License and Service Agreement

 

Effective Date:【Dec. 20th 2021】

 

Welcome to use the game services provided by 【Playbest. Ltd.】 (hereinafter referred to as "the Company"). In order to protect your own rights and interests, please read the specific terms and conditions carefully before using the game software and related services provided by the Company.

 

Unless you have read and accepted all the terms of this Agreement, you have no right to use the Company's game services. If you click to agree, accept, or next, or you register or use the Company's game services, it is deemed that you have read and accepted all the contents of this Agreement. After that, you shall not raise any form of defense for not reading/not agreeing to the content of this Agreement or similar reasons.

 

If you are a minor, please read this Agreement with your guardian, and obtain the consent of your guardian, including all the terms of this Agreement, and your use of the Company's game services to pay to the Company you can use the Company's game services only if you agree to the behavior of the fee.

 

1. Definition

 

1. Game software: refers to the game software provided by the Company that can run on mobile smart devices, as well as the updates, upgrades, patches, and expansions of such game software, including network servers related to such game software, Website, forum or electronic document, etc.

 

2. Game service: refers to the game software provided by the Company and various online operation services related to the game software.

 

3. You: also known as "player" or "user", that is, a natural person who is authorized to use our company's game software or accept our company's game services through legal means.

 

2. The Scope of the Agreement

 

1. Contracting Subject: This Agreement is jointly concluded by the user and the Company, the Company's game service provider, and has legal effect.

 

2. Supplemental Agreement: Due to the rapid development of the Internet industry, the terms listed in this Agreement cannot completely list and cover all the rights and obligations of you and the Company, and the existing Agreement cannot guarantee that it will fully meet the needs of future development. Therefore, the "Privacy Policy", the game rules and their revised versions are all supplementary Agreements to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use the game service, you are deemed to agree to the above supplementary Agreement.

 

3. Changes to the Agreement: the Company has the right to change the terms of this Agreement when necessary. You can check the latest version of the terms of the Agreement on the relevant page. If you disagree with the changes, you should stop using the Company’s game services from the date when the changes are confirmed; if you continue to use the Company’s game services after the changes take effect, it will be deemed that your consent has taken effect Changes.

 

3. Game Account

 

1. Before using the game service, you must use your real identity information, mobile phone number, or other third-party accounts approved by the Company (such as Google, Facebook, etc.) to register a game account (hereinafter referred to as "user account").

 

2. The user agrees that the personal registration information you provide will be the only basis for the Company to determine the connection between the user and the game account and to identify the user. The user is obliged to keep the user account and password properly, and to use his account and password reasonably. The Company will take reasonable technical and management measures to ensure the security of the user's account and password. If any party fails to fulfill the above-mentioned obligations and causes the account and password to be stolen or lost, which damages your rights or the rights of others, it shall bear the legal responsibility arising therefrom.

 

3. If you find that your account and password are abnormally logged in or illegally used by others, you should promptly notify the Company to take necessary measures for your account and password, including but not limited to suspending login and use, and freezing the account. Consumption and transfer of virtual items, etc. When the Company takes restrictive measures on abnormal accounts according to your requirements, it has the right to request you to provide and verify valid personal information that is consistent with your registered personal information. If the verification is consistent, the Company will take necessary Restrictive measures. If you fail to provide valid personal identity information or certification that is consistent with the registered identity information, the Company has the right to reject your request and will not be liable for the losses caused to you. If the Company takes restrictive measures based on your request and causes losses to you or other users, you shall be responsible for it.

 

4. For the safety of your account and password, please do not provide your account and password to others for use (including but not limited to lending, renting, transfer, etc.), otherwise, the resulting adverse consequences (including but not limited to account and password stolen), Loss of virtual items, economic losses) shall be borne by you.

 

5. If you do not log in to the game within 365 days, the Company has the right to delete the user account and the game data under the user account. The Company will notify you 15 days before the deletion, if you still do not log in within that time, the Company will delete the user account and the game data under the user account, and the deleted data information cannot be restored.

 

6. In some scenarios, the Company provides "Guest Mode" for users to quickly log in to the game. Users can quickly log in to the game without registering an account through convenient modes such as "Quick Game" and "Guest Login". You further understand and agree that you may not be able to recharge and spend in the "Guest Mode", so please log in and bind your user account in time. If you do not bind your account in time, once you uninstall or reinstall the game, or you replace terminal devices such as mobile phones, computers, or such terminal devices are damaged, all your game-related data in the guest mode may be cleared, and Unable to query and restore.

