Last Updated: May 20th, 2020
1.1 This Agreement is entered into by and between you and HONG KONG TOUDA CO., LTD. (hereinafter referred to as "TOUDA", "we", "us" or "our") in relation to our online game and any related services (together referred to as our "Game"). You agree that by accessing and/or playing our Game, you are binding to this Agreement. In addition, when using our Game, you may be subject to any posted guidelines or rules applicable to such Game,such as TOUDA's Privacy Policy, which may be posted from time to time.
1.2 We may update this Agreement from time to time by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement.
1.3 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2.1 Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
2.2 You shall not create an Account or access the game if you are under the age of 16; You shall restrict use by minors, and you will deny access to children under the age of 16. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
2.3 You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
3.1 You must follow applicable laws of the jurisdiction where you are located when visiting our Game. If any applicable laws restrict or forbid you from playing our Game, you shall follow such restrictions or stop visiting or playing our Game.
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 Game. You are exclusively responsible for any and all Content that you may provide via our Game, either published in public or sent in private. Regarding to 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, libelous, 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; and
3.2.6 You will not provide any Content that contains anything that, in the sole determination of TOUDA, is objectionable or inhibits any other person from using or enjoying the Game, or which may expose TOUDA or its users to any harm or liability of any kind.
3.3 By playing our Game, you agree that you will not:
3.3.1 except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Game;
3.3.2 use our Game 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 Game, collect any information of the Game or connect to the Game;
3.3.4 use our Game for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including but not limited to commercial purposes;
3.3.5 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Game, 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 Game;
3.3.7 collect any information, other than reasonably necessary for playing the Game, of other users; and
3.3.8 Unless otherwise specified, transfer virtual currencies such as gold coins and points ("Virtual Money") or items or services for use within our Game ("Virtual Goods") in any way once you purchase it, including but not limited to transaction, gift and exchange for real money.
3.3.9 exploit any bug or error in our Game to gain unfair advantage or exploit it for commercial purposes. You agree not to communicate the existence of any such bug or error (either directly or through the public posting) to any other user or third party.
3.3.10 do anything that interferes with the ability of other users to enjoy the Game or that materially increases the expense or difficulty to us in maintaining the Game for the enjoyment of all its users.
3.3.11 request any Virtual Money or Virtual Items from the customer service.
3.3.12 repeatedly send a help request to the customer service for non-substantial content.
3.3.13 use our Game in any other way not permitted by this Agreement or any posted guidelines or rules.
3.4 By playing our Game, you agree:
3.4.1 You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or TOUDA games. We reserve the right, but have no obligation, to become involved in any way with these disputes. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting TOUDA access to any password-protected portions of your Account.
3.4.2 If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
3.4.3 You understand that due to the particularity of online games, although we will do our best to maintain the Game system, the complete stability of the system via the internet cannot be guaranteed. In the event of certain or special failures in the system, we may recover the game data to the status before the bug/error occurs, or take other measures to ensure the stability of the system.
4.1 You are responsible for obtaining and maintaining necessary devices for playing our Game, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.
4.2 You understand that due to the specialty of the online games, we may update our Game from time to time, which may block your access to the Game for a period of time and result in the modification of the content of the Game. 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 our Game is in a “test period” or a “beta version” or something of that kind, your access to our Game may be subject to specific rules, such as limited period or limited number of users to access to the Game, privilege of some users to access to the Game, our reserved rights to modify or delete the game data of users, and irregular shut down of the Game servers. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game are highly appreciated.
5.1. Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in TOUDA games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the game, and not in any other way.
We may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to us, another user or any third party.
Any dispute arising between you and any third party payment process service (including a credit card company) shall be resolved directly between you and such third party. To the full extent permitted under applicable law, we shall not be liable for any obligations incurred by you to such third party in connection with your access and use of the Applications.
The provision of Virtual Items for use in our games is a service provided by TOUDA that commences immediately upon acceptance by TOUDA of your purchase.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. TOUDA may revise the pricing for the goods and services offered through the Service at any time.
