USER LICENSE AGREEMENTS
Last Updated: 18 February 2024
I.Please read the terms and conditions of this Kunpan Games End-User License Agreements (the "Agreement") carefully before using the Game App and related services provided by Kunpan (the "Game Services"). Your attention is specially drawn to the terms of the Agreement with respect to exemption or limitation of the liability of Kunpan (these terms are typically identified by the expressions such as "disclaim all liabilities for" and "not liable for") and other terms regarding limitation of users rights (these terms are typically identified by the expressions such as "may not").
II. BY CLICKING ON "I ACCEPT" AND INSTALLING THE GAME APP OR REGISTERING, USING AND/OR CONTINUING USE OF THE GAME APP OR SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT, PLEASE DO NOT INSTALL OR USE THE KUNPAN GAME APP OR SERVICES.If you do not agree to the terms and conditions of the Agreement, please choose to stop using the Kunpan Game Services, in which case Kunpan will be unable to provide you with the complete services. If you accept the terms and conditions of the Agreement or use Kunpan Game Services at your sole discretion, you will be deemed to have fully understood the Agreement and agreed as a party hereto to be bound by the Agreement and other agreements and rules (including but not limited to the Privacy Policy) in respect to Kunpan Game Services.
III. IF YOU ARE UNDER THE AGE OF 18 OR UNDER THE AGE OF MAJORITY STIPULATED BY THE APPLICABLE LAWS IN THE TERRITORY OF DISTRIBUTION, YOU ARE ADVISED TO CAREFULLY READ AND FULLY UNDERSTAND THE CONTENT OF THE AGREEMENT TOGETHER WITH YOUR GUARDIAN AND ACCESS THE KUNPAN GAME SERVICES WITH THE CONSENT OF YOUR GUARDIAN. YOU ALSO REPRESENT THAT YOU ATTAINED AT LEAST THE MINIMUM AGE TO CONSENT TO DATA PROCESSING UNDER THE LAWS OF YOUR JURISDICTION AND ARE NOT BARRED FROM ACCESSING THE SERVICES UNDER APPLICABLE LAW.You acknowledge and agree that the parents (or guardians) are legally obligated to manage and supervise the use of Game Service by underage users and assume corresponding responsibilities. Failure to comply with identity confirmation obligations may be considered identity fraud against Kunpan. In such cases, Kunpan reserves the right to hold you liable for civil liability, and any resulting losses shall be borne by you or your parents (or guardians). IV. If you have any comments or suggestions regarding the Agreement or Kunpan Game Services, please contact Kunpan by sending an email to our customer service email address: [
cs@kunpan.com ].
Article 1 Signatories to the Agreement
The Agreement is executed by and between the following two parties:1. Kunpan: shall mean Hong Kong Kunpan Culture Entertainment Co., Ltd. and its parent company, subsidiaries, branches and other affiliates as well as other partners; Kunpan shall have the right to provide you with the Game App and Services through Kunpan's or its partners' websites and platforms.2. You: shall mean a natural person who has obtained the non-commercial license of the Game App through the legal channels provided by Kunpan for installing and using the Game App or accepting the Game Services.
Article 2 Definitions and Interpretations
Except where specified to the contrary, the following terms shall have the following meanings:1. Game App: shall mean the games operated by Kunpan, including PC games, web games, HTML5 games ("H5" games), mobile games, TV games and other forms of games; the games may be provided as software applications, in which case, the said software application and related documentation shall be also included.2. Game Services: shall mean the operation services provided by Kunpan to you in relation to the aforementioned game applications.3. Territory: shall mean the region where Kunpan provides the Game App and Services to you, i.e. your region.
Article 3 Statements on Intellectual Property Rights
1. All legitimate rights and interests in or to the Game App and Services or all legally authorized intellectual property rights such as copyrights, trademarks, patents, trade secrets and other legitimate rights and interests, as well as all information contents related to the Game App (including but not limited to software, technologies, programs, web pages, texts, pictures, images, audios, videos, graphics, layout design, electronic files, etc.) shall belong to Kunpan, with the exception of the rights to which the relevant right holders are entitled in accordance with the law.
