Last Updated: 9, 28, 2025
Effective date: 1, 19, 2025
[PlayDream LIMITED]("PlayDream" or "we") is a game developer that provides games, features, content and services to users via websites, mobile applications and other channels or portals (the "Services").
This Terms of Use (this "Agreement") is a binding legal agreement between users("you" or "your") and Hangzhou PlayDream Network Co., Ltd and its affiliates and subsidiaries("we", "us" or "our"). This Agreement also apply to any other services that we may provide in relation to the Games or other services, such as customer support, social media, community channels and other websites that we may operate from time to time(all our Games and other services collectively referred as the "Services"). We hereby remind you to read this Agreement carefully and to fully understand the terms and conditions set forth herein. For proper use of the Service, please read carefully and fully understand the terms and conditions herein before your use, especially the Limitation of Liabilities, Privacy Policy, Applicable Law and Dispute Resolution and other sections which may have been highlighted in bold or in capital letters for your attention.
1. By registering for, accessing or using the Services, you are deemed to have read, understood and agreed to be bound by this Agreement. When you click "Agree" (or "Accept" or other words with the same meaning) online, you shall be deemed to have read this Agreement in detail and agree to abide by this Agreement, and you shall be deemed to have confirmed that the exclusion and limitation clauses in this Agreement do not fall within the scope of clause "exempting from liability, increasing the liability of the other party, or excluding the main rights of the other party" in the relevant laws and you agree to the legality and validity of this Agreement and conditions. If you do not agree to this Agreement, you may not access or use the Services.
2. Please accept this Agreement only if you confirm that all of the following conditions are met:
(1)You will read the terms and conditions of this Agreement carefully, with emphasis on those that exclude or limit our liability, those that limit your rights, and those that provide for dispute resolution and jurisdiction.
(2)You have carefully read and do not object to any of the terms of this Agreement and agree to be bound by the terms of this Agreement.
(3)You confirm that your account is for your personal use only and that the transaction account number (including but not limited to bank accounts, other virtual currency accounts, etc.) to which your account is bound matches your identity information.
3. In order to improve your user experience or enhance our services safety performance, we will continue to work hard to develop new features, and provide you in a timely manner with software updates (including but not limited to software version upgrades, modifications, and functional perfection) or repairs. We may reserve the right to modify this Agreement as necessary in accordance with applicable laws and regulations. The updated Agreement shall supersede the original Agreement and shall come into effect after the expiration of the period stipulated by applicable law. If there is no special provision in applicable laws, this Agreement shall become effective on the date of renewal. The updated Agreement will be announced on the corresponding official website for your reference at any time. If you continue to access or use the Services, you will be deemed as you having read and agreed to be bound by the updated Agreement. If you do not accept the updated Agreement, please stop using the Service.
If not stated to the Agreement, the following terms have the following meanings:
1. Game Software: refers to the Game Software (including all types of adapted versions) provided by us, as well as updates, upgrades, patches, and materials related to such game software, and may include related web servers, websites (including but not limited to the official website or official forum of such game), electronic media, printed materials or electronic documents, etc.
2. Ancillary Services: refers to the online operation services we provide to you in relation to the aforementioned related game software.
1. The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of this Agreement and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
3. There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
1. Login.
You can use the Services through the visitor mode, the background of the Services in the visitor mode will automatically generate your visitor ID (the "account"). Please make sure to bind your account with your Google or Facebook account in time; otherwise, if you change your initial login device or delete the data on your initial device, all your game information will be lost and cannot be recovered. Your account is only used to access and use the Services and you may not share your account or transfer your account to anyone else. You agree that you are solely responsible (to us and to any third party) for any actions and results that occur under your account.
2. Age.
To create an 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 this Agreement and accept it on your behalf. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Services. You and parents and guardians agree to:
(1) Supervise your use of the Services;
(2) Assume all risks associated with your use of the Services, including the transmission of content to third parties over the Internet;
(3) Assume any liability arising from your use of the Services;
(4) Ensure the accuracy and truthfulness of all information submitted by you;
(5) Assume responsibility for your use of the Services and be bound by this Agreement.
We may allow a minor under the minimum age for personal data collection to register for certain Services with the verified consent of a parent or legal guardian. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the verification and approval process as consistent with applicable law.
