Terms of Service ("Terms")
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Please read these Terms of Service ("Terms", "Terms of Service")
carefully before
logging into any
website or using any mobile application (the "Service") operated by
Ark Game Limited
. For purposes of this Terms of Service, “
Ark
” shall mean
Ark Game Limited
, its partners, parent companies, subsidiaries, licensees, licensors
and affiliates (collectively, also referred to herein as “we”, “our” or “us”), If you are under the age
of 18, then you represent that your parents or your legal guardian have reviewed and agreed to these
Terms in this Agreement.
THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE
ARK
(AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR MOBILE-GAME APPLICATIONS
AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN
APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”). YOU AGREE THAT YOU HAVE
READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO
NOT ACCESS OR OTHERWISE USE THE SERVICE.
Ark
reserves the right, in its sole discretion, to amend, change,
modify, expand, or remove portions of the Terms in this Agreement at any time. You will be deemed to
have accepted such changes by continuing to use any Service provided by
Ark
. If the Terms are not acceptable to you, your only recourse is to
discontinue your use of the Service. You agree that
Ark
may change any part of the Service, including its content, at any
time or discontinue the Service or any part thereof, for any reason, without notice to you and without
liability.
To use the Service, you must have a mobile device that is compatible with the
Application.
Ark
does not warrant that the Application will be compatible with your mobile device. If
you decide to use the Service, subject to your agreement and compliance with these Terms,
Ark
hereby grants you a non-exclusive, non-transferable, revocable license to install and
use an object code copy of the Application for one registered account on one mobile device owned or
leased solely by you.
Ark
also grants you a personal, non-exclusive, non-transferable, non-sublicensable,
revocable, limited scope license to access and use those portions of the Service that are not part of
the Application. Use of the Service shall be solely for your own, private, non-commercial
entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is
determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be
granted any license to use the Application or any other part of the Service, and must refrain from using
it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii)
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third
party or use the Application to provide time sharing or similar services for any third party; (iii) make
any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with
security-related features of the Application, features that prevent or restrict use or copying of any
content accessible through the Application, or features that enforce limitations on use of the
Application; or (v) delete the copyright and other proprietary rights notices on the
Application. you acknowledge that
Ark
may from time to time issue upgraded versions of the Application, and may
automatically electronically upgrade the version of the Application that you are using on your mobile
device, but that
Ark
has no obligation to do so. you consent to such automatic upgrading on your
mobile device, and agree that the terms and conditions of these Terms will apply to all such
upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and
Ark
and its third party licensors or suppliers retain all right, title, and interest in
and to the Application (and any copy of the Application). Standard carrier data charges may apply
to your use of the Application.
The Service and all content thereon or therein are protected by copyright, trademark, and
other laws of the United States and foreign countries. Except as expressly provided in these Terms,
Ark
and its licensors exclusively own all right, title and interest in and to Service and
all content thereon or therein, including all associated intellectual property rights. You will not
remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Service.
You agree that you shall not:
Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive
the source code for any underlying software or other intellectual property used to provide the Service
without
Ark
’s explicit, prior written permission;
Use, display, mirror or frame the Service, or any individual element within the
Service;
Use the intellectual property of
Ark
, or any
Ark
licensor, to adapt, modify or create derivative works based on such intellectual
property;
Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in
whole or part; or
Use or reproduce any
Ark
licensor, or third party trademark or logo without the prior express written consent
of the owner of such trademark or logo.
From time to time during your use of the Service, you may have the opportunity to “earn”,
“buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited
to virtual coins, cash or points, all for use in the Service (together with virtual in-game items,
“Virtual Items”). you do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not
refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or
“purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest
themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is
a completed transaction upon redemption of the applicable payment and shall under no circumstances be
refundable, transferable or exchangeable including, without limitation, upon termination of your
Account, termination of these Terms, and/or the discontinuation of the Service.
