbitration shall be Hong Kong.
The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
17. MISCELLANEOUS
We reserve the right to modify, update, or suspend the operation of the YOUR GAMES Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
The Terms constitute an agreement between you and us regarding the use of the YOUR GAMES Services. You acknowledge that in entering into these Terms, you do not rely on, nor shall you have remedy in respect of, any statement or representation made by or on behalf of YOUR GAMES or made in these Terms.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
You may not assign or transfer your rights or obligations under these Terms to any third party.