END USER LICENCE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA” OR “AGREEMENT”) CAREFULLY. YOU AGREE THAT YOUR USE OF THE GAME ACKNOWLEDGES THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND THAT YOU REPRESENT AND WARRANT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS EULA ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD OR WARD, AS THE CASE MAY BE. IF YOU HAVE NOT ATTAINED THE AGE OF MAJORITY （ GENERALLY 18 YEARS OLD ） IN YOUR COUNTRY OF RESIDENCE , YOU MUST OBTAIN THE NECESSARY PERMISSION IN THE FORM REQUIRED BY LAW FROM YOUR PARENTS OR OTHER LEGAL REPRESENTATIVES. BY USING AND PARTICIPATING IN THE GAME YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE GAME. YOU ARE RESPONSIBLE FOR ANY INTERNET CONNECTION FEES THAT YOU INCUR WHEN USING AND PARTICIPATING .
Th is EULA is a legally binding agreement between Kwai Games Pte. Ltd (“ KG ”, “we”, “our”, or “us”) and you (“you” or “User”) . This EULA to gether with the T erms of U se which can be found on w ww.kwaigamesglobal .com/terms (“Terms of Use”), and the P rivacy P olicy which can be found on www.kwaigamesglobal .com/privacy, as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively “ KG Terms”), govern your participation and use of the videogame , application, software, their associated upgrades, patches, and updates and related services (the “Game”) and any other product s , online service s or website s (individually and collectively “ KG Services”) currently offered or which will be offered by KG or any of its subsidiaries and affiliates.
KG reserves the right at any time and in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA. KG will inform you about such revisions by email and/or by a notice on www.kwaigamesglobal .com and/or during you log in and/or other notification methods . Unless indicated otherwise, such revisions affecting existing KG Services shall be effective at the ear lier of your acceptance, or thirty (30) days after posting. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with this EULA.
Capitalized terms used in this EULA without definition shall have the same meanings specified in the Terms of Use.
While participating in the Game, you also agree to comply with certain rules of conduct that govern your use of the Game (“Rules of Conduct”), for example you may not:
· Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. A ny type of hate speech is not tolerated in the use of the Game . .
· Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting a lot of text, large images or other content so that the screen goes by too fast to read, use of excessive shouting [all caps] or other methods in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
· Impersonate another person (including celebrities), indicate falsely that you are a KG employee or a representative of KG , or attempt to mislead users by indicating that you represent KG or any of KG ’s subsidiaries or affiliates.
· Attempt to get a password, access information, or other private information from anyone else on KG Services.
· Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game and software.
· Upload files or code that contain a virus or corrupted data.
· Improperly use web support or complaint buttons or make false reports to KG staff.
· Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications without expressly authorized in writing by KG .
· Modify any part of the KG Services that KG does not specifically authorize you to modify.
· Post or communicate any user’s real-world personal data using a KG Service.
· Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a KG Service.
· Attempt to use KG’s Software on or through any service that is not controlled or authorized by KG .
· Exploit the Game or any of its parts thereof or KG Services, for any commercial purpose, including without limitation (a) us ing at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
· Interfere with the ability of others to enjoy playing a KG Service or take actions that interfere with or materially increase the cost to provide a KG Service for the enjoyment of all its users.
· Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
· Reverse engineer, decompile or disassemble all or any portion of the Game.
· Facilitate, create or maintain any unauthorized connection to the Game, including without limitation and (b) any connection using programs or tools not expressly approved by KG ;
· Sell, exchange, trade, give, convert, redeem or otherwise transfer KG Services or Virtual Goods outside the Game, or sell, exchange trade, give, convert, redeem or otherwise transfer t he abovementioned content inside the Game, except as expressly permitted by this EULA, the KG Terms , applicable laws or otherwise permitted in the gameplay.
· use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
· allow or assist any third party to do any of the above.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Game (whether or not such third parties are registered users of the Game) and for the employees and representatives of KG . You must also obey all applicable national, provincial, and local laws and regulations that apply to your activities when you use the Game.
KG reserves the right to terminate this EULA and to prevent your use of any and all KG Services if your a ccess is used to engage in illegal activity, violates these rules of conduct, or otherwise any KG Terms. If your rights are violated by other users, we will assist you in providing the necessary materials to defend your rights.
II. Limited Use License
Subject to all applicable laws , on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any) between you and us, KG hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use the Game and any Content therefrom for your individual, non-commercial, entertainment purposes only. The foregoing license is subject to the following: (1) you are current with your payment of all applicable fees for the use of the Game and KG Services to which you have subscribed and (2) you comply with the Terms of Use (if any), this EULA and the Privacy Policy and you are not otherwise in breach of any KG Terms. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
The Game may require or allow you to download software, software updates or patches, or other utilities and tools from KG or its licensors ( collectively, “ KG Software”). In such cases, KG grants to you a non-exclusive, limited license to use KG Software solely for the purpose stated by KG at the time the KG Software is made available to you. If an End User License Agreement is provided with the KG Software, your use of the KG Software is subject to the terms of that license agreement in addition to these KG Terms. You may not sub-license, or charge others to use or access KG Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from KG Software. You may not modify KG Software or use it in any way not expressly authorized in writing by KG . You understand that KG ’s introduction of various technologies may not be consistent across all platforms and that the performance of KG Software and related KG Services may vary depending on your Device s and other equipment s .
