1. welcome.
These Terms of Service ("TOS") apply to you andGuangzhou Shengshi Yuanmeng
entrepreneurship Service Co., Ltd("Shengshi Game") regarding your use of
Shengshi Game's games, websites, forums and related services ("Services").
As a prerequisite to using the Services, you must agree to these TOS. If you
accept these TOS, you are at least 13 years old. If you are between the ages of 13
and 17 or are not authorized to enter into agreements such as such TOS, you
represent that your legal guardian or person with parental responsibility has
reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. IF YOU
DO NOT AGREE TO THESE TOS, YOU MUST NOT USE OR OTHERWISE
ACCESS THE SERVICE.
Unless otherwise specified as a component of the applicable Service, the Service
is free to use or download, but may include features that allow you to make
purchases within the Service.
If you access the Services from a social networking site ("SNS") such as
Facebook, you agree to abide by its Terms of Service and these TOS.
Shengshi Game may publish additional policies related to specific components of
the Service, including but not limited to forums, contests, sweepstakes or loyalty
programs. Your rights to use the Services are governed by such related policies
and these TOS.
1. Right to Use the Service
Pursuant to these TOS, Shengshi Game hereby grants you a non-exclusive,
non-transferable, non-sublicensable limited right and license to use the Service for
your personal, non-commercial use. The rights granted to you depend on your
compliance with these TOS.
You will not receive any other licenses other than as previously stated. Shengshi
Game retains all right, title and interest in and to the Services, including but not
limited to all copyrights, trademarks, trade secrets, trade names, titles, patents,
proprietary rights, computer code, audiovisual effects, themes, characters,
character names, stories, dialogues, Settings, artwork, sound effects, musical
compositions, game recordings made using the Services, moral rights (registered
or not) and all applications thereof. Except as expressly authorized by law, the
2. Services may not be reproduced, reproduced or distributed in whole or in part in
any manner or medium without the prior written consent of Shengshi Game.
Shengshi Game reserves all rights not expressly granted to you herein.
The Service and its content are licensed, not sold. You agree that you have no
right or title to any content appearing on the Services, including but not limited to
virtual items or currency appearing on or derived from the Services, whether
acquired on the Services or purchased from Shengshi Game, or tripartite.
2. In-Service Purchases
Shengshi Game may license to you certain virtual goods for use in the Service,
which you may purchase with "real-world" money or which you may acquire or
redeem through the game (" virtual merchandise"). Virtual Items are licensed to
you on a limited, personal, non-transferable, non-sublicensable, revocable basis
for non-commercial use only.
Shengshi Game may manage, control, modify or eliminate virtual items at any
time, with or without notice.
Transfer of Virtual Items is prohibited unless expressly authorized in the Services
(where applicable).
Virtual items have no equivalent value in, and are not substitutes for, real-world
currency. Neither Shengshi Game nor any other person or entity is obligated to
exchange virtual items for anything of value. Shengshi Game is not responsible
for your virtual items being hacked or lost.
Prices and availability of virtual items are subject to change without notice.
By law, all purchases and exchanges of virtual items through the Services are final
and non-refundable. You acknowledge and agree that providing Virtual Items for
use in the Services is a process that begins immediately after purchase and that
once the process begins, you lose your right to cancel.
Therefore, you agree that Shengshi Game is not required to provide refunds for
virtual items for any reason. You further acknowledge that you will not receive
monetary or other compensation for unused Virtual Items, whether your loss of
license under these TOS is voluntary or involuntary.
If you request that your personal data be deleted as described in Shengshi
Game's Privacy Statement, you will permanently lose all virtual items and will not
be entitled to a refund, as Shengshi Game will no longer be able to associate such
virtual items with you.
3. 3. Code of Conduct
You agree that under no circumstances will you:
directly or indirectly use any cheat, exploit, automated software, bot, hack, mod or
any unauthorized third-party software designed to modify or interfere with the
Service.
Use the Services in violation of any applicable law or regulation.
