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END USER LICENSE AGREEMENT
This End User License Agreement (this “EULA”) is a legally binding agreement between you and [Seasun Inc.] and our Affiliates (as defined below) (“Sesaun”, “we”, “our” or “us”). By paying, downloading, installing, using or otherwise accessing our services, you agree to the terms and conditions of this EULA. If you do not agree to any term of this EULA, please do not install, use or otherwise access our services. Your right to use our services is subject to your compliance with all of the terms and conditions set forth herein.
“Affiliate(s)” with respect to a legal entity (such as a corporation, partnership, or limited liability company) shall mean any other legal entity that controls, is controlled by or, is under common control with such legal entity. For the purposes of this definition, the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities or by contract.
This EULA was written in English. We may provide translates in other languages in different territory we provide the Services for your convenience, however, if there is any inconsistency or discrepancies between the English and other language, the English version shall prevail.
This EULA applies specifically to:
Your downloading, installing and/or using our games (including but not limited to PC games, web games, HTML5 games, mobile games, television/tablet games and any other form of games), including but not limited to any connected software, networks or services and any Updates (as defined below) we may make available to you (together, the “Software”);
−Your access to services that are made available by us in relation to the Software (the “Services”);
Any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the “Content”, and together with the Software, Services, the “Licensed Items”).
You must only use the Licensed Items:
− you are a “natural person” (corporations, limited liability companies, partnerships and other legal or business entities may not use the Licensed Items), and you are not an individual specifically prohibited by us from using the Licensed Items;
− if you agree to this EULA;
− if you can lawfully enter into this EULA with us in accordance with applicable laws and regulations; and
− if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.
You must comply with this EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.
If you are under the age of 13 (or such other minimum age as is applicable in Your country/territory of residence), you must not use any Licensed Items. If you are under 18 (or the age of majority where You live), your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including but not limited to any payments, fees and charges relating to the Licensed Items, and you shall be responsible for monitoring and controlling the minors’ access to our Services if our Services are not suitable for minors pursuant to the applicable game rating systems.
YOUR PRIVACY
Sesaun highly respects Your privacy. Our Privacy Policy (as amended from time to time) (the “Privacy Policy”), which is a part of this EULA, sets out how we collect, store and use your personal information which you provide while you use Your Account, the Licensed Items and our Software and Services.
CHANGES TO THE LICENSED ITEMS, THIS EULA AND THE PRIVACY POLICY
We expressly reserve the right to change this EULA from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these EULA from time to time and to familiarize yourself with any modifications.
In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (regardless of whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.
By continuing to use our Software and Services after we make any changes to this EULA Privacy Policy or the Licensed Item, with or without notice from us, you are agreeing to be bound by the revised EULA and Privacy Policy.
LICENSE TO USE THE LICENSED ITEMS
The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide as set out in the “Our Intellectual Property Rights” section below.
Software License
Subject to the terms of this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable (except as provided below) and revocable license, under which you may:
−use the Software in object code format only on your own devices for your own personal and non-commercial use in accordance with any instructions, user guides, FAQs or other requirements specified by us from time to time (the “Instructions”) and this EULA; and
−use the Services, subject to the section of “Services License” below.
Services License
Where Services are made available as part of your use of Software under this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Services in accordance with the Instructions and this EULA.
You may be able to create certain content within the Services, such as gameplay videos or additional game characters. Such content is subject to the “Your Content” section below.
Content License
Under the terms of this EULA we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the means provided in the Software or the relevant Service for your use.
This Agreement should not be construed as a sale of any rights in the Software, and Licensor and its respective developers and licensors retain all right, title, and interest to the Software, including without limitation, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.
YOUR CONTENT
When you submit, upload, transmit or display any data, information (other than your personal information, which we will collect, use and store pursuant to terms of the Privacy Policy), media or other content in connection with your use of our Services (“Your Content”), you understand and agree that:
(1)you will continue to own and be responsible for Your Content, including but not limited to its legality, reliability, and appropriateness;
(2)you are giving us and our Affiliates the right to use Your Content (with no fees or charges payable by us to you) including but not limited to the right to create derivative works of, to publicly display, to reproduce, and to publicly perform Your Content, for the purposes of providing, promoting, developing and trying to improve our Services, including but not limited to our relevant Services that you submitted Your Content in and any other services that we may provide now or in the future;
when using Your Content for these purposes, we and our Affiliates may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including but not limited to those that are developed in the future, provided that they are incorporated into our Services which you use;
(4)we may share Your Content with third parties that we work with to help provide, promote, develop and improve our Services, but we will not sell Your Content to such third parties (other than our Affiliates) for their use for their own purposes (i.e. for any purposes that are not related to our Services); and
(5)you will comply with the Instructions and this EULA, in your submission of Your Content.
In addition, you agree that we and our Affiliates (subject to this EULA, our Privacy Policy and applicable laws and regulations):
−are allowed to retain and continue to use Your Content after you stop using our Services - for example, where you have shared Your Content with other users of our Services;
−may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our Affiliates may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
−may need to disclose Your Content (including but not limited to any information relating to Your Account) in order to enforce this EULA, protect our rights, property or safety, or the rights, property or safety of our Affiliates or other users of our Services.
You understand that even if you seek to delete Your Content from our Services, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via our Services.
We reserve the right to block or remove Your Content for any reason, including but not limited to as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in this EULA; and (ii) Your Content (and our use of Your Content in accordance with this EULA) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations. You may not post, link and otherwise make available on or through our Software and Services any of the following:
−Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
−Content that is illegal or unlawful, that would otherwise create liability;
−Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you;
−Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
−Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Service or other users:
−Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services;
−Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
−Collect any personal data about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
−Create an account or post any content if you are not over 13 years of age years of age; and
−Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
MONITORING AND PROHIBITED ACTIVITIES
We have no obligation to monitor Your Content and we are not responsible for monitoring the Services for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including but not limited to chat text and voice communications) when you are using the Services within the permission of applicable laws and regulations.
You agree not to engage in any of the following prohibited activities on or in relation to our Services, or allow any person to use Your Account to do the same:
(1)impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including but not limited to by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using our Services;
(2)name squat via Your Account name in a way that infringes any third party’s intellectual property rights or other rights;
(3)send any unsolicited, unauthorized spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;
(4)use our Services for any commercial purpose or for the benefit of any third party, except as expressly permitted by this EULA or otherwise authorized by us from time to time, including but not limited to any of the following activities:
−use our Services for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity;
−making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
−making postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
−making postings (whether written by you or anyone else) in exchange for money or other benefits or compensations from any third party;
−posting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not; or
−making any other postings not in good faith;
(5)submit, upload, transmit or display, through our Services, any content (whether displayed publicly or not, and whether displayed directly or indirect to any other users) which in fact or in our reasonable opinion:
−breaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by this EULA);
−creates a risk of loss or damage to any person or property;
−is fraudulent, false, misleading or deceptive;
−harms or exploits any person (whether adult or minor) in any way, including but not limited to via bullying, harassment or threats of violence;
−is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
−promotes or encourages self-harming;
−infringes our rights or any third party’s rights, including but not limited to any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
−is pornographic, sexually explicit, violent or otherwise of an indecent or offensive nature; or
−encourages or is likely to encourage any of the above;
(6)violate any applicable laws or regulations, including but not limited to credit card fraud or bank account fraud;
(7)engage in any illegal or potentially illegal (as determined by us) activities or transactions, including but not limited to sale of any illicit drugs or money laundering;
(8)gamble, provide gambling information or entice others to engage in gambling through any method;
(9)use or exploit any of our intellectual property rights (including but not limited to our trademarks, brand name, game character design, music, image, video, storyline, logo, domain names, distinctive brand features, and any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including but not limited to attempting to reverse engineer any applications or software used to access our Services);
(10)access any of our Services, collect or process any content made available through our Services, send or redirect any communications through our Services, in each case, through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing, including but not limited to using any automated means to artificially promote any content;
(11)engage in any “framing”, “mirroring,” or other techniques directed at simulating the appearance or function of our Services;
(12)interfere with, or attempt to interfere with, any user’s or any other party’s access to our Services;
(13)intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
(14)share or publish any other person’s personally identifiable information using our Services without their express consent;
(15)probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our Services, our systems or the systems of other users;
(16)create multiple accounts for disruptive or abusive purposes;
(17)make any comments on political, religious, ethnic or other sensitive issues；or
(18)engage in any other activity that encourages any person or entity to breach this EULA.