Ark
prohibits and does not recognize any purported transfers of
Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything
that appears or originates in the Service, unless otherwise expressly authorized by
Ark
in writing.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items
for real money, or exchange Virtual Items for value of any kind outside of a game, without
Ark
’s written permission. Any such transfer or attempted transfer is
prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a)
that
Ark
may change the price of Virtual Items at any time, without notice, for any reason or
for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may
fluctuate, and (c) that
Ark
has no liability to you for any changes in the price of such Virtual Items and/or the
amount of virtual points necessary to obtain Virtual Items.
Ark
reserves the right, without prior notification, to limit the quantity of the Virtual
Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and
agree that
Ark
shall have no liability for loss of Virtual Items due to any unauthorized third party
activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized
third party activity.
Ark
may replace such lost Virtual Items at its sole discretion on a case-by-case basis,
without incurring any further obligation or liability.
Ark
owns, has licensed, or otherwise has rights to use all of the content that appears on
or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no
right or title in or to any content that appears in the Service, including without limitation the
Virtual Items therein, whether “earned” in a game or “purchased” from
Ark
.
Ark
’s
platform provides users with an
inalienability
and non-exclusiveness license to use
the
S
ervice, including:
3.1
Accept, download, install, start, update, register, display and
operate
related
application
s
;
3.2
Create game characters in the game, set the role name; check game
rules, user profile,
game match results, open game room, use chat function,
sharing to social media
function;
3.3
Use one or more other features that the game supports and
allows.
The specific content of our services is provided by us
according to the actual situation. We reserve the right to change, discontinue or terminate some or
all services at any time.
When providing services, we may charge users of some services (such as
online games and other telecommunication value-added services) a certain fee. In this case, we will
make a clear reminder on the relevant page. If you do not agree to pay the fees, you are giving up
the relevant services.
4.1
A
ccount
Registration
: To register an account, you may need to create a user account with your
necessary personal information. Users shall guarantee that the information provided is authentic,
completed, and correct, and prepare to assume the relevant legal responsibility of the information
they provide, required by the law and all the terms provided in this agreement.
The necessary personal information
entered by the users
should correspond
with their documents as the only valid identification of the
user; when the user cannot prove their identity, we have the right to refuse to provide any information
or assume any obligation.
4.2
Code of Conduct
The users cannot
commit
following behaviors when using
Ark
Services:
4.2.1 Delete all the relevant information relating
to
the brand, copyright, and other rights of the application and its
corresponding counterpart.
4.2.2 Attempt to do reverse engineer, disassemble and decompile this
application
.
4
.
2.3 About the relevant information of this application, without
developers’ express written consent, people do not have the right to do the following action, including,
but not limited to, attempting to use, copy, modify, link, transfer, assemble, publish, display, mirror
or frame the website to develop derivative products within this application.
4.2.4 Attempt to use this application to publish,
disseminate and store content that infringes on the national security, social stability, public order,
social morality, or to advocate gamble, abuse, slander, bawdy, or any sexual connotation and offensive
content that’
s
against
local
laws, regulations and policies to make any
uneasiness to the others, or set the net name, role-name containing the above details by any
means.
4.2.5 Attempt to publish, transmit, disseminate, and
store content that infringes on the intellectual property rights of others, such as intellectual
property rights, trade secret rights, portrait rights, and privacy by use of this application and
related services.
4.2.6 Conduct any actions to
jeopardize
computer network security, including, but not
limited to: use of unlicensed data or access to unauthorized servers/accounts; access to public computer
networks or other computer systems to delete, modify or expand stored information without permission;
attempts to probe, scan, test the weaknesses of the application, network or other actions that undermine
network security, without permission; attempt to engage in acts of interfering with or disrupt the
regular operation of the app or website, intentionally spread malicious programs or viruses and other
disruptive interference of the network information service; forging any TCP/IP packet header or any part
of the header information in any way to send altered, deceptive or false source-identifying
information.
4.2.7 Conduct any actions to infringe game-fairness or
other behaviors that affect the routine order of the application, such as gaining game coins in illegal
way, illegally creating accounts, partnership cheating or use other cheating software, BUG ( which means
“defects” or “weakness”) to access benefits illegally, or use the Internet or other means to make
plug-ins, cheating apps and public BUG.
