Terms and Conditions
Effective: May 20, 20191. Regarding such Terms1.1 These Terms apply to your download of, access to and/or use of the Games of HK Forever9 Technology Co., Limited, whether on your computer or mobile device. Such terms also apply to any of our other services that we may provide in connection with the Games, such as customer support, social media (in such terms, we collectively refer to all of our Games and other services as "Services"). These terms are legal agreements and contain important information about your rights and obligations with respect to our Services.1.2 If you do not agree to these Terms or any future updates thereto, you may not access and/or use and must stop accessing and/or using any of our Services. If we require that any update of such Terms require you to take action to accept the updated Terms, then you should not continue to use the Services until you take such action.1.3 These Terms represent the legal agreement between you and HK Forever9 Technology Co., Limited.1.4 In these Terms, "Forever9", "we", "us" and "our" mean HK Forever9 Technology Co., Limited.1.5 By agreeing to access to and/or use of our Services, you agree to these Terms.2. Regarding access to and use of our Services2.1 Specific game rules, scoring rules, control methods and guidelines for each Game can be found in the Game. Such game rules, scoring rules, control methods and guidelines constitute a part of these Terms, and you agree to abide by the relevant rules of each Game you choose to access and/or play.2.2 You are responsible for the payment of Internet connection and/or mobile phone charges incurred in connection with your access to and/or use of our Services. If you are unsure of the billing rates for these charges, please consult your mobile operator or Internet service provider before accessing and/or using our Services.2.3 Our Services or any part thereof may become unusable from time to time, whether planned or unplanned, for technical or maintenance-related reasons.3. Account3.1 When using our Services, you may be required to choose to create an account with us, and in some cases you must. By creating an account with us, you agree that you will take all necessary actions to protect and keep your login information confidential.3.2 You agree not to provide your login information to any other person or allow any other person to use your login information or account.3.3 In these Terms, the term "Login Information" or "Account" includes your login information and account on any social network or platform on which you may allow interaction with our Services.3.4 By default, any person who logs into your account or uses your login information will be regarded as you or a person with your permission. If you fail to keep your login information properly or share your login information or account with others (whether intentionally or unintentionally), you will be solely liable for the consequences arising therefrom, including any unauthorized purchases, and you agree to indemnify us in full for any loss or damage that may arise therefrom.3.5 We shall not be held liable for any loss suffered by you as a result of unauthorized access to your account and/or use of our Services, nor shall we be held liable for any loss or damage arising out of any unauthorized use, whether by fraud or otherwise.3.6 You understand that if you delete your account, or if we delete your account in accordance with these Terms, you may not be able to access any data previously associated with your account (including but not limited to: Your progress in our Games and/or the levels or points you have reached in our Games and any virtual money or virtual goods associated with your account).4. Virtual goods and virtual money4.1 Our Games may include virtual money (hereinafter referred to as "Virtual Money") or goods or services that can be used in our Games (hereinafter referred to as "Virtual Goods"), or paid subscriptions for virtual money and/or virtual goods (hereinafter referred to as "Subscriptions"). You agree that the virtual money, virtual goods and/or subscriptions have no monetary value upon purchase and the virtual money and virtual goods will never be exchanged for real money, real goods or real services from us or anyone else.4.2 You agree that all sales of virtual money and/or virtual goods made by us to you are final sales, no refund will be made upon completion of any transaction, and active subscriptions can not be canceled during the subscription period. If you live in the EU, you have certain remote purchase revocation rights; However, please note that when you purchase a license for the use of virtual goods or virtual money from us, you acknowledge and agree that we will begin to provide you with such virtual goods or virtual money as soon as you complete the purchase transaction, and therefore you will loss the right to cancel at this point. For the purposes of this Article 4.3, a "Purchase" is completed when our system confirms your purchase and the corresponding virtual goods and/or virtual money are successfully deposited into your account on our server.4.3 We may change the price of virtual goods and virtual money and/or subscriptions offered through the Services at any time, provided that if you have an active subscription, such change will take effect only upon the termination of the current subscription period and your subscription will automatically terminate at the end of that subscription period. We may limit the total amount of virtual goods or virtual money that can be purchased