RESTRICTIONS ON YOUR USE OF THE LICENSED ITEMS
You may not, nor may you assist or permit any other person to:
(1)use the Licensed Items in any manner or for any purpose which breaches the terms of this EULA or contravenes any applicable laws and regulations;
(2)use the Licensed Items to gain unauthorized access to any system, account or data;
(3)sub-license, rent, lease or sell the Licensed Items;
(4)directly or indirectly charge others for use or access to the Licensed Items;
(5)directly or indirectly suggest our support or endorsement of any product, service or content (including but not limited to any personal web site);
(6)transmit unauthorized communications through use of the Licensed Items, including but not limited to junk mail or spam;
(7)make the Licensed Items publicly available or available on any network for copying, download or use by any person or persons;
(8)remove, obscure or modify any copyright, trademark or other proprietary rights notice, marks or indications found in or on the Licensed Items;
(9)misrepresent the source or ownership of the Licensed Items;
(10)copy, reproduce, adapt, modify, translate or create derivate works from the Licensed Items, lend, hire, rent, perform, sub-license, make available to the public, broadcast, distribute, transmit or otherwise use any Licensed Item in whole or in part in any manner not expressly permitted by this EULA, or attempt to do any of the foregoing;
(11)attempt to disrupt or interfere with the Licensed Items including but not limited to manipulating the legitimate operation of the Licensed Items;
(12)use cheats, exploits, automation software or any unauthorized third party software designed to modify or interfere with the Licensed Items;
(13)disrupt or overburden any computer or server used to offer or support the Licensed Items, or other users’ use of the Licensed Items; or
(14)develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the Licensed Items, except where we expressly permit you to do so via our Software (and where this is the case, your use of such Software may be subject to additional terms and conditions as notified by us to you).
Please note that there may be technological measures in the Licensed Items that are designed to prevent unlicensed or unauthorized use of the Licensed Items or use of the Licensed Items in breach of terms or this EULA. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.
The Software or the technological measures mentioned above may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with unlicensed or unauthorized use of the Licensed Items or use of the Licensed Items in breach of terms or this EULA, subject to our Privacy Policy. In the event that any unlicensed or unauthorized use, breach is identified, we reserve the right to take further actions as shown in BREACH AND INDEMNIFICATION section, which may include suspending or terminating your Account and prohibiting you from using the Service in whole or in part.
INSTALLATION AND USE
You must ensure that your device meets the requirements for installing and using the Licensed Items set out in the Instructions, including but not limited to any requirements as to operating system and compatibility.
During installation, the Licensed Items may uninstall or disable other software running on your device. Depending on the Licensed Item, you may be required to activate the Licensed Item or certain functionality in it in the manner described in the applicable Instructions. If you do not comply with the installation instructions, you may not be able to use the Licensed Item or certain functionality may not be available to you. Your use of the Licensed Item may require an internet connection in order to authenticate the Licensed Item or perform other functions. For the functionality and/or performance expected of the Licensed Item to be achieved, you may be required to obtain and maintain an adequate internet connection.
You understand that if you change devices or data is erased or wiped from your device, Your Content, game progress data, may only be accessible through the retrieval methods we make available to Your Account from time to time.
UPDATES AND CHANGES TO SOFTWARE AND SERVICES
We may, in our solely discretion, distribute corrections, updates, upgrades and new versions of the Software and/or the Services (each an “Update”). You agree to receive and permit us to deliver Updates to your device, and you acknowledge that, if you do not accept and install the Update, the Software and/or the Services may no longer operate with the full functionality or performance described in the Instructions or operate at all.
We reserve the right, in our solely discretion, to change or limit the functionality and performance of the Software and/or the Services, including but not limited to withdrawing support or access to the Software and/or the Services, and to prevent the use of any Software and/or Services in relation to which all available Updates have not been installed.
Such updates may occur automatically or manually. Please note that the Software and/or the Services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our Software or Services, or that such updates will continue to support your device or system.
WARRANTY AND DISCLAIMER
We warrant to you that we will provide our Services using reasonable care and skill.
APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
LIABILITY FOR OUR SERVICES
For residents in the United States - Limitation of Liability
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
For residents outside the United States（except residents in EU and UK） – Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATES FOR ALL CLAIMS IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE LOWER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE OR SOFTWARE AND (II) USD$100.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THIS EULA; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in this EULA limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
−any liability for death or personal injury;
−any liability for gross negligence or willful misconduct; or
−any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS EULA, NOTHING IN THIS EULA LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING BUT NOT LIMITED TO ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE TO INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING BUT NOT LIMITED TO LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THIS EULA.
IF YOU ARE A RESIDENT OF AN EU MEMBER STATE OR UNITED KINGDOM, NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT ABOVE, Sesaun IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A REASONABLY FORESEEABLE RESULT OF SEASUN'S BREACH OF THIS EULA OR ITS NEGLIGENCE, BUT IT IS NOT RESPONSIBLE FOR LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
TECHNICAL SUPPORT
We may in our solely discretion provide technical support for the Licensed Items (whether for free or for a fee). We provide technical support without any guaranty or warranty of any kind and subject always to the “Warranty and Disclaimer” and “Liability for our Services” sections above.
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to the Licensed Items and our other Services and Software Software (including but not limited to any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in this EULA, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks, brand name, game character design, music, image, video, storyline, logo, domain names, distinctive brand features, and any other of our proprietary information or the layout or design of any page without our prior written consent. Any comments or suggestions you may provide through our Services or the platforms of our Services (i.e. user forum) regarding our Services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
THIRD PARTY SOFTWARE, CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our Software or Services, including but not limited to any Your Content or other content provided by other users of our Software or Services or by our advertisers. You acknowledge and agree that by using our Software or Services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our Software or Services by you is at your own risk. Your use of our Software or Services does not give you any rights in or to any content you may access or obtain in connection with your use of our Software or Services.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our Software or Services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our Software or Services, you must comply with any terms and conditions applicable to those services.
We may review (but make no commitment to review) content or third party services made available through our Software or Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our Software or Services.
There may be, from time to time, third party content and services made available to you through our Software or Services that are subject to further terms, including but not limited to terms from the relevant third party that originally produced such content and services. In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third party content and services.
In addition, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any content, software, plug-ins, tools or data supplied by third parties for use in connection with the Licensed Items. Any reliance on or use of such content, software, tools, plug-ins or data is at your own risk. You must comply with any additional terms and conditions applicable to any third party content, software, tools, plug-ins and data.
OPEN SOURCE SOFTWARE
Some Licensed Items may contain software that is subject to “open source” Licenses (the “Open Source Software”). Where we use such Open Source Software, please note that there may be provisions in the Open Source Software’s License that expressly override this EULA, in which case such provisions shall prevail to the extent of any conflict with this EULA.
USE OF YOUR DEVICE BY OUR SOFTWARE AND SERVICES
In order for us to provide the Software and Services to you, we may require access to and/or use of your relevant device (such as mobile phone, tablet or desktop computer) that you use to access that Software and/or Service – for example, we may need to use your device’s processor and storage to complete the relevant Software installation, or we may need to access your contact list to provide certain interactive functions within our apps. You agree to give us such access to and use of your device.
We will provide further information regarding how a particular item of Software or particular Service uses and accesses your device within that relevant Software or Service or in another manner (e.g. via the relevant app store as part of the relevant service’s installation process). You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant Software or Service to you.
EXPORT REGULATIONS
You acknowledge and agree that the Licensed Items may from time to time be subject to the import and export laws of certain countries where Licensed Items are imported or re-exported. You agree to comply with all relevant laws relating to the import, export and re-export of the Licensed Items and, in particular, will not export any Licensed Items to any prohibited country, entity, or person for which an export License or other governmental approval is required unless and until the License or other governmental approval has been obtained. In addition, according to applicable laws, you warrant that you are not the entity or person with whom Sesaun is prohibited from conducting business.
BREACH AND INDEMNIFICATION
In case we reasonably find that you have breached this EULA, we may take such actions as we deem appropriate, including but not limited to: (i) removing Your Content that are involved; (ii) restoring your game data to the status before your breach; (iii)suspending or terminating your right to use our Services; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this EULA, including but not limited to any breach of this EULA. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including but not limited to the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
MODIFICATIONS AND INTERRUPTIONS
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this EULA will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
TERM, SUSPENSION AND TERMINATION
The License granted to you under this EULA will commence on the earlier of the date that you: (i) accept the terms and conditions of the EULA; or (ii) download, copy, install, access or use any Licensed Items. The License will expire with respect to each Licensed Item on the date upon which you dispose of the Licensed Item or the termination date, if terminated by us, as set out below.
