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Terms of Service
Last modified:2024-April-23
This Terms of Service ("Terms") together with our Privacy Policy and all supplemental terms and other documents referenced in these terms help your use, purchases and downloading of our Games, Virtual Items, Websites, store and related services made available from time to time, unless we specifically state otherwise.
In particular, we draw your attention to some important terms in this Terms. By accepting this Terms:
· You agree that you use our Services at your own risk, and that Seasun' s liability to you is limited as set forth in Section 13 below.
· You agree to resolve disputes between you and Seasun in individual arbitration, and not in court, as set forth in Sections 14 and 15 below. We have put this up front, bold, and in all caps due to its importance:
THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTIONS 14 AND 15 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFICALLY DESCRIBED IN THOSE SECTIONS, YOU AND SEASUN AGREE TO RESOLVE DISPUTES BY BINDING, INDIVIDUAL ARBITRATION, AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. YOU AND SEASUN FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER, AS EXPLAINED IN SECTIONS 14 AND 15 BELOW.
Please note the software of our Game(s) may contain Cheat Detection software or features. "Cheat Detection" means functionality intended to identify Cheats. "Cheats" means programs, methods, processes or other programs with software or hardware on any formats that may give users an unfair competitive advantage within our Game(s).
If you do not agree to install the cheat detection software or at any time remove or disable the cheat detection features, alone or make combination with our Game(s), the license granted to you under this agreement automatically terminates and you should immediately stop accessing any of the Seasun Services.
Please note that our Game(s) with the Cheat Detection software therein may collect and transmit details about your account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that Seasun may exercise part or all of its rights hereunder. You confirm that, by installing, copying, running or otherwise using the our Game(s), you agree to be bound by These Terms .
IF YOU DOWNLOAD, INSTALL AND USE OUR GAMES AND RELATED SERVICES (COLLECTIVELY THE "SERVICES"), WHETHER IN WHOLE OR IN PART. YOU ARE DEEMED TO (A) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY; AND (B) AGREE TO BE BOUND BY AND ACCEPT; THESE TERMS AND OTHER RELATED DOCUMENTS THAT ARE EXPRESSLY INCORPORATED INTO THESE TERMS BY REFERENCE. AS TO THE MINIMUM AGE OF USING OUR SERVICES, ANYONE UNDER THE AGE OF 13 OR OTHER MINIMUM AGE AS DEFINED UNDER APPLICABLE LAWS OF YOUR JURISDICTION SHALL NOT USE THE SERVICES. If you do not agree to these Terms then please do not access, purchase, or use our Services. If you are younger than THE AGE OF MAJORITY, YOU AGREE that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering for our Games or Services, we will stop the Account (as defined below) provided we have the information which satisfies us that the reporting person is indeed the parent or guardian of that MINOR.
For your reference, the table of content of this Term of Use is listed below:
1. Who we are
2. Changes to these Terms
3. Registration and use
4. License and Intellectual Property
5. Virtual goods
6. Your legal obligations and promises to us
7. Rules of conduct and your use of the Services
8. User Generated Content(UGC)
9. Availability and functionality
10. Refund
11. Updates
12. Suspension and Termination
13. Our legal obligations and limits on liability
14. Disputes Resolution and Governing Laws(Rest of World)
15. Dispute Resolution and Governing Laws(United States of America)
16.General
17. Force Majeure
18. External links
19. Beta Testing
20.Miscellaneous
21. Contact information
1Who we are
1.1 You are now reading our Terms of Service(“Terms”) which is a legal agreement between you and SEASUN INC. (“we”, “us”,”Seasun”, “our”, as appropriate) regarding the Services you use from us,These Terms of Service (these "Terms") set forth the terms and conditions by which you may access each of our Games,our online website, any game-specific site, software systems, customer support, social media, community channels and/or any other online services, whether in whole or in part, provided by us (collectively, the "Services"),“Game” means our game that you download and access that is subject to this Terms, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in it.
2 Changes to these Terms
We may change these Terms from time to time, for example to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Services or otherwise. Usually, we will release the updated Terms on this official notice page or our in-game notice board, and you agree to check these Terms regularly when using any of our Services. Your continued use of our Services from the effective date we stipulated in the updated version will be deemed your acceptance of the amended Terms, unless the updates will materially influence your rights and benefits, in which case we shall notify you in advance before it takes effect. If you do not agree with the updated Terms, PLEASE DO NOT ACCESS, PURCHASE, OR USE OUR SERVICES after the change takes effect.
3 Registration and use
3.1 In order to use our Services, you are required to sign up for a game account (“Game Account” )You may be able to create your Game Account using your email address. Also can you create your Game Account through the use of a third-party account (e.g. your account with Facebook, Twitter). .
3.2 To create a Game Account, you will be required to register as a user(“User”)and accept the the Terms of Service. If you do not accept those terms, you will not be able to create a Game Account.
3.3 To create a Game Account, and access some of our Services, you must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction. If you are between the minimum age for personal data collection and age of majority in your jurisdiction, your parent or guardian must review these Terms and accept it on your behalf. Parents and guardians are responsible for the acts of their children under age of majority when using our Services.
3.4 You shall provide us with the information and complete all the registration procedures according to the instructions on the registration page. By creating a Game Account:
3.4.1 you authorize us to assume that any person using our Services with your user name and password Is either you or a person authorized to act for you;
3.4.2 you must not impersonate or attempt to impersonate another person; and
3.4.3 you must safeguard the user name and password of your Game Account and keep them secret and confidential;
3.5 You undertake to, and shall, comply with all applicable laws and regulations when you use the Services provided by Seasun.
3.6 Your Game Account can only be used by yourself and you may not lend, give away or rent the Game Account or transfer, sell ,inherit or share the Game Account in breach of these Terms. You shall notify us immediately when you become aware that your Game Account is used without authorization. You can request us to suspend the login and use of your Game Account，in order to avoid being maliciously canceled by others due to Game Account theft, we will carry out the necessary confirmation process. Otherwise, we reserve the right to refuse your request.Otherwise, the unauthorized use will be treated as an act of you and you shall be solely liable for all loss, damages and consequences arising therefrom, including but not limited to online signatures of various agreements, release of information, purchase of commodities and services as well as disclosure of information under these Terms. If the use of your Game Account is deemed to threaten the safety of your Game Account, the Game Account and/or information of other Users and/or the security or system integrity of Our Game, we have the right to suspend and/or terminate your Game Account and/or stop providing the Services immediately without notice to you at our sole discretion.
3.7 If your Game Account has not been used up to consecutive 360 days we reserve and you acknowledge that we have the right to suspend, terminate, retrieve or replace the Game Account, delete or de-identify all records (including but not limited to registration information, Virtual Items, etc.) of the Game Account or take other cleanup measures unless otherwise required by applicable laws and regulations. Accordingly, the Game Account cannot be logged in to any of Our Game and any corresponding Services are also terminated, and your related information may be blocked or removed. We will notify you in a manner we consider appropriate, including but not limited to popup windows, website announcements, site notices and user notifications, before taking such actions on your Game Account.
