Terms of Service
01
AAAGame Terms of Service
Last Updated：July 7th,2022
1. Introduction
1.1 These Terms of Service (“Terms”) represent a binding agreement between AAAGame, our partners, affiliates, and licensors (“we”, “us”, “our”, “company”, or “AAAGame”) and our users (“you”). AAAGame, located at 308 Songhu Road, Shanghai, People’s Republic of China, offers services which include our games, websites, discussion forums, and any other related services (“Services”).
These Services are offered subject to your compliance with all the Terms contained herein and all other operating rules, policies, and procedures. In addition, some Services may be subject to additional terms and conditions promulgated by us from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on our website. Such material modifications will be effective immediately and will apply to disputes arising under the Terms from the date of posting forward. Your continued use of the Services after a modification has been made to the Terms constitutes your acceptance of such modification
1.2 The full range of our services that we provide to our users (“AAAgame Users”, “Users”, “you”) include:
1.2.1 Mobile applications and web applications which are accessible on third-party social networking services (“SNS”). All our applications, games, websites, and related services will hereby be referred to as “AAAGame Applications” or “applications”
1.2.2 Networks in connection with our applications and those of third parties (“Networks” will herein be defined as publisher networks, crowd sourcing services and platforms)
1.2.3 Domains, web domains, and subdomains including aaagame.com (herein all referred to as “our sites”), and online forums or messaging forums provided in or through our Services and our sites
1.2.4 Any and all our applications, Networks, our sites will herein be understood as a part of our “Services”
1.3 To use our Services, you must agree to our Terms.
1.4 By agreeing to our Terms, you are indicating that you are at least 13 years of age and/or have the legal capacity to enter into a legally binding agreement. In the case you do not have the legal capacity to enter this agreement, by using our service, you represent that your legal guardian or anyone legally responsible for your interests have agreed to these Terms.
1.5 Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal and non-commercial use. This Agreement shall also apply to any patches or updates obtained for the Services. The rights granted to you are subject to your full compliance with this Agreement.
1.6 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AAAGame.
Except as expressly licensed to you herein, we retain all rights, titles, and interests in and to the Services, including without limitation, and any and all associated copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, patches, updates, copies, derivative works, titles, computer code, audiovisual effects, themes, objects, characters, character names, stories, dialogs, settings, catchphrases, locations, concepts, artwork, images, animation, sounds, musical works, audio-visual, text, methods of operation, moral rights, whether registered or not. IN ACCORDANCE WITH THE PROVISIONS SET FORTH, COPYING OR ANY FORM OF DUPLICATION OF THE SERVICES IN ANY MANNER, EITHER IN WHOLE OR IN PART, IS EXPRESSLY AND EXPLICITLY PROHIBITED, UNLESS WE EXPLICITLY GIVE OUR CONSENT.
You accept that the Services does not give you any title or ownership in any content appearing in the Services, and this Agreement should not be construed as a sale or transfer of any intellectual property rights to the Services. All rights not specifically granted under this Agreement are hereby reserved by AAAGame and, as applicable, by our affiliates, or by our licensors.
Important: By accessing and/or using our Services, you are agreeing to be bound by these Terms as set forth below. If you do not wish to be bound by these Terms, then you may not use our Services.
If you access our Services from or with a SNS or download our Services from another platform or application stores such as Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply with their terms of service as well as our Services.
OUR SERVICES ARE STRICTLY FOR ENTERTAINMENT PURPOSES ONLY. OUR SERVICES DO NOT INCLUDE ANY OPPORTUNITY FOR USERS TO ACQUIRE REAL WORLD MONEY OR PRIZES.
2. Changes and Modifications
AAAGame reserves the right to change, modify, terminate, or stop any of our Services, Privacy Policy, and any other related Services we may provide such as our APIs, applications, forums, contests, subscriptions, or loyalty programs, at our own discretion and at any time without prior notice. Any such change made to our Services will afterwards be reflected in these Terms that we will notify to our Users. Agreeing to these Terms also by accessing and/or using our Services after being notified of our changed Terms, you are indicating that you agree to be bound by our changed and modified Terms.