From time to time, KG may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue to use the Game and improve services . You agree that KG may stop to support previous versions of the Game upon availability of an updated version.
III. Intellectual Property
KG Services and all title, ownership rights, intellectual property rights, neighboring rights and other rights and interests in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by KG or KG ’s licensors and are protected by American , Singaporean and International copyright , trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a KG Service unless our terms expressly authorize you to do so.You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game in whole or in part . KG reserves all rights in KG owned and licensed Game and KG Services that are not expressly granted to you in this EULA or KG Terms. You acknowledge that KG and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
U nauthorized use of the Game in whole or in part by copying, modifying or otherwise, may immediately result in the termination of this EULA, prohibition on use of KG Services , further legal action and so on . All c ontent owners may take criminal or civil action against you for unauthorized use of intellectual property.
IV. Virtual Goods
The Game may sell the game service in the form of V irtual G oods (referred to in this agreement as “Virtual Goods”) from time to time . Virtual G oods 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.
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.
To keep the normal update and operation of the Game, and maintain a fair environment in the Game and other purposes, KG has the complete right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and KG shall have no liability to you or anyone else for these actions.
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 this EULA, the KG Terms or otherwise permitted in the gameplay .
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 KG at any time, except as otherwise required by applicable laws. You know and agree that you will waive the right to withdraw before you obtain the virtual goods .
KG reserves the right to modify the price for Virtual Goods and other conditions to obtain V irtual G oods , the conditions to obtain Virtual Goods in the game are not fixed.
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 .
All the information collected from you is subject to all applicable local Laws and KG shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the KG Services shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, user has the right to request modification or deletion of your personal data after passing our review process in a required proper manner. Please see Privacy Policy for more information regarding to the collection and use of your information.
This EULA is effective from the earlier of the date you purchase, download or use the Game, until terminated according to its terms . Both you and KG (or its licensors) may terminate this EULA at any time for any reason or for no reason. Termination by KG will be effective upon notice to you, termination or deletion of your Account (if any), or KG ’s decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this EULA (and consequently, your Account (if any)) at any time by notifying KG at privacy@kwaigamesgloabal.com . Upon termination of this Agreement, your right to use the Game shall immediately cease you must immediately uninstall the Game and destroy all copies of the Game in your possession.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law or as expressly provided in KG Terms.
KG reserves the right to collect fees, surcharges or costs incurred before you terminate this EULA.
This Section shall survive termination of this EULA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW S , YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER KG SERVICE, KG SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, KG SERVICES, KG SOFTWARE, CONTENT, KG ’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. KG PROVIDES THE GAME AND KG SERVICES ON A COMMERCIALLY AND TECHNOLOGICALLY REASONABLE BASIS AND WE WILL DO OUR BEST TO CONTINUOUSLY MAINTAIN AND IMPROVE OUR SERVICES WITH THE HELP OF YOU AND OUR PARTNERS, BUT WE CAN NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE KG SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT KG WILL HAVE ADEQUATE CAPACITY FOR KG SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE KG SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED IMMEDIATELY , OR THAT THE KG SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KG OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY KG SERVICES. YOU ACKNOWLEDGE AND AGREE THAT KG , ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY KG SERVICES OR USE OF KG SOFTWARE. IN NO CASE SHALL KG OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “ KG AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO KG FOR KG SERVICES. IN NO CASE SHALL KG OR KG AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF KG SERVICES, KG SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF KG SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, KG ’S AND KG AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Upon KG ’s request, you agree to defend, indemnify and hold harmless KG and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from your access or use of the Services, your violation of any applicable laws or third party’s rights and interests, a breach of this EULA, or any other KG Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold KG harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to KG , its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.
KG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to KG in that matter.
IMPORTANT: KG MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND KG SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL , AND YOU MAY LOSE ACCESS TO ANY VIRTUAL GOODS YOU MAY HAVE “EARNED” OR “PURCHASED” . KG RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
As applicable, certain parts of the Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
You hereby acknowledge and agree that KG would suffer irreparable harm if this EULA or any of the KG Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that KG shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other KG Terms.
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other KG Terms (“Dispute”), you and KG agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. KG will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to KG via email to privacy@kwaigamesgloabal.com .
You agree that this EULA is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that the Terms of Use, the Privacy Policy, this EULA and any other KG Terms, including KG ‘s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
If any part of this EULA or the KG Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of KG , and the remaining portions shall remain in full force and effect.
KG may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without KG ’s prior written consent, and any unauthorized assignment by you shall be null and void , and KG may in its sole discretion, terminate providing any services to you without notice first. Notwithstanding the foregoing, KG shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
The failure of KG (or its licensors) to exercise or enforce any right or provision of this EULA or any KG Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by KG (or its licensors) of any provision, condition or requirement of this EULA or any KG Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
KG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of KG , including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond KG ’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
This EUL A shall be governed by and construed under the laws of Mainland China excluding its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
This EULA, the Privacy Policy, and any other KG Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and KG relating to your rights and obligations in the use of the Game and the KG Services. If there is any conflict between this EULA, the Privacy Policy, and any other KG Terms, KG shall resolve the conflict in its sole discretion.
For any questions concerning this EULA, you may contact KG at the following address: privacy@kwaigamesgloabal.com .
Date of Last Revision: December 15, 2020