at one time, and/or limit the total amount of virtual money or virtual goods that can be held in all of your accounts. You may purchase virtual money and virtual goods through the Services only from us or from our authorized partners, and may not obtain them through any other channels.4.4 Purchases of any virtual goods, virtual money or subscriptions are made through your platform provider, and such purchases are subject to their respective terms of service and user agreements, depending on your platform. The use right for each purchase may vary with the item. If you are unsure about the use right, you should check on your platform before making a purchase.5. User behavior and content5.1 You must comply with the applicable laws of the region in which you access our Services. If any applicable laws restrict or prohibit your use of our Services, you must comply with such legal restrictions or cease to access and/or use our Services (if applicable).5.2 You undertake that all information provided to us in accessing and/or using our Services will always be authentic, accurate and complete.5.3 You or other users may send, upload, disseminate, transmit or otherwise make available information, data, software, audio, photos, images, videos, labels or other materials (hereinafter referred to as the "Content") through our Services. You acknowledge and agree that all Content that may be sent (whether publicly or privately) in connection with the use of our Services is solely the responsibility of the sender of such Content. This means that you, rather than us, are solely responsible for all Content that you may upload, disseminate, transmit or otherwise make available through our Services.5.4 You agree not to upload, disseminate, transmit or otherwise make available the following:Content that is or may reasonably be deemed illegal, harmful, harassing, libelous, defamatory, obscene or otherwise objectionable;Content that is or could reasonably be considered to be an invasion of privacy;Content that is or could reasonably be considered to incite violence or racial or national hatred;Content that you are not entitled to provide under the law (such as internal information, information owned by others, or confidential information);Content that infringe any intellectual property rights or other patent rights of others;Promotional content that contains any unsolicited or unauthorized advertising, promotional materials, "advertising mails", "spam", "chain letters", "pyramid schemes", and so on; orContent that contains software viruses or any other content of computer code, file, or program designed to interfere with, damage, or limit the functionality of any computer hardware, software, or telecommunications equipment.5.5 You agree that you will not:Use our Services to harm or offend or harass any person;Use our Services for fraudulent or abusive purposes (including but not limited to using our Services to impersonate any person or entity or to misrepresent your affiliation with any person, entity or our Services);Disguise, conceal or hide your IP address or the source of any content that may be uploaded;Use our Services for any commercial or business purpose, for the benefit of any third party or for the purpose of sending unsolicited communications;Delete or modify any patent notice or other proprietary information in our Games or any other part of our Services;Interfere with or disrupting our Services or the servers or networks on which the Services are provided;Attempt to decompile, reverse engineer, disassemble or tamper with any of our Services, or attempt to break or crack any of our encryption technologies, security measures or data transmitted, processed or stored by us;"Acquire", "mine" or collect any information about other people who use our Services, including but not limited to any personal data or information (including by uploading anything used to collect information, including but not limited to "pixel label" cookies, graphic interchange format ("GIF") or similar programs sometimes referred to as "spyware" or "PCM" (passive collection mechanism));Sell, transfer or attempt to sell or transfer our entire account or any part of our account, including all virtual currencies and/or virtual goods;Engage in our Games or engage in real-time communication that interferes with the normal flow of the Games or engage in unfair competitive conduct that may adversely affect other players;Fail to comply with any requirements or regulations of any network to which our Services are connected;Uses our Services in a manner contrary to any applicable law or regulation;Use our Services to cheat or to plan or aid cheating (such as by using automated methods or third-party software to play the Games), or to circumvent technical measures used to control access to or elements of our Services, or to engage in other acts that might be deemed contrary to the principles of fair competition; orUse our Services in any other way prohibited by these Terms.5.6 We are not responsible for controlling the content posted by others on our Services, and therefore we do not guarantee the accuracy, completeness or quality of such content. You should be aware that while using our Services, you may encounter content that you may find offensive, insulting or objectionable. In no event shall we be liable in any way for such content, including but not limited to any errors or omissions in the content, or any loss or damage arising from the use of the content published, transmitted, disseminated or otherwise made available through