Use the Services for commercial purposes, including but not limited to advertising,
soliciting or transmitting any commercial advertisements, such as spam, chain
letters, pyramid schemes or other get-rich-quick schemes.
Use the Services for fraudulent or abusive purposes, including but not limited to
using the Services to impersonate any person or entity, or otherwise misrepresent
your relationship with a person, entity, or service;
disrupt, interfere with, or otherwise detriment to the normal flow of the Services
affect, or otherwise may negatively affect the experience of other users when
using the Services.
4. Third Party Services
Services may include links to third party services (including but not limited to
advertisements displayed by third parties) and/or third party services may be
provided to you through the Services. These services may include, but are not
limited to, game recording and sharing, social media connections and advertising.
These services are subject to their respective third party terms and conditions.
Please read these third-party terms and conditions carefully, as they constitute an
agreement between you and the relevant third-party service provider to which
Shengshi Game is not involved.
5. Account and Login Information
Certain elements of the Services may enable you to create an account or
otherwise register for the Services ("Account"). You may be required to choose a
password for your account, or you may use other credentials to access the
account ("Login Information"). You agree not to provide your login information to
anyone else or allow anyone else to use your login information or account. You
are solely responsible for maintaining the confidentiality of your login information
and for all uses thereof, including purchases. Shengshi Game may assume that
anyone logging into your account using your login information is you or someone
logging in with your permission.
4. If Shengshi Game has not noticed any activity related to your account for 180
days or more, Shengshi Game reserves the right to delete your account. In this
event, you may no longer be able to access and/or use any virtual items
associated with the account, and no refund will be provided to you.
6. The User Contribution
Services may allow you to create content, including but not limited to game maps,
characters, screenshots or gameplay videos (collectively, "User Contributions").
In exchange for using the Services, you hereby grant Shengshi Game a
non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and
sublicensable worldwide right and license to use your User Contributions in any
way and for any purpose, including Without limitation, the right to reproduce,
reproduce, adapt, modify, perform, display, publish, broadcast, transmit or
otherwise communicate to the public in any current or future manner, and to
distribute your User Contributions without any further notice or compensation The
right to you any kind.
To the extent not expressly prohibited by law, you hereby waive any moral,
publishing, reputation or attribution rights in relation to Shengshi Game and other
players' use and enjoyment of User Contributions in connection with the Services
and related goods and services in accordance with applicable law. Granted to
Shengshi Game's license and the foregoing waiver of any applicable moral rights
will survive any termination of these TOS.
Shengshi Game and its directors, officers and employees do not accept or
consider unsolicited idea or product submissions of any kind (eg. game or other
product ideas, stories, scripts, artwork, musical or audiovisual works, concepts or
any other creative material) in any form, by any means of transmission
("Unsolicited Content"). Please do not submit any unsolicited content to Shengshi
Game or its directors, officers or employees. However, if you submit unsolicited
content to us, you agree that such unsolicited content will not be treated as
confidential, notwithstanding that you state otherwise in an accompanying
message. You further agree that Shengshi Game may use and exploit such
unsolicited content without compensation to you or any third party, and you grant
Shengshi Game a perpetual, non-exclusive, irrevocable, fully paid, royalty-free,
sublicensable and transferable (in whole or in part) worldwide license to use,
exploit, reproduce, transmit, modify,
7. Communication between users of
5. the service Shengshi Game is not responsible for the actions of other users of the
service, nor is it responsible for monitoring inappropriate content in the service or
conduct any responsibility. Shengshi Game does not and cannot pre-screen or
monitor all content or behavior of users. Your use of the Services is at your own
risk.
By using the Services, you may be exposed to content or behavior that is
objectionable, indecent, or inconsistent with your values. When you use the
Services, Shengshi Game may utilize technology to monitor and/or record your
interactions with the Services or communications (including but not limited to chat
texts). You irrevocably consent to such monitoring and recording. Accordingly,
you agree that you do not expect privacy in the transmission of any content within
the Services, including but not limited to chat text or voice communications.