3. Creating Account.
When creating an account and a user identity ("User ID"), you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current, and complete. If the Account information you provided is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to your User ID. unless we are provided with information evidencing the contrary.
When using our Services you may choose to, and in some instances you will be required to, create an account. If you do create an account with us, you agree that you will take all steps necessary to protect your log in details and keep them secret. If you do not create an account, your game play and any Virtual Content purchased or earned will not be accessible from any other device, and will not be restored to a different device if you lose, damage or change your device.
4. Account security.
Please keep your account secure and do not disclose it to any third party. If you know or suspect that any third party knows about your account or has accessed your account, please notify us immediately via the contact details specified in this Agreement. We will provide you with assistance regarding the security of your account, but we do not guarantee that we will be able to successfully retrieve your account. In such cases, we may temporarily or permanently block the account, or take such measures as we deem appropriate to help you. Your Account is personal to you and you are not entitled to transfer your Account to any other person.
We will be entitled to assume that anyone logging into your Account using your login details is you and not anybody else. If you fail to keep your login details secret, or if you share your login details or Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of any other person accessing your Account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
4. Account Termination.
(1) By you: If you wish to terminate or suspend your account, you can follow our instructions and apply to us to unbind your account and terminate or suspend your account under the premise of meeting the relevant account termination requirements.
We hereby remind you that if you wish to cancel your account, such cancellation is irreversible and will permanently prevent you from accessing or using this product. Once you cancel your account, we will delete your relevant data as well as rights and benefits pertaining to the product and service, will be deleted, including but not limited to virtual currency, virtual items, game data, etc., and the aforementioned rights and benefits include but are not limited to VIP membership rights and account levels . But you agree and know that, limited by the current technology, we can only delete the personal data that we have and control and that you submit. The relevant information generated by the system or under the control of a third party may not be completely deleted, but we will try our best to ensure that your cancellation request is realized within technology scope. For the relevant cancellation process and method, please refer to "User Account Termination Service Agreement".We have no obligation to reinstate your Account or be liable for any loss of data if you delete your Account, or if we delete your Account in accordance with these Terms.
(2)You acknowledge and agree that you will have no ownership or other property interest in any account that you create using any of our Services.To the fullest extent permissible by applicable law, we may suspend, terminate, modify or delete your account without notice to you if we reasonably determine, that:
1)you have breached any part of this Agreement;
2)doing so would be in the best interests of us or is required for upholding a third party's rights;
3)we have stopped offering the Services in your region (though we'll normally post advance notice on our website, or game);
4)you have failed to pay any fees you owe us (except in cases of our gross negligence or willful misconduct) or we have to refund someone due to unauthorized use of a payment made from your account;
5)you have (or we have reasonable grounds for suspecting that you have) made unauthorized use of someone else's payment info.
1. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.We are legally entitled to all legal rights and interests of the Services (including, but not limited to, the intellectual property rights of computer software copyrights, artwork copyrights and patents involved, and the rights to operate such software, etc.) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyrights, trademarks and patents, are protected by applicable intellectual property rights, anti-unfair competition and other relevant laws and regulations and relevant international treaties. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction and permission for any third party to access and use the Services (including, but not limited to, the development of related derivative works), you shall obtain our formal written permission, respectively.
2. In connection with your use of the Services, you grant us and our sublicensees a free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license, without any territorial or temporal limitation and without any approval and/or compensation, with respect to any content you upload through the Services.
3. Subject to your agreement to accept the terms of this Agreement in its entirety, we agree to grant you a non-commercial, revocable, changeable, non-exclusive, non-transferable and non-sublicensable right to use the Services. You may install the Services on a mobile smart device for personal use and run the Services in the manner we specify and enjoy the services we provide, to the extent authorized.
4. If you need to use the Services outside the scope of your personal use or use the Services for any commercial purpose, you should contact us and obtain separate authorization from us. Any unauthorized installation, use, access, display, operation, commercial use, etc. is an infringement.
5. Unless otherwise agreed in this Agreement, you may not, without our prior written consent, whether for profit or not, do any of the following:
(1) Copying, reproducing, decompiling, disassembling, transmitting or displaying the Services and their manuals and other graphic and audio materials, in whole or in part, or reverse engineering any feature or program of the Services;
(2) Renting or selling the Services or using the Services for any profit-making activities;
(3) Modifying or obscuring the service name, company logo, trademark (or) copyright information, other statements regarding intellectual property rights, etc. on the Services' programs, images, animations, packaging and manuals;
(4) Other acts that violate relevant laws and regulations.