4.2.8 engage in acts of dealing with any unsolicited
or unauthorized game accounts, game currency, or operating any illegal business behavior such as
promoting commodities, advertising, or other forms of solicitation in private.
4.2.9 Engage in ill-intentioned activities, including but not limited to
consecutive applying for refund with the intention of obtaining game resources for free, etc.
4.2.
10
engage in any conduct intended to any behavior
unrelated to the application through the services provided by the developer, including, but not limited
to any other way to promote other apps or games by sending game coins, gifts, etc.; inviting and
inducting other players to give up, stop using this application; or any other actions that will damage
its trademark or regular order in this game.
4.2.1
1
attempt to publish any fraudulent, false,
misleading, or deceptive information by pretending to be the developers, application service
administrators, app form administrators or moderators.
4.2.1
2
engage in any conduct that infringes the public
order in malicious screening, maliciously forcing players to leave the game , or maliciously
time-consuming
activities
.
4.2.1
3
engage in acts or attempts to abuse, harm
harass, and violence towards another person or illegally collect information through our service system
by any means.
4.2.1
4
interfere with the ability of other users to enjoy using the Service,
including but not limited to, disrupting the
Ark
’s game environment, or taking actions that interfere with or increase the
cost to provide the Service for the enjoyment of other users.
4.2.1
5
engage in any act that conflicts with the spirit or intent of the
Service, including but not limited to, manipulating or circumventing game policies, game rules or these
Terms.
4.2.1
6
attempt to use the Service on or through any platform or service
that is not authorized by
Ark
.
4.2.1
7
upload or transmit (or attempt to upload or transmit) files that contain viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or
programs that may damage the operation of the Service or the computers of other users of the
Service.
4.2.1
8
send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk
mail, spam, chain letters or other form of solicitation.
4.2.1
9
create false personas, multiple identities, multiple Accounts, set up an Account on
behalf of someone other than yourself or otherwise attempt to override or avoid rewards limits or
restrictions established by
Ark
.
4.2.
20
obtain or attempt to obtain passwords or other private information from other users
of the Service, including but not limited to, personally identifiable information or financial
information;
4.2.2
1
develop, distribute, use, or publicly inform other members of cheats, automation
software, bots, hacks, mods or any other unauthorized third party software or applications.
4.2.2
2
exploit, distribute or publicly inform other users of the Service of any game error
or bug which gives users an unintended advantage;
4.2.2
3
use Virtual Items in a manner that violates these Terms, including transferring
or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or
services;
4.2.2
4
violate any applicable law or regulation.
4.3
Protection of
U
ser
A
ccount
s
4.3.1
Ark
reserves
the right to review identity information provided by
the user registered is true or not and have responsibility to guarantee the security and effectiveness
of the user account by actively adopting reasonable measures in technology and management. Users are
obliged to keep their accounts and passwords properly and use their accounts and passwords correctly and
securely. If the user fails to perform the above obligations resulting in the loss of the account
password, the account is stolen, etc., and the civil rights of the user and others are damaged, the
legal liability arising therefrom shall be borne.
4.3.2 We ha
ve
the rights and responsibilities for the actions
of the account held after login. If there is any third direction, we give
instructions, in the case of confirming that the
account and password information is accurate,
as
l
ong as the user agrees, we ha
ve
the right to consider that we have obtained the
user’s full authorization, and the consequences are all caused by the users.
4.3.3 If the user finds that the account or password
has been illegally used by others or has abnormal use, please notify us immediately and inform us to
suspend the login and use of the account, but the user should provide
us with
the
name of the
application, and valid identity information the
users submits should keep consistent with their registered identity information. If we verify that the
personal valid identity information provided by the user is consistent with the registered identity
information, we shall take timely measures to suspend the login and use of the user account. Our
platform reserves the rights to refuse the user’s demand mentioned when users cannot provide the
individual valid ID or other certificate that can be proved are not conform to the information when you
register.
4.4 User account services
We have the right to provide game-rules descriptions,
answer to
bug or plug-in complaints,
commit
game item retrievals,
have
game items locked or unlocked,
deal with
customer appeals or other customer services to the
players through on-line game official website, customer service call and game administrators
.