We may suspend your access to or use of any Licensed Item or terminate this EULA if:
(1)we reasonably believe that you have breached any term or condition of this EULA;
(2)your use of the Licensed Items creates risk for us or for other users, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
(3)you fail to use the Licensed Items for a prolonged period;
you attempt to circumvent the technical protection measures for the Licensed Items;
(5)where we cease to support that Licensed Item; or
(6)for any other reason, such as (a) there is a regulatory or statutory change limiting our ability to provide such part of the Licensed Items or the Services, and (b) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the Licensed Items or the Services.
Suspension or termination of your License to the relevant Licensed Item or this EULA will not limit any of our rights or remedies at law or in equity.
Upon expiry or termination of this EULA (in whole or in respect of any particular Licensed Item), you will immediately permanently delete all copies of the Licensed Item to which the expiry or termination relates and you will immediately cease accessing and using any Software and Services relating to that Licensed Item.
Please note that Licensed Items may be automatically deleted from your device, or otherwise made unavailable to you, once the time period for which the Licensed Item is available to you has expired.
RETENTION AND BACK-UP OF YOUR DATA
We do not guarantee that we will be able to return any data, information, media or other content submitted, uploaded, transmitted or displayed by you using the Licensed Items back to you following suspension or termination of this EULA or after you cease using the Licensed Items. We may permanently delete such data, information, media or other content without notice to you at any time after termination. Please ensure that you regularly back up data, information, media and other content.
For the personal information we collect from you, we will delete or anonymize the information once you cease using our Software, logging out Your Account or requesting us to delete your personal information in accordance with applicable privacy and data protection laws.
YOUR STATUTORY RIGHTS
Nothing in this EULA is intended to replace or supersede your rights under any mandatory applicable laws and regulations, and such mandatory rights of yours will apply to the extent they are inconsistent with any terms in this EULA.
GENERAL
This EULA (including the Privacy Policy and the Instructions) is the entire agreement between you and us in relation to our Services. You agree that you will have no claim against us for any statement which is not explicitly set out in this EULA. The invalidity of any provision of this EULA (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of this EULA as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of this EULA. No delay in enforcing any provision of this EULA will be construed to be a waiver of any rights under that provision. Any rights and obligations under this EULA which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of this EULA.
No person other than you and us will (subject to any applicable laws and regulations) have any right to enforce this EULA against any person, and you may not delegate, assign or transfer this EULA or any rights or obligations under this EULA, without our prior consent. We may freely assign, transfer or sub-contract this EULA or our rights and obligations under this EULA, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or Affiliates have any liability under this EULA.
Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Sesaun or our licensors used in association with the Services are trademarks or registered trademarks of Sesaun or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), this EULA and any dispute or claim arising out of or in connection with this EULA will be governed by the law of the Hong Kong Special Administrative Region. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this EULA, including but not limited to their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in Chinese.
If you are resident of an EU Member State, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this EULA in the courts of the member state in which you are resident.In addition, you have the right to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.
Contacting Us
If you have any questions about these Terms, please contact us at [hanruixi@kingsoft.com].
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PRIVACY POLICY
Last updated on [17 September 2021]
This privacy policy (this “Privacy Policy”) explains how Seasun Inc. and our Affiliates (“Sesaun”, “we”, “our” or “us”) collect, use and disclose your personal data. This Privacy Policy applies to [Swarm the City: Zombie Evolved] (“Game”) and related services (collectively, our “Services”).
By downloading, accessing, using and/or interacting with our Services, you fully understand about our collection, use and disclosure of your personal data as described in this Privacy Policy. This Privacy Policy is incorporated by reference into the Sesaun End User License Agreement available at the “EULA”part and is subject to the provisions of the EULA. Capitalized terms used but not defined in this Privacy Policy shall have the meaning ascribed to such terms in our EULA.
This Privacy Policy will help you to understand:
1. Who We Are
2. What Personal Data We Collect and How We Use
3. Cookies and Similar Technologies
4. Direct Marketing
5. How We Entrust A Third-Party to Process, Share, Transfer and Disclose Your Personal Data
6. How We Store Your Personal Information
7. How Long We Keep Your Personal Data
8. Children
9. Your Rights
10. Changes
11. Contact Us
1. Who We Are
Registration Information:
Company name: Seasun Inc.
Registered office: 350 Marine Parkway Ste300 Redwood City，CA 94065
Contact & Complaints
In the event that you wish to make a complaint about how we process your personal information, please contact us immediately.
Email: [hanruixi@kingsoft.com]
2. What Personal Data We Collect and How We Use
We only collect and process your personal data in the minimum scope necessary for realizing the following purposes based on appropriate legal basis.
2.1 In order to improve the gameplay and optimize the game experience , we will collect your Steam UID, game level, score, virtual items of the game and the redeem code you used.
The processing activity for this purpose is necessary for the performance of the contract between you and us.
2.2 In order to inform you of our promotional activities, we will collect your e-mail address.
The processing activity for this purpose is based on your consent. You can choose whether or not to subscribe our promotions and you have the right to withdraw your consent at any time.
2.3 In order to improve our Services and correct bugs or errors that occur when you are playing the game, we will collect relevant information including but not limited to your behavioral data in the Game, ip address, e-mail address, time zone, stack trace, device ID, game log, hardware configuration.
The processing activity for this purpose is based on our legitimate interests and will not override your legal rights and interests.
3. Cookies and Similar Technologies
We use cookies and other similar technologies (e.g. web beacons, log files, scripts and eTags) (“Cookies”) to enhance your experience using the Services. Cookies are small files which, when placed on your device, enable us to provide certain features and functionalities.
We use cookies and similar technologies as below:
Type of cookie: Performance/ Analytics/Tracking Cookies
What it does: We use Google Analytics to statistically analyse how our website is performing in order to provide you with a better user experience and continually improve our service.
Cookies:
4. Direct Marketing
By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about the Game or other products or services developed or provided by us; however, we will not give your email address to another party to promote their products or services directly to you without your consent.
If you prefer not to receive marketing emails from us, please follow the “unsubscribe” information included in any marketing email from the Service or send a request to the email address set forth in the section “Contact & Complaints” below. We may from time to time send you announcements when we consider it necessary to do so (such as when we temporarily suspend Game access for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.
5. How We Entrust a Third-Party to Process, Share, Transfer and Disclose Your Personal Data
We may share your personal data with the following categories of third parties in order to provide our Services to you.
5.1 Our affiliates
Sesaun is a global company and has affiliates all over the world. In order to provide our Services, we will share your personal data with our affiliates who process your personal information in order to operate the Game Services based on the respective legal basis and data processing agreements signed between us. All related group companies may only use your personal information in accordance with this privacy policy.
5.2 Business partners and service providers
（1） Data storage partners
We store some of your personal data using third-party data storage services, such as Google Cloud Platform (BigQuery) and Tencent Cloud.
（2） Data Analytics and research
We may provide access to some of your data, such as your Game statistics, data analytics and research partners for the optimization of our services. For more information, please visit the privacy policies of the partners found here:
Steam: https://store.steampowered.com/privacy_agreement/
（3） Game developers
The Game developers can process certain data required for the Game’s and other Services’ further improvement.
5.3 Law enforcement / legal obligation
（1） Anti-cheat and anti-fraud companies
we may share the information required for our detection, investigation and prevention of cheating in the Game and EULA violations only for the purposes of detection, investigation and prevention of cheating in the Game.
（2） Public authorities and auditors
Some personal data shall be disclosed to public authorities, e.g., tax and customs authorities, auditors, and other competent parties in accordance with the applicable laws.
5.4 Sale or merger
A third party that acquires all or substantially all of us or our business. We will disclose information to a third party in the event that we sell or buy any business or undergo a merger, in which case we will disclose your data to the prospective buyer of such business. We will also disclose information to a third party if we sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, personal data may be among the transferred assets. You will be notified via email, in-app/in-game notice and/or notice on our website of any change in ownership or users of your personal data.
6. How We Store Your Personal Information
In order to normally operate and maintain this product, we will store and process your personal data in our servers which located in various countries. No matter where our servers are located, we take appropriate measures to safeguard your rights in accordance with this privacy policy. You hereby acknowledge that you are fully aware your personal data will be accessible from and will be processed on our servers located in various countries (depending upon your location and the game server you select). Our servers are located in:
（1） Germany;
（2） Hong Kong
We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. We have information security and access policies that limit access to our systems and technology, and we protect data through the use of technological protection measures such as encryption.
7. How Long We Keep Your Personal Data
7.1 How we determine
We determine the retention period of your personal data taking consideration of the following elements:
period of the contractual relationship with you;
sensitivity of the personal data;
time elapsed since your last interaction with us;
security reasons;
applicable statutes of limitation;
ongoing or potential litigation or dispute;
regulatory or legal obligation to retain the personal data.