6.For avoidance of doubt and without prejudice to the remainder of this paragraph V, in the event you upload or otherwise transmit to us any Content that contains concepts, ideas, or feedback relating to any Game and/or our Services ("Feedback"), you will not be entitled to any compensation for any such Feedback, and we may freely use any such Feedback in any manner we deem appropriate. In addition, any Feedback by you will not create any contractual relationship between us. Except to the extent that any such waiver is prohibited by applicable law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world or, in the event that a waiver is not possible under applicable law, you agree not to assert such moral rights.
1. Your access to and use of the Services is subject to this Agreement, the privacy policy, other application rules and all applicable laws and regulations. You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services.
2. Reminder: Our Game and community specifically prohibit discussion of real-world politics and political figures. Any discussion at the expense of harming specific people or groups is completely prohibited. Any violation of the above rules will be subject to the most severe penalties imposed by the Game.
3. Information, data, software, sound, photographs, graphics, video, messages, tags, usernames, guild names or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user ("Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
4. You agree that, for the benefit of the Game and the community, yourself, and other Game players, you will not:
(1) Rent, trade, sell, give or otherwise deal in the account or resources within the account (including, but not limited to, virtual currency, virtual items, etc.) without our consent;
(2) Upload, transmit, distribute, store or otherwise make available in any way:
1)Content that is defamatory, obscene, violent, pornographic, hateful, or inflammatory;
2)Content that encourages or directs the commission of criminal offences, dangerous activities or acts of self-harm;
3)Content that intentionally provokes or antagonizes others with language, behavior, etc., especially malicious attacks or the perpetration of cyberbullying, or content intended to harass, harm, intimidate, or humiliate others;
4)Any material of a racist or discriminatory nature, including discrimination based on a person's race, religion, age, gender, disability or sexual orientation;
5)Content that contains software viruses, worms or any other harmful code;
6)Content that promotes and abets the use of plug-ins, private server, and Trojan horse related content;
7)Reverse engineer, decompile, decipher or otherwise derive the source code of the Services or non-open source related technologies;
8)Home page addresses or links that we deem inappropriate or that we do not approve;
9)Content that is suspected of infringing our or another company's intellectual property rights;
10)Statements related to the novel coronavirus;
11)Any other content that violates laws, regulations, public order and morals or the rules of the Services.
12)Upload, communicate, transmit or otherwise infringes any intellectual property right or other proprietary right of others.
5. You may not use the Services or participate in our activities through improper means or interfere with our normal provision of software and services, including but not limited to:
(1) Attacking or hacking into the Services' web server, or attempting to log on to the server at concentrated periods of time more frequently than your normal logon needs, thereby overloading the web server;
(2) Cracking or modifying the software programs provided by the Services;
(3) Attacking or hacking the game server/game server-side program of the Services, or overloading the game server;
(4) Creating, releasing, distributing, or using any form of auxiliary tools or programs that hinder the fairness of the Game (such as "plug-ins", which refers to all programs that are independent of the game software and can affect the operation of the Game while it is running, including but not limited to simulating your operation, changing operation environment, modifying data, etc.).
6. In order to maintain the normal operation of the Services, you are not allowed to do the following operations:
(1) Using bugs and errors in the program to disrupt the normal operation of the Game or to spread such bugs or errors (bugs);
(2) Unreasonably interfering with or impeding the use of the software or services provided by the Services by others;
(3) Using the software of the Services by abnormal or illegal means (including but not limited to using the Services to log into the private server of the Game);
(4) Using abnormal methods to log into the Services (including but not limited to using third party software or systems not developed, authorized or approved by us to log into the Game), or using robot programs to maliciously damage the service facilities and disrupt the normal service order;
(5) Using the technical defects or loopholes that may exist in the Services to make profits for yourself and others (including but not limited to copying virtual items, etc.), or engage in other improper acts, etc.
7. You know and agree that we will use the monitoring data in the game program as the basis for judging whether you have cheated in the Game through the use of plug-in programs and other methods.