Users should:
4.4.1 Understand the content, requirements and fees of
these customer services through the official website of our customer service or other channels provided
by our platform. Users shall consider carefully whether to choose and accept the corresponding customer
services or not, and
explicitly
express the demand to us:
4.4.2 Agree and accept all the terms related to the
exclusive agreement or clauses of the customer services;
4.5 Our platform reserve rights to stop the right of
using this account if your account was regarded as stolen.
4.6 We will not assume the responsibility for that if
the others illegally use the account or password due to the user's reasons. The user's responsibilities,
including, but are not limited to: arbitrarily disclose the account number and password and all
registration materials to the third party; multiple people share the same account; install illegal or
unclear programs.
4.7 User-Generated Contents
4.7.1 We allow User-Generated Contents in our Service. To ensure that our
Service remains safe and respectful to all users, User-Generated Contents should not include
anything offensive or upsetting, including but not limited to:
(a) Hate or discriminatory speech that incites hatred against individuals or groups
based on race, ethinic origin, disability, age, nationality, sexual orientation, gender, gender
identity, or any other characteristic that is associated with systemic discrimination or
marginalization;
(b) Violence content, such as realistic portrayals of people or animals being killed,
maimed, tortured, or abused, or content that encourages violence or promotes self harm, suicide, or
other acts where serious injury or death may result.
(c) Sexual content and profanity, including pornograpgy,
child sexual exploitation material
, sexually predatory behavior, nudity, sexual harassment, and other sexual content
that would not be acceptable in an appropriate public context.
(d) Bullying, extortion, blackmail, humiliation, deceptive, defamatory content
and harassment towards victims, or their friends and families, of international or religious
conflicts, or a tragic event.
(e) Terrorism, including but not limited to, content that promotes terrorist
acts, celebrates terrorist attacks, glorifies violence against civilians, or attracts and recruits
new members for terrorist organizations.
(f) C
apitaliz
ing
on or insensitive toward a sensitive event with significant social, cultural,
or political impact, such as civil emergencies, natural disasters, public health emergencies,
conflicts, deaths, or other tragic events
.
4.7.2 Inappropriate content will be filtered from being posted. We also
implement in-app functionality to report users and content.
If you seek to create objectionable content listed in 4.7.1, you may be
reported to us by other users. Ark reserves all right to block abusive users from our Service. You
could also contact us through
arkgamelimited@gmail.com
.
5.1 Respect for the privacy of the user’s private information is the principle of this
application and related services. Developers should adopt appropriate measures to protect the user’s
privacy. The user’s private information should not be disclosed to any other party without the
permission of users, except for the legal reasons, or some legal authority of government departments
requested or otherwise consented by the users individually.
5.2 User’s information protection
5.2.1 Developers shall inform the privacy protection policies and personal information
utilization policies to users
before
requesting users to provide relevant information about their secret identities, and they
should take necessary measures to protect the security of users’ data.
5.2.2 Without permission, developers, do not have the right to provide, disclose, or share
users’ name, valid personal identification numbers, contact information, home address or other
private details of users’ account registered. Except in the following conditions:
A. Users or legal guardian of users empower the right for disclosing information by the
developers;
B. Information required by law to be published by developers;
C. Information provided by the judiciary or administrative agency based on legal procedures；
D. When a developer files a lawsuit or arbitration against a user to protect his or her
legitimate rights and interests;
E. When providing personally identifiable information to users by the legal requirements of
the user’s guardian.
6.1 All rights, title and interest in and to the
Services (including,
not limited to
, any subtitles, computer code, themes, objects,
characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of
operation, moral rights, character profile information, virtual items, recordings of games played using
a
Ark
game client and the
Ark
game clients and server software) are owned
solely by
Ark
.
Ark
reserves all rights, including,
not limited to
, all intellectual property rights or other
proprietary rights in connection with its games and the Services.
6.2 No one may copy, decompile, disassemble any
function or program without the authorization of
us
, and may not reverse engineer any service and/or
application.