3.8 We may immediately without notice terminate these Terms with you and suspend or terminate your Game Account or use of the Services if (a) you have materially breached your obligations under these Terms or other related documents that are expressly incorporated into these Terms by reference; (b) you have violated applicable laws, regulations or third party rights; or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of the Company Users, or third parties. We have the sole right to determine whether you are in breach of any terms contained in these Terms.
3.9 You shall not use the Services to conduct money laundering and/or terrorist financing activities in any way, shape or form. We will closely monitor such acts and investigate any abnormal activity relating to any large amount of Virtual Items. We reserve and you acknowledge that we have the right to suspend or terminate the Game Account if we detect you have engaged in such activities. We also reserve the right to cooperate with competent authorities, including but not limited to conducting investigations, collecting evidence of such money laundering and/or terrorist financing activities and providing identity information and the transaction records of associated Game Account.
4 License and Intellectual Property
4.1 Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to Install and use Our Game only on your personal smartphone, tablet, computer or other mobile or wireless device (which must be designated by us as being compatible for use with our Game). Company reserves all rights not expressly granted to you herein. You acknowledge and agree that we may terminate this license at any time, for any reason, with or without cause.Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to use our Content for your own personal and non-commercial use and purposes.
4.2 You acknowledge that our Game and content provided through Seasun are subject to protection by trademark, copyright and other intellectual property rights. Other than the User Content, all intellectual property rights in Our Game and any Content (including content provided by the Company and other Users, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, and any related documentation or text incorporated into the Game) are owned by us or our licensors. We retain all right, title and interest in and to our Game and any modifications and updates thereto. Except as expressly set out here, using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and you acknowledge that you do not acquire any right, title or other ownership rights by downloading content from our Game.You acknowledge that the rights aforementioned are merely licensed, not sold, to you under these Terms. You acknowledge that all intellectual property and other relevant rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content, regardless of whether you 'earned' or 'purchased' such Content in the game.
4.3 You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by applicable law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Further, you shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of our Game in any way for any public or commercial purpose without our prior written consent Without prejudice to other remedies that we're entitled to, we reserve the right, with or without notice, at any time and in our sole discretion to suspend and/or terminate the Game Account of any User who infringes or is alleged to infringe any trademarks, copyrights or other intellectual property rights.
5Virtual goods
5.1 The Game may sell the game service in the form of Virtual Goods (referred to in these Terms as “Virtual Goods”) from time to time. Virtual Goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency for use in the Game.
5.2 You can obtain different Virtual Goods in various ways in the Game, and we may allow you to “purchase” some Virtual Goods with “real money” or virtual currencies (include any type of digital currency). Certain Virtual Goods in the Game may be unavailable if not purchased.
5.3 Virtual Goods are licensed to you, not sold. You do not have any real-world property rights to the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion, except as otherwise required by applicable laws.
5.4 To keep the normal update and operation of the Game, and maintain a fair environment in the Game and other purposes, we has the complete right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and we shall have no liability to you or anyone else for these actions.
5.5 In the Game settings, Virtual Goods have no value in exchange for any real-world currency or property, and to maintain a fair environment in the Game, in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real money” or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by the Terms, the Terms or otherwise permitted in the gameplay.
5.6 Unless otherwise agreed by the parties or required by the laws of your country/region,all purchase of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from us at any time. You know and agree that you will waive the right to withdraw before you obtain the virtual goods.
5.7 We reserves the right to modify the price for Virtual Goods and other conditions to obtain Virtual Goods, the conditions to obtain Virtual Goods in the game are not fixed.
5.8 Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction and the need for game design.
5.9 You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
6 Your legal obligations and promises to us
6.1 You confirm that:
6.1.1all information and details provided by you are true, accurate and up-to-date. The rights granted under these Terms are strictly personal to you and you must not make the Services or your password(s) available to anyone else; and
6.1.2you will comply with the Rules of Conduct relating to your use of the Services and/or Virtual Items as set out in Sections 7, 8 and 9 and any other restrictions set out elsewhere in these Terms.
6.2You agree to compensate us where we pay damages or incur any other losses or expenses in respect of any claim made by a third party due to your breach of these Terms or contrary to any other laws and regulators or the rights of a third party.
7 Rules of conduct and your use of the Services
7.1 You acknowledge our rules of conduct and agree that in using the Services (including the creation of User Generated Content) you will not:
7.1.1 use or allow the use of the Services for any purpose or activity that is illegal, unlawful or in breach of these Terms, public orders and moral restrictions;
7.1.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create, derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof for commercial purpose without our prior consent;
7.1.3 sell, rent, lease, share or provide access to your Game Account or access or attempt to access the Game Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;
7.1.4 partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Services;
7.1.5harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making, disseminating personal attacks or statements about race, sexual orientation or religion (in our Games or Services); organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, manipulative, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate (where user-generated content or an online community exists);
7.1.6use abusive, offensive, or defamatory screen names and/or personas, whether created through Services or through third party devices connected to Services;
7.1.7impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
7.1.8use any unauthorized third-party programs that interact with the Game in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Services and us , or that collect information about the Game by reading areas of memory used by the Game to store information about the Game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.;
7.1.9upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;
7.1.10improperly use in-game support or complaint buttons or make improper, false or spurious reports to us;
7.1.11use our Content to build any service or game that may disadvantage or compete with our Services or assist another person in building a service or game that would compete with our Services;
7.1.12probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
7.1.13use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the content, navigational structure or presentation of our Services; and
7.1.14sell, buy, trade, give, lease or otherwise transfer or offer to transfer your Game Account, any personal access to our Services, or content associated with your Game Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction except as expressly permitted by the Terms, applicable laws or otherwise permitted in the gameplay;
7.1.15apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;
7.1.16take advantage of the price differential of Virtual Currency or Virtual Items to make profit by buying and/or selling Virtual Currency and/or Virtual Items from/in different territories;
7.1.17exploit the Services, for any commercial purpose, including without limitation (a) using at a cyber cafe, computer gaming centre or any other location-based site; (b) gathering Virtual Items, Virtual Currency, or other in-game resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
7.1.18Use the Services for political or religious reasons;
7.1.19Infringe other third parties’ rights including but not limited to intellectual property rights ;
7.1.20Promote, encourage, or help others to take part in any prohibited activity described above.
7.2 To the extent the Services functionality technically permits it, you shall not post or communicate any person’s ‘real world’ personal information whilst using the Services, particularly not in any chat rooms or forums.
7.3 In order to maintain a positive and friendly environment, you acknowledge and agree that we have the right to evaluate your action based on data we collected in Games and/or Services and decides whether you have violated the above rules or not. If we are fully convinced that you are in violation of the Terms, we have the right to implement different sanction measures depending on the severity of your violations.
7.4 WE MAKE OR GIVE NO CONDITION, REPRESENTATION, WARRANTY OR GUARANTEE AS TO THEACCURACY,COMPLETENESS,CURRENCY,CORRECTNESS,RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OR INFORMATION MADE AVAILABLE TO YOU THROUGH OUR GAMES AND ANY OF THE OTHER SERVICES (THE “CONTENT”) AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED. Our Services may display Content that is not produced or owned by us and is for general information purposes only. This Content is the sole responsibility of the person that makes it available. You should check any Content and exercise your own judgement before acting upon any of the Content. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy; completeness or usefulness of any Content. You agree that your accessing and viewing of such content is at your own risk. In case of doubt, you should seek your own independent advice with respect to any content
7.5 Please ensure that your device, its operating system, and the Games are completely up to date with all available security software, patches and updates.