8.We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. To the fullest extent permitted under applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
9.We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
10.You are solely responsible for your interactions with other users of our Services. You agree that you will not hold we liable for any loss or damage arising from the Content (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
1. In order to facilitate your use of the Services, we may use third-party software or services, and the results of such use and access are provided by third parties. In addition to the terms of this Agreement, your use of such third-party-provided software or services shall be subject to the relevant agreements of the third parties. We cannot guarantee the security, accuracy, or availability of the services and content provided by third parties, and to the maximum extent permitted by applicable laws, you assume the risks and liabilities associated therewith.
2. Whether the third party software or services are pre-installed in the Services or activated or subscribed to by you, you understand and agree that we make no warranties, express or implied, as to the security, accuracy and availability of the services and content provided by third parties and other uncertain risks.
3. Any disputes between you and such third party software and service providers shall be resolved by you and such third parties.
1. You understand and agree that while the Services are currently available for free download, you may recharge the Services to access and use some features or items of the Services under a payment plan or in-app purchase amount of your choice. For the purposes of this paragraph VIII, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Content is successfully credited to your account on our servers. All amounts paid are non-refundable unless in compliance with relevant laws and regulations.
2. You may use real money to purchase our Services, including virtual in-game currency ("Virtual Currency") and virtual in-game digital goods ("Virtual Goods"). You acknowledge and agree that virtual currency and virtual goods shall in no event be exchanged for actual currency or for any item of monetary value.
3. You understand that virtual currencies and virtual goods are an integral part of the Services and that we authorize you to use such virtual currencies and virtual goods in accordance with this Agreement. Such license does not constitute a sale.
4. Virtual currency and/or virtual items are not exchangeable or transferable, except as otherwise provided by the laws of your country. You may not transfer, sell, give away, exchange, trade, lease, sublicense, rent or otherwise use virtual currency or virtual items except as permitted by the system design and gameplay within the Services.
5. We reserve the right to modify, manage, control or cancel virtual currency and/or virtual items and other game services. You acknowledge and agree that we may take any action that may affect the in-game value or purchase price of virtual currency or virtual items at any time, unless otherwise required by applicable law.
6. In the event that the Services are terminated or in the event of other special cases, and a specific portion of the payment needs to be refunded, we will notify you by email, in-game notices and announcements, and announcements on our official website of the reasons, conditions, amount, and manner of initiating the refund and alternative compensation options. You acknowledge and agree that due to the large number of players in the game and for reasons of efficiency and fairness, we will set a time limit for the above refund program and if you are unable to participate in the refund in a timely manner for your own reasons, you may not receive any refund or redemption. Therefore, you agree to check our in-game announcements and notices from time to time when using our game services, and to contact us and provide feedback in case you encounter any problems.
7. You do not own Virtual Content but instead you purchase a limited personal revocable licence to use them. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value
8. If we have no special markings on the usage period of various virtual goods, you can continue to use them after obtaining the right to use them until the termination of the services provided under this Agreement; if there are special markings on the usage period, the usage period will be subject to that marked, and we have the right to withdraw the right to use them at any time without notice to you if the usage period exceeds the period (the usage period will not be interrupted or suspended for any reason).
9. We reserve the right to change prices and we will notify you via in-app announcement or message. Your continued use of the services after a price change will be deemed to be your agreement to pay the changed amount.
10. We also reserve the right to display advertisements to you in the Services
11. Please be aware that you shall be well equipped to access the Internet, including but not limited to mobile smart devices (including but not limited to cell phones, tablets), wireless routers or other essential Internet access devices. Please be aware that your use of the Services will consume your bandwidth, traffic and other resources, and all costs incurred as a result, such as Internet access fees, SMS fees and software value-added service fees, shall be borne by you. Prices for all Virtual Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.
1. Without limiting any other remedies or any other paragraph of this Agreement, if we reasonably believe that you are in material breach of this Agreement (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
(1)delete, suspend and/or modify your account or parts of your account;
(2)otherwise suspend and/or terminate your access to the Services;
(3)modify and/or remove any Virtual Currency or Virtual Goods that may be associated with your account;
(4)reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
We may terminate the licence granted to you under these Terms and/or suspend, modify, or delete your account at any time without giving you any prior notice if you materially breach our Terms.
2.You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of this Agreement by you.