6.3 You hereby agree and acknowledge that the User
Account Data and all other relevant information, including but not limited to personal information
provided by the User, Game Characters and Virtual Items in the Account, are owned by us. We grant users
the right to use it according to this agreement. We have the right to dispose of the user account data
and all other relevant information. Users should follow the requirements of this agreement and the
specific rules of the game when purchasing and using the aforementioned Virtual Items; At the same time,
such virtual objects may be subject to a certain period of validity. Even if the user doesn’t use it
within the specified validity period, in addition to the force majeure or the reasons attributable to
us, once the validity period expires, it will automatically become invalid.
6.4 We may involve third-party intellectual property
rights, and such third parties shall comply with the requirements of users for the use of such
intellectual property rights in us based on this agreement.
6.5 Given the particularity of the Internet, users
must comply with the laws and regulations
implemented in
relevant countries and regions as well as the
related international intellectual property rights
agreement
when posting on the company's website and
various official forums, posting information or using our services.
7.1 Suspension of Services
:
The user hereby agrees and confirms that
Ark
has the right to suspend some or all of the
Services when one of the following acts occurs, at
Ark
’s sole discretion:
7.1.1 Provide false registration information;
7.1.2 Conduct illegal actions against this Agreement;
We reserve the right to stop offering and/or
supporting the Services, including, but not limited to, any particular game or part of the Services at
any time, at which point your license to use the Services or a part thereof will be automatically
terminated. In such event, we shall inform users the duration of termination, which is reasonable. After
the expiration of the suspension, we shall promptly resume the services to the users. However, when the
suspension period expires, if the user's default status still exists, we reserve the right to extend the
period of suspension of service.
7.1.3 The account data of the user's game characters,
game props, game equipment, and game currency may be abnormal due to game software bugs, version update
defects, third-party virus attacks, or any other factors; We is obliged to figure out the reasons for
suspension when the situation of 7.1.3 happens. In this event, we shall not be required to assume any
responsibilities for the users and have the right to restore the game account to the state before the
abnormality, if we found that the abnormal data are out of normal behavior.
7.1.4 Users conduct any actions that infringe the
rights or benefits of the third-party.
7.2
Ark
Termination of Services
reserves the rights to terminate the Service,
terminate user services, and/or delete user accounts at
any
time.
Such actions may result in the loss of your account,
including but not limited to, your registration information, rankings, game-role information, items, and
all relevant details to this account. Please note that
Ark
will not be held responsible for any benefits
and loss incurred, and
Ark
is under no obligation to compensate you for any
of this.
You acknowledge and agree that
Ark
may update the Service with or without notifying you.
Ark
may require that you accept updates to the Service and you may
also need to update third party software from time to time in order to receive the Service.
Ark
conducts maintenance work on its system from time to time. A
portion, or sometimes all, of the features of the Service will not be available during maintenance
periods. All problems encountered during the use of the Service, including those with regard to your
Account, can be reported to
Ark
when the problem is encountered at
arkgamelimited@gmail.com
.
9.1 The users shall acknowledge and agree that we
reserve the rights to move the users of the same application that exist on different servers to the same
server for consolidation (which refers to as “combination”)
,
according to the requirement of our actual
operation and cost for this application. After this action, user’s account information and data are
still valid, and users shall acknowledge and agree
to
any reasonable changes
le
d by such combination (including but
not limited
any rankings
change
). In such event of termination of this Agreement,
users shall agree that we choose to cease
to
providing part of or all of the services and provide
you with no less than 60 days prior notice, and
also
hold a clear understanding
not to request any compensation whatever loss will be
on yourselves
or
the third-parties relating to the rights
m
entioned, and voluntarily assume any obligation for
any reason.
9.2
U
sers shall fully acknowledge and agree that we
ha
ve
the right to limit the number of wins
or
losses per game, daily game coins, game credits,
or other game items, and remind users through a proper way.