our Services.5.7 We shall have the right to remove any uploaded content from the Services if we unilaterally determine that such uploaded content violates these Terms or brings us or our Services into disrepute. However, please note that we will never actively monitor the content posted by users using our Services, and do not guarantee that we will.5.8 You are solely responsible for your interactions with other users of our Services.6. Your breach of these Terms6.1 If we reasonably believe that you have materially breached these Terms (including repeated minor breaches), we are entitled, with or without notice to you, to take one or more of the following actions:Delete, suspend and/or modify your account or parts of your account;Otherwise suspend and/or terminate your access to our Services;Modify and/or remove any virtual currencies and virtual goods associated with your account;Reset and/or modify any game progress or benefits and privileges associated with your account, such as any levels or scores you have reached in our Games.Any breach of 4.1, 5.4 or 5.5 (but not limited to these) may be deemed to be a material breach.6.2 You agree to indemnify us in accordance with law for all losses, damages, claims and expenses incurred as a result of any breach by you.7. Service availabilityWe do not guarantee that any of our services will be available or error free at all times or at any specified time. We will provide our Services in accordance with the standards required by law. What should be especially mentioned is that, only for any virtual money and/or virtual goods or any part of our Services purchased with real money, we guarantee that they are basically consistent with the description provided at the time of purchase and are of satisfactory quality (in addition, any related services provided through them will be provided with reasonable and meticulous work and skill). We may change and update our Services in whole or in part without notifying you (provided that such change will never result in a deterioration in the material functionality of any part of the services purchased in real money in the Services). We make no warranty or representation as to the availability of the Services provided free of charge (for example, not purchased in real money), and we reserve the right to change or discontinue them in our sole discretion without notice to you, including, for example, for financial reasons due to the limited number of users who continue to use them over time, or for technical reasons (e.g., we or the Internet are experiencing technical difficulties) or because we intend to improve the user experience. We shall not be held liable for any failure or delay in performing any of our obligations as a result of events beyond our reasonable control. If such conditions result in a material degradation of the functionality of the Services, any obligations you may have as a result of paying any fees to download, use or access them will be suspended during this period. We reserve the right to alter or discontinue the Services or any part thereof purchased in real money in our sole discretion after reasonable notice to you.8. Limitation of liability8.1 For any death or personal injury caused by negligence of us or our employees or agents, as well as any loss or damage caused by fraud of us or our agents, we will assume the corresponding liabilities or other necessary liabilities according to law.8.2 We shall not be liable for:Loss or damage not caused by our breach of these Terms or our negligence;Loss or damage that could not have been reasonably foreseen by you or us at the time you agreed to these Terms, including loss arising from the side effects of foreseeable losses. This may include data loss, opportunity loss, service interruption, failure of computer or other equipment, or financial loss;Any damage caused in any way by our Services to the equipment used by you to access or use any of our Games or other Services, unless such damage is directly caused by our failure to apply reasonable skill and careful work in the corresponding Games or other Services;Any aggravating portion of any loss or damage resulting from your breach of these Terms; orTechnical failure or inaccessibility of our Services beyond our reasonable control.8.3 For any loss or damage (other than those referred to in 8.1 and subject to 8.2) occurring during any period of 12 months, we shall only be liable for the reasonably foreseeable loss or damage arising out of our negligence or breach of these Terms up to an amount not exceeding the amount you have paid us within 100 days prior to the date of claim. Losses and damages shall be deemed foreseeable if they can be foreseen by us and you only when you agree to these Terms.