3.We will notify you if we decide to terminate or suspend any licence we have granted to you under these Terms, unless: we are reasonably unable to notify you due to technical limitations; we are terminating or suspending it to comply with a legal obligation which does not include a prior notice obligation; notification is not possible due to a legal obligation to take immediate action; or if we reasonably believe that providing notice is likely to materially harm a third party.
We do not guarantee that any of our Services will be available or error-free at all times or at any given time but we will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Content or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. If such circumstances result in material and significant degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. Notwithstanding the foregoing, we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control. You also acknowledge and agree that we are not liable for any errors relating to Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party).We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you
1. Our Services have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.
2. In addition to the aforementioned personal information, you agree and authorize us to collect other necessary information about you based on the requirements of administrative/judicial authorities or security, user experience optimization and other considerations and we may collect and use such information only for the purpose of fulfilling this Agreement.
1. When you are using the Services, we may need to collect your personal data to provide services to you. We take the protection of your personal data very seriously and have developed a Privacy Policy, which is an integral part of this Agreement. The Privacy Policy describes the details of how we collect, use, store, transfer and disclose your personal data. By accessing and using the Services, you agree to be bound by the terms of this Agreement and the Privacy Policy, and we will protect your privacy in accordance with that Privacy Policy. Please read the contents of this Privacy Policy in detail.
2. In addition to the aforementioned personal information, you agree and authorize us to collect other necessary information about you based on the requirements of administrative/judicial authorities or security, user experience optimization and other considerations and we may collect and use such information only for the purpose of fulfilling this Agreement.
1.We may modify the Services from time to time in order to improve your experience or enhance the security of the Services, and we reserve the right to change this Agreement in accordance with relevant laws and regulations.
2. If we make changes to part or all of this Agreement, we will notify you through in-app notifications, in-app announcements or other means, and provide you with convenient access to the changes and the means to review them. If you object to any changes, please stop using the Services immediately. Your continued access to or use of the Services will be deemed that you have read and accepted the changes.
1. Please understand that for the normal operation of the game server, we need to periodically shut down the game server for maintenance or emergency shut down for maintenance in case of emergencies and we will try our best to limit the interruption duration to the shortest possible time.
2. We have the right to terminate or interrupt all or part of the services provided by the game server if any of the following circumstances occur and we will not be liable to you or any third party for any inconvenience or damage arising therefrom:
(1) Regular inspection or construction, updating hardware and software, etc.;
(2) Damage to the game server and it fails to function properly;;
(3) Sudden failure of software and hardware equipment and electronic communication equipment;
(4) Line or other failures of the network provider;
(5) Acts according to the law or for the personal safety of users and third parties in case of emergency;
(6) Other cases of force majeure.
3. We reserve the right to terminate or partially terminate the provision of the game service if we consider it necessary, and will announce it [30] days in advance before termination.
4. Regardless of the reason for termination, you shall take appropriate measures to dispose of the virtual goods by yourself, including but not limited to canceling or stopping the use of user accounts, virtual items and other related matters. You will not hold us liable for any form of compensation or indemnity other than the virtual currency purchased but not yet used by the user as a result of the full termination of the service, including but not limited to compensation for no longer being able to use the user account, virtual items, etc. Once this Agreement is terminated, we may continue to retain or delete information generated in the course of your use of the Services in accordance with the applicable laws and regulations.
1. You agree to defend, indemnify and hold us and/or our affiliates, employees, officers, managers, directors, agents harmless from and against any claims, liabilities, losses, injuries, damages, costs and expenses (including, without limitation, attorneys' fees and other costs) arising out of or related to:
(1) Your access to or use of the Services;
(2) Your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement (including your improper or unauthorized use of the Services). For example, your failure to provide us with accurate account information, your failure to keep your password or account information secure and confidential);
(3) Any material, content or other information provided to us by you or on your behalf;
(4) Your violation of any applicable law or infringement of the rights or interests of any third party;
(5) Any other illegal or improper conduct by you.
1. Disclaimer of warranties. To the maximum extent permitted by law, the Services are provided "as is" and "as available" without any warranties or guarantees of any kind or nature, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Service.