YOU MAY NOT COMMERCIALLY USE OR EXPLOIT THE GAME APP AND SERVICES (INCLUDING WITHOUT LIMITATION, THE GAME IN ITS ENTIRETY, ALL IN-GAME ARTWORK, MUSIC, LITERATURE AND OTHER GAME COMPONENTS AND ELEMENTS, AS WELL AS THE CONTINUOUS ANIMATIONS PRESENTED THROUGH OPERATION OF THE GAME) IN ANY WAY OR DISSEMINATE THE GAME CONTENT OVER INFORMATION NETWORKS WITHOUT THE PRIOR WRITTEN CONSENT OF KUNPAN.
2.Kunpan respects and protects your intellectual property right. You may provide Kunpan with works you've created in a variety of products offered by Kunpan in various ways such as uploading original audios. In such case, you retain intact intellectual property rights in or to such content, and you shall ensure that the content is legal and does not infringe upon the legal rights and interests of any third parties.
YOU HEREBY IRREVOCABLY AUTHORIZE KUNPAN TO USE SUCH CONTENT IN ANY WAY (THE TERMS "USE" SHALL INCLUDE WITHOUT LIMITATION, REPRODUCTION, DISTRIBUTION, RENTAL, EXHIBITION, PERFORMANCE, BROADCAST, MODIFICATION, ADAPTATION, DISSEMINATION VIA INFORMATION NETWORKS AND OTHER FORMS OF EXPLOITATION, EITHER COMMERCIAL OR NON-COMMERCIAL, IN-GAME OR OFF-GAME, HEREINAFTER REFERRED TO AS THE "RIGHT OF USE"), AND AUTHORIZE KUNPAN TO SUBLICENSE THE RIGHT OF USE TO THIRD PARTIES. YOU WARRANT THAT SUCH USE BY KUNPAN WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL RIGHTS AND INTERESTS OF ANY THIRD PARTY.
3. You understand and agree that the texts, graphics, audios and videos that you post and upload when using the Kunpan Game Services are either created by or the Agreement legally licensed to you. The intellectual property rights of any content that you upload and post through the Kunpan Game Services shall vest in you or the original copyright holder. Kunpan only provides storage space for your display. Kunpan reserves the right to screen, review, typeset, and recommend uploaded content. Kunpan is entitled to withdraw or remove the uploads without prior notice to you and without any liability to you.
4. You acknowledge, understand and agree to grant Kunpan a worldwide, perpetual, royalty-free, non-exclusive and sublicensable (through multiple levels) license to, among others, reproduce, disseminate over information networks, adapt, compile, modify, translate, create derivative works from, perform and display the content (if any, including but not limited to, texts, graphics, images, audios, videos, music, sounds, and dialogues, etc.) that you upload, post, transmit or disseminate through the Kunpan Game Services on the Website or other websites, applications, products or terminal devices. You acknowledge and agree that the aforesaid granted rights include the right to use and otherwise exploit all or any portion of the content for the purpose of disseminating, promoting, advertising and/or marketing the content, Kunpan Game Services, Kunpan and/or its brand. For the avoidance of doubt, you further acknowledge and agree that the rights granted in the preceding paragraphs include, but are not limited to, the right to license, reproduce, display and disseminate the personal images, portraits, names, trademarks, service marks, brands, logos, company logos and other materials that are either owned by or licensed to you and placed into the content.
5. You acknowledge and agree that you grant Kunpan the right to protect or permit a professional third party to protect on your behalf, the rights of content you upload and post and to which you have intellectual rights by any means whatsoever, including but not limited to, monitoring infringement, sending an infringement notice, instituting a legal action or an arbitration, mediation, reconciliation. The Company may, in its sole discretion, make decisions on rights protection matters and enforce the same independently. Kunpan shall have the right, but not obligation, to execute the aforesaid licensing.
6. Kunpan provides technical support for the development and operation of Kunpan Game Services and retains all rights and titles, to the extent permissible by laws and regulations, to all data and information generated during the development and operation of Kunpan Game Services.