If the changed and modified Terms are not acceptable to you, then you may no longer use our Services, and in such cases, you are not entitled to any refunds, benefits, or compensation in the case of disagreeing with our changed and modified Services and being denied our Services. Furthermore, by agreeing to our Terms
3. Privacy
All our Services are governed under AAAGame’s Privacy Policy. Any questions or concerns regarding our Privacy Policy or its implementation should be made via email and sent to kingdomclash@aaagame.com
4. Unlawful or Prohibited Usage
4.1 By agreeing to our Services, you shall not do any of the following prohibited actions under ANY circumstances:
4.1.1 Sell, rent, lease, license, transfer, or distribute our Services in whole or in parts
4.1.2 Use any cheats, exploits, automation software, bots, modifications (“mods”), hacks, or third-party software not authorized by AAAGame when accessing and using our Services either directly or indirectly.
4.1.3 Use our Services to violate any applicable law or regulation
4.1.4 Deriving, modifying, copying, sharing, transferring, or creating altered works of any of our Services either in whole or in parts except in cases of AAAGame’s explicit authorization. This includes any actions toward our Services’ source code.
4.1.5 Any tampering, disruption, or burdening of any computers, servers, networks, or devices which are used by us to offer or support our Services either directly or indirectly.
4.1.6 Any tampering, disruption, or burdening of any computers, servers, networks, or devices which are used by us to offer or support out Services in a manner which may negatively affect other Users’ experiences when using our Services either directly or indirectly.
4.1.7 Attempting to or gaining access to our Services using an account registered to other Users not yourself without our explicit authorization.
4.1.8 Attempting to or gaining access to our Services, User accounts registered to others or to the computers, servers, or networks used by us or supporting our Services by any means other than the primary user interface provided by AAAGame, including but not limited to; attempting to circumvent or modify, directly or indirectly modifying, or by circumventing any of our security, technology, encryption, software, or devices that are used by us or support out Services.
4.1.9 Exploiting any of our Services in whole or in parts for commercial purposes without our explicit authorization.
4.1.10 Posting any content, materials, or information which may be considered excessively violent, abusive, threatening, obscene, libelous, defamatory, or racially, sexually, religiously, or otherwise objectionable or offensive on, with, or using any of our Services. This includes posting any hypertext links which may lead to any of the aforementioned content, materials, or information.
4.1.11 Attempting to, or abusing, threatening, harming, or inciting violence to another user, person, group including our employees.
4.1.12 Attempt to, or abuse, threaten, harm, or incite violence to another user, person, group, or collective including our employees.
4.1.13 Releasing or making available any information, materials, documents, or related articles that infringe on any copyrights, trademarks, patents, trade secrets, rights of privacy, rights of publicity, or other rights of any entity or individual including our employees and us.
4.1.14 Attempting to or engaging in any other action or act that results in direct or indirect consequences which violates or comes into conflict with what any of the stipulations in our Terms.
4.1.15 Attempting to or gaining access to computers, servers, or networks used by us or are supporting our Services without our explicit authorization.
4.2 If you are found to have engaged in or intent to engage in any of the above listed prohibited actions or acts either directly or indirectly, we reserve the right to withhold our Services from you and suspend or delete your account(s) that have been made through our Services.
4.3 We also reserve the right to turn over any of your information collected through our Services to any legal authorities when obligated to.
5. Service Content
5.1 The types of content that we may provide through our Services include:
5.1.1 AAAGame content refers to any content made available by AAAGame on, using, or through our Services excluding User Content. AAAGame content includes but is not limited to:
5.1.1.1 Text, data, and forms
5.1.1.2 Data
5.1.1.3 Graphics and illustrations
5.1.1.4 Videos and other audiovisual content
5.1.1.5 Promotional materials
5.1.1.6 “Look and feel” elements as outlined under the Lanham Act
5.1.1.7 AAAGame’s or our partner’s trademarks and logos
5.1.1.10 AAAGame applications, third-party applications, and other content made available by us or with, in, or through our Services
5.1.2 User content refers to any data, images, illustrations, graphics, videos or other audiovisual content, text, documents, forms, and any other content which is shared, submitted, transferred, or uploaded by a User on, using, or through our Services.