2. Our Services do not contain any malicious code designed to destroy your device data or to obtain your privacy information. We will also do its utmost to ensure the safe, prompt, effective, accurate, reliable and continuous operation of this software and service, but with the limitation of the existing technology, the Service may be affected by various unstable factors, we make no warranties or representations that the Service are compatible with all software and hardware systems, or is error-free, can operate without interruption or that any errors in the Services can be corrected. In case of circumstances such as incompatibility or software malfunction, please contact us for technical support. If the compatibility problem cannot be solved, you can delete Games. Within the maximum scope permitted by applicable laws, we are exempt from any of your losses caused herein..
You acknowledge and agree that, based on a number of factors such as the general customs and current technical limitations of online game operations and the network environment, aggregate liability of our and our affiliates for all claims arising in any way in connection with this Agreement will be limited to the following amounts to the extent permitted by applicable laws and regulations:
1. The amount paid by you to us for the use of the services to which the claim relates during the 3 months prior to the date of the most recent claim. These limits and exclusions on damages will apply even if any remedies provided by us do not provide adequate compensation.
2. To the extent permitted by applicable law or regulation, in no event will we or any of our affiliates be liable to you for:
(1) Any damage or loss arising from causes beyond our reasonable control, including, but not limited to, damages resulting from unforeseen circumstances or causes beyond our control, such as acts of God, natural disasters (e.g., floods, earthquakes, epidemics, fires), social events (e.g., war, terrorism, riots, acts of civil or military authorities, embargoes, accidents, strikes) or shortages of transportation facilities, fuel, energy, labor or materials that render performance of this Agreement impossible;
(2) Damage or loss caused by any computer virus, Trojan horse or other malicious software or hacker;
(3) Any damage or loss caused by any failure of our or your software, systems, or hardware;
(4) Any direct, indirect, incidental, punitive, special, exemplary or other pecuniary or consequential damages (including, but not limited to, loss of business, damage to goodwill or reputation, business interruption, loss of business opportunity, loss of revenue, profits, use, data or other economic benefits), however arising, whether for breach of contract or tort or otherwise, and whether even if it has been advised of the possibility of such damages.
3. Important: We may deem it necessary to make updates or reset certain parameters in order to balance the gameplay, use of the game, or Ancillary Services. Such updates or "resets" may cause your game experience to feel poor and may affect your rights to your character, the game, your team, or other things under your control. In addition, you may lose some of the virtual items you have "acquired" or "purchased" for the game. We reserve the right to make these updates and will not be liable for any damages you may suffer as a result.
4. This Agreement governs the relationship between you and us (and, where relevant, our affiliates). Your dealings with all third party service providers are solely between you and the relevant payer. Subject to mandatory applicable laws and regulations, we and our affiliates shall not be liable to you in connection with any third party service provider, which includes any content, services or software provided by a third party service provider in connection with the Services.
5. This Agreement shall not exclude or limit our liability for damages that cannot be lawfully excluded or limited by applicable law. This includes liability for personal injury or death caused by our negligence or the negligence of our employees, agents or subcontractors, and liability for fraud or fraudulent misrepresentation.
6. The limits of our liability to you shall apply whether or not we have been advised or ought reasonably to have known of the possibility of incurring any such loss.
1. Without limiting any other rights we may have, this Agreement will automatically terminate without prior notice if you fail to comply with any term or condition of this Agreement or any agreement or policy referred to in this Agreement. If you intend to terminate this Agreement, you may do so by removing our Games from all devices on which you have installed them. Your use of our Services will cease immediately upon removal of the Games. Upon termination of this Agreement, you will not be entitled to continue to exercise any rights granted to you. You must destroy all copies of the Games in your possession.
2. Even if this Agreement terminates/expires, your obligations accumulated prior to the termination/expiration shall continue to be performed by you. In addition, all of our rights and benefits and the licenses granted to us, if any, shall remain in effect and shall survive the termination of this Agreement
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
1. The Binding Arbitration and Class Action Waiver provisions in this paragraph XIX apply to you if you are domiciled in and/or played the games or acquired and used Services in the United States. See JURISDICTION AND APPLICABLE LAW below for details. (9 U.S.C. §1, et seq.). The Binding Arbitration and Class Action Waiver is governed by the Federal Arbitration Act (9 U.S.C. §1, et seq.) ("FAA") and federal arbitration law.