7. Under no circumstances should you use Kunpan's trademarks, service marks, trade names, domain names, website names or other prominent brand features (collectively, the "Logo") without our permission. In no case should you, without the prior written consent of Kunpan, display, use or apply for registration of trademark or domain name in any way whatsoever, whether alone or in combination with other elements, the aforesaid Logo as stated in this Section, nor should you represent, expressly or impliedly, to others that you have the right to display, use or otherwise dispose of such Logo. You are solely liable for any and all losses incurred to Kunpan or others arising out of or in association with the use of the aforesaid trademark and Logo of Kunpan in violation of these Terms.
8. Kunpan does not warrant or represent that the Game services provided by Kunpan will you’re your requirements or the services provided will not be interrupted or terminated, or that the services will be timely offered, secure or error-free. Kunpan disclaims all liabilities for the loss of your uploaded content for whatsoever reason.
9.Kunpan may use your uploaded content for the purpose of promoting Kunpan Game without any payment or liability to you.10.Kunpan shall have the right to mark the Logo of Kunpan when promoting your uploaded content(including but not limited to promotion in advertisements and referrals).
Article 4 License and Restrictions on Use of the Game App
Kunpan hereby grants you a personal, non-commercial, revocable, modifiable, non-proprietary, non-transferable and non-sublicensable right and license to access and use Kunpan Game and Services. If you need to access the Game App and Services beyond personal use or use the Game App and Services for any commercial purposes, you shall contact Kunpan to otherwise obtain a written authorization.
Article 5 Charges
1. YOU ACKNOWLEDGE AND AGREE THAT IT IS A NORMAL BUSINESS PRACTICE TO SET, ADJUST OR CHANGE THE FEES OR CHARGES, AND KUNPAN HAS THE RIGHT TO DETERMINE THE CHARGING METHODS AND RATES OF THE GAME APP AND SERVICES, AND TO ESTABLISH DIFFERENT CHARGING METHODS AND RATES DEPENDING ON THE DIFFERENT STAGES OF THE GAME APP AND SERVICES.
The specific charging methods and rates, including but not limited to the rates of the Game App, the rights to use in-game virtual items and value-added services (if any) shall be published by Kunpan on the Apple App Store, Google Play or other software distribution channels, in-game shop, etc.You are obliged to read the charging instructions carefully before selecting. By opting to download the games for a fee, purchase the right to use the relevant virtual items or accept the relevant services, you acknowledge that you've fully understood and accepted the corresponding charging methods and rates.
2. Unless expressly authorized by Kunpan , Kunpan does not authorize you to purchase or receive as a gift from any third party or otherwise obtain game accounts, props, equipment, coins, membership experience and levels. Kunpan is not liable for any third party transactions and will not accept any complaints arising from or in connection with any third party transactions.
3. After you have successfully topped up the in-game virtual items or value-added services (collectively, "Top-up Proceeds"), no refunds will be made in principle, except where you are prevented from using the purchased in-game virtual items or value-added services due to Kunpan intentional or gross negligence. In the event of special circumstances (e.g. your country or region has special regulations governing refunds) that result in a refund, you shall forthwith notify Kunpan which will deduct the corresponding Top-up Proceeds; otherwise, Kunpan shall be entitled to, at its sole discretion, deduct the corresponding Top-up Proceeds or impose penalties such as temporary or permanent ban on the account upon the player who requests a refund in bad faith.
Article 6 Virtual Items
The purchase and use of Virtual Items (e.g. props, equipment and coins, etc.) shall be subject to the requirements of the Agreement and the specific rules of the Game. Except as required by law, we do not provide any refunds for Virtual Currency.Virtual Items have no monetary value, no value outside of our Services, and will not earn interest. You cannot sell, trade or transfer Virtual Items, or exchange them for cash. ANY ATTEMPT TO SELL, TRADE OR TRANSFER VIRTUAL ITEMS, OR EXCHANGE THEM FOR CASH IS A BREACH OF THE AGREEMENT AND MAY RESULT IN ACTIONS TAKEN AGAINST YOU, INCLUDING THE TERMINATION OF YOUR ACCOUNT. Prices and availability of the Virtual Items are subject to change at our sole discretion. We have no liability to you or any third party in the event that we exercise any such rights.