7.2 How long we keep your personal data
We will retain most of your personal data as long as needed to provide services or products to you, or as required or permitted by applicable laws.
When destroying personal data, measures will be taken to make the personal data irrecoverable or irreproducible, and electronic files which contain personal data will be deleted permanently using a technical method which makes the files irreproducible.
In the event that the processing and retention period have terminated, but personal data is required to be retained continuously for other reasons including but not limited to for the purposes as prescribed under applicable laws, the relevant personal data will be stored and maintained separately from other types of personal data. If you require us to destroy your personal data before the end of its life cycle (as set out in the retention policy above), we will destroy your personal data in accordance with local laws.
8. The Security of Your Personal Data
We are committed to maintaining the privacy and integrity of your personal data no matter where it is stored. Our group companies have information security and access policies that limit access to our systems and technology. We also protect data through the use of technological protection measures such as encryption. Your personal data will remain subject to our technical and organizational controls and our policies and procedures (including but not limited to this Privacy Policy).
Unfortunately, the transmission of information via the internet is not completely secure. Although we will use commercially reasonable efforts to protect your personal data, we cannot guarantee the security of the information transmitted to our services; any transmission of your information is at your own risk.
In the case of a personal data breach, we will notify the personal data breach to the supervisory authority competent, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of you.
When the personal data breach is likely to result in a high risk to the rights and freedoms of you, we will communicate the personal data breach to you without undue delay.
9. Children
You hereby represent that you are an “adult” (as defined in the applicable in your jurisdiction) and have the requisite power and authority to access and/or use our Services. If you are not an adult, you must obtain the consent of your parent or legal guardian to use the Services. Usually our Services are not intended for children under the age of 13 and we do not knowingly collect any personal data from such children. Children under the age of 13 should not use or attempt to use our Services, and if you are under 13, please do not attempt to use our Services. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor ), you must obtain the consent of your parent or legal guardian to use the Services.
In the event that we learn that we have inadvertently gathered personal data from a child under the age of 13, we will take reasonable measures to delete such information from our records. Parents who believe that we might have gathered any information from or about a child under the age of 13 may submit a request to the email address set forth in the section “Contact & Complaints” below.
10. Your Rights
10.1 The right to be informed
You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights. This is why we are providing you with the information in this Policy.
10.2 The right of access
You have the right to obtain access to your personal data. This is so you are aware and can check that we are using your personal data in accordance with applicable data protection laws.
Please contact us and submit a request to the email address set forth in the section “Contact Us” below.
10.3 The right to rectification
You are entitled to have your personal data rectified if they are inaccurate or incomplete. If you believe we hold any other personal data about you and that information is inaccurate, for information that you can change in your game settings, you can change it. And for information that you can't change, please contact us and complete the request form.
10.4 The right to erasure
This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your personal data where there is no compelling reason for us to keep using it. This is not an absolute right to erasure and exceptions apply.
You may request that we erase the personal data we hold about you in the following circumstances:
you believe that it is no longer necessary for us to hold such personal data; or
you believe the personal data we hold about you is being unlawfully processed by us.
We may need to retain personal data if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal data that has been made available publicly on the Services and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal data or providing links to the personal data to erase it too.
You can also exercise your right to restrict our processing of your personal data (as described below) whilst we consider your request.
10.5 The right to restrict processing
You have a right to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal data, we may use it again if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or for another’s protection). As above, where we agree to stop processing the personal data, we will try to tell any third party to whom we have disclosed the relevant personal data so that they can stop processing it too.
You may request we stop processing the personal data we hold about you where:
ž you believe the personal data is not accurate for the period it takes for us to verify whether it is accurate;
ž you wish to erase the personal data as the processing we are doing is unlawful but you want us to retain the personal data but just store it instead; or
ž you wish to erase the personal data as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defense of legal claims.
10.6 The right to data portability
You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your personal data easily between our IT systems and theirs safely and securely, without affecting its usability.
If you wish for us to transfer such personal information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with personal information if providing it would interfere with another’s rights (e.g., where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).
10.7 The right to object to processing
You have the right to object to certain types of processing, including processing for direct marketing (which we perform only with your consent).
10.8 The right to lodge a complaint
You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection authority.
10.9 The right to withdraw consent
If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your personal data for marketing purposes.
11. Changes
If we make any material changes to this policy, we will post the updated policy here and notify our users. Please check this page frequently to see any updates or changes to this policy.
12. Contact Us
If you need to contact us for any reason (including to exercise any of your rights in relation to your personal data as set out above) please send us your request at:[hanruixi@kingsoft.com]
In the event that you wish to make a complaint about how we process your personal data, please send us your request at: [hanruixi@kingsoft.com]
SUPPLEMENTAL JURISDICTION-SPECIFIC TERMS
Some jurisdictions’s laws contain additional terms for users of the Game Services, which are set out in this section.
If you are a user located in one of the jurisdictions below, the terms set out below under the name of your jurisdiction apply to you.
California
This section applies to California residents covered by the California Consumer Privacy Act of 2018 (“CCPA”).
Collection and Disclosure of Personal Information
Over the past 12 months, we have collected and disclosed the following categories of personal information from or about you or your device set forth in the section “The Types of Personal Information We Use” and the section “Cookies”.
We collect your personal information for the following purposes:
We will collect your personal information for the purpose set forth in the section “How We Use Your Personal Information”
We disclose personal information to the following types of entities:
We will disclose personal information to entities set forth in the section “How We Store and Share Your Personal Information”.
In the past 12 months, we have not sold Personal Information of California residents within the meaning of “sold” in the CCPA.
Indonesia
Consent
By accepting and consenting to this privacy policy, you agree that we may collect, use and share your personal information in accordance with this privacy policy, as revised from time to time. If you do not agree to this privacy policy, you must not access or use our services and we have the right to not provide you with access to our services.
Parental and Guardian Consent
If you are under the age of 21, you undertake that you have the consent of your parent or legal guardian to register an account on and use the Game Services.
Data Subject Rights
You have the right to access your personal information stored in our Game from time to time in accordance with applicable data privacy laws and regulations in Indonesia.
Data Breach
In the event we fail to maintain the confidentiality of your personal information in the Game, we will notify you through the contact information provided by you or via the Game, to the extent required by local laws and regulations, at the latest 14 days since we acknowledge the breach of confidentiality.
Data Retention
Notwithstanding the provision on the erasure of personal information, to the extent required by local laws and regulations, we will retain your personal information, at the latest for five years.
Notification to Amendment of this Privacy Policy
In the event we amend this policy, we will ask you to acknowledge the changes . If you fail to explicitly express your objection to the amended policy within the above notification period, you will be considered as accepting the changes and agreed to the new policy. However, you may stop using or accessing our Service by unsubscribing at any time, if you cease to agree with the changed policy.
Data Accuracy and Third Party Consent
You are responsible for making sure that any personal details which you provide to us are accurate and current. In order to confirm the accuracy of the information, we may also verify the information provided to us, at any time. You hereby represent that you have secured all necessary consent(s) before providing us with any other person’s personal information (for example, for referral promotions), in which case we will always assume that you have already obtained prior consent, and as such, you will be responsible for any claims whatsoever from any party arising as a result of the absence of such consent(s).
Malaysia
Parental and Guardian Consent
In the event you are agreeing to this privacy policy in order for a minor to access and use the Game Services, you hereby consent to the provision of personal information of the minor to be processed in accordance with this privacy policy and you personally accept and agree to be bound by the terms in this privacy policy. Further, you hereby agree to take responsibility for the actions of such minor, and that minor’s compliance with this privacy policy.
Rights of Data Subjects
Right of access: You have the right to request access to and obtain a copy of your personal information that we have collected and is being processed by or on behalf of us. We reserve the right to impose a fee for providing access to your personal information in the amounts as permitted under law.
When handling a data access request, we are permitted to request for certain information to verify the identity of the requester to ensure that he/she is the person legally entitled to make the data access request.
Right of correction: You may request for the correction of your personal information. When handling a data correction request, we are permitted to request for certain information to verify the identity of the requester to ensure that he/she is the person legally entitled to make the data correction request.
Right to limit processing of your personal information: You may request to limit the processing of your personal information by using the contact details provided above. However this may affect our provision of the Game Services to you.
Singapore
By clicking “accept”, you consent to the cross-border transfer of your information to any country where we have databases or affiliates and, in particular, the People’s Republic of China (for the purpose of this Privacy Policy, this term excludes Taiwan, Hong Kong SAR and Macau SAR).
Thailand
By clicking “accept” or by proceeding with the sign up process, you acknowledge that you have read, understood, and agree to this privacy policy. If you do not agree with this privacy policy, you must not use the Game Services.