 

4. Game Software License

 

1. Users can obtain the Company's game software from the Company's official website or a third-party authorized by the Company. The Company grants you a personal, non-commercial, non-proprietary, non-transferable and non-sub licensable license in accordance with the provisions of this Agreement. You can download and install the Company’s game software in accordance with the scope of authorization agreed in this Agreement. Go to your device terminal and follow the instructions of the software program to run the game software.

 

2. Users can only use the Company's game software for non-commercial purposes. Any commercial use without the Company's permission constitutes an infringement of the Company's rights.

 

3. In order to ensure the safety of the game software and optimize the functions of the game software, the Company will update, modify, and optimize the game software or some functions of the game software from time to time. After the new version of the software is released, the old version of the software may not be available. Please update the game software to the latest version as soon as possible to avoid restrictions on use.

 

5. Game Services

 

1. The user agrees that the Company's game and the Company's game service charging projects and charging standards are determined by the Company. If you want to get the corresponding service, you should pay according to the charging project and charging standard determined by the Company. If you do not pay the fees in accordance with the corresponding standards, you will not be able to enjoy the corresponding services. The specific charging items and charging standards will be announced in the store, game mall, purchase page, etc. Please read carefully before purchasing. The Company has the right to change or adjust the charging projects and charging standards as needed, and you shall not request compensation or compensation from the Company because of changes or adjustments in the charging projects or charging standards.

 

2. Game props, game equipment, game tokens, etc. (hereinafter referred to as "game virtual items") are part of the game service, the ownership of which belongs to the Company. The user has the right to obtain the right to use virtual items in the game under the premise of following this Agreement and the specific game rules. For all kinds of virtual items in the game, if there is no special mark for the use period, the user can continue to use it until the corresponding game service is terminated; if the use period is clearly marked, the use period shall be subject to the marked period, except In addition to force majeure or reasons attributable to the Company, virtual items will no longer be usable after the expiration date.

 

3. In order to better provide game services to users, the Company may need to make adjustments to the content of the game, which may involve the art appearance, skills and value settings of the game characters, game equipment and other game items you are using Wait. You understand and agree that such adjustments are a common practice in game operation, and you will not pursue any legal liabilities of the Company due to such adjustments.

 

4. All data and information (except for personal privacy information such as your name, ID number, telephone number, etc.) generated during your use of the Company's game services are owned by the Company, and the Company has the right to store and manage it.

 

5. There is an objective situation of incompatibility between different operating systems, which will cause your account, game data and recharge records in one operating system to not be shared with another operating system. The risk of recharge loss and game data loss caused by switching between different systems should be borne by you, and the Company does not bear any responsibility for this.

 

6. There may be a mandatory battle area or gameplay in the game. If you do not agree to a mandatory battle, please do not enter the gameplay or game area; once you click "Accept" or enter the mandatory battle area or gameplay, you will be deemed to agree the gameplay and accept the result of the game.

 

7. Without the Company's prior written permission, you may not record, display, copy, disseminate, or play all or part of the game's content, screens, etc. through third-party software, websites, and platforms during the use of game services.

 

8. When you use our company's game services, there may be abnormal game data due to software bugs, version defects, third-party virus attacks, or other factors. If there is an abnormality in the information, the Company will investigate the cause. During the investigation, the Company may need to freeze your game account or role; if the data abnormality is caused by abnormal game behavior, the Company has the right to restore the game data to the state before the abnormality occurred.

 

9. For the normal operation of the game server, the Company needs to regularly shut down the game server for maintenance or emergency shutdown maintenance for emergencies. You understand and agree that you will not be held accountable for any legal liability of the Company due to the normal service interruption or suspension caused by the above circumstances.

 

When necessary, the Company has the right to decide on its own to terminate or partially terminate the Company's game operations.