2. The Binding Arbitration and Class Action Waiver provisions in this paragraph XIX apply to all Disputes between you and us and/or our Affiliates relating to the Games and Services. Paragraph XIX also applies to any Dispute (as defined below) between you and any our Affiliates, each of which is an intended third-party beneficiary of paragraph XIX. "Affiliate" means any entity controlling, controlled by or under common control with us, where 'control' means the direct or indirect ownership of more than fifty percent (50%) of such entity's capital or equivalent voting rights.
3.To the fullest extent allowed by applicable law, you and we agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this paragraph XIX. A "Dispute" means any dispute, claim, or controversy (except those specifically exempted below) between you and us and/or our Affiliates that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, all marketing related to the Services, all Services, Virtual Content, contests, tournaments, and all matters relating to or arising from these Terms (including our Privacy Policy and all other terms incorporated into these Terms) or any other agreement between you and us, including any disputes over the validity or enforceability of these Terms to arbitrate. A Dispute shall be subject to these Binding Arbitration and Class Action Waiver provisions regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), warranty or any other legal or equitable theory. This includes Disputes, claims, or requests for relief arising at any time, including those that accrued before you entered into these Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
4. Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our customer support team can be reached through the contact information stated in this Agreement. Most concerns are quickly resolved in this manner to our customers' satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between you and us and/or our Affiliates, you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the "Initial Dispute Resolution Period"). That period begins upon receipt of written notice from the party raising the Dispute. If we have a Dispute with you, it will send notice of that Dispute to your billing address and email address you have provided to us. If you have a Dispute with us and/or our Affiliates, you must notify us in writing through the contact information stated in this Agreement, using the subject line "Initial Dispute Resolution Notice." Your notice of Dispute must be individual to you and must include your name, the screen name and email address associated with your player account (if any), and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell us what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or we later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and we authorise the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on these Terms and the notice of Dispute (if any) that you or we provided before commencing arbitration.
5. Binding Arbitration and Arbitration Procedure: If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception applies as stated below. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules") effective as of the date of the Notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by these Terms. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules. Arbitration hearings may be conducted by videoconference or telephone unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. For players using Games from within the United States but who are not residents of the United States, arbitration will be initiated in Los Angeles County, California, and you and Activision agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. If the Dispute does not exceed $25,000, the arbitration will be conducted solely on the basis of written submissions. The parties may bring any dispositive motion or motions during the course of the proceedings. Discovery in the arbitration will be limited to that necessary to resolve the dispute. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator and not any federal, state or local court or agency, has exclusive authority to determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration as well as to decide all issues arising out of or relating to the interpretation, applicability, validity, arbitrability, enforceability and/or formation of this agreement to arbitrate, including, but not limited to, where a party raises as a defence to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is void, voidable, or not enforceable. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and we agree that any non-arbitrable claims or requests for relief will be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
6. Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the fullest extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NO ACTION WILL BE BROUGHT ON A CLASS OR COLLECTIVE BASIS AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO BRING SUIT ON A CLASS OR COLLECTIVE BASIS.
7. Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the licence granted to you for the Services under these Terms. Either party may also seek relief in a small claims court for any individual Disputes within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider must close the case.
8. Exception - Mass Arbitration Before FedArb: Notwithstanding the parties' decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a "Mass Arbitration." If a Mass Arbitration is commenced, you and we agree that it will not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration will be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the "FedArb Rules"), and under the rules set forth in these Terms. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the Mass Arbitration will be resolved using FedArb's Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/. Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb's Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration will be submitted on FedArb's claim form(s) and as directed by FedArb. You and Activision agree that if either party fails or refuses to commence the Mass Arbitration before FedArb rather than JAMS, you or Activision may seek an order from JAMS compelling compliance and directing administration of the Mass Arbitration before FedArb. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) will be stayed.
9. 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in in this paragraph 21 by sending written notice of your decision to opt-out to the address stated in this Agreement. The notice must be sent within 30 days of the earlier of your first download of the applicable Game or when you first use or access the applicable Service; otherwise you will be bound to arbitrate Disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them. If you previously opted out of prior versions of Paragraph XIX, then you will be bound to this Paragraph XIX unless you comply with the opt-out requirements. You must opt out within 30 Days after these Terms become effective on the earliest of: (1) the date on which you first d
10. The provisions of this paragraph XIX will govern, control, and supersede, any inconsistent provisions of these Terms, any previous versions of these Terms, or any terms or conditions of any agreement that incorporates these Terms or is incorporated by these Terms.