5.2 Herein after, all content, including User content and AAAGame content shall be referred to as “Content” unless explicitly stated otherwise.
6. Eligibility and Registration
6.1 For you to access and use Services in their entirety, you are required to register a user account with AAAGame (“AAAGame account”) (Any AAAGame account for any of our services, herein after known as “AAAGame Account”). Once you have registered an AAAGame account, you will be considered a User or “Member.”
6.2 As stated in section 1.2.1, if you are a minor (any age under 18 years) and are accessing our Services, by doing so your legal guardian has read, understood, and agreed to these Terms.
6.3 If you are 18 years of age or older and have registered for a AAAGame account, you are agreeing to take responsibility for your account and actively monitor your account so that minors or other unauthorized persons do not use our Services given to you. Furthermore, you will accept responsibility should any unauthorized use of your account by a minor or other unauthorized persons occur, this includes any unauthorized use of your credit cards or other payment devices to make transactions in, using, or for our Services.
6.4 When registering for an AAAGame account, you will be asked to provide certain information, such as your email address, and a self-created username and password. You agree to provide accurate, up-to-date, and complete information during the registration process, and to update your information to ensure accuracy and completeness. We reserve the right to suspend or terminate your account should any of your information found to be false inaccurate, not current, or incomplete.
6.5 Non-Members may still use our Services, but access to the entirety of our Services will be restricted to registered Members only. Furthermore, you agree to take responsibility for managing the security of your password(s) and personal information when using our Services, and to never disclose your password(s) or other personal information to a third-party so that they may access your AAAGame account. You agree to notify us immediately should any unauthorized or prohibited use of your personal account occurs.
6.6 The use of “your” only is to clearly describe the AAAgame account owned by your actual self. You agree that you have no ownership or any proprietary interest in your AAAGame account, and you further agree that all rights in and to the AAAGame account are and always will be owned by us.
7. Ownership
7.1 All of our Services and Content are protected under copyright, trademark, and other corresponding laws of the People’s Republic of China and foreign countries.
7.2 Unless explicitly stated in these Terms, AAAGame and our licensors own the rights and interests in and to our Services and Content, including any related intellectual property rights owned by us or our partners. Intellectual property rights may include but are not limited to:
7.2.1 Copyrights
7.2.2 Patents
7.2.3 Trademarks
7.2.4 Trade names
7.2.5 Database rights
7.2.6 Domain name rights
7.2.7 Trade secret rights
7.2.8 Applications pertaining to or belonging to any of the previously listed in section 7.2
8. Purchases and Virtual Goods
8.1 We may license to your certain virtual goods that are usable within our Services, some of which may be purchasable using “real world” money or which may be redeemable through gameplay elements such as virtual goods. Herein after, “Virtual Goods” shall be understood as items which are only obtainable through either in-game events, progression, and participation in the game, or through “real world” money purchases made within or through our Services. Furthermore, “Virtual Goods” do not have any “real world” monetary value and are not meant to be a substitute for “real world” money. We nor any other person, entity, or being has an obligation to exchange Virtual Goods for “real world” money or other “real world” objects or items of value. You agree that we also have no liability for any instances of you losing access or the ability to use your Virtual Goods. “You” is used here to describe your own personal interactions with any Virtual Goods from or in our Services. “You” when used in this section of the Terms shall not be understood as prescribing any proprietary ownership or interests that you have over ANY Virtual Goods you receive in-game.
8.2 The transfer of Virtual Goods from your AAAGame account to another person’s AAAGame account is prohibited unless explicitly authorized by a relevant AAAGame employee. If you are found to have engaged, currently engage in, or intend to engage in prohibited transfer(s) of Virtual Goods, we reserve the right to suspend or terminate your AAAGame account.