You may withdraw your consent to the processing of your personal information. You may request us to provide access to, make any correction to, discontinue, restrict the use or provision of, erase any and all of your personal information and/or provide you such information which is stored by us in a machine readable format as well as file a complaint to a relevant authority, to the extent provided by the Act on the applicable data privacy laws and regulations in Thailand, When you wish to make such requests, please contact us.
We will ask you to acknowledge any material changes to this privacy policy， and give you an opportunity to reject such changes, failing which the changes will become effective as stated in the notice.
This End User License Agreement (this “EULA”) is a legally binding agreement between you and [Seasun Inc.] and our Affiliates (as defined below) (“Sesaun”, “we”, “our” or “us”). By paying, downloading, installing, using or otherwise accessing our services, you agree to the terms and conditions of this EULA. If you do not agree to any term of this EULA, please do not install, use or otherwise access our services. Your right to use our services is subject to your compliance with all of the terms and conditions set forth herein.
“Affiliate(s)” with respect to a legal entity (such as a corporation, partnership, or limited liability company) shall mean any other legal entity that controls, is controlled by or, is under common control with such legal entity. For the purposes of this definition, the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities or by contract.
This EULA was written in English. We may provide translates in other languages in different territory we provide the Services for your convenience, however, if there is any inconsistency or discrepancies between the English and other language, the English version shall prevail.
This EULA applies specifically to:
Your downloading, installing and/or using our games (including but not limited to PC games, web games, HTML5 games, mobile games, television/tablet games and any other form of games), including but not limited to any connected software, networks or services and any Updates (as defined below) we may make available to you (together, the “Software”);
−Your access to services that are made available by us in relation to the Software (the “Services”);
Any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the “Content”, and together with the Software, Services, the “Licensed Items”).
You must only use the Licensed Items:
− you are a “natural person” (corporations, limited liability companies, partnerships and other legal or business entities may not use the Licensed Items), and you are not an individual specifically prohibited by us from using the Licensed Items;
− if you agree to this EULA;
− if you can lawfully enter into this EULA with us in accordance with applicable laws and regulations; and
− if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.
You must comply with this EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.
If you are under the age of 13 (or such other minimum age as is applicable in Your country/territory of residence), you must not use any Licensed Items. If you are under 18 (or the age of majority where You live), your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including but not limited to any payments, fees and charges relating to the Licensed Items, and you shall be responsible for monitoring and controlling the minors’ access to our Services if our Services are not suitable for minors pursuant to the applicable game rating systems.
YOUR PRIVACY
Sesaun highly respects Your privacy. Our Privacy Policy (as amended from time to time) (the “Privacy Policy”), which is a part of this EULA, sets out how we collect, store and use your personal information which you provide while you use Your Account, the Licensed Items and our Software and Services.
CHANGES TO THE LICENSED ITEMS, THIS EULA AND THE PRIVACY POLICY
We expressly reserve the right to change this EULA from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these EULA from time to time and to familiarize yourself with any modifications.
In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (regardless of whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.
By continuing to use our Software and Services after we make any changes to this EULA Privacy Policy or the Licensed Item, with or without notice from us, you are agreeing to be bound by the revised EULA and Privacy Policy.
LICENSE TO USE THE LICENSED ITEMS
The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide as set out in the “Our Intellectual Property Rights” section below.
Software License
Subject to the terms of this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable (except as provided below) and revocable license, under which you may:
−use the Software in object code format only on your own devices for your own personal and non-commercial use in accordance with any instructions, user guides, FAQs or other requirements specified by us from time to time (the “Instructions”) and this EULA; and
−use the Services, subject to the section of “Services License” below.
Services License
Where Services are made available as part of your use of Software under this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Services in accordance with the Instructions and this EULA.
You may be able to create certain content within the Services, such as gameplay videos or additional game characters. Such content is subject to the “Your Content” section below.
Content License
Under the terms of this EULA we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the means provided in the Software or the relevant Service for your use.
This Agreement should not be construed as a sale of any rights in the Software, and Licensor and its respective developers and licensors retain all right, title, and interest to the Software, including without limitation, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.
YOUR CONTENT
When you submit, upload, transmit or display any data, information (other than your personal information, which we will collect, use and store pursuant to terms of the Privacy Policy), media or other content in connection with your use of our Services (“Your Content”), you understand and agree that:
(1)you will continue to own and be responsible for Your Content, including but not limited to its legality, reliability, and appropriateness;
(2)you are giving us and our Affiliates the right to use Your Content (with no fees or charges payable by us to you) including but not limited to the right to create derivative works of, to publicly display, to reproduce, and to publicly perform Your Content, for the purposes of providing, promoting, developing and trying to improve our Services, including but not limited to our relevant Services that you submitted Your Content in and any other services that we may provide now or in the future;
when using Your Content for these purposes, we and our Affiliates may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including but not limited to those that are developed in the future, provided that they are incorporated into our Services which you use;
(4)we may share Your Content with third parties that we work with to help provide, promote, develop and improve our Services, but we will not sell Your Content to such third parties (other than our Affiliates) for their use for their own purposes (i.e. for any purposes that are not related to our Services); and
(5)you will comply with the Instructions and this EULA, in your submission of Your Content.
In addition, you agree that we and our Affiliates (subject to this EULA, our Privacy Policy and applicable laws and regulations):
−are allowed to retain and continue to use Your Content after you stop using our Services - for example, where you have shared Your Content with other users of our Services;
−may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our Affiliates may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
−may need to disclose Your Content (including but not limited to any information relating to Your Account) in order to enforce this EULA, protect our rights, property or safety, or the rights, property or safety of our Affiliates or other users of our Services.
You understand that even if you seek to delete Your Content from our Services, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via our Services.
We reserve the right to block or remove Your Content for any reason, including but not limited to as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in this EULA; and (ii) Your Content (and our use of Your Content in accordance with this EULA) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations. You may not post, link and otherwise make available on or through our Software and Services any of the following:
−Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
−Content that is illegal or unlawful, that would otherwise create liability;
−Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you;
−Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
−Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Service or other users:
−Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services;
−Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
−Collect any personal data about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
−Create an account or post any content if you are not over 13 years of age years of age; and
−Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
MONITORING AND PROHIBITED ACTIVITIES
We have no obligation to monitor Your Content and we are not responsible for monitoring the Services for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including but not limited to chat text and voice communications) when you are using the Services within the permission of applicable laws and regulations.
You agree not to engage in any of the following prohibited activities on or in relation to our Services, or allow any person to use Your Account to do the same:
(1)impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including but not limited to by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using our Services;
(2)name squat via Your Account name in a way that infringes any third party’s intellectual property rights or other rights;
(3)send any unsolicited, unauthorized spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;
(4)use our Services for any commercial purpose or for the benefit of any third party, except as expressly permitted by this EULA or otherwise authorized by us from time to time, including but not limited to any of the following activities:
−use our Services for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity;
−making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
−making postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
−making postings (whether written by you or anyone else) in exchange for money or other benefits or compensations from any third party;
−posting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not; or
−making any other postings not in good faith;
(5)submit, upload, transmit or display, through our Services, any content (whether displayed publicly or not, and whether displayed directly or indirect to any other users) which in fact or in our reasonable opinion:
−breaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by this EULA);
−creates a risk of loss or damage to any person or property;
−is fraudulent, false, misleading or deceptive;
−harms or exploits any person (whether adult or minor) in any way, including but not limited to via bullying, harassment or threats of violence;
−is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
−promotes or encourages self-harming;
−infringes our rights or any third party’s rights, including but not limited to any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
−is pornographic, sexually explicit, violent or otherwise of an indecent or offensive nature; or
−encourages or is likely to encourage any of the above;
(6)violate any applicable laws or regulations, including but not limited to credit card fraud or bank account fraud;
(7)engage in any illegal or potentially illegal (as determined by us) activities or transactions, including but not limited to sale of any illicit drugs or money laundering;
(8)gamble, provide gambling information or entice others to engage in gambling through any method;
(9)use or exploit any of our intellectual property rights (including but not limited to our trademarks, brand name, game character design, music, image, video, storyline, logo, domain names, distinctive brand features, and any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including but not limited to attempting to reverse engineer any applications or software used to access our Services);
(10)access any of our Services, collect or process any content made available through our Services, send or redirect any communications through our Services, in each case, through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing, including but not limited to using any automated means to artificially promote any content;
(11)engage in any “framing”, “mirroring,” or other techniques directed at simulating the appearance or function of our Services;
(12)interfere with, or attempt to interfere with, any user’s or any other party’s access to our Services;
(13)intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
(14)share or publish any other person’s personally identifiable information using our Services without their express consent;
(15)probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our Services, our systems or the systems of other users;
(16)create multiple accounts for disruptive or abusive purposes;
(17)make any comments on political, religious, ethnic or other sensitive issues；or
(18)engage in any other activity that encourages any person or entity to breach this EULA.