8.4 Subject to 8.5 below and unless otherwise stated in these Terms, we make no warranties, express or implied, with respect to our goods or services, and you acknowledge that your sole right for any concern or dissatisfaction with any of our Services is to discontinue the use of our Services.8.5 Any other legal rights you enjoy as a consumer are not subject to these Terms.9. Intellectual property rights9.1 Please acknowledge that all copyrights, trademarks and other intellectual property rights (other than those provided and owned by the players) contained in and related to our Services are owned by us or have been authorized to us.9.2 Upon your compliance with these Terms, we grant you a non-exclusive, non-transferable, personal and revocable limited license to access and/or use our Services (but not any associated object code and source code) solely for your personal use, in any event, subject to compliance with these Terms when using it. You agree not to use our Services for any other purposes. These Terms also apply to any updates or patches that we publish or provide for any Service, and such updates or patches will be considered part of the Service for the purposes of these Terms.9.3 You acknowledge and agree that except for the license granted to you by these Terms, you have no ownership or property rights in any of our Services, including but not limited to online accounts, any virtual money or virtual goods. Without our prior written permission, you may not copy, distribute or make public our Services or any part thereof or use them to create any derivative works.9.4 In particular, you shall not use or provide any deceptive or technical means for the purpose of controlling access to our Services or elements of our Services, including providing free or otherwise access to any virtual money and/or virtual goods.9.5 By submitting Content (as defined in 5.3) through our Services, you:Mean that you have the full right to submit such Content;Grant us and our group companies the right to edit, adjust, publish and use your submissions for any purpose in any and all media (whether now existing or emerging in the future) and to use them to create derivative works without ever paying you any fee;Acknowledge that you may have "moral rights" to the Content, such as the right to name yourself as the creator of the submitted Content and to have the work protected from derogation. You agree to waive any such moral rights you may have to the Content; andAgree that we are not obligated to monitor and protect your rights to the Content submitted, but you will grant us the right to exercise your rights to the Content on your behalf when necessary, including but not limited to taking legal actions (at our expense).9.6 You shall not copy, distribute or make public any content belonging to any other user of our Services, or use it to create any derivative works. If you believe that your intellectual property rights have been infringed by others on the Internet, you can contact us and send the following information to policy@top10-laserlevel.com:A description of intellectual property rights and a statement of infringement;A description of the location of the infringing material;Your address, telephone number and E-mail address;Your declaration that you are willing to bear perjury: (i) you have reason to believe that others have used the material in which you have intellectual property rights without authorization, (ii) the information you have provided is authentic, and you are authorized to exercise rights on behalf of the owner of the infringed exclusive rights; andWritten or electronic signature of the authorized person exercising the right on behalf of the owner of the infringed exclusive rights.10. Privacy10.1 HK Forever9 Technology Co., Limited is the control party of all personal identity information or your personal information collected by us through our Games or other Services or your personal information in connection with our Games or other Services.10.2 HK Forever9 Technology Co., Limited collects, processes, uses and shares your Personal Information in accordance with our Privacy Policy and these Terms. If you do not agree with our Privacy Policy, you should not download or access our Games or access and/or use our Services.11. Transfer of rights and obligations under this Article11.1 We may transfer all or part of our rights or obligations under these Terms to others without your consent. You agree that we may make such a transfer without material prejudice to your interests. However, you cannot transfer any of our rights granted to you under these Terms without our prior written consent.12. Changes to these Terms12.1 We have the right to update these Terms by issuing an updated version at any time. We may update these Terms for a number of reasons, including but not limited to: we have changed the nature of our products or services, technical or legal reasons, or our business needs have changed. You agree to immediately stop accessing and/or using our Services if you do not accept any change to our Terms.13. Severability13.1 If any part of such Terms becomes invalid or unenforceable under any applicable law or court order, such part will be construed in accordance with the applicable law to the extent possible to reflect our original intent, and the remainder parts of these Terms will remain valid and enforceable. If it is impossible to construe an illegal or unenforceable part of these Terms in a manner consistent with applicable law, such part will be deemed to be removed from these Terms and will not affect the remaining provisions of these Terms.14. Waiver14.1 Our failure to exercise or execute certain rights under these Terms shall not constitute a waiver of our right to exercise such rights. Any such waiver will be effective only upon our written statement and signature.15. Complaints and dispute resolution15.1 Most problems can be quickly resolved by contacting us via email at policy@top10-laserlevel.com.15.2 In the rare event that we are unable to resolve your problem and you wish to resort to law, these Terms are formulated in accordance with Chinese law and the disputes shall be settled in accordance with Chinese law.16. Questions concerning these Terms16.1 If you have any questions about these Terms or our Services, you can contact us by email: policy@top10-laserlevel.com.