9.3 The user hereby promises to obtain virtual
currency, game props, game equipment, etc. related to online games only through our official channels or
their authorized official channels, and any purchase or acceptance through our unofficial channels or
unauthorized official channels. If the gift or other price is obtained in the above game, the user shall
bear the corresponding risks, and the acts will be regarded as serious breach of contract and violation
of laws and regulations. We not only ha
ve
the right to prohibit the use of game items in
the application, but also have the right to immediately suspend, terminate the service and delete the
account without any liability; and for the serious circumstances involved we also have the right to
hand t
he parties (including the users and any third parties
involved in the transaction)
over to the public security organ
.
9.4 The user hereby acknowledges and agrees that any
act of trading virtual currency and virtual props with other users or any third party outside of the
application or outside the application will be considered a serious breach of contract and illegal
activities. We not only ha
ve
the right to prohibit the item
not to be
used normally in the application, but also
ha
ve
the right to immediately
suspend
,
terminate the
service and
delete
the account without any liability; and for the
serious circumstances involved, we also have the right to hand over the relevant parties(including the
users and any third parties with whom they deal)
to t
he public security organ .
9.5 The user hereby confirms and agrees that the
measures taken by us due to the user’s behaviors in violation of laws, regulations or agreements may not
affect the interaction of the user's game account with other game users in accordance with the relevant
game rules, and the above measures may result in the expiration of the props and equipment under the
account item currently used by user due to the expiration of the period of use of the above-mentioned
measures, and the loss may be borne by the user. That is, the duration of the above measures taken by us
is calculated during the period of use of the game props and game equipment with the expiration date;
after the execution of these measures is terminated, the use period of the game props and game equipment
will not be renewed.
9.6 The user hereby acknowledges and agrees that the
game items sold in the online games and/or their affiliated malls are not marked with a term of use, or
that the games whose use period is "Permanent", "Indefinite" or "Unlimited", the item only refers to the
indefinite period of use during the operation of the online game, and the period of use is from the date
the user obtains the item of the game until the end of the operation of the online game . Once the
agreement is terminated or the online game is terminated due to various reasons, the user will not be
able to continue using the game items.
9.7 The user hereby confirms and agrees that the
relevant game data of the online game will occupy the server space of the online game, and retain
ing
all the game data generated by the user in the
process of using and enjoying the online game product and service for a long time will largely squeeze
the server space, affect the game speed of users and other users, and increase the operating cost of us.
Therefore, we will periodically transfer some of the past game data stored on
to
the server or permanently delete it.
9.8 The user hereby confirms and agrees that the
user's conduct in violation of relevant laws and regulations or this Agreement is imminent and
instantaneous. At present, we usually sets a security program in the server software and/or client
software, and the security program analyzes and judges the received game data transmitted from the
mobile phone used by the user. If the game data is received in accordance with a number of analysis
indicators set in advance in this security program, or if it meets one or more of the indicators set in
the program multiple times, then we may judge that the user has violated relevant laws
, t
he
prescription
of the regulation or this agreement. Of course,
we may also adopt different methods to analyze and judge. However, no matter which methods we adopt to
judge the violation of relevant laws and regulations or this agreement by users, the user's consent is
based on the relevant data and judgment methods and standards provided by us. The user has no objection
to this.
9.9 The user hereby confirms and agrees that the
violation of relevant laws and regulations or this agreement by the user may be an instant moment that
allows many users to know the behavior. If we do not take various measures immediately, it can cause
very serious and very bad consequences. In this regard, the user
has
fully understood and fully agree
d
that we ha
ve
the right to take relevant measures.
9.10 We commit to abide by the state's laws and
policies on protecting the physical and mental health of young people and protect the physical and
mental health of young people in accordance with relevant national laws and regulations. Users should
abide by the relevant national laws and regulations and the rules and regulations on the protection of
adolescents' physical and mental health.