RESTRICTIONS ON YOUR USE OF THE LICENSED ITEMS
You may not, nor may you assist or permit any other person to:
(1)use the Licensed Items in any manner or for any purpose which breaches the terms of this EULA or contravenes any applicable laws and regulations;
(2)use the Licensed Items to gain unauthorized access to any system, account or data;
(3)sub-license, rent, lease or sell the Licensed Items;
(4)directly or indirectly charge others for use or access to the Licensed Items;
(5)directly or indirectly suggest our support or endorsement of any product, service or content (including but not limited to any personal web site);
(6)transmit unauthorized communications through use of the Licensed Items, including but not limited to junk mail or spam;
(7)make the Licensed Items publicly available or available on any network for copying, download or use by any person or persons;
(8)remove, obscure or modify any copyright, trademark or other proprietary rights notice, marks or indications found in or on the Licensed Items;
(9)misrepresent the source or ownership of the Licensed Items;
(10)copy, reproduce, adapt, modify, translate or create derivate works from the Licensed Items, lend, hire, rent, perform, sub-license, make available to the public, broadcast, distribute, transmit or otherwise use any Licensed Item in whole or in part in any manner not expressly permitted by this EULA, or attempt to do any of the foregoing;
(11)attempt to disrupt or interfere with the Licensed Items including but not limited to manipulating the legitimate operation of the Licensed Items;
(12)use cheats, exploits, automation software or any unauthorized third party software designed to modify or interfere with the Licensed Items;
(13)disrupt or overburden any computer or server used to offer or support the Licensed Items, or other users’ use of the Licensed Items; or
(14)develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the Licensed Items, except where we expressly permit you to do so via our Software (and where this is the case, your use of such Software may be subject to additional terms and conditions as notified by us to you).
Please note that there may be technological measures in the Licensed Items that are designed to prevent unlicensed or unauthorized use of the Licensed Items or use of the Licensed Items in breach of terms or this EULA. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.
The Software or the technological measures mentioned above may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with unlicensed or unauthorized use of the Licensed Items or use of the Licensed Items in breach of terms or this EULA, subject to our Privacy Policy. In the event that any unlicensed or unauthorized use, breach is identified, we reserve the right to take further actions as shown in BREACH AND INDEMNIFICATION section, which may include suspending or terminating your Account and prohibiting you from using the Service in whole or in part.
INSTALLATION AND USE
You must ensure that your device meets the requirements for installing and using the Licensed Items set out in the Instructions, including but not limited to any requirements as to operating system and compatibility.
During installation, the Licensed Items may uninstall or disable other software running on your device. Depending on the Licensed Item, you may be required to activate the Licensed Item or certain functionality in it in the manner described in the applicable Instructions. If you do not comply with the installation instructions, you may not be able to use the Licensed Item or certain functionality may not be available to you. Your use of the Licensed Item may require an internet connection in order to authenticate the Licensed Item or perform other functions. For the functionality and/or performance expected of the Licensed Item to be achieved, you may be required to obtain and maintain an adequate internet connection.
You understand that if you change devices or data is erased or wiped from your device, Your Content, game progress data, may only be accessible through the retrieval methods we make available to Your Account from time to time.
UPDATES AND CHANGES TO SOFTWARE AND SERVICES
We may, in our solely discretion, distribute corrections, updates, upgrades and new versions of the Software and/or the Services (each an “Update”). You agree to receive and permit us to deliver Updates to your device, and you acknowledge that, if you do not accept and install the Update, the Software and/or the Services may no longer operate with the full functionality or performance described in the Instructions or operate at all.
We reserve the right, in our solely discretion, to change or limit the functionality and performance of the Software and/or the Services, including but not limited to withdrawing support or access to the Software and/or the Services, and to prevent the use of any Software and/or Services in relation to which all available Updates have not been installed.
Such updates may occur automatically or manually. Please note that the Software and/or the Services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our Software or Services, or that such updates will continue to support your device or system.
WARRANTY AND DISCLAIMER
We warrant to you that we will provide our Services using reasonable care and skill.
APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
LIABILITY FOR OUR SERVICES
For residents in the United States - Limitation of Liability
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
For residents outside the United States（except residents in EU and UK） – Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATES FOR ALL CLAIMS IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE LOWER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE OR SOFTWARE AND (II) USD$100.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THIS EULA; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in this EULA limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
−any liability for death or personal injury;
−any liability for gross negligence or willful misconduct; or
−any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS EULA, NOTHING IN THIS EULA LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING BUT NOT LIMITED TO ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE TO INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING BUT NOT LIMITED TO LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THIS EULA.
IF YOU ARE A RESIDENT OF AN EU MEMBER STATE OR UNITED KINGDOM, NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT ABOVE, Sesaun IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A REASONABLY FORESEEABLE RESULT OF SEASUN'S BREACH OF THIS EULA OR ITS NEGLIGENCE, BUT IT IS NOT RESPONSIBLE FOR LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
TECHNICAL SUPPORT
We may in our solely discretion provide technical support for the Licensed Items (whether for free or for a fee). We provide technical support without any guaranty or warranty of any kind and subject always to the “Warranty and Disclaimer” and “Liability for our Services” sections above.
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to the Licensed Items and our other Services and Software Software (including but not limited to any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in this EULA, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks, brand name, game character design, music, image, video, storyline, logo, domain names, distinctive brand features, and any other of our proprietary information or the layout or design of any page without our prior written consent. Any comments or suggestions you may provide through our Services or the platforms of our Services (i.e. user forum) regarding our Services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
THIRD PARTY SOFTWARE, CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our Software or Services, including but not limited to any Your Content or other content provided by other users of our Software or Services or by our advertisers. You acknowledge and agree that by using our Software or Services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our Software or Services by you is at your own risk. Your use of our Software or Services does not give you any rights in or to any content you may access or obtain in connection with your use of our Software or Services.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our Software or Services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our Software or Services, you must comply with any terms and conditions applicable to those services.
We may review (but make no commitment to review) content or third party services made available through our Software or Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our Software or Services.
There may be, from time to time, third party content and services made available to you through our Software or Services that are subject to further terms, including but not limited to terms from the relevant third party that originally produced such content and services. In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third party content and services.
In addition, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any content, software, plug-ins, tools or data supplied by third parties for use in connection with the Licensed Items. Any reliance on or use of such content, software, tools, plug-ins or data is at your own risk. You must comply with any additional terms and conditions applicable to any third party content, software, tools, plug-ins and data.
OPEN SOURCE SOFTWARE
Some Licensed Items may contain software that is subject to “open source” Licenses (the “Open Source Software”). Where we use such Open Source Software, please note that there may be provisions in the Open Source Software’s License that expressly override this EULA, in which case such provisions shall prevail to the extent of any conflict with this EULA.
USE OF YOUR DEVICE BY OUR SOFTWARE AND SERVICES
In order for us to provide the Software and Services to you, we may require access to and/or use of your relevant device (such as mobile phone, tablet or desktop computer) that you use to access that Software and/or Service – for example, we may need to use your device’s processor and storage to complete the relevant Software installation, or we may need to access your contact list to provide certain interactive functions within our apps. You agree to give us such access to and use of your device.
We will provide further information regarding how a particular item of Software or particular Service uses and accesses your device within that relevant Software or Service or in another manner (e.g. via the relevant app store as part of the relevant service’s installation process). You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant Software or Service to you.
EXPORT REGULATIONS
You acknowledge and agree that the Licensed Items may from time to time be subject to the import and export laws of certain countries where Licensed Items are imported or re-exported. You agree to comply with all relevant laws relating to the import, export and re-export of the Licensed Items and, in particular, will not export any Licensed Items to any prohibited country, entity, or person for which an export License or other governmental approval is required unless and until the License or other governmental approval has been obtained. In addition, according to applicable laws, you warrant that you are not the entity or person with whom Sesaun is prohibited from conducting business.
BREACH AND INDEMNIFICATION
In case we reasonably find that you have breached this EULA, we may take such actions as we deem appropriate, including but not limited to: (i) removing Your Content that are involved; (ii) restoring your game data to the status before your breach; (iii)suspending or terminating your right to use our Services; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this EULA, including but not limited to any breach of this EULA. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including but not limited to the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
MODIFICATIONS AND INTERRUPTIONS
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this EULA will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
TERM, SUSPENSION AND TERMINATION
The License granted to you under this EULA will commence on the earlier of the date that you: (i) accept the terms and conditions of the EULA; or (ii) download, copy, install, access or use any Licensed Items. The License will expire with respect to each Licensed Item on the date upon which you dispose of the Licensed Item or the termination date, if terminated by us, as set out below.