Article 7 Account Management
1. To use certain of our Services you may be required to create an account with us and/or with the third party platform or site operator e.g. Apple or Google (Account). To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up to date.
2. All other rights not expressly licensed to you hereunder shall vest in Kunpan , your exercise of those rights shall be subject to Kunpan's prior written consent, and failure of Kunpan to exercise any of those rights shallnot be construed as a waiver of such right.
3. When registering for an account, you are advised not to use your real name and other personal information as a game nickname in order to avoid disclosure of personal information.
4. You understand and undertake that the account information created by you may not violate the laws or regulations of the Territory or relevant rules of Kunpan, shall not be used to conduct any act that infringes upon the Territory's interests or any citizen’s lawful rights or interests or undermines social morality, your registration information such as your account nickname, avatar and other personal information may not contain any illegal or harmful information, you may not use any other person’sname (including but not limited to such person’s name, title, designation, avatar, or any other method that may easily cause confusion) without authorization of such person to create an account, and you may not register accounts with maliciously.
5. Your account is for your personal use only. Without Kunpan's prior written consent, you may not donate, lend, lease, transfer or sell such account to any other person or otherwise permit any other person to use such account. If you fail to do so, you will be held liable for any and all legal consequences arising therefrom. The Account is the identifier that Kunpan licenses to you for logging into and using Game Services , and shall remain the property of Kunpan. In case that Kunpan finds or reasonably deems that the user of the account is not the original registered user, Kunpan shall have the right to suspend or terminate the provision of the services to such account or to cancel such account for the consideration of security.
6. You are obliged to protect the security and confidentiality of your personal account information and assume any and all liabilities for the activities you engage in through your registered account, including, without limitation, all liabilities that may arise from any data entry, data modification, subscription, payment and other actions you take through the Account Services. It is important that you keep your account and password confidential. If you find that any other person uses your account without your authorization or there is any other security vulnerability in your account, you shall promptly notify us.
7. If your account is lost, you may retrieve the account by filing an appeal through the appeal channel of Kunpan in a timely manner. You understand and acknowledge that the account retrieve mechanism of Kunpan only depends on the recognition of the conformity of the data provided in the appeal to the data recorded in the system and is unable to determine whether the appealer is the real lawful user of the account or not. Kunpan hereby reminds that you should keep your account information properly. You will be held solely liable for the stealing or loss of your account or password arising from your fault such as improper custody or any event of Force Majeure.
8. After you complete the account registration with Kunpan and log into the account, you may modify your submitted personal identity information by contacting the customer service. You may apply for canceling your account. Except as otherwise stipulated by laws or regulations, Kunpan will assist you in canceling your account and remove all information relating to your account by deleting, anonymizing or de-identifying it at your request after completing all reasonable and necessary authentication procedures of personal identity, security status and device information.
9. Where you intend to terminate the use of Kunpan Game Services, you can apply for cancellation of your Kunpan account. Upon completion of cancellation , your account information, personal identity information, transaction records, account rights and interests will be erased and cannot be restored or resumed . Kunpan reserves the right not to provide you with any services related to your account.
10. YOU UNDERSTAND AND AGREE THAT KUNPAN SHALL BE ENTITLED TO WITHDRAW, FOR MAKING FULL USE OF ACCOUNT RESOURCES, YOUR ACCOUNT, DELETE GAME DATA AND OTHERWISE TAKE ACTIONS IF YOU FAIL TO MAKE INITIAL LOGIN TO AND USE OF YOUR ACCOUNT AFTER YOU COMPLETE THE REGISTRATION OF SUCH ACCOUNT OR YOU HAVE NOT LOGGED IN TO AND USED YOUR ACCOUNT FOR MORE THAN TWELVE (12) CONSECUTIVE MONTHS.