9.11 We reserve the right to take relevant measures
and adopt one or more of the following measures
.This is
consented by uses when the person has violated the
relating laws or regulations:
(1) Immediately disconnect the network connection
between the user's current mobile phone and the online game server, the user must log in again to
continue using the online game;
(2) Temporarily prohibit users from logging in to
online games with the currently used account;
(3) Temporarily prohibit the user from using a certain
online game character created under the currently used account item;
(4) Temporarily limit the activity range of a certain
online game character under the current account to a specific game area;
(5) Temporarily prohibit the user from using a
function that requires payment in the online game until the user pays the owed fee and the corresponding
fee is paid in advance for continuing to use the above payment function;
(6) Reduce or clear the records of points, grades
and/or honors of the account currently used by the user in the online game;
(7) Temporarily prohibit users from making any
comments in online games with the currently used account;
(
8
) Take other measures than the above.
9.12 We have the right to take one or more of the
above measures continuously, intermittently or alternately.
10.1 We do not accept any express or implied warranty for the services
provided by us, and the stability, security, error and uninterrupted service provided by us may also
be affected by the circumstances described in Article 8. The user shall bear all risks and possible
damages happened under above circumstances.
10.2 We do not guarantee that there will be no program bugs and will
not be liable for any problems arising therefrom.
10.3 We do not guarantee our services provided that will satisfy each
user’s requirement. And we also cannot promise that the services will not be interrupted, or that
the service will be timely, safe, correct, or successfully transited.
10.4 Users shall acknowledge and agree that any risks of using our
services will be entirely by themselves; all consequences arising from the use of our services are
also borne by
themselves
, and we assume no responsibility for any reason.
10.5 The User hereby agrees and acknowledges that, to the fullest
extent permitted by applicable law, the services provided by us are provided to the User on an "as
is" and "as available" basis and do not include any types of express or implied warranty ( This
includes, but not limited to, the implied warranties of merchantability, fitness for a particular
purpose, title, non-infringement, and various possibilities arising from trading habits. We do not
guarantee that users can access or use our services according to the time and place they choose. We
do not guarantee that our services will not be interrupted or error-free, we will not guarantee that
the defects will be corrected, and we will not guarantee that our services are free of viruses or
other harmful elements.
10.6 The users hereby confirm and agree that there is an objective
situation of non-interoperability between different operating systems. This objective situation is
not caused by us, which may result in the user's recharge in one operating system and the game data
cannot be smoothly transferred to another operation. In the system, due to the user's risk of
recharge loss and game data loss caused by switching between different systems, the user shall bear
the responsibility and shall not require any responsibility
of
us.
10.7 The User hereby agrees and acknowledges that the use of this
application in connection with Internet services may be affected by instability in all aspects.
Therefore, this application has the risk of service interruption or failure to meet user
requirements caused by force majeure, mobile phone virus or hacker attack, system instability, user
location, user shutdown, and any other technology, internet, communication line reasons.
10.8 The user hereby agrees and acknowledges that this application
may include
any content that is threatening, defamatory, offensive or
illegal, or infringement of the rights of others (including intellectual property rights). The risk
of impersonation information is subject to the above risks, and the developer does not make any type
of guarantee, whether explicit or implied, including all informational authenticity, suitability for
a particular purpose, ownership and non-infringement. Implied warranties and conditions shall not be
liable for any direct, indirect, incidental, special or consequential damages resulting from the
user's improper or unlawful use of the application.
10.9 Users understand that this application, like most Internet
products, is vulnerable to a variety of security issues, including but not limited to:
(1) The user improperly discloses the detailed personal data and is
used by criminals to cause harassment in real life;
(2) The user is tricked to loss password;
(3) Other software downloaded and installed by users contains viruses
such as “Trojan Horse”, which threatens the security of information and data on personal mobile
phones, and then threatens the use of this application and services.
10.10 The opinions, suggestions, and other contents expressed by the
users on the official website of the service are the individual opinions of themselves, which do not
represent our opinions, as a result, users shall assume all consequences raising from
aforesaid legal disputes are not of our responsibility, and there is no obligation for us to
compensate.
Our Service may contain links to third-party web sites or services that are
not owned or controlled by us.We have no control over, and assumes no responsibility for, the
content,privacy policies, or practices of any third party web sites or services. You further
acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such web sites or services.