7.6 If your use of Our Games results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
7.7 In order to protect the physical and mental health of young users who may exist in the game and avoid being harassed by bad information on the Internet, we may filter some bad information as necessary. In response to complaints from other users or any third parties, or if we, in our sole discretion, believe that any content does not comply with these terms, we may take any measures, including without lmitation removing or refusing to display such Content.
8 User Generated Content (UGC)
8.1 User Generated Content (UGC) means any form of original content generated by a user of the Services (including remarks, suggestions, ideas, graphics, text, images, video, information, and messages) communicated, posted, uploaded, or sent by users on or in connection with the Services. Our Services may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of UGC.
8.2 To avoid any doubt, the derivative works users adapted from the Content of the Game or Services is explicitly excluded from the UGC defined herein; for more information of the derivative works you may refer to Section 4 of this Terms or separated guideline for derivative works (if any).
8.3 You agree submitting any form of UGC, you are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such UGC for any purpose including the making available of such UGC to third parties, provided that we may not use UGC in violation of the Privacy Policy. You warrant and represent that you are the exclusive copyright and intellectual property rights holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
8.4 We, or third parties engaged by us, may monitor and/or moderate UGC but we do not guarantee or endorse the truthfulness, accuracy, quality, or integrity of any UGC posted via the Game or any part of the Services. By using our Services there is a possibility that you may be exposed to material you find offensive or objectionable. However, if someone is violating these Terms or misusing the Services, please report this to us by contacting us at [email protected] We will review the report and may, at our reasonable discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Services and terminating or suspending their Game Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.
8.5 We reserve the right to remove and permanently delete any UGC from our Services with or without proper notice once we deem that it contains information in violation of the section 6. Furthermore, you acknowledge and agree that we have the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party's intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are under a legal obligation to do so.
9 Availability and functionality
9.1 We reserve the right to limit the number of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from us or our representatives through the Games or as otherwise expressly authorised. We reserve the right to refuse any request to purchase Virtual Items for any reason.
9.2 We will use reasonable endeavours to maintain the operation of the Games and Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Games and Services and we may have to suspend operation of a Game or particular Service without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. But you understand and agree that we cannot be liable for the loss caused by such suspensions, interruptions or errors contributed by circumstances outside our reasonable control.
9.3 We will try our best to maintain the operation of our services, but please understand that we cannot guarantee that our Games or any part of our Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software or services. We also do not guarantee that our Services can be accessed in all geographic locations.
9.4 To diversify our Services, hyperlinks to third-party websites and services may be included in our Service. You agree and understand that you are at your own risk to visit the third-party websites or services. We do not control these websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information. Therefore, we strongly suggest you check out their own User Agreement as well as Privacy Policy before you decide to visit. For more information of the third-party services, you can refer to our Privacy Policy.
10 Refund
10.1We may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner.
10.2For countries and regions with special provisions for refunds, the refund policy in the [APPENDIX A] shall prevail.
11 Updates
11.1You agree that the Games and any aspect of the Services may automatically download and install updates, upgrades, and additional features that we deem reasonable, beneficial to you and/or reasonably necessary. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
12 Suspension and Termination
12.1Acting reasonably, we may suspend, restrict or terminate your access to the Games, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:
12.1.1 you breach of any of the restrictions or provisions in these Terms;
12.1.2for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or
12.1.3we decide to withdraw the Game(s), Virtual Items and/or any other part of the Services from the market for any reason in our sole discretion, acting reasonably.
12.2We will always do our best to give you an initial warning rather than moving straight to terminate, or suspend your access to our Games, Virtual Items and/or any other Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may then move to terminating our contract with you under these Terms and your licence to access our Games, Virtual Items and/or any other part of the. Under such circumstances we will notify you in writing by email, push notification, customer service section or within the app, official website, or other part of the Services as appropriate. You can also request to delete/permanently terminate your Game Account by contacting us at [email protected] to terminate our relationship.
12.3You understand and agree that upon termination the rights and the licence granted herein will terminate and you may not be able to access the applicable Games, Virtual Items and/or any other part of the Services through your Game Account.
12.4You understand and agree that upon your request to terminate your Game Account or our final decision to terminate your Game Account (our decision to permanently withdraw a Service or Game from the market shall be excluded), you will not receive any compensation or reimbursement for any Virtual Items for any reason, whether such termination was voluntary or involuntary, unless otherwise required by applicable law or policy in your country of residency.
12.5WE MAY DECIDE TO DISCONTINUE OFFERING ANY GAME, SERVICE OR CONTENT PERMENANTLY IN OUR SOLE DISCRETION. Prior to stopping the availability of any of our Games and/or Services, we will use our reasonable efforts to notify before such Games and Services become unavailable. Notification may be via our websites, push notification, alert, email or other messages. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Services unless required by APPLICABLE lawS.
13 Our Legal Obligations and Limits on Liability
This section 13 does not apply to you if you are resident in countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident elsewhere, including in the United States of America.
13.1OUR GAMES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE WILL TRY OUR BEST TO MAINTAIN THE AVALIBILITY AND STABILITY OF OUR SERVICE BUT YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, DUE TO THE NATURE OF THE TECHNOLOGY AND SOFTWARE, WE ARE NOT ABLE TO PROVIDE EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE OUR GAMES OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT OUR GAMES OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE SHALL BE HOLD HARMLESS FROM OR AGAINST ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF OUR GAMES AND SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR GAMES AND SERVICES UNLESS THERE IS FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE. WE ALSO MAKE NO GUARANTEE THAT OUR GAMES AND SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR SERVICES.
13.2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c) LOST SAVINGS,
(d) LOSS OF DATA, OR
(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
13.3TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A GAME OR SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE} THE LOWER OF THE following MONETARY AMOUNT (i) THE FEES, RELATING TO THE GAME OR SERVICES, ACUTALLY PAID BY YOU TO US DURING THE Six (6) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING; AND (II) USD$100. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, OR ANY OTHER LIABILITY THAT CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
14Disputes Resolution and Governing Laws(Rest of World)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF these Terms, EXCLUDING CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA.
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
14.1 Governing Law. To the fullest extent permitted by applicable laws and regulations, the validity; interpretation, modification, supplement, termination, execution of these Terms and any dispute or claim resulting from or in connection with these Terms will be governed by and construed in accordance with the laws of Singapore, provided that nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.This Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14.2 Binding Individual Arbitration. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination shall be firstly settled through friendly and amicable negotiation between you and the Company, If the negotiation fails, it will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC rules then In force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
14.3 Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
14.4 Informal Resolution.You agree that in the event of any dispute, Seasun and you shall first attempt to resolve any such dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to [email protected] In the event that any such dispute cannot be resolved informally, you agree that the dispute, including any question regarding the arbitrability of the dispute, shall be finally and exclusively resolved by binding arbitration in accordance with this Section 14.2 above.