8.3 The price and quantity or availability of our Services’ Virtual Goods are subject to change without notice to you. Subject to governmental regulation(s), all purchases, redemptions, and authorized company transfers of Virtual Goods are absolute and non-refundable. You hereby acknowledge and agree that acquiring, purchasing, redeeming, or receiving Virtual Goods from or in our Services is a process that when initiated will commence immediately from moment of initiation, and you will forfeit any right of withdrawal from this process once the process has commenced.
8.4 Subject to governmental regulation(s), you hereby agree that we are not obligated or required to provide you a refund for any Virtual Goods you have acquired for any reason, and that you will not receive “real world” money or other forms of compensation for any unused, expired, or invalid Virtual Goods, whether your loss of license under these Terms were voluntary or involuntary.
8.5 You agree that requesting for your AAAGame account to be deleted, or having your account suspended, revoked, or terminated for violating our Terms will result in the permanent loss of all your Virtual Goods with no rights for you to obtain a refund as we can no longer associate any Virtual Goods under you or your former AAAGame account.
8.6 When you acquire Virtual Goods, you agree that you are only given a limited license to use those Virtual Goods in or for our Services, and that you expressly do NOT own the Virtual Goods and they are not your property, nor do you own any proprietary interest in them.
9. Virtual Currency
9.1 We may license to your certain virtual currency that is usable within our Services, some of which may be purchasable using “real world” money or which may be redeemable through gameplay elements such as virtual goods. Herein after, “Virtual Currency” shall be understood as “non-real world” currency which is only obtainable through either in-game events, progression, and participation in the game, or through “real world” money purchases made within or through our Services. Furthermore, “Virtual Currency” does not have any “real world” monetary value and are not meant to be a substitute for “real world” money. We nor any other person, entity, or being has an obligation to exchange Virtual Currency for “real world” money or other “real world” objects or items of value. You agree that we also have no liability for any instances of you losing access or the ability to use your Virtual Currency. “You” is used here to describe your own personal interactions with any Virtual Currency from or in our Services. “You” when used in this section of the Terms shall not be understood as prescribing any proprietary ownership or interests that you have over ANY Virtual Currency you receive in-game.
9.2 The transfer of Virtual Currency from your AAAGame account to another person’s AAAGame account is prohibited unless explicitly authorized by a relevant AAAGame employee. If you are found to have engaged, currently engage in, or intend to engage in prohibited transfer(s) of Virtual Currency, we reserve the right to suspend or terminate your AAAGame account.
9.3 The price and quantity or availability of our Services’ Virtual Currency is subject to change without notice to you. Subject to governmental regulation(s), all purchases, redemptions, and authorized company transfers of Virtual Currency are absolute and non-refundable. You hereby acknowledge and agree that acquiring, purchasing, redeeming, or receiving Virtual Currency from or in our Services is a process that when initiated will commence immediately from moment of initiation, and you will forfeit any right of withdrawal from this process once the process has commenced.
9.4 Subject to governmental regulation(s), you hereby agree that we are not obligated or required to provide you a refund for any Virtual Currency you have acquired for any reason, and that you will not receive “real world” money or other forms of compensation for any unused, expired, or invalid Virtual Currency, whether your loss of license under these Terms were voluntary or involuntary.
9.5 You agree that requesting for your AAAGame account to be deleted, or having your account suspended, revoked, or terminated for violating our Terms will result in the permanent loss of all your Virtual Currency with no rights for you to obtain a refund as we can no longer associate any Virtual Currency under you or your former AAAGame account.
9.6 When you acquire Virtual Currency, you agree that you are only given a limited license to use those Virtual Currency in or for our Services, and that you expressly do NOT own the Virtual Currency and they are not your property, nor do you own any proprietary interest in them.