Article 8 Protection and Collection of User Information
Kunpan respects your personal privacy and is devoted to keeping your personal information that it reasonably receive in strict confidence. By accepting the services provided by Kunpan or its partners, you understand and accept the Kunpan Player Privacy Policy (the "Privacy Policy") published by Kunpan. The Privacy Policy is an integral part of the Agreement and shall bear the same legal effect with the Agreement. If and whenever Kunpan requires you to furnish your personal identify information, it shall disclose the Privacy Policy to you in an explicit and conspicuous manner in advance and take necessary actions to protect the security of your personal information.
Article 9 Rights and Obligations of Kunpan
1. You have the right to request assistance from Kunpan to retrieve the top- up records and transfer records. Kunpan shall request you to present and verify valid personal identity information that is consistent with your transaction information, and Kunpan shall assist in providing the records if it verifies that the valid personal identity information furnished by you is consistent with the registered identity information.
2. You understand and agree that Kunpan or its third-party partners mayprovide you with information about game activities, promotional information and other types of information through emails, in-game announcements, etc.
3. You agree that the monitoring data in the Game and the data stored in the server can be taken as the basis for judging whether you have engaged in misconducts and illegal actives such as cheating using plug-ins, scripts, etc.
Article 10 Your Rights and Obligations
1. You shall prepare your own device required for Internet access, wireless routers or other necessary Internet devices.
2. You shall be liable for paying the telephone charges and network fees related to the Game Services.
3. You shall abide by the applicable laws and regulations of your country or region, the terms of the Agreement, the gaming conventions and other rules and systems published by Kunpan (including but not limited to the Kunpan Games End-User License Agreements, and the rules published by Kunpan on its official website or its game, for which you have clicked on "I Accept").4. You acknowledge and warrant that you shall not take or attempt to take, directly or indirectly, any of the following prohibited actions (whether or not for profit) or engage in any misconduct with respect to any Kunpan service or game:
4.1 use or allow the use of the Game Services for any purpose or activity that is illegal, unlawful , commercially or in breach of this Agreement ;
4.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Game Services, source code in the Game Services or any portion thereof;
4.3 sell, rent, lease, license, distribute, or otherwise transfer the Services, Game or any Content, including without limitation, Virtual Items, Account.
4.4 use, or provide, any unauthorized third-party programs or ancillary offerings that are not offered within the Game Services by us;
4.5 impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
4.6 promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items;
4.7 upload 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 Game Services;
4.8 interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, harassment, use of abusive or offensive language, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;
4.9 probe, scan or test the vulnerability of our Game Services, or circumvent or breach the security or authentication measures of our Game Services;
4.10 advertise, solicit, or otherwise transmit any commercial advertisement, including gift codes or promotion, or unsolicited repetitive messages (spamming);
4.11 apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;
4.12 violate any applicable law or regulation.
5.Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.
6. Kunpan has set up a platform for public complaints and reporting, by which you may make complaints about or report various illegal acts, illegal spreading activities, and illegal and harmful information according to the complaint and reporting system of Kunpan, and Kunpan will accept and treat your complaints and reports in time.
Article 11 Requirements on the Use of Kunpan Information Content
1.You agree not to upload on or transmit via the Game Services any Information that contains content prohibited by applicable law, including but not limited to any content, products, services and activities involving the following:
1.1Information that incites terrorism, extremism, national hatred and ethnic discrimination,and promotes cults and feudal superstitions;
1.2 Disseminate information that involves obscenity, pornography, violence, gambling, murder ,terrorism, as well as information that abets crime, imparts criminal means and methods ,manufacturing or trading prohibited items , committing fraud and other illegal and criminal activities;
1.3 Information that insults or defames others, infringes on the reputation, privacy, intellectual property rights or other legitimate rights and interests of others, as well as information that undermines the physical and mental health of minors and is detrimental to their healthy growth;
1.4 Information containing sexual innuendo, sexual provocation, etc. that tend to associate with sex;
1.5 Information that presents bloodiness, horror, cruelty, etc. that causes physical and mental discomfort;
1.6 Information that incites discrimination among people and regions, etc.;
1.7 Information that propagates vulgar content;
1.8 Information that uploads, posts, emails or otherwise transmits content that it is not authorized to transmit (e.g., restricted data, confidential information, etc.);
1.9 Upload, post, email or otherwise transmit content that infringes upon the intellectual property rights of any person, such as patents, trademarks, copyrights, trade secrets, etc.;