14.5 Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Furthermore, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this clause 14.5 shall be null and void.
15 Dispute Resolution and Governing Laws(United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read this section carefully,It affects your rights, including your right to file a lawsuit in court.
15.1 Governing Law.If you live in the United States of America, you and Seasun each agree that these Terms including but not limited to any Dispute, controversy, difference, or claim arising out of or relating to these Terms or Seasun Services, including the existence, validity, interpretation, performance, breach or termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to these Terms or Seasun Services shall be governed by and construed under the laws of the United States of America, excluding its conflict of law principles.
15.2 Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting these Terms, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you and Seasun will be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).
15.3 You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.
15.4 For the purposes of these Terms, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and Seasun regarding any aspect of your relationship with Seasun, including those arising out of these Terms or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
15.5 Binding Individual Arbitration. If you live in the United States of America, you and Seasun agree that, except as provided in section15.14 below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and Seasun further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting this Agreement, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.
15.6 The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of your residence. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.
15.7 You or Seasun may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).
15.8 Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
15.9 Informal Resolution. You agree that in the event of any Dispute,Seasun and you shall first attempt to resolve any such Dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal Dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the Dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to SEASUN INC,353 SAINT MARTIN DR REDWOOD CITY，CA 94065.
15.10 In the event that any such Dispute cannot be resolved informally, you agree that the Dispute, including any question regarding the arbitrability of the Dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (a) of Section 15.5 above.
15.11 Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both Seasun and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. Notwithstanding any other provision of this Agreement, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 15 shall be null and void.
15.12 Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Agreement.
15.13 Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and Seasun may opt out of the arbitration procedures described above. If you do so, neither you nor Seasun can force the other to arbitrate.
15.14 You or Seasun may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE SEASUN WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your in-game username and the email address you used to set up your in-game account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with Seasun through arbitration. You must mail your opt-out notice to SEASUN INC,353 SAINT MARTIN DR REDWOOD CITY，CA 94065, If you do not provide Seasun with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to this Agreement, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
15.15 Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the Seasun Services, and/or your relationship with Seasun.
16General
16.1 These Terms and any document incorporated by reference constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters. The limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors, and assigns. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any its terms.
1Force Majeure
1.1 Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses, acts of God, the change of political relationships between the countries, change of regulations in connection with games in your country of residency. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period, we may terminate access to the applicable Games, Virtual Items or Services with prior notice to you.
2 External links
2.1 To the extent where Our Game contains any link to other websites or resources, the following provisions apply:
2.2 (a) Although these websites or resources are selected with care we are not responsible for the content or accuracy of any off-site pages or any other sites or resources linked to Our Game (including those sites or resources linked through advertisements or through any search engines).
2.3 (b) We are also not responsible for the processing of your personal data by these websites or resources. You may need to refer to their privacy policies with regard to such processing.
2.4 (c) The fact that we include links to such external websites and resources does not imply any endorsement of, or association with such operators, content or opinions. Your use of websites or resources linked from Our Game is subject to any terms and conditions applicable to those websites or resources.
2.5 The failure of either you or us to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only If in writing and signed by the relevant party.
3 Beta Testing
3.1 From time to time we may offer a beta version of one of our Services (a “Beta”). As the name implies, Betas are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly as well. For the license granted to you under this Terms to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this Terms:
(a) We may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test;
(b) We may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta;
(c) Use of a Beta is subject to confidential treatment of that Beta and all elements thereof. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the Beta (including any feedback provided and the Game itself). You agree that you will:
(i) not use any Confidential Information other than as necessary to use the Beta in accordance with this Terms;
(ii) maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;
(iii)not disclose the Confidential Information to any person or entity other than as permitted by us; and
(iv) not make any public announcements related to Beta or the Service, including publishing or disclosing any information (e.g. screenshots and specifications) relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion.
(d) termination of a Beta by us is not grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency; and
If and when we release a full (non-Beta) version of the particular Game and we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 19 but will still be subject to the rest of this Terms.
4 Miscellaneous
4.1These Terms are the entire agreement between you and us in relation to your use of the services and supersede all prior agreements between us in relation to your use of the services.
4.2The failure of either you or us to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only If in writing and signed by the relevant party.
4.3Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will survive such termination or expiration.
4.4If any provision of these Terms is held by a court to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, it shall be deemed deleted without affecting the validity and enforceability of the remaining provisions of these Terms. If the invalid, illegal or unenforceable provision cannot be deleted without altering the essence of these Terms, we may amend these Terms to remedy such invalidity, illegality or unenforceability to the extent needed to achieve the intent of the original provision.
4.5We welcome feedback, comments and suggestions for improvements to the Service ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
4.6Each party shall pay its own costs incurred in connection with the performance of any of its obligations under these Terms, save to the extent that is expressly provided otherwise in these Terms.
4.7No provision in these Terms is intended to or creates a partnership between the parties or establishes a party as the agent of another party for any purpose. A party has no authority to act for, bind, contract In the name of or create a liability for the other party by any means or for any purpose.
4.8Each party shall, and shall use all reasonable endeavors to procure that any necessary third party shall, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.Notwithstanding any other provision in these Terms:
4.8.1you shall not without our prior written consent, assign, transfer, novate, part with, outsource, subcontract or delegate any of your rights, responsibilities and/or obligations under these Terms (in whole or in part); and
4.8.2we may assign, transfer, novate, part with or subcontract any of our rights, responsibilities and/or obligations under these Terms (in whole or in part) to any other member of the Company without your prior consent
4.9A person who is not a party to these Terms has no right to enforce any terms of these Terms.These Terms are drafted in the English language. If these Terms are translated into any language other than English, the English version shall prevail to the extent of any inconsistency unless otherwise required under applicable laws and regulations.
5 Contact information
5.1If you have any complaints, suggestions or other questions on these Terms, please contact us via in-app access for feedback or complaints or through email at [email protected]. We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.
APPENDIX A
(This is only for legal provisions, not the game policy itself)
【FOR EU/UK ONLY】
We are obligated as merchants to inform you of the EU/UK right of withdrawal in very specific legal terms, which you can find below. If these should in any way differ from our more informal wording, the below terms shall prevail towards any EU/UK consumer.
Right of withdrawal
As a user domiciled in a European Union member country or the United Kingdom of Great Britain and Northern Ireland, you have the right to withdraw from any purchase in Our Game without giving any reason.
For any digital content purchased online, you have agreed upon checkout that the withdrawal period will expire 14 days after you purchase such digital content or when you start downloading the content for the first time, whichever is sooner. For hardware, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
Effects of withdrawal
If you exercise your right of withdrawal, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Exceptions from the right of withdrawal:
The statutory right of withdrawal is not applicable as regards the following:
service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
the supply of goods made to the consumer’s specifications or clearly personalized;
the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM IF THE PERFORMANCE HAS BEGUN WITH THE CONSUMER’S PRIOR EXPRESS CONSENT AND HIS ACKNOWLEDGMENT THAT HE THEREBY LOSES HIS RIGHT OF WITHDRAWAL.