10. Infringement
You agree that by using our Services you SHALL NOT sell, distribute, transfer, share, provide, display, or offer any means, methods, or abilities to infringe our copyrighted works. This extends to performing any actions which may violate, infringe, or promote the violation or infringement of the intellectual property rights of any of our associated third parties, such as but not limited to platforms like Facebook, Google, or Apple.
11. Feedback, Comments, and Ratings
11.1 Under these Terms you are allowed to make comments about our content that is publicly viewable by other Members or Users through or in our Services. Generally, we do not moderate these forums so any violations of our Terms (such as hate speech) when seen by us may result in the suspension, revocation, or deletion of your AAAGame account. Once you submit a comment in or through our Services, you should not expect to be able to review or edit those comment(s), nor should you expect a moderator to do so for you.
11.2 You agree that you will be legally responsibly for any damages incurred by harming someone, including our, reputation should your comments in or through our Services be defamatory. Without limiting any other terms or conditions in these Terms, we may under some circumstances monitor and censor comments made by you. Furthermore, we reserve the right to delete any comments made in or through our Services that we deem to be inappropriate or found to be in violation of our Terms.
11.3 Feedback that you may write to us with, in, or through our Services can be sent by email or using our in-game functions. You agree that any of your feedback made will irrevocably be assigned under our ownership and the rights, titles, and interests of your feedback will be considered as part of our intellectual property once submitted. Furthermore, we reserve the right to not provide compensation for any of your feedback. You hereby also agree to comply with any of our requests, that are within reason, to assist us in maintain our intellectual property rights and other legal protections.
12. Interactions
12.1 You are solely responsible for your personal interactions with our Members or Users when using our Services. You hereby agree to take full responsibility should any of your interactions with other Users or Members using or in our Services result in damages incurred by you or other Members or Users. Furthermore, you hereby understand and agree to absolving us of any liability to damages incurred through your interactions with others when using our Services.
12.2 We reserve the right to contact our Users and Members within the rights afforded by applicable laws and regulations. You understand and agree that any requests made by us for you to cooperate in our investigations regarding suspected unlawful, fraudulent, or improper activity, including but not limited to allowing an authorized AAAGame employee access to any password-protected portions of your AAAGame account.
13. Orders and Payments
13.1 You hereby agree that if you are under the age of 18 and have accessed or used our Services that any payments you make using our Services or through your AAAGame account was done with the expressed consent of your legal guardian, and that by making your purchase(s) your legal guardian has read, understood, and agreed to these Terms. See sections 6.2 and 6.3 for more details.
13.2 You hereby understand and agree that any purchases made with “real world” money for the limited license to use our Services' Virtual Goods and/or Virtual Currency are final and non-refundable. You expressly agree and provide your consent that any orders for limited license use of our Virtual Goods and/or Virtual Currency are to be made available to you upon our acceptance of your order or purchase. See sections 8 and 9 for more details.
14. Fees, Fines, Taxes
You are solely responsible for any fees, fines, taxes, or other related charges incurred by you or anyone using an AAAGame account registered to you.
15. Unsolicited Content
We do not accept or consider unsolicited idea or product submissions of any kind in any format, by means of any transmission, transfer, or sharing (“Unsolicited Content”). However, if you submit to us Unsolicited Content, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you state in your accompanying message or otherwise. You further agree that such Unsolicited Content may be shared or used by us without compensation to you or any third party and you grant us a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, reproduce, transmit, amend, display and exhibit Unsolicited Content in all media now known or hereinafter invented for any purpose and create derivative works based upon the Unsolicited Content.
16. Desktop and Mobile OS Providers
Operating providers (“OS”) for mobile and desktop devices may offer virtual shops, marketplaces, or storefronts for you to browse, download, and update our Services. If you download any of our Services using such methods, you hereby understand and agree that you must also comply with their terms and conditions, such as but not limited to Google’s Play Store.
17. Third Party Publishers
Third-party publishers may contain end user license agreements (“EULAs”) which have AAAGame as a third-party beneficiary. You hereby agree that upon your acceptance of the terms of a Third-party publisher, that as a third-party beneficiary, we reserve the right to enforce such license(s) against you.