 

6. User Code of Conduct

 

1. Without the Company's permission or within the scope permitted by law, you are not allowed to engage in the following behaviors:

 

(1) Reverse-engineer, reverse-assemble, reverse-compile, or otherwise try to obtain the original code of the game software, or crack or modify the Company's game software program;

 

(2) Making, publishing, disseminating or using any form of cheating tools or programs that hinder the fairness of the game. These cheating tools or programs will operate on the game software or the data and software released into the memory of any terminal during the running of the software During the process, the interactive data between the client and the server, as well as the system data necessary for the operation of the software, copy, modify, add, delete, link to run or create any derivative works, modify the functions or operating effects of the software, including but Not limited to plug-ins, plug-ins, unauthorized third-party software, systems, etc.;

 

Since cheating tools such as plug-ins are hidden or disappear after use, you understand and agree to use the monitoring data in the game program as the basis for judging whether you use cheating tools;

 

(3) Use network accelerators, assistants and other external software, robot programs, or game synchronizers to maliciously damage service facilities, disrupt normal service order, and affect the balance and fairness of the game;

 

(4) By setting up game servers privately, etc., provide others with services that are exactly the same as or similar to the Company's game services, whether for commercial purposes or not;

 

(5) Scan, probe, and test game software to detect, find, and find possible vulnerabilities and errors (Bugs) in it, or use program vulnerabilities and errors (Bugs) to disrupt the normal operation of the game and gain improper benefits , Or spread bugs or bugs in game programs;

 

(6) Attacking or hacking into game software server or company website server, affecting the normal operation of the server;

 

(7) Use, rent, lend, copy, modify, link, reprint, compile, publish, publish, etc., game software and all or part of the content in the game software beyond the scope of authorization of this Agreement;

 

(8) Modify, cover up, and delete the name, company logo, trademark, copyright information, intellectual property rights statement, service source, etc. of the game software program;

 

(9) Other acts not expressly authorized by the Company.

 

2. In the process of using the Company's game services, you must not engage in the following improper game behaviors:

 

(1) Publishing and disseminating illegal speech or inappropriate information, including but not limited to publishing indecent speech, spam advertising information, publicity plug-ins, viruses, power leveling, offline transactions and other information in the game;

 

(2) Use content including but not limited to race/religion, politics, regional splitting, obscenity/vulgarity, defamation/intimidation, offensive, insulting, misunderstanding, prohibited drugs, drugs, etc. as account nicknames and role names Or the name of the group or organization in the game.

 

(3) Steal other people's game accounts, game virtual items, player personal information, assist the thief to operate and transfer game virtual items, etc.; purchase or obtain free game accounts, game virtual items, etc. obtained by others through account theft. In order to maintain the fairness of the game and the interests of stolen users, even if you unknowingly purchase the virtual items obtained by others through the hacking method, and then transferred to you, the Company still has the right to take back the virtual items you purchased.

 

(4) The act of pretending to be the official system, official customer service, friends, etc. in the game, defrauding others' game virtual items or other property for the purpose of illegal possession; in order to maintain the fairness of the game and the interests of the stolen users, even if you are in If you purchase virtual items obtained through fraud by others without knowing it, and then transferred to you, the Company still has the right to take back the virtual items you purchased.

 

(5) After recharging, users use platform policies or loopholes to maliciously apply for refunds for unreasonable reasons, illegally possess or use recharge services or profit from them;

 

(6) Trading game accounts, game virtual currency or game equipment, game coins and other game props and other game virtual items on a trading platform not approved by the Company;

 

(7) Other misconduct that is widely recognized in the industry.

 

3. If you violate the user code of conduct and engage in one of the above behaviors while using the Company’s game services, the Company has the right to take one or more of the following provisions against you, depending on the severity of the circumstances and in accordance with the provisions of this Agreement and relevant game rules. Treatment measures:

 

(1) Warning, warning of violations by players who violate the rules;

 

(2) Mute, close all or part of the chat channels of the offending players, so that the offending players cannot speak in the game or chat with other players;

 

(3) Restricting game behavior, temporarily or permanently restricting the game characters of violating players, or restricting or prohibiting violating players from entering specific scenes in the game or using specific game services;

 

(4) Temporarily or permanently prohibit the game account of illegal players from logging in to use the Company's games;

 

(5) Mandatory offline, forcing offending players to leave the game, including exiting the game of the authorities or exiting the entire game;

 

(6) Content reset, for resetting or compulsory modification of illegal players, self-defining illegal information such as illegal nicknames, names, pictures, etc.;

 

(7) Recover, reduce or limit your game revenue, for game revenues obtained by violating players due to violations (including virtual items such as props, equipment, virtual currency in the game, and experience points, prestige, level, etc., and game characters Relevant information), including but not limited to the recycling, reduction or restriction of game virtual items;

 

(8) Delete files, delete or log out game accounts, character files, game data or other game-related information;

 

(9) Stop the service, suspend or terminate the use of the Company's games and services by the violating players, or unilaterally notify you to terminate this Agreement;

 

(10) Undertake legal responsibility. If the improper behavior of the violating player causes damage to others or the Company, the corresponding civil, administrative or criminal liability of the violating player shall be investigated;

 

(11) Others, the Company informs players of other punishment measures through in-game announcements, forum rules, notices, etc.