Last modified:2024-April-23
This Terms of Service ("Terms") together with our Privacy Policy and all supplemental terms and other documents referenced in these terms help your use, purchases and downloading of our Games, Virtual Items, Websites, store and related services made available from time to time, unless we specifically state otherwise.
In particular, we draw your attention to some important terms in this Terms. By accepting this Terms:
· You agree that you use our Services at your own risk, and that Seasun' s liability to you is limited as set forth in Section 13 below.
· You agree to resolve disputes between you and Seasun in individual arbitration, and not in court, as set forth in Sections 14 and 15 below. We have put this up front, bold, and in all caps due to its importance:
THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTIONS 14 AND 15 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFICALLY DESCRIBED IN THOSE SECTIONS, YOU AND SEASUN AGREE TO RESOLVE DISPUTES BY BINDING, INDIVIDUAL ARBITRATION, AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. YOU AND SEASUN FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER, AS EXPLAINED IN SECTIONS 14 AND 15 BELOW.
Please note the software of our Game(s) may contain Cheat Detection software or features. "Cheat Detection" means functionality intended to identify Cheats. "Cheats" means programs, methods, processes or other programs with software or hardware on any formats that may give users an unfair competitive advantage within our Game(s).
If you do not agree to install the cheat detection software or at any time remove or disable the cheat detection features, alone or make combination with our Game(s), the license granted to you under this agreement automatically terminates and you should immediately stop accessing any of the Seasun Services.
Please note that our Game(s) with the Cheat Detection software therein may collect and transmit details about your account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that Seasun may exercise part or all of its rights hereunder. You confirm that, by installing, copying, running or otherwise using the our Game(s), you agree to be bound by These Terms .
IF YOU DOWNLOAD, INSTALL AND USE OUR GAMES AND RELATED SERVICES (COLLECTIVELY THE "SERVICES"), WHETHER IN WHOLE OR IN PART. YOU ARE DEEMED TO (A) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY; AND (B) AGREE TO BE BOUND BY AND ACCEPT; THESE TERMS AND OTHER RELATED DOCUMENTS THAT ARE EXPRESSLY INCORPORATED INTO THESE TERMS BY REFERENCE. AS TO THE MINIMUM AGE OF USING OUR SERVICES, ANYONE UNDER THE AGE OF 13 OR OTHER MINIMUM AGE AS DEFINED UNDER APPLICABLE LAWS OF YOUR JURISDICTION SHALL NOT USE THE SERVICES. If you do not agree to these Terms then please do not access, purchase, or use our Services. If you are younger than THE AGE OF MAJORITY, YOU AGREE that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering for our Games or Services, we will stop the Account (as defined below) provided we have the information which satisfies us that the reporting person is indeed the parent or guardian of that MINOR.
For your reference, the table of content of this Term of Use is listed below:
1. Who we are
2. Changes to these Terms
3. Registration and use
4. License and Intellectual Property
5. Virtual goods
6. Your legal obligations and promises to us
7. Rules of conduct and your use of the Services
8. User Generated Content(UGC)
9. Availability and functionality
10. Refund
11. Updates
12. Suspension and Termination
13. Our legal obligations and limits on liability
14. Disputes Resolution and Governing Laws(Rest of World)
15. Dispute Resolution and Governing Laws(United States of America)
16.General
17. Force Majeure
18. External links
19. Beta Testing
20.Miscellaneous
21. Contact information
1Who we are
1.1 You are now reading our Terms of Service(“Terms”) which is a legal agreement between you and SEASUN INC. (“we”, “us”,”Seasun”, “our”, as appropriate) regarding the Services you use from us,These Terms of Service (these "Terms") set forth the terms and conditions by which you may access each of our Games,our online website, any game-specific site, software systems, customer support, social media, community channels and/or any other online services, whether in whole or in part, provided by us (collectively, the "Services"),“Game” means our game that you download and access that is subject to this Terms, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in it.
2 Changes to these Terms
We may change these Terms from time to time, for example to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Services or otherwise. Usually, we will release the updated Terms on this official notice page or our in-game notice board, and you agree to check these Terms regularly when using any of our Services. Your continued use of our Services from the effective date we stipulated in the updated version will be deemed your acceptance of the amended Terms, unless the updates will materially influence your rights and benefits, in which case we shall notify you in advance before it takes effect. If you do not agree with the updated Terms, PLEASE DO NOT ACCESS, PURCHASE, OR USE OUR SERVICES after the change takes effect.
3 Registration and use
3.1 In order to use our Services, you are required to sign up for a game account (“Game Account” )You may be able to create your Game Account using your email address. Also can you create your Game Account through the use of a third-party account (e.g. your account with Facebook, Twitter). .
3.2 To create a Game Account, you will be required to register as a user(“User”)and accept the the Terms of Service. If you do not accept those terms, you will not be able to create a Game Account.
3.3 To create a Game Account, and access some of our Services, you must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction. If you are between the minimum age for personal data collection and age of majority in your jurisdiction, your parent or guardian must review these Terms and accept it on your behalf. Parents and guardians are responsible for the acts of their children under age of majority when using our Services.
3.4 You shall provide us with the information and complete all the registration procedures according to the instructions on the registration page. By creating a Game Account:
3.4.1 you authorize us to assume that any person using our Services with your user name and password Is either you or a person authorized to act for you;
3.4.2 you must not impersonate or attempt to impersonate another person; and
3.4.3 you must safeguard the user name and password of your Game Account and keep them secret and confidential;
3.5 You undertake to, and shall, comply with all applicable laws and regulations when you use the Services provided by Seasun.
3.6 Your Game Account can only be used by yourself and you may not lend, give away or rent the Game Account or transfer, sell ,inherit or share the Game Account in breach of these Terms. You shall notify us immediately when you become aware that your Game Account is used without authorization. You can request us to suspend the login and use of your Game Account，in order to avoid being maliciously canceled by others due to Game Account theft, we will carry out the necessary confirmation process. Otherwise, we reserve the right to refuse your request.Otherwise, the unauthorized use will be treated as an act of you and you shall be solely liable for all loss, damages and consequences arising therefrom, including but not limited to online signatures of various agreements, release of information, purchase of commodities and services as well as disclosure of information under these Terms. If the use of your Game Account is deemed to threaten the safety of your Game Account, the Game Account and/or information of other Users and/or the security or system integrity of Our Game, we have the right to suspend and/or terminate your Game Account and/or stop providing the Services immediately without notice to you at our sole discretion.
3.7 If your Game Account has not been used up to consecutive 360 days we reserve and you acknowledge that we have the right to suspend, terminate, retrieve or replace the Game Account, delete or de-identify all records (including but not limited to registration information, Virtual Items, etc.) of the Game Account or take other cleanup measures unless otherwise required by applicable laws and regulations. Accordingly, the Game Account cannot be logged in to any of Our Game and any corresponding Services are also terminated, and your related information may be blocked or removed. We will notify you in a manner we consider appropriate, including but not limited to popup windows, website announcements, site notices and user notifications, before taking such actions on your Game Account.