18. Hypertext Links, Third-Party Materials Links, Third-Party Materials Links, and Third-Party Materials
18.1 Services provided by us may contain links to third-party websites or resources. By using our Services, you agree that we are not liable for the following:
18.1.1 The accuracy of the information provided by link-directed resources
18.1.2 The content, products, or services made available on such link-directed resourced
18.1.3 Links to such resources do not imply any endorsement by us towards them or for their products, services, or related offers
18.2 You understand and take full responsibility for and assume the risk from using any such link-directed resources. If you access such resources on mobile device(s) or desktop carrier networks, you hereby acknowledge that possible carrier billing rates may apply. Furthermore, certain content, products, and services available through our Services may include materials or resources from third parties, such as Third-Party Applications.
18.3 You hereby agree that you will not use any Third-Party Applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that we are in no way responsible for any such use by you.
19. Contests and Sweepstakes
We may sometimes offer contests or similar promotions (hereby referred to as “Promotions”) through or in our Services. The rules regarding each of these Promotions will be outlined in a rules guideline when said Promotions are running. Furthermore, the rules guidelines for these Promotions will always contain information regarding to our rights of ownership towards any submission you or other Members may make in order to participate in the Promotion(s).
20. Deleting Your Account
20.1 In cases where you are found to be in violation of our Terms, we reserve the right to suspend, revoke, or delete your AAAGame account. Upon account termination, you will lose all access to your former account, this includes and Virtual Goods or Virtual Currency that you leased licenses to with the deleted account. The same consequences of surrendering your account’s access, the Virtual Goods in your account, and your account’s Virtual Currency will apply if your account is deleted by yourself.
20.2 To delete your account, you must contact AAAGame at kingdomclash@aaagame.com with an explicit request to have your AAAGame account deleted. This email message must include any information which can be used to identify your account and to verify that you are the rightful owner (such as but not limited to registration email, name, account number). Please include “DELETE MY ACCOUNT” into the subject line of your email if you do so. Once we have received your message, we will process your account deletion within 30-60 days of receiving your request. IMPORTANT: In cases when we are obligated by government entities to provide your account information to them for purposes of aiding a criminal investigation, we will cease any processes of account deletion if yours is currently being processed for deletion.
21. Effects of Account Termination or Suspension
21.1 You hereby agree that we are not required to provide a refund to you for any reason, and that you will not receive “real world” money or any other form of compensation for unused Virtual Goods or Virtual Currency that was associated with your AAAGame account prior to it being terminated or suspended by us. After any such account termination or suspension, you further understand and acknowledge that we will have no further obligations to provide our Services to you, and all licenses and other rights granted to you by these Terms will cease immediately. You agree that we will not be liable to you or any third-party for termination of our Services or termination of your use of our Services.
21.2 When your AAAGame account is suspended or terminated, you agree that any content, materials, or information that you have submitted through, on, or to our Services or that which is related to your AAAGame account may no longer be accessed by you. You also understand and agree that we have no obligation to maintain any information stored in our database related to your AAAGame account or to forward any information to you or any third party.
22. Availability of Services
In case we reasonably believe you are creating any risk or exposing us to any possible liabilities or infringing intellectual property rights of us or third parties, we reserve the right to limit, suspend or terminate the Services or portions thereof, and take technical and legal steps to prevent you from accessing the Services.