Shengshi Game reserves the right, in its sole discretion, to review, monitor, ban,
edit, delete, disable access to, or otherwise make unavailable any content
provided by users of the Service, without prior notice. If Shengshi Game monitors
the service at its sole discretion at any time, Shengshi Game is not responsible for
the content provided by users of the service, and Shengshi Game is not obligated
to modify or delete any inappropriate content.
8. Suspension and Termination for Your
Violations
Without limiting any other remedies available to Shengshi Game, if Shengshi
Game believes that you have violated these TOS, Shengshi Game reserves the
right to take, either individually or jointly, with or without notice to you The right to
do any of the following: (i) delete, suspend and/or modify your account or portion
of your account; (ii) restrict, suspend and/or terminate your access to the Services;
(iii) modify and/or delete any of your Virtual Items; (iv) reset and/or modify any
game progression or benefits and perks associated with you, such as any level or
score you have achieved on the Services.
9. Availability of services
If Shengshi Game believes that users are creating risks or possible legal liabilities,
infringing third-party intellectual property rights, or inaction, Shengshi Game may
limit, suspend or terminate the services or parts thereof, and take technical and
legal measures to prevent users Access the Services in accordance with the letter
or spirit of these TOS.
6. Shengshi Game reserves the right to discontinue the provision and/or support of
the Services or parts thereof (such asgames or game features) at any time, at
which point your license to use the Services or parts thereof will automatically
terminate. In such cases, unless otherwise required by applicable law, Otherwise
Shengshi Game is not required to provide refunds for virtual items or other items
related to such termination of service.
10. DISCLAIMER OF WARRANTIES TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES
ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY, WARRANTY OR
WARRANTY OF ANY KIND. It may be defective and your use is at your own risk.
Shengshi Game disclaims any and all express, implied or statutory warranties,
including warranties of condition, uninterrupted use, data accuracy (including but
not limited to location data), merchantability, satisfactory quality, fitness for a
particular purpose, non-infringement Third Party Rights and Warranties (if any)
arising in the course of dealing, use or trade practice. Shengshi Game does not
warrant that it will not interfere with your enjoyment of the service; that the service
will meet your requirements; that the operation of the service will be uninterrupted
or error-free; that the service will be interoperable or compatible with any other
service; or that any errors in the service will be corrected. NO ORAL OR
WRITTEN ADVICE GIVEN BY Shengshi Game, ITS EMPLOYEES OR OTHER
REPRESENTATIVES SHALL CREATE A WARRANTY.
Some jurisdictions do not allow the above disclaimer; therefore, the above terms
may not apply to you. Instead, in such jurisdictions, the above disclaimer applies
only to the extent permitted by the laws of such jurisdictions. In addition, you may
have additional legal rights in your jurisdiction, and nothing in these TOS will
infringe any legal rights you may have as a consumer of the Services.
11. Limitation of Liability
Shengshi Game shall not be liable for special, incidental or consequential
damages arising from access, use or service failure, including but not limited to
property damage, loss of goodwill, equipment failure or malfunction, and to the
extent permitted due to Personal injury damages, property damage damages, or
punitive damages, whether in tort (including negligence), contract, strict liability, or
otherwise, arising out of or in connection with any cause of action arising out of or
in connection with this TOS or the Services, whether in Whether Shengshi Game
was not informed of the possibility of such damages. Shengshi Game's licensors
and other partners are third-party beneficiaries of the limitations of liability set forth
7. herein for the purposes of Section 12 "Limitations of Liability" and may enforce
these TOS against you.
Shengshi Game's total liability arising out of or in connection with these TOS,
Privacy Statement or Services will never exceed the higher of: (i) the actual price
(if any) you paid for a license to use the Virtual Item ; or (ii) one hundred euros
(100 euros). The exclusion and limitation of damages is an essential element of
the basis of the agreement between Shengshi Game and you.