1.Applicable Laws. You and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in paragraph XIX above, or otherwise determined not to be arbitrable. To the fullest extent permitted by law, any claim or request for relief in a demand for arbitration filed pursuant to paragraph XIX of these Terms, as well as any claim or request for relief in a lawsuit filed in court under an exception to the arbitration agreement in paragraph XIX, will be barred if filed more than two (2) years after the date that the claim or request for relief accrued. If the law requires a claim or request for relief be filed earlier than two (2) years after the claim or request for relief accrued, that law controls.
2. If you are a resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the Binding Arbitration and Class Action Waiver provisions in paragraph XIX above.
3. You understand and agree that our Website, Games and other Services may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations ("EAR") and regulations promulgated by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilise our Website, Games and other Services under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of our Website, Games and other Services in such country or region is authorised by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers' Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use our Website, Games and other Services in connection with an end-use prohibited by U.S. law.
1. You may be given the opportunity to Beta Test and /or new features of our Services("Beta Services").To the extent such Beta Services are provided by us to you, your participation as a beta tester is subject to the terms and conditions in this Section.
2. You acknowledge that you are using a preliminary ,preview edition of the Product features and the Beta Services and that you are participating in a beta test thereof (the "Beta Test"), and that the Beta Services may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors ,data loss or other problems.
3.If you have made clear that a certain Beta Product is provided to you on a confidential basis, you agree that all information about the Beta Services, and the Beta Test, including without limitation any comments, ideas or other feedback you provide to us regarding the Beta Services or Beta Test shall be treated as confidential(the "Confidential Information"). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing the Beta Services, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of us, and we may use such Confidential Information for any purpose without any obligation to you. You will carry out the testing personally and not provide access to Beta Services to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to us, and we are entitled to(in addition to any other remedies available to us) ex parte injunctive relief without bond(or equivalent or similar relief) to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Services confidential will continue until we publicity distribute, or have otherwise been disclosed to the public through no fault of yours, each of the Services and the content that you are testing.When playing certain Beta Services, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta Test. This data may be reset at any time during the testing process, and it may be reset when the particular Product completes this testing phase. In this case, you acknowledge and agree that all player history and data may be erased and each player may return to novice status.
1. Heading. The headings of all terms of this Agreement are for reference purpose only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.
2. Transferring This Agreement. We may wish to transfer all or a part of our rights or responsibilities under this Agreement to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under this Agreement unless we first agree to this in writing
3. Severability. You and we agree that if any part of this Agreement or the Privacy Policy is held to be unlawful or unenforceable, in whole or in part, by any court or tribunal of competent jurisdiction, such provision shall be ineffective in such jurisdiction only to the extent determined to be invalid or unenforceable, without affecting its validity or enforceability in any other manner or jurisdiction, and without affecting the remaining provisions of this Agreement and such provisions shall remain in full force and effect.
4. Entire Agreement. This Agreement, the Privacy Policy and any documents expressly incorporated herein constitute the entire legal agreement between you and us and supersede in their entirety any prior agreements between you and us with respect to the Services.
5. No Waiver. Our failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right on our part.
6. Security. We do not warrant that our Services are secure or free of errors or viruses. You are required to configure your information technology, computer programs and games to access our Services. You should equip yourself with virus protection software.
7. Assignment. You may not assign, transfer, sublicense, pledge or allocate any of your rights or obligations under this Agreement by operation of law or otherwise without our prior written consent. Any purported assignment by you without our consent will be void. We reserve the right to assign, transfer, sublicense, pledge or assign our Agreement and/or Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent.
8. Language. This Agreement is written in English. We may make this Agreement in other languages available for your reference. In the event of a discrepancy, the English version of this Agreement shall prevail.
Thank you for your time to read our Terms of Use. You can reach us at:
Customer Service Line: support@playdreamgames.com
Address: Room 4143, 4th Floor, No. 4 Shanxian Road, Dongxin Street, Gongshu District, Hangzhou, Zhejiang, 310015 China
Official Website: https://playdreamgames.com/