3.8 We may immediately without notice terminate these Terms with you and suspend or terminate your Game Account or use of the Services if (a) you have materially breached your obligations under these Terms or other related documents that are expressly incorporated into these Terms by reference; (b) you have violated applicable laws, regulations or third party rights; or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of the Company Users, or third parties. We have the sole right to determine whether you are in breach of any terms contained in these Terms.
3.9 You shall not use the Services to conduct money laundering and/or terrorist financing activities in any way, shape or form. We will closely monitor such acts and investigate any abnormal activity relating to any large amount of Virtual Items. We reserve and you acknowledge that we have the right to suspend or terminate the Game Account if we detect you have engaged in such activities. We also reserve the right to cooperate with competent authorities, including but not limited to conducting investigations, collecting evidence of such money laundering and/or terrorist financing activities and providing identity information and the transaction records of associated Game Account.
4 License and Intellectual Property
4.1 Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to Install and use Our Game only on your personal smartphone, tablet, computer or other mobile or wireless device (which must be designated by us as being compatible for use with our Game). Company reserves all rights not expressly granted to you herein. You acknowledge and agree that we may terminate this license at any time, for any reason, with or without cause.Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to use our Content for your own personal and non-commercial use and purposes.
4.2 You acknowledge that our Game and content provided through Seasun are subject to protection by trademark, copyright and other intellectual property rights. Other than the User Content, all intellectual property rights in Our Game and any Content (including content provided by the Company and other Users, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, and any related documentation or text incorporated into the Game) are owned by us or our licensors. We retain all right, title and interest in and to our Game and any modifications and updates thereto. Except as expressly set out here, using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and you acknowledge that you do not acquire any right, title or other ownership rights by downloading content from our Game.You acknowledge that the rights aforementioned are merely licensed, not sold, to you under these Terms. You acknowledge that all intellectual property and other relevant rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content, regardless of whether you 'earned' or 'purchased' such Content in the game.
4.3 You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by applicable law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Further, you shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of our Game in any way for any public or commercial purpose without our prior written consent Without prejudice to other remedies that we're entitled to, we reserve the right, with or without notice, at any time and in our sole discretion to suspend and/or terminate the Game Account of any User who infringes or is alleged to infringe any trademarks, copyrights or other intellectual property rights.
5Virtual goods
5.1 The Game may sell the game service in the form of Virtual Goods (referred to in these Terms as “Virtual Goods”) from time to time. Virtual Goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency for use in the Game.
5.2 You can obtain different Virtual Goods in various ways in the Game, and we may allow you to “purchase” some Virtual Goods with “real money” or virtual currencies (include any type of digital currency). Certain Virtual Goods in the Game may be unavailable if not purchased.
5.3 Virtual Goods are licensed to you, not sold. You do not have any real-world property rights to the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion, except as otherwise required by applicable laws.
5.4 To keep the normal update and operation of the Game, and maintain a fair environment in the Game and other purposes, we has the complete right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and we shall have no liability to you or anyone else for these actions.
5.5 In the Game settings, Virtual Goods have no value in exchange for any real-world currency or property, and to maintain a fair environment in the Game, in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real money” or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by the Terms, the Terms or otherwise permitted in the gameplay.
5.6 Unless otherwise agreed by the parties or required by the laws of your country/region,all purchase of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from us at any time. You know and agree that you will waive the right to withdraw before you obtain the virtual goods.
5.7 We reserves the right to modify the price for Virtual Goods and other conditions to obtain Virtual Goods, the conditions to obtain Virtual Goods in the game are not fixed.
5.8 Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction and the need for game design.
5.9 You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
6 Your legal obligations and promises to us
6.1 You confirm that:
6.1.1all information and details provided by you are true, accurate and up-to-date. The rights granted under these Terms are strictly personal to you and you must not make the Services or your password(s) available to anyone else; and
6.1.2you will comply with the Rules of Conduct relating to your use of the Services and/or Virtual Items as set out in Sections 7, 8 and 9 and any other restrictions set out elsewhere in these Terms.
6.2You agree to compensate us where we pay damages or incur any other losses or expenses in respect of any claim made by a third party due to your breach of these Terms or contrary to any other laws and regulators or the rights of a third party.
7 Rules of conduct and your use of the Services
7.1 You acknowledge our rules of conduct and agree that in using the Services (including the creation of User Generated Content) you will not:
7.1.1 use or allow the use of the Services for any purpose or activity that is illegal, unlawful or in breach of these Terms, public orders and moral restrictions;
7.1.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create, derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof for commercial purpose without our prior consent;
7.1.3 sell, rent, lease, share or provide access to your Game Account or access or attempt to access the Game Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;
7.1.4 partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Services;
7.1.5harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making, disseminating personal attacks or statements about race, sexual orientation or religion (in our Games or Services); organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, manipulative, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate (where user-generated content or an online community exists);
7.1.6use abusive, offensive, or defamatory screen names and/or personas, whether created through Services or through third party devices connected to Services;
7.1.7impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
7.1.8use any unauthorized third-party programs that interact with the Game in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Services and us , or that collect information about the Game by reading areas of memory used by the Game to store information about the Game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.;
7.1.9upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;
7.1.10improperly use in-game support or complaint buttons or make improper, false or spurious reports to us;
7.1.11use our Content to build any service or game that may disadvantage or compete with our Services or assist another person in building a service or game that would compete with our Services;
7.1.12probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
7.1.13use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the content, navigational structure or presentation of our Services; and
7.1.14sell, buy, trade, give, lease or otherwise transfer or offer to transfer your Game Account, any personal access to our Services, or content associated with your Game Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction except as expressly permitted by the Terms, applicable laws or otherwise permitted in the gameplay;
7.1.15apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;
7.1.16take advantage of the price differential of Virtual Currency or Virtual Items to make profit by buying and/or selling Virtual Currency and/or Virtual Items from/in different territories;
7.1.17exploit the Services, for any commercial purpose, including without limitation (a) using at a cyber cafe, computer gaming centre or any other location-based site; (b) gathering Virtual Items, Virtual Currency, or other in-game resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
7.1.18Use the Services for political or religious reasons;
7.1.19Infringe other third parties’ rights including but not limited to intellectual property rights ;
7.1.20Promote, encourage, or help others to take part in any prohibited activity described above.
7.2 To the extent the Services functionality technically permits it, you shall not post or communicate any person’s ‘real world’ personal information whilst using the Services, particularly not in any chat rooms or forums.
7.3 In order to maintain a positive and friendly environment, you acknowledge and agree that we have the right to evaluate your action based on data we collected in Games and/or Services and decides whether you have violated the above rules or not. If we are fully convinced that you are in violation of the Terms, we have the right to implement different sanction measures depending on the severity of your violations.
7.4 WE MAKE OR GIVE NO CONDITION, REPRESENTATION, WARRANTY OR GUARANTEE AS TO THEACCURACY,COMPLETENESS,CURRENCY,CORRECTNESS,RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OR INFORMATION MADE AVAILABLE TO YOU THROUGH OUR GAMES AND ANY OF THE OTHER SERVICES (THE “CONTENT”) AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED. Our Services may display Content that is not produced or owned by us and is for general information purposes only. This Content is the sole responsibility of the person that makes it available. You should check any Content and exercise your own judgement before acting upon any of the Content. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy; completeness or usefulness of any Content. You agree that your accessing and viewing of such content is at your own risk. In case of doubt, you should seek your own independent advice with respect to any content
7.5 Please ensure that your device, its operating system, and the Games are completely up to date with all available security software, patches and updates.