Some jurisdictions do not allow certain limitations of liability, such as those above;
therefore, the above terms may not apply to you. Instead, in such jurisdictions, the
above limitations of liability apply only to the extent permitted by the laws of such
jurisdictions. In addition, you may have additional legal rights in your jurisdiction,
and nothing in these TOS will infringe any legal rights you may have as a
consumer of the Services.
You agree to indemnify Shengshi Game (and Shengshi Game's officers, directors,
agents, subsidiaries, joint ventures and employees) from any claim, demand,
damage or other loss (including reasonable attorneys' fees) asserted by any third
party, Defend and hold harmless - a party arising out of or arising out of your use
of the Services or your breach of these Terms of Service; however, the above
shall not apply if a third party claim was not caused by your willful or negligent
conduct.
12. Copyright and DMCA
If you believe the Service or any of its content infringes your copyright, please
email: shengshiyuanmeng@outlook.com. Notifications sent to the specified
address will reach Shengshi Game's registered DMCA agent.
Please include all of the following in your DMCA notice:
Identify the copyrighted work that you claim has been infringed. If your DMCA
notice covers multiple works, you can provide a representative list of such works.
Identify the material you claim to be infringing, including a description of where the
material is located. Your description must be reasonable enough for Shengshi
Game to find the material.
Provide your full legal name, mailing address, telephone number and (if applicable)
email address.
Include the following statement in the body of the DMCA notice:
"I have a good faith belief that use of the material is not authorized by the
copyright owner, its agent, or the law. I represent that the information in this
8. DMCA notice is accurate and that I am the copyright owner or authorized to act on
behalf of the copyright owner, I will be subject to penalty of perjury.”
Please note that under 17 USC 512(f), you may be liable for damages, including
our or fees and attorneys fees incurred by our users. If you are unsure whether the
material or activity you are reporting results in infringement, you may wish to
contact an attorney prior to giving notice to Shengshi Game.
13. Links to Third-Party Products and Services
Shengshi Game may link from the Services to third-party websites or services.
You understand that Shengshi Game makes no promises about any content,
goods or services provided by such third parties, and you understand that
Shengshi Game does not endorse them. Shengshi Game is also not responsible
to you for any loss or damage caused by such third parties. You are responsible
for any charges you incur to these third parties. You understand that when you
provide data to such third parties, you are providing the data in accordance with
their privacy policy (if any), and you understand that Shengshi Game's privacy
statement does not apply to such data.
14. Governing Law
If you are a resident outside the United States, you agree that all disputes
between you and Shengshi Game will be governed by the laws of Vietnam,
regardless of conflict of laws provisions. You agree that any claim or dispute you
may have against Shengshi Game must be exclusively resolved by the courts
located in Hanoi, Vietnam.
If your jurisdiction of residence prohibits Shengshi Game from enforcing the
governing law, nothing in these TOS limits your rights under the laws governing
your place of residence.
15. Assignment, Severability and Entire
Agreement
Shengshi Game may assign these TOS in whole or in part to any person or entity
at any time, with or without consent. You may not assign or delegate any rights or
obligations under this TOS or the Privacy Statement without Shengshi Game's
9. prior written consent, and any unauthorized assignment or delegation by you will
be void.
If any provision of these TOS is held to be invalid or unenforceable, that provision
will be limited or eliminated to the minimum extent necessary and the remaining
provisions of this TOS will remain in full force and effect. Shengshi Game's failure
to enforce any right or provision of these TOS will not be deemed a waiver of such
right or provision.
This TOS and Privacy Statement sets out the entire agreement between you and
Shengshi Game regarding the Services and supersedes all prior agreements and
understandings between you and Shengshi Game.
Shengshi Game's failure to exercise or enforce any of its rights under these TOS
does not constitute a waiver of its right to enforce such rights. Any waiver of such
rights will only be effective if in writing and signed by an authorized representative
of Shengshi Game.
If you have any questions about these TOS, please contact
shengshiyuanmeng@outlook.com.