1.10 Upload, post, email or otherwise transmit advertising messages, promotional materials.
Article 12 Penalties and Liabilities for Breach of Agreement
1. IF KUNPAN REASONABLY BELIEVES THAT YOUR BEHAVIOR VIOLATES OR MAY VIOLATE THE TERMS OF THE AGREEMENT, KUNPAN MAY, AT ITS SOLE DISCRETION, IMPOSE ONE OR MORE OF THE FOLLOWING ACTIONS DEPENDING ON THE SEVERITY OF THE OFFENCE:
1.1 WARNING;
1.2 MESSAGING DISABLED;
1.3 TEMPORARY FREEZE;
1.4 PERMANENT FREEZE;
1.5 TEMPORARY BAN;
1.6 PERMANENT BAN;
1.7 ACCOUNT SUSPENSION;
1.8 LEGAL LIABILITY;
1.9 OTHER PENALTIES.
PLEASE NOTE THAT THE ABOVE ACTIONS WILL RENDER YOUR ACCOUNT DATA, PROPS, EQUIPMENT AND ALL OR PART OF THE ACCOUNT SERVICES TEMPORARILY OR PERMANENTLY VOID.
2. Kunpan respects and protects the legitimate rights and interests, such as intellectual property right, right of reputation, right of name, and right of privacy, of its users and other third parties. You represent and warrant that no content, including but not limited to texts, pictures, audios, videos and links, that you upload when using the Game Services will infringe upon any third party’s intellectual property rights, right of reputation, right of name, right of privacy or other legitimate rights or interests. In case of your failure to comply with this provision, Kunpan shall reserve the right to remove such allegedly infringing content upon receipt of a notice from the right holder or any other party concerned. You shall respond to all claims that may be brought by any third party and bear all legal liabilities arising therefrom. And you shall indemnify Kunpan for any and all losses (including economic losses and loss of goodwill) that may be suffered by Kunpan due to your infringement.
Article 13 Interruption, Suspension and Termination of Services
1. To ensure proper functioning of the Game site and server, Kunpan needs to shut down the Game site and server for regular maintenance or for emergency maintenance in case of emergencies; you shall show understanding of normal service interruption or suspension caused by the aforementioned circumstances, and Kunpan is obliged to control the interruption within the shortest possible time.
2. Kunpan reserves the right to terminate or suspend all or part of the services provided by the game server in any of the following circumstances:
2.1 Regular inspection or servicing, hardware and software updating , etc., in which case Kunpan shall have the right to suspend the services provided that Kunpan will complete the maintenance and updating as soon as possible;
2.2 The server is damaged and cannot function normally;
2.3 Unexpected faults of software and hardware equipment and electroniccommunication equipment;
2.4 Failure of network provider's line, etc.;
2.5 For complying with the provisions of the law or for protecting the personal and property safety of you and third parties in case of emergency;
2.6 Third party reasons or other events of Force Majeure.
3. Kunpan reserves the right to terminate Game Services, in whole or in part, as it deems necessary, and the termination will be announced in advance for a given period of time in line with the applicable regulations the Territory.
In case of termination of the Game Services for whatsoever reason, you shall take proper actions to dispose of the in-game virtual items.
Article 14 Force Majeure
KUNPAN SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OR LOSSES CAUSED BY AN EVENT OF FORCE MAJEURE.
Force Majeure shall mean an event beyond Kunpan's reasonable control, unforeseeable or unavoidable even if foreseen, which prevents or affects Kunpan's performance of all or part of its obligations hereunder. Force Majeure includes without limitation, floods, earthquakes, typhoons, rainstorms, tsunamis, social disorders (such as riots, strikes, turmoils, etc.) and governmental actions (such as changes in laws, regulations or governmental directives, etc.). With respect to reasons specific to the special nature of online services, Force Majeure shall additionally include without limitation, the following events: failure of the basic telecom operator, computer, mobile device or Internet-related technical defects, Internet coverage restrictions, computer and mobile device viruses, hacker attacks and other objective circumstances that are unforeseeable, unavoidable and insurmountable.