7.6 If your use of Our Games results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
7.7 In order to protect the physical and mental health of young users who may exist in the game and avoid being harassed by bad information on the Internet, we may filter some bad information as necessary. In response to complaints from other users or any third parties, or if we, in our sole discretion, believe that any content does not comply with these terms, we may take any measures, including without lmitation removing or refusing to display such Content.
8 User Generated Content (UGC)
8.1 User Generated Content (UGC) means any form of original content generated by a user of the Services (including remarks, suggestions, ideas, graphics, text, images, video, information, and messages) communicated, posted, uploaded, or sent by users on or in connection with the Services. Our Services may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of UGC.
8.2 To avoid any doubt, the derivative works users adapted from the Content of the Game or Services is explicitly excluded from the UGC defined herein; for more information of the derivative works you may refer to Section 4 of this Terms or separated guideline for derivative works (if any).
8.3 You agree submitting any form of UGC, you are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such UGC for any purpose including the making available of such UGC to third parties, provided that we may not use UGC in violation of the Privacy Policy. You warrant and represent that you are the exclusive copyright and intellectual property rights holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
8.4 We, or third parties engaged by us, may monitor and/or moderate UGC but we do not guarantee or endorse the truthfulness, accuracy, quality, or integrity of any UGC posted via the Game or any part of the Services. By using our Services there is a possibility that you may be exposed to material you find offensive or objectionable. However, if someone is violating these Terms or misusing the Services, please report this to us by contacting us at [email protected] We will review the report and may, at our reasonable discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Services and terminating or suspending their Game Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.
8.5 We reserve the right to remove and permanently delete any UGC from our Services with or without proper notice once we deem that it contains information in violation of the section 6. Furthermore, you acknowledge and agree that we have the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party's intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are under a legal obligation to do so.
9 Availability and functionality
9.1 We reserve the right to limit the number of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from us or our representatives through the Games or as otherwise expressly authorised. We reserve the right to refuse any request to purchase Virtual Items for any reason.
9.2 We will use reasonable endeavours to maintain the operation of the Games and Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Games and Services and we may have to suspend operation of a Game or particular Service without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. But you understand and agree that we cannot be liable for the loss caused by such suspensions, interruptions or errors contributed by circumstances outside our reasonable control.
9.3 We will try our best to maintain the operation of our services, but please understand that we cannot guarantee that our Games or any part of our Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software or services. We also do not guarantee that our Services can be accessed in all geographic locations.
9.4 To diversify our Services, hyperlinks to third-party websites and services may be included in our Service. You agree and understand that you are at your own risk to visit the third-party websites or services. We do not control these websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information. Therefore, we strongly suggest you check out their own User Agreement as well as Privacy Policy before you decide to visit. For more information of the third-party services, you can refer to our Privacy Policy.
10 Refund
10.1We may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner.
10.2For countries and regions with special provisions for refunds, the refund policy in the [APPENDIX A] shall prevail.
11 Updates
11.1You agree that the Games and any aspect of the Services may automatically download and install updates, upgrades, and additional features that we deem reasonable, beneficial to you and/or reasonably necessary. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
12 Suspension and Termination
12.1Acting reasonably, we may suspend, restrict or terminate your access to the Games, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:
12.1.1 you breach of any of the restrictions or provisions in these Terms;
12.1.2for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or
12.1.3we decide to withdraw the Game(s), Virtual Items and/or any other part of the Services from the market for any reason in our sole discretion, acting reasonably.
12.2We will always do our best to give you an initial warning rather than moving straight to terminate, or suspend your access to our Games, Virtual Items and/or any other Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may then move to terminating our contract with you under these Terms and your licence to access our Games, Virtual Items and/or any other part of the. Under such circumstances we will notify you in writing by email, push notification, customer service section or within the app, official website, or other part of the Services as appropriate. You can also request to delete/permanently terminate your Game Account by contacting us at [email protected] to terminate our relationship.
12.3You understand and agree that upon termination the rights and the licence granted herein will terminate and you may not be able to access the applicable Games, Virtual Items and/or any other part of the Services through your Game Account.
12.4You understand and agree that upon your request to terminate your Game Account or our final decision to terminate your Game Account (our decision to permanently withdraw a Service or Game from the market shall be excluded), you will not receive any compensation or reimbursement for any Virtual Items for any reason, whether such termination was voluntary or involuntary, unless otherwise required by applicable law or policy in your country of residency.
12.5WE MAY DECIDE TO DISCONTINUE OFFERING ANY GAME, SERVICE OR CONTENT PERMENANTLY IN OUR SOLE DISCRETION. Prior to stopping the availability of any of our Games and/or Services, we will use our reasonable efforts to notify before such Games and Services become unavailable. Notification may be via our websites, push notification, alert, email or other messages. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Services unless required by APPLICABLE lawS.
13 Our Legal Obligations and Limits on Liability
This section 13 does not apply to you if you are resident in countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident elsewhere, including in the United States of America.
13.1OUR GAMES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE WILL TRY OUR BEST TO MAINTAIN THE AVALIBILITY AND STABILITY OF OUR SERVICE BUT YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, DUE TO THE NATURE OF THE TECHNOLOGY AND SOFTWARE, WE ARE NOT ABLE TO PROVIDE EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE OUR GAMES OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT OUR GAMES OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE SHALL BE HOLD HARMLESS FROM OR AGAINST ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF OUR GAMES AND SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR GAMES AND SERVICES UNLESS THERE IS FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE. WE ALSO MAKE NO GUARANTEE THAT OUR GAMES AND SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR SERVICES.
13.2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c) LOST SAVINGS,
(d) LOSS OF DATA, OR
(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
13.3TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A GAME OR SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE} THE LOWER OF THE following MONETARY AMOUNT (i) THE FEES, RELATING TO THE GAME OR SERVICES, ACUTALLY PAID BY YOU TO US DURING THE Six (6) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING; AND (II) USD$100. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, OR ANY OTHER LIABILITY THAT CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
14Disputes Resolution and Governing Laws(Rest of World)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF these Terms, EXCLUDING CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA.
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
14.1 Governing Law. To the fullest extent permitted by applicable laws and regulations, the validity; interpretation, modification, supplement, termination, execution of these Terms and any dispute or claim resulting from or in connection with these Terms will be governed by and construed in accordance with the laws of Singapore, provided that nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.This Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14.2 Binding Individual Arbitration. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination shall be firstly settled through friendly and amicable negotiation between you and the Company, If the negotiation fails, it will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC rules then In force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
14.3 Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
14.4 Informal Resolution.You agree that in the event of any dispute, Seasun and you shall first attempt to resolve any such dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to [email protected] In the event that any such dispute cannot be resolved informally, you agree that the dispute, including any question regarding the arbitrability of the dispute, shall be finally and exclusively resolved by binding arbitration in accordance with this Section 14.2 above.
