1 About These Terms
2.3 You agree that, unless otherwise specified, the system will first debit from the balance of the Virtual Points (as defined below) that you paid for ("Top-up Balance") when you make purchases in the Services, and then debit from the balance of the Virtual Points that you earn for free if the Top-up Balance is insufficient. Your purchase will fail if both payment methods are unavailable.
3 User Conduct and Content
3.1 You must follow applicable laws of the jurisdiction where you are located when using our Services. If any applicable laws restrict or forbid you from using our Services, you shall follow such restrictions or stop using our Services. You are responsible for your interactions with other users in the Services. While we reserve the right to monitor interactions between users of our Services, we are not obligated to do so, and we cannot be held liable for your interactions with our users, or for any user's actions or inactions. If you have a dispute with one or more users, you release the Exptional Entities (as defined below) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
3.2 Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Services. You are exclusively responsible for any and all Content that you may provide via our Services, either published in public or sent in private. In order to operate the Services, we must obtain from you certain license rights in your Content so that actions we take in operating the Services are not considered legal violations. By using the Services and uploading your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devises) your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as your Content is stored with us), and include a right for us to make your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations. By posting your Content via our Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Content.
Regarding such Content, you agree to comply with applicable laws and to the following:
3.2.1 You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
3.2.2 You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
3.2.3 You will not provide Content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.2.4 You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
3.2.5 You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
3.2.6 You will not provide Content that will contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above; and
3.2.7 You will not provide any Content that contains anything that, in the sole determination of Exptional, is objectionable or inhibits any other person from using Services, or which may expose Exptional or its users to any harm or liability of any kind.
3.3 By using our Services, you agree that you will not:
3.3.1 except for a necessary backup for using our Services, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services;
3.3.2 use our Services in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
3.3.3 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Services, collect any information of the Services or connect to the Services including but not limited to simulating game user operations, changing the operating environment, modifying data to disrupt other users' game experience through the employment of external software, including but not limited to scripts (robots), plug-ins, button wizard software or third-party tools (e.g. the multi-open function under the simulator, synchronizer, record macro, keyboard mapping, cloud phone etc.);
3.3.4 use our Services for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
3.3.5 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Services, any Content created by others or any portion thereof, in whole or in part;
3.3.6 remove or amend any patent notice, copyright notice or other intellectual property information from our Services;
3.3.7 collect any information, other than reasonably necessary for using our Services, of other users;
3.3.8 unless otherwise specified, transfer virtual currencies such as virtual gold coins, crystal and energy points ("Virtual Points"), or items or services for use within our Services ("Virtual Goods") in any way once you purchase it, including but not limited to attempting to trade the Virtual Points and/or Virtual Goods within our Services with real money/real items via any third party platforms, or attempting to provide mediation, intermediary, or agency service for such trade in or outside our Services (collectively "RMT"), including, but not limited to spamming, spreading RMT advertisements by any means within or outside our Services, and conducting RMT via any in-game functions, etc.; and
3.4 Notice of Infringement – DMCA Policy
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:
a) identification of the copyrighted work that is claimed to be infringed;
b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
c) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to Exptional Pte. Ltd., Level 35, The Gateway West, 150 Beach Road, Singapore; or by e-mail to firstname.lastname@example.org. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
4.2 You understand that due to the specialty of the online games, we may update our Services from time to time, which may block your access to the Services for a period of time and result in the modification of the content of the Services. We are not liable for any losses incurred by such updates except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
4.3 In the circumstance that certain Services is in a "test period" or a "beta version" or something of that kind, your access to our Services may be subject to specific rules, such as limited period or limited number of users to access to the Services, privilege of some users to access to the Services, our reserved rights to modify or delete the gameplay data of users, and irregular shut down of the servers of the Services. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Services are highly appreciated.
5.1 Although we endeavour to provide the accurate and reliable Services, you expressly understand and acknowledge that OUR SERVICES AS WELL AS ANY RELATED INFORMATION, ARE PROVIDED ON AN "AS IS" BASIS. Without limiting the foregoing, to the maximum extent permitted under applicable law, Exptional, its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners and licensors (the "Exptional Entities") DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY AND BUG/ERROR/DEFECT-FREE. The Exptional Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
5.2 Without limiting our liabilities expressly set forth herein and to the extent not prohibited by the applicable laws, you expressly understand and agree that THE EXPTIONAL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF OR THE INABILITY TO USE OUR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE EXPTIONAL ENTITIES' AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
6 Breach and Indemnification
7 Intellectual Property
7.1 Exptional and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Services, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The Services may permit you to purchase certain other products or services ("Offerings"). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including credit card or other payment information (if applicable), is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify or limit the available quantity or any Offerings and (b) refuse to allow any user to purchase any Offerings. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorize us and/or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. Payment can be made by credit card, debit card, or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility.
9.2 No Refunds
UNLESS OTHERWISE PROVIDED BY APPLICABLE LAWS, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL AND NON-REFUNDABLE AND THERE ARE NO REFUNDS AVAILABLE FOR ANY OFFERINGS. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you conduct in via the Services.
9.3 Promotional Codes
We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that we establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Codes; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
10 Mobile Applications
10.1 Use of Mobile Applications
You are responsible for providing the mobile device, wireless service plan, software, internet connections and/or other equipment or services that you need to download, install and use mobile applications provided in connection with our Services ("App"). We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App is or will be available in any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App ("Push Messages"). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Exptional. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Exptional.
10.2 Mobile Software from the Apple App Store
11 Governing Law and Venue
12.2 Entire Agreement
12.4 Waivers of Our Rights
12.5 California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
12.6 Contact Us
13 Regional Terms
13.1 Regional Terms
13.2 United States
(a) Informal Process First
You agree that in the event of any dispute between you and the Exptional Entities, you will first contact Exptional and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
(b) Arbitration Agreement and Class Action Waiver
(c) Waiver of Class Actions and Class Arbitrations
You and Exptional agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Exptional agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
(d) Costs of Arbitration
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Exptional will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
(g) Governing Law and Venue