23. Disclaimer of Warranties
To the fullest extent that is permissible under the applicable laws, you expressly agree that our Services are provided to you on a temporal and non-permanent basis. You understand and agree that should accessing and using our Services are at your own risk and discretion. THEREFORE, OUR SERVICES AND OUR CONTENT IS PROVIDED AS IT, WITHOUT ANY WARRANTY, EITHER EXPLICIT OR IMPLIED. WITHOUT ANY LIMITATIONS TO THE AFOREMENTIONED IN THESE TERMS, WE HEREBY EXPLICITLY DISCLAIM ANY WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND/OR MECHANTABILITY, AND ANY OTHER WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT OUR SERVICES AND OUR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON A PERMANENT, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY OF OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR SERVICES AND OUR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
24. Indemnity
You hereby understand and agree to indemnify and hold AAAGame, our employees, our leadership, and our agents, harmless and blameless from any claims, damages, losses, liabilities, and expenses, including but not limited to legal and accounting fees, originating out of or in any way connected with any information, graphics, videos, text, documents, data, or others submitted to us, your access to our Services, our Content, or your violation of these Terms.
25. Limitation of Liability
IN NO EVENT SHALL AAAGAME OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR DIRECT DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF AAAGAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF AAAGAME SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES EXCEED THE HIGHER OF: (I) THE ACTUAL PRICE (IF ANY) YOU PAID FOR THE USE OF THE LICENSE; OR (II) ONE HUNDRED DOLLARS (US$ 100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AAAGAME AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE CERTAIN LIMITATIONS OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
26. Trademarks and Other Proprietary Rights
All service marks, trade names, trade secrets, logos, copyrights, trademarks, and other proprietary designations of us, our affiliates, or our licensors used in association with these Services are trademarks or registered trademarks of AAAGame, our affiliates, or our licensors. Any other service marks, trade names, trade secrets, logos, copyrights, trademarks, and other proprietary designations are the trademarks or registered trademarks of their respective owners.
27. Judicial Jurisdiction, Controlling Law
These Terms which govern our Services, and any related action thereto will be governed by the laws of the People’s Republic of China without regard to any conflict of its law’s provisions.
28. Arbitration
28.1 This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and COMPANY. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. To these Terms, including this Provision specifically, “COMPANY” means “AAAGame”, its partners, parent companies, subsidiaries, licensees, licensors, and affiliates. “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
28.2 YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. you understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
28.3 Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
28.4 Any Disputes that may arise from or due to these Terms shall be submitted to the Shanghai International Economic and Trade Arbitration Commission/Shanghai International Arbitration Center (“SHIAC”) for arbitration, which shall be conducted in accordance with SHIAC’s arbitration rules in effect at the time of applying for arbitration. The official seat of arbitration will be Shanghai, China. The language to be used in the arbitral proceedings shall be in Chinese, and the arbitral award is final and binding upon both parties.
28.5 For all Disputes, whether pursued in court or arbitration, you must first give COMPANY an opportunity to resolve the Dispute. You must commence this process by written notification to:
Address: Floor 5, Building 9, Chuangzhi Tiandi, 308 Songhu Road, Yangpu District, Shanghai, People’s Republic of China
That written notification must include your name, your address, a written description of your Claim, and (4) a description of the specific relief you seek. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
28.5 Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if the Dispute qualifies, it may be initiated in small claims court; or YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
Address: Floor 5, Building 9, Chuangzhi Tiandi, 308 Songhu Road, Yangpu District, Shanghai, People’s Republic of China
Your written notification must your name, your address, and a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide the Company with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses and above.
Additionally, notwithstanding the above, COMPANY reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g., hacking or falsifying location) of its intellectual property, services, and products.
29. Severability
If any part of the Agreement is found to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect, to the maximum possible extend permitted by law.
30. No Waiver
Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
31. Assignment
AAAGame may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer, or sublicense any or all your rights or obligations under the Agreement or the Privacy Policy without AAAGame’s express prior written consent.
32. Entire Agreement
This Agreement represents the complete agreement between you and AAAGame concerning the Services and supersedes all prior agreements and representations, warranties, or understandings between you and AAAGame (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
In the case you have any questions about these Terms, you may contact us at:
Floor 5, Building 9, Chuangzhi Tiandi, 308 Songhu Road, Yangpu District, Shanghai, People’s Republic of China
Email: kingdomclash@aaagame.com
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE FULLY BOUND BY THIS AGREEMENT.