14.5 Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Furthermore, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this clause 14.5 shall be null and void.
15 Dispute Resolution and Governing Laws(United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read this section carefully,It affects your rights, including your right to file a lawsuit in court.
15.1 Governing Law.If you live in the United States of America, you and Seasun each agree that these Terms including but not limited to any Dispute, controversy, difference, or claim arising out of or relating to these Terms or Seasun Services, including the existence, validity, interpretation, performance, breach or termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to these Terms or Seasun Services shall be governed by and construed under the laws of the United States of America, excluding its conflict of law principles.
15.2 Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting these Terms, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you and Seasun will be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).
15.3 You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.
15.4 For the purposes of these Terms, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and Seasun regarding any aspect of your relationship with Seasun, including those arising out of these Terms or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
15.5 Binding Individual Arbitration. If you live in the United States of America, you and Seasun agree that, except as provided in section15.14 below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and Seasun further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting this Agreement, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.
15.6 The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of your residence. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.
15.7 You or Seasun may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).
15.8 Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
15.9 Informal Resolution. You agree that in the event of any Dispute,Seasun and you shall first attempt to resolve any such Dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal Dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the Dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to SEASUN INC,353 SAINT MARTIN DR REDWOOD CITY，CA 94065.
15.10 In the event that any such Dispute cannot be resolved informally, you agree that the Dispute, including any question regarding the arbitrability of the Dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (a) of Section 15.5 above.
15.11 Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both Seasun and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. Notwithstanding any other provision of this Agreement, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 15 shall be null and void.
15.12 Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Agreement.
15.13 Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and Seasun may opt out of the arbitration procedures described above. If you do so, neither you nor Seasun can force the other to arbitrate.
15.14 You or Seasun may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE SEASUN WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your in-game username and the email address you used to set up your in-game account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with Seasun through arbitration. You must mail your opt-out notice to SEASUN INC,353 SAINT MARTIN DR REDWOOD CITY，CA 94065, If you do not provide Seasun with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to this Agreement, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
15.15 Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the Seasun Services, and/or your relationship with Seasun.
16General
16.1 These Terms and any document incorporated by reference constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters. The limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors, and assigns. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any its terms.
1Force Majeure
1.1 Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses, acts of God, the change of political relationships between the countries, change of regulations in connection with games in your country of residency. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period, we may terminate access to the applicable Games, Virtual Items or Services with prior notice to you.
2 External links
2.1 To the extent where Our Game contains any link to other websites or resources, the following provisions apply:
2.2 (a) Although these websites or resources are selected with care we are not responsible for the content or accuracy of any off-site pages or any other sites or resources linked to Our Game (including those sites or resources linked through advertisements or through any search engines).
2.3 (b) We are also not responsible for the processing of your personal data by these websites or resources. You may need to refer to their privacy policies with regard to such processing.
2.4 (c) The fact that we include links to such external websites and resources does not imply any endorsement of, or association with such operators, content or opinions. Your use of websites or resources linked from Our Game is subject to any terms and conditions applicable to those websites or resources.
2.5 The failure of either you or us to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only If in writing and signed by the relevant party.
3 Beta Testing
3.1 From time to time we may offer a beta version of one of our Services (a “Beta”). As the name implies, Betas are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly as well. For the license granted to you under this Terms to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this Terms:
(a) We may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test;
(b) We may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta;
(c) Use of a Beta is subject to confidential treatment of that Beta and all elements thereof. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the Beta (including any feedback provided and the Game itself). You agree that you will:
(i) not use any Confidential Information other than as necessary to use the Beta in accordance with this Terms;
(ii) maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;
(iii)not disclose the Confidential Information to any person or entity other than as permitted by us; and
(iv) not make any public announcements related to Beta or the Service, including publishing or disclosing any information (e.g. screenshots and specifications) relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion.
(d) termination of a Beta by us is not grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency; and
If and when we release a full (non-Beta) version of the particular Game and we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 19 but will still be subject to the rest of this Terms.
4 Miscellaneous
4.1These Terms are the entire agreement between you and us in relation to your use of the services and supersede all prior agreements between us in relation to your use of the services.
4.2The failure of either you or us to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only If in writing and signed by the relevant party.
4.3Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will survive such termination or expiration.
4.4If any provision of these Terms is held by a court to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, it shall be deemed deleted without affecting the validity and enforceability of the remaining provisions of these Terms. If the invalid, illegal or unenforceable provision cannot be deleted without altering the essence of these Terms, we may amend these Terms to remedy such invalidity, illegality or unenforceability to the extent needed to achieve the intent of the original provision.
4.5We welcome feedback, comments and suggestions for improvements to the Service ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
4.6Each party shall pay its own costs incurred in connection with the performance of any of its obligations under these Terms, save to the extent that is expressly provided otherwise in these Terms.
4.7No provision in these Terms is intended to or creates a partnership between the parties or establishes a party as the agent of another party for any purpose. A party has no authority to act for, bind, contract In the name of or create a liability for the other party by any means or for any purpose.
4.8Each party shall, and shall use all reasonable endeavors to procure that any necessary third party shall, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.Notwithstanding any other provision in these Terms:
4.8.1you shall not without our prior written consent, assign, transfer, novate, part with, outsource, subcontract or delegate any of your rights, responsibilities and/or obligations under these Terms (in whole or in part); and
4.8.2we may assign, transfer, novate, part with or subcontract any of our rights, responsibilities and/or obligations under these Terms (in whole or in part) to any other member of the Company without your prior consent
4.9A person who is not a party to these Terms has no right to enforce any terms of these Terms.These Terms are drafted in the English language. If these Terms are translated into any language other than English, the English version shall prevail to the extent of any inconsistency unless otherwise required under applicable laws and regulations.
5 Contact information
5.1If you have any complaints, suggestions or other questions on these Terms, please contact us via in-app access for feedback or complaints or through email at [email protected]. We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.
APPENDIX A
(This is only for legal provisions, not the game policy itself)
【FOR EU/UK ONLY】
We are obligated as merchants to inform you of the EU/UK right of withdrawal in very specific legal terms, which you can find below. If these should in any way differ from our more informal wording, the below terms shall prevail towards any EU/UK consumer.
Right of withdrawal
As a user domiciled in a European Union member country or the United Kingdom of Great Britain and Northern Ireland, you have the right to withdraw from any purchase in Our Game without giving any reason.
For any digital content purchased online, you have agreed upon checkout that the withdrawal period will expire 14 days after you purchase such digital content or when you start downloading the content for the first time, whichever is sooner. For hardware, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
Effects of withdrawal
If you exercise your right of withdrawal, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Exceptions from the right of withdrawal:
The statutory right of withdrawal is not applicable as regards the following:
service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
the supply of goods made to the consumer’s specifications or clearly personalized;
the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM IF THE PERFORMANCE HAS BEGUN WITH THE CONSUMER’S PRIOR EXPRESS CONSENT AND HIS ACKNOWLEDGMENT THAT HE THEREBY LOSES HIS RIGHT OF WITHDRAWAL.