By using our service, you acknowledge that you have read, understood and agreed to the following TOU. In case you do not understand or agree to any of the TOU, you should immediately stop using our service. Hong Kong Xinzhan Software Technology Co., Limited and/or its affiliates (collectively “Company”, “we”, “our” and “us”). reserves the right to update the Terms OF USE ("TOU") at any time without notice to you.
In the case of any violation against the provisions of the TOU, we shall have the right to seek legal and fair remedies.
If you have any questions about, or if you wish to send us any notices in relation to, these TOU, please contact us at couragergames@gmail.com.
Please review these TOU and our policies and instructions to understand how you can and cannot use our services. You must comply with these TOU in your use of our services and only use our services as permitted by applicable laws and regulations, wherever you may be when you use them. When you use the Service, you represent that:
- your use of the Service does not violate any applicable law or regulation;
- you are 13 years of age or older;
- you are of sufficient legal age or otherwise have legal capacity to legally enter into these TOU.
If you do not agree to these TOU, you must not use our services. We may modify these TOU from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new TOU take effect, you will be bound by the modified TOU.
Our Privacy Policy is part of and is governed by these TOU. By agreeing to these TOU, you agree to be bound by the TOU of the Privacy Policy and agree that we may use information collected from you in accordance with its TOU.
1. Use License
(1) The Company grants each user a non-exclusive and limited license to use the object code version of the App for non-commercial purposes. Each user may make a single copy of the App in object code form for archival or backup purposes. The user must include all Notices on all such copies.
Users are prohibited from reverse engineering, decompiling or disassembling the App or attempting to gain access to the source code of the App except and only to the extent that it is expressly permitted by applicable law. To the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
(2) Each user is prohibited from transferring or assigning the App or these TOU and/or any rights or obligations hereunder without the prior written consent of the Company.
(3) Your rights under this TOU will automatically terminate if you breach any of your material obligations under this TOU.
(4) Promptly after such any termination of this TOU, you will destroy all copies of the App and uninstall the App from your device.
(5) All rights not expressly granted are reserved.
1.1. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that we deem to be in conflict with the spirit or intent of the Service or make improper use of our support services.
- Use or take part in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any game or any game experience.
- Modify or cause to be modified any files that are a part of the Service or any game without our express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users experience when using the Service or playing our games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any game environment.
- Institute, assist, or become involved in any type of attack, including distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other persons use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by us.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, racially, sexually, religiously, or otherwise objectionable or offensive, or engage in ongoing toxic behavior.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including our employees and customer service representatives.
- Make available through the Service any material or information that infringes copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity, or impersonates any other person.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive source code for any underlying software or other intellectual property used to provide the Service or any game.
- Solicit or attempt to solicit Login Information or other login credentials or personal information from other users of the Service or any game.
- Collect or post anyones private information, including personally identifiable information, identification documents, or financial information through the Service.
We reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action, including terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.
YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ACTING INCONSISTENTLY WITH OUR TERMS OR POLICIES.
WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
We reserve the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2. Third Party Services
The services may contain links to third party sites, and we are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our services, including any other content provided by other users of our services or by our advertisers.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our services, you must comply with any TOU and conditions applicable to those services.
3. Our Intellectual Property Rights
All intellectual property rights in or to our services and software, including future updates, upgrades and new versions, will continue to belong to us and our licensors. Except as expressly provided in these TOU, you have no right to use our intellectual property rights.
4. Indemnity
You agree to defend, indemnify, and hold harmless Lightwood Limited, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including attorneys fees and expenses, arising out of a breach of your obligations, representation and warranties under these TOU.
5. EXCLUSION OF WARRANTIES
NOTHING IN THESE TOU SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TOU APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TOU. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR APPLICATION FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
6. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY MATERIALS, OR ANY OTHER CONTENT THEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOU OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TOU OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
7. GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that applicable additional TOU incorporated into these TOU provide differently, or applicable laws and regulations of your jurisdiction mandate otherwise, these TOU and any dispute or claim arising out of or in connection with these TOU will be governed by the law of the Hong Kong Special Administrative Region.
Any dispute, controversy or claim arising out of, relating to, or in connection with these TOU, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted.
The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.