Article 15 Changes to Terms and Conditions
Kunpan reserves the right to change the terms and conditions of the Agreement at any time as it deems necessary. You are advised to check the Agreement regularly or from time to time, and Kunpan will announce any significant changes to your rights and interests in advance via the website, messages, etc. By continuing use of the services contemplated herein, you are accepting the updated contents; if you do not agree to the updates, you shall uninstall the Game App and stop using the Game Services.
Article 16 Game Data
Any data or information generated during your participation in the game and stored in Kunpan servers, including but not limited to account information, role data, level and virtual item data, etc., shall be part of the game App and is owned, managed and controlled by Kunpan. You only have the right, among others, to modify, transfer and delete the data and information of your account in a proper fashion in compliance with the game rules.
Article 17 Notices and Advertising Information
1. All notices sent to you by Kunpan may be transmitted by means of in-game announcements, the Game's official website, official community pages, emails, etc. Also, YOU HEREBY AGREE THAT KUNPAN MAY SEND COMMERCIAL AND NON-COMMERCIAL INFORMATION TO YOUR E-MAIL ADDRESS.
2. Kunpan may publish commercial advertisements or other promotional information on the Game's official website, in the Game's official community or within the Game. These advertisements or promotions are provided by advertisers or commercial service providers,who shall assume all liabilities for the content, while Kunpan only provides the platform for posting the content.YOUR ATTENTION IS SPECIALLY DRAWN TO THE FACT THAT THE TRANSACTION OF PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH SUCH LINKED WEBSITES OR ADVERTISEMENTS EXISTS ONLY BETWEEN YOU AND THE PROVIDER OF SUCH PRODUCTS OR SERVICES, AND KUNPAN ACCEPTS NO LIABILITY FOR THE TRANSACTION ARISING BETWEEN YOU AND THE PROVIDER OF SUCH PRODUCTS OR SERVICES.
Article 18 Warranty Disclaimers And Limitation of Liability
1.OUR GAMES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE PROVIDE NO 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 ARE NOT LIABLE TO YOU FOR 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. 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. YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSSES AND DAMAGES, INCLUDING LOSS OF DIRECT AND INDIRECT PROFITS, GOODWILL OR DATA IN ANY WAY ARISING.
2. TO 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 MONETARY AMOUNT EQUIVALENT TO THE FEES, RELATING TO THE GAME OR SERVICES, ACTUALLY PAID BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING. NOTWITHSTANDING THE FOREGOING, SOME COUNTRIES, STATES, PROVINCES, OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU.
Article 19 Miscellaneous
1. The headings of all terms and conditions of the Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of the Agreement and related terms and conditions.
2. Provided that any provision of the Agreement is rendered invalid or unenforceable in whole or in part for whatsoever reason, the remainder of the Agreement shall continue in full force and effect.
3. THE EXECUTION, PERFORMANCE, INTERPRETATION AND DISPUTES RESOLUTION OF THE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF HONG KONG SPECIAL ADMINISTRATIVE REGION OF PEOPLE’S REPUBLIC OF CHINA WITHOUT REGARD TO CONFLICT OF LAWS.
4. ANY DISPUTE ARISING BETWEEN THE PARTIES HERETO OUT OF OR IN CONNECTION WITH THE TERMS OF THE AGREEMENT OR PERFORMANCE THEREOF (INCLUDING BUT NOT LIMITED TO CONTRACTUAL OR OTHER PROPERTY RIGHT DISPUTES) SHALL BE SETTLED BY THE PARTIES THROUGH AMICABLE NEGOTIATION; IF SUCH NEGOTIATION FAILS, THE PARTIES AGREE TO SUBMIT THE ISSUE IN DISPUTE TO THE JURISDICTION OF HKIAC (HONG KONG INTERNATIONAL ARBITRATION CENTER).
5.Kunpan failure or delay in exercising or failure to fully exercise its rights under the Agreement or the law shall not be deemed a waiver of the said rights, nor shall it affect further exercise of such rights by Kunpan.