 

7. Intellectual Property Rights

 

1. The Company’s information on the Company’s game software (including but not limited to software, technology, programs, codes, user interfaces) and the Company’s game service related information (including but not limited to text, data, pictures, audio, video, graphics, and interface Designs or electronic documents, etc.) enjoy complete and indivisible ownership and/or intellectual property rights (including but not limited to intellectual property rights such as copyrights, trademark rights, patent rights, trade secrets, and other legal rights involved). Without the Company's prior written consent, you may not use the content commercially in any way.

 

2. The Company's game services may involve third-party intellectual property rights. If such third-party manufacturers have requirements for your use of such intellectual property rights, the Company will notify you of such requirements in an appropriate manner, and you shall comply with such requirements.

 

3. Unless there is proof to the contrary, the content you upload, create, and share while using the Company's games and services belongs to you. Unless otherwise agreed by both parties, when you share, publish or upload content protected by intellectual property rights, you have granted us a non-exclusive, transferable, divisible, perpetual, free, and global license. Permit the Company to store, use, publish, copy, modify, adapt, publish, translate, create derivative works based on, disseminate, perform, and display rights; incorporate all or part of the content into any other form of work, media, technology The right to commercial development of your uploaded and published content; and the right to re-authorize the uploaded content to other third-party manufacturers in the above-mentioned manner under the condition of first notifying and seeking your express consent.

 

4. All other rights not expressly authorized by other terms of this Agreement are still reserved by the Company.

 

8. Privacy Policy

 

1. In order for users to use the Company's game services more easily and more satisfactorily, the Company may obtain your personal information through reasonable channels during the user's use of the game services. When the Company requires users to provide information related to their personal identities, they shall disclose their privacy protection policies and personal information utilization policies to users in a clear and easy-to-see manner in advance, and take necessary measures to protect the security of users’ personal information. .

 

2. Without the user's permission, the Company will not provide, disclose or share your personal information to any third party, except in the following cases:

 

(1) The user or user guardian authorizes the Company to disclose;

 

(2) Relevant laws require the Company to disclose;

 

(3) Judicial or administrative agencies request the Company to provide them based on legal procedures;

 

(4) When the Company files a lawsuit or arbitration against users in order to protect its legitimate rights and interests;

 

(5) When the user's personal identification information is provided in response to the legal request of the user's guardian.

 

3. For content related to the collection, use and protection of user information, please read the "Privacy Policy" in detail.

 

9. Force Majeure

 

The Company assumes corresponding obligations in accordance with the law, but for information network equipment maintenance, connection failures, computer, communication or other system failures, hacking activities, computer viruses, power failures, strikes, riots, fires, floods, storms, For explosions, wars, government actions, orders from judicial administrative organs, or damages caused to you due to third-party reasons, the Company does not assume responsibility for damages other than those clearly stipulated by law.

 

10. Application of Law and Court Of Jurisdiction

 

1. The conclusion, performance, interpretation and dispute resolution of this Agreement shall be governed by Hong Kong law (excluding conflict of laws). The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any claims or legal proceedings between you and our company shall be submitted to the China International Economic and Trade Arbitration Commission ("CIETAC") Hong Kong Arbitration Center for arbitration, which shall conduct arbitration in accordance with the arbitration rules of the Commission. The arbitration award is final and binding on both parties. You hereby agree and waive all defenses against lack of personal jurisdiction and/or inconvenience in terms of venue and jurisdiction through arbitration or judicial judgment.

 

2. In accordance with applicable laws and regulations, both parties confirm that any dispute resolution procedures, whether in arbitration or court, will be conducted on an individual basis only, rather than in a class or litigation.

 

11. Other

 

1. All notices sent by the Company to users can be sent in the form of announcements, e-mails, regular telephone calls, short messages, etc. in the game, on the game's official website or on the important page of the game's official forum.

 

2. Any clause of this Agreement is deemed to be annulled, invalid or unenforceable, and does not affect the validity and enforceability of the remaining clauses of this Agreement.

 

3. The title of each clause of this Agreement is only to help you understand the subject matter expressed in the clause, and does not affect or limit the meaning or interpretation of the clauses of this Agreement.

 

If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at【cs@monkeykingaoh.com】.