12.1 The User agrees to protect and safeguard the interests of us and other users. If the
user violates any relevant laws, regulations or any terms of this Agreement, and cause the Company, or
its affiliates, servants, trustees, agents or / and other related performance supporters or any other
third party damages or expenses (including but not limited to litigation costs incurred by legal
proceedings, administrative procedures, attorney fees, actual losses incurred, etc.), the liability for
damages and expenses should be borne by aforesaid user.
12.2 We are not liable for any damages, direct or indirect, derivative damages or lost
profits caused by the use of our services or the inability to use the Internet.
13.
1
The interpretation, validity and resolution of this agreement shall apply to the
laws of
Hong Kong, excluding conflicts of laws.
13.
2
In the event of any dispute or dispute arising from this Agreement, all parties
shall settle it through friendly negotiation or as provided under Section 15 herein.
13.
3
We reserve the right to
interpret this Agreement to the fullest extent permitted by applicable law.
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a
revision is material we will try to provide at least 3 days' notice
prior to any new terms
taking effect. What constitutes a material change will be determined at
our sole discretion.
If you live in the United States or another jurisdiction that allows
you to agree to arbitration,
you and
Ark
agree that all Disputes, as defined below,
between you and
Ark
will be settled by binding arbitration, unless
otherwise provided herein.
This agreement does not apply (1) if you are a resident of any
jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration
agreement as described in section (e) below, or (3) to certain types of Disputes described in section
(e) below. Please read this provision carefully.
a.
Purpose
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and
efficient resolution of any disputes that may arise between you and
Ark
.
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.
For the purpose of these Terms, including this Provision specifically, “
Ark
” means
Ark Game Limited
, its partners, parent companies, subsidiaries, licensees, licensors and affiliates.
“Dispute” means any dispute, claim, or controversy between you and
Ark
regarding any aspect of your relationship with
Ark
, 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.
b.
Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND
ARK
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
Ark
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
Ark
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.
c.
Class Action Waiver
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
Ark
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.
d.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give
Ark
an opportunity to resolve the Dispute. You must commence this process by written
notification to:
Ark Game Limited
6/F Manulife Place, 348 Kwun Tong Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) your address, (3) a written
description of your Claim, and (4) a description of the specific relief you seek. If
Ark
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.
e.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or
Ark
may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute
qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE
ARK
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:
Ark Game Limited
6/F Manulife Place, 348 Kwun Tong Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address,
and (3) a clear statement that you do not wish to resolve disputes with
Ark
through arbitration. Your decision to opt-out of this Provision
will have no adverse effect on your relationship with
Ark
. 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 (i)
and (ii) above.
Additionally, notwithstanding the above,
Ark
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.
For Disputes between the
Ark
and that are not resolved through the Pre-Arbitration Claim
Resolution procedures set forth above, either you or
Ark
may initiate arbitration by submitting the Dispute to the
Hong Kong International Arbitration Center
(“
HKIAC
”) for arbitration. Such arbitration shall be conducted exclusively in
Hong Kong
, at
HKIAC
, in accordance with the
HKIAC
Arbitration Rule
s in effect at the time of applying for arbitration. The appointing
authority shall be
HKIAC
. The language to be used in the arbitral preceding shall be English.
In such arbitration before
HKIAC
, this Agreement shall be construed in accordance with and governed by
the laws of
Hong Kong
, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award
shall be rendered in the English language pursuant to the laws of
Hong Kong
.
No demand for arbitration may be made after the date when the institution of legal
or equitable proceedings based on such claim or dispute would be barred by the applicable statute of
limitation
.
g.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is
found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder
of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be
illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by
a court.
h.
Continuation
This Provision shall survive this Agreement, the termination of your Account (if
applicable), and/or your access to or use of the Service.
The failure of
Ark
to enforce any right or provision of these Terms will not constitute a waiver of
future enforcement of that right or provision. The waiver of any such right or provision will be
effective only if in writing and signed by a duly authorized representative of
Ark
. Except as expressly set forth in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its other remedies under these Terms or
otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms
invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the
other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR
CONTRACTUAL EFFECT.
If you have any questions about these Terms, please contact us
through
arkgamelimited@gmail.com
.