5.3 Billing and Cancellation
5.3.1 Billing Cycle. Some fee for the Game Service and any other charges you may incur in connection with your use of the certain Game Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the certain Game Service or Virtual Items. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid Game Service or Virtual Items began on a day not contained in a given month.
5.3.2 Payment Methods. To use the certain Game Service you must provide one or more Payment Methods. You authorize the applicable third party to charge associated to your account in case your primary Payment Method is declined or no longer available for payment of your subscription fee. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the certain Game Service or Virtual Items until your subscription fee has been paid. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
5.3.3 Cancellation. You can cancel your subscription at any time, and you will continue to have access to the certain Game Service or Virtual Items through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds for any partial Service periods or any other reason. If you cancel your subscription, your account will automatically close at the end of your current billing period. If you wish to cancel your subscription, you may need to go to the third party which you authorize as a Payment Method, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Game Service through that third party. You may also find billing information about your certain Game Service or Virtual Items by visiting your account with the applicable third party.
5.3.4 Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service or Virtual Items from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.
6.1 Although we endeavor to provide the accurate and reliable services of our Game, you expressly understand and acknowledge that OUR GAME, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT 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 OR BUG/ERROR/DEFECT-FREE.
6.2 Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE 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 INABILITY TO USE OUR GAME, AND/OR RELATED 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 GAME, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAME, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR GAME, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR 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.
7.1 In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use our Game; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
7.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
8.1 TOUDA and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Game, 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.
8.2 The Game and all data, content and software associated with or generated within it including without limitation any and all Virtual Goods and Virtual Money (collectively referred to as our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Game. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Game on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. You can use the Work obtained within our Game for so long as we operate our Game unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work (such as some Virtual Money and Virtual Goods) and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject to certain third party’s license such as open source license as stated in the Game or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
9.1 By playing our Game or using any related services, you may provide the following information to us:
9.1.1 Login information which is used to identify specific users of the Game and may include game account or any third party account to log in the Game. When you register a game account we will expressly indicate the information to be provided. If any third party account is used to log in the Game, your information will be collected subject to the privacy policy of such third party.
9.1.2 Non-personally identifiable information formed or provided during your use of our Game or any services related, such as your gaming duration, device, IP address and operating system to improve your experience in our Game.
9.1.3 Your interactions with us, including but not limit to Content, claims, critics, suggestions, feedback, and investigations, as well as the information you provided to us during the interaction.
9.2 The above information may be provided by you when you: (1) register for an account; (2) update your account; (3) request technical service support; (4) purchase products or services; (5) enroll in subscription orders; (6) subscribe to newsletters or updates; or (7) make payments for items and advanced functions, within our Game or any related services.
9.3 We will collect, dispose and use your information in accordance with this Agreement. Your continued use of our Game will deem as your acceptance for us to obtain, utilize and use your information subject to this Agreement.
9.4 Information collected under this provision will be only used for:
9.4.1 Provision of our game to users;
9.4.2 Enhancement of user experience;
9.4.3 Identification of the most popular part of our game and estimation of our marketing initiatives; or
9.4.4 Notification of the Game updates to users.
9.5 Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties:
9.5.1 For the purpose set forth above, our affiliates or sub-contractors may be commissioned to process such information, provided that such affiliates or sub-contractors comply with terms and conditions hereunder.
9.5.2 We may also disclose such information (i) as you required; (ii) a regulatory requirement, judicial proceeding, court order or legal process served on us; or (iii) to protect the safety, health, right, or property of others, public or ourselves.
9.6 We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
9.7 Our Game may contain links to many other web sites or applications, users shall read the corresponding privacy policies carefully in the access to those web sites or applications. We will not be responsible for the acts of such websites or applications.
10.1 Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or the User Agreement shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center.
11.1 Transfer.
You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.
11.2 Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
11.3 Severability
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
11.4 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
11.5 Contact Us
If you have any further questions this User Agreement or the privacy practices of us, please contact us via the contact information in the Game or on the official website of the Game.