We may suspend your access to or use of any Licensed Item or terminate this EULA if:
(1)we reasonably believe that you have breached any term or condition of this EULA;
(2)your use of the Licensed Items creates risk for us or for other users, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
(3)you fail to use the Licensed Items for a prolonged period;
you attempt to circumvent the technical protection measures for the Licensed Items;
(5)where we cease to support that Licensed Item; or
(6)for any other reason, such as (a) there is a regulatory or statutory change limiting our ability to provide such part of the Licensed Items or the Services, and (b) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the Licensed Items or the Services.
Suspension or termination of your License to the relevant Licensed Item or this EULA will not limit any of our rights or remedies at law or in equity.
Upon expiry or termination of this EULA (in whole or in respect of any particular Licensed Item), you will immediately permanently delete all copies of the Licensed Item to which the expiry or termination relates and you will immediately cease accessing and using any Software and Services relating to that Licensed Item.
Please note that Licensed Items may be automatically deleted from your device, or otherwise made unavailable to you, once the time period for which the Licensed Item is available to you has expired.
RETENTION AND BACK-UP OF YOUR DATA
We do not guarantee that we will be able to return any data, information, media or other content submitted, uploaded, transmitted or displayed by you using the Licensed Items back to you following suspension or termination of this EULA or after you cease using the Licensed Items. We may permanently delete such data, information, media or other content without notice to you at any time after termination. Please ensure that you regularly back up data, information, media and other content.
For the personal information we collect from you, we will delete or anonymize the information once you cease using our Software, logging out Your Account or requesting us to delete your personal information in accordance with applicable privacy and data protection laws.
YOUR STATUTORY RIGHTS
Nothing in this EULA is intended to replace or supersede your rights under any mandatory applicable laws and regulations, and such mandatory rights of yours will apply to the extent they are inconsistent with any terms in this EULA.
GENERAL
This EULA (including the Privacy Policy and the Instructions) is the entire agreement between you and us in relation to our Services. You agree that you will have no claim against us for any statement which is not explicitly set out in this EULA. The invalidity of any provision of this EULA (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of this EULA as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of this EULA. No delay in enforcing any provision of this EULA will be construed to be a waiver of any rights under that provision. Any rights and obligations under this EULA which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of this EULA.
No person other than you and us will (subject to any applicable laws and regulations) have any right to enforce this EULA against any person, and you may not delegate, assign or transfer this EULA or any rights or obligations under this EULA, without our prior consent. We may freely assign, transfer or sub-contract this EULA or our rights and obligations under this EULA, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or Affiliates have any liability under this EULA.
Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Sesaun or our licensors used in association with the Services are trademarks or registered trademarks of Sesaun or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), this EULA and any dispute or claim arising out of or in connection with this EULA will be governed by the law of the Hong Kong Special Administrative Region. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this EULA, including but not limited to their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in Chinese.
If you are resident of an EU Member State, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this EULA in the courts of the member state in which you are resident.In addition, you have the right to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.
Contacting Us
If you have any questions about these Terms, please contact us at [hanruixi@kingsoft.com].
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PRIVACY POLICY
Last updated on [17 September 2021]
This privacy policy (this “Privacy Policy”) explains how Seasun Inc. and our Affiliates (“Sesaun”, “we”, “our” or “us”) collect, use and disclose your personal data. This Privacy Policy applies to [Swarm the City: Zombie Evolved] (“Game”) and related services (collectively, our “Services”).
By downloading, accessing, using and/or interacting with our Services, you fully understand about our collection, use and disclosure of your personal data as described in this Privacy Policy. This Privacy Policy is incorporated by reference into the Sesaun End User License Agreement available at the “EULA”part and is subject to the provisions of the EULA. Capitalized terms used but not defined in this Privacy Policy shall have the meaning ascribed to such terms in our EULA.
This Privacy Policy will help you to understand:
1. Who We Are
2. What Personal Data We Collect and How We Use
3. Cookies and Similar Technologies
4. Direct Marketing
5. How We Entrust A Third-Party to Process, Share, Transfer and Disclose Your Personal Data
6. How We Store Your Personal Information
7. How Long We Keep Your Personal Data
8. Children
9. Your Rights
10. Changes
11. Contact Us
1. Who We Are
Registration Information:
Company name: Seasun Inc.
Registered office: 350 Marine Parkway Ste300 Redwood City，CA 94065
Contact & Complaints
In the event that you wish to make a complaint about how we process your personal information, please contact us immediately.
Email: [hanruixi@kingsoft.com]
2. What Personal Data We Collect and How We Use
We only collect and process your personal data in the minimum scope necessary for realizing the following purposes based on appropriate legal basis.
2.1 In order to improve the gameplay and optimize the game experience , we will collect your Steam UID, game level, score, virtual items of the game and the redeem code you used.
The processing activity for this purpose is necessary for the performance of the contract between you and us.
2.2 In order to inform you of our promotional activities, we will collect your e-mail address.
The processing activity for this purpose is based on your consent. You can choose whether or not to subscribe our promotions and you have the right to withdraw your consent at any time.
2.3 In order to improve our Services and correct bugs or errors that occur when you are playing the game, we will collect relevant information including but not limited to your behavioral data in the Game, ip address, e-mail address, time zone, stack trace, device ID, game log, hardware configuration.
The processing activity for this purpose is based on our legitimate interests and will not override your legal rights and interests.
3. Cookies and Similar Technologies
We use cookies and other similar technologies (e.g. web beacons, log files, scripts and eTags) (“Cookies”) to enhance your experience using the Services. Cookies are small files which, when placed on your device, enable us to provide certain features and functionalities.
We use cookies and similar technologies as below:
Type of cookie: Performance/ Analytics/Tracking Cookies
What it does: We use Google Analytics to statistically analyse how our website is performing in order to provide you with a better user experience and continually improve our service.
Cookies:
- _ga;
- _gid
- _ga_
- _gac_gb_
- _wsi1
- _wsi2
- _wsi3
- _wsi4
4. Direct Marketing
By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about the Game or other products or services developed or provided by us; however, we will not give your email address to another party to promote their products or services directly to you without your consent.
If you prefer not to receive marketing emails from us, please follow the “unsubscribe” information included in any marketing email from the Service or send a request to the email address set forth in the section “Contact & Complaints” below. We may from time to time send you announcements when we consider it necessary to do so (such as when we temporarily suspend Game access for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.
5. How We Entrust a Third-Party to Process, Share, Transfer and Disclose Your Personal Data
We may share your personal data with the following categories of third parties in order to provide our Services to you.
5.1 Our affiliates
Sesaun is a global company and has affiliates all over the world. In order to provide our Services, we will share your personal data with our affiliates who process your personal information in order to operate the Game Services based on the respective legal basis and data processing agreements signed between us. All related group companies may only use your personal information in accordance with this privacy policy.
5.2 Business partners and service providers
（1） Data storage partners
We store some of your personal data using third-party data storage services, such as Google Cloud Platform (BigQuery) and Tencent Cloud.
（2） Data Analytics and research
We may provide access to some of your data, such as your Game statistics, data analytics and research partners for the optimization of our services. For more information, please visit the privacy policies of the partners found here:
Steam: https://store.steampowered.com/privacy_agreement/
（3） Game developers
The Game developers can process certain data required for the Game’s and other Services’ further improvement.
5.3 Law enforcement / legal obligation
（1） Anti-cheat and anti-fraud companies
we may share the information required for our detection, investigation and prevention of cheating in the Game and EULA violations only for the purposes of detection, investigation and prevention of cheating in the Game.
（2） Public authorities and auditors
Some personal data shall be disclosed to public authorities, e.g., tax and customs authorities, auditors, and other competent parties in accordance with the applicable laws.
5.4 Sale or merger
A third party that acquires all or substantially all of us or our business. We will disclose information to a third party in the event that we sell or buy any business or undergo a merger, in which case we will disclose your data to the prospective buyer of such business. We will also disclose information to a third party if we sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, personal data may be among the transferred assets. You will be notified via email, in-app/in-game notice and/or notice on our website of any change in ownership or users of your personal data.
6. How We Store Your Personal Information
In order to normally operate and maintain this product, we will store and process your personal data in our servers which located in various countries. No matter where our servers are located, we take appropriate measures to safeguard your rights in accordance with this privacy policy. You hereby acknowledge that you are fully aware your personal data will be accessible from and will be processed on our servers located in various countries (depending upon your location and the game server you select). Our servers are located in:
（1） Germany;
（2） Hong Kong
We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. We have information security and access policies that limit access to our systems and technology, and we protect data through the use of technological protection measures such as encryption.
7. How Long We Keep Your Personal Data
7.1 How we determine
We determine the retention period of your personal data taking consideration of the following elements:
period of the contractual relationship with you;
sensitivity of the personal data;
time elapsed since your last interaction with us;
security reasons;
applicable statutes of limitation;
ongoing or potential litigation or dispute;
regulatory or legal obligation to retain the personal data.
7.2 How long we keep your personal data
We will retain most of your personal data as long as needed to provide services or products to you, or as required or permitted by applicable laws.
When destroying personal data, measures will be taken to make the personal data irrecoverable or irreproducible, and electronic files which contain personal data will be deleted permanently using a technical method which makes the files irreproducible.
In the event that the processing and retention period have terminated, but personal data is required to be retained continuously for other reasons including but not limited to for the purposes as prescribed under applicable laws, the relevant personal data will be stored and maintained separately from other types of personal data. If you require us to destroy your personal data before the end of its life cycle (as set out in the retention policy above), we will destroy your personal data in accordance with local laws.
8. The Security of Your Personal Data
We are committed to maintaining the privacy and integrity of your personal data no matter where it is stored. Our group companies have information security and access policies that limit access to our systems and technology. We also protect data through the use of technological protection measures such as encryption. Your personal data will remain subject to our technical and organizational controls and our policies and procedures (including but not limited to this Privacy Policy).
Unfortunately, the transmission of information via the internet is not completely secure. Although we will use commercially reasonable efforts to protect your personal data, we cannot guarantee the security of the information transmitted to our services; any transmission of your information is at your own risk.
In the case of a personal data breach, we will notify the personal data breach to the supervisory authority competent, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of you.
When the personal data breach is likely to result in a high risk to the rights and freedoms of you, we will communicate the personal data breach to you without undue delay.
9. Children
You hereby represent that you are an “adult” (as defined in the applicable in your jurisdiction) and have the requisite power and authority to access and/or use our Services. If you are not an adult, you must obtain the consent of your parent or legal guardian to use the Services. Usually our Services are not intended for children under the age of 13 and we do not knowingly collect any personal data from such children. Children under the age of 13 should not use or attempt to use our Services, and if you are under 13, please do not attempt to use our Services. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor ), you must obtain the consent of your parent or legal guardian to use the Services.
In the event that we learn that we have inadvertently gathered personal data from a child under the age of 13, we will take reasonable measures to delete such information from our records. Parents who believe that we might have gathered any information from or about a child under the age of 13 may submit a request to the email address set forth in the section “Contact & Complaints” below.
10. Your Rights
10.1 The right to be informed
You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights. This is why we are providing you with the information in this Policy.
10.2 The right of access
You have the right to obtain access to your personal data. This is so you are aware and can check that we are using your personal data in accordance with applicable data protection laws.
Please contact us and submit a request to the email address set forth in the section “Contact Us” below.
10.3 The right to rectification
You are entitled to have your personal data rectified if they are inaccurate or incomplete. If you believe we hold any other personal data about you and that information is inaccurate, for information that you can change in your game settings, you can change it. And for information that you can't change, please contact us and complete the request form.
10.4 The right to erasure
This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your personal data where there is no compelling reason for us to keep using it. This is not an absolute right to erasure and exceptions apply.
You may request that we erase the personal data we hold about you in the following circumstances:
you believe that it is no longer necessary for us to hold such personal data; or
you believe the personal data we hold about you is being unlawfully processed by us.
We may need to retain personal data if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal data that has been made available publicly on the Services and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal data or providing links to the personal data to erase it too.
You can also exercise your right to restrict our processing of your personal data (as described below) whilst we consider your request.
10.5 The right to restrict processing
You have a right to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal data, we may use it again if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or for another’s protection). As above, where we agree to stop processing the personal data, we will try to tell any third party to whom we have disclosed the relevant personal data so that they can stop processing it too.
You may request we stop processing the personal data we hold about you where:
ž you believe the personal data is not accurate for the period it takes for us to verify whether it is accurate;
ž you wish to erase the personal data as the processing we are doing is unlawful but you want us to retain the personal data but just store it instead; or
ž you wish to erase the personal data as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defense of legal claims.
10.6 The right to data portability
You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your personal data easily between our IT systems and theirs safely and securely, without affecting its usability.
If you wish for us to transfer such personal information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with personal information if providing it would interfere with another’s rights (e.g., where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).
10.7 The right to object to processing
You have the right to object to certain types of processing, including processing for direct marketing (which we perform only with your consent).
10.8 The right to lodge a complaint
You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection authority.
10.9 The right to withdraw consent
If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your personal data for marketing purposes.
11. Changes
If we make any material changes to this policy, we will post the updated policy here and notify our users. Please check this page frequently to see any updates or changes to this policy.
12. Contact Us
If you need to contact us for any reason (including to exercise any of your rights in relation to your personal data as set out above) please send us your request at:[hanruixi@kingsoft.com]
In the event that you wish to make a complaint about how we process your personal data, please send us your request at: [hanruixi@kingsoft.com]
SUPPLEMENTAL JURISDICTION-SPECIFIC TERMS
Some jurisdictions’s laws contain additional terms for users of the Game Services, which are set out in this section.
If you are a user located in one of the jurisdictions below, the terms set out below under the name of your jurisdiction apply to you.
California
This section applies to California residents covered by the California Consumer Privacy Act of 2018 (“CCPA”).
Collection and Disclosure of Personal Information
Over the past 12 months, we have collected and disclosed the following categories of personal information from or about you or your device set forth in the section “The Types of Personal Information We Use” and the section “Cookies”.
We collect your personal information for the following purposes:
We will collect your personal information for the purpose set forth in the section “How We Use Your Personal Information”
We disclose personal information to the following types of entities:
We will disclose personal information to entities set forth in the section “How We Store and Share Your Personal Information”.
In the past 12 months, we have not sold Personal Information of California residents within the meaning of “sold” in the CCPA.
Indonesia
Consent
By accepting and consenting to this privacy policy, you agree that we may collect, use and share your personal information in accordance with this privacy policy, as revised from time to time. If you do not agree to this privacy policy, you must not access or use our services and we have the right to not provide you with access to our services.
Parental and Guardian Consent
If you are under the age of 21, you undertake that you have the consent of your parent or legal guardian to register an account on and use the Game Services.
Data Subject Rights
You have the right to access your personal information stored in our Game from time to time in accordance with applicable data privacy laws and regulations in Indonesia.
Data Breach
In the event we fail to maintain the confidentiality of your personal information in the Game, we will notify you through the contact information provided by you or via the Game, to the extent required by local laws and regulations, at the latest 14 days since we acknowledge the breach of confidentiality.
Data Retention
Notwithstanding the provision on the erasure of personal information, to the extent required by local laws and regulations, we will retain your personal information, at the latest for five years.
Notification to Amendment of this Privacy Policy
In the event we amend this policy, we will ask you to acknowledge the changes . If you fail to explicitly express your objection to the amended policy within the above notification period, you will be considered as accepting the changes and agreed to the new policy. However, you may stop using or accessing our Service by unsubscribing at any time, if you cease to agree with the changed policy.
Data Accuracy and Third Party Consent
You are responsible for making sure that any personal details which you provide to us are accurate and current. In order to confirm the accuracy of the information, we may also verify the information provided to us, at any time. You hereby represent that you have secured all necessary consent(s) before providing us with any other person’s personal information (for example, for referral promotions), in which case we will always assume that you have already obtained prior consent, and as such, you will be responsible for any claims whatsoever from any party arising as a result of the absence of such consent(s).
Malaysia
Parental and Guardian Consent
In the event you are agreeing to this privacy policy in order for a minor to access and use the Game Services, you hereby consent to the provision of personal information of the minor to be processed in accordance with this privacy policy and you personally accept and agree to be bound by the terms in this privacy policy. Further, you hereby agree to take responsibility for the actions of such minor, and that minor’s compliance with this privacy policy.
Rights of Data Subjects
Right of access: You have the right to request access to and obtain a copy of your personal information that we have collected and is being processed by or on behalf of us. We reserve the right to impose a fee for providing access to your personal information in the amounts as permitted under law.
When handling a data access request, we are permitted to request for certain information to verify the identity of the requester to ensure that he/she is the person legally entitled to make the data access request.
Right of correction: You may request for the correction of your personal information. When handling a data correction request, we are permitted to request for certain information to verify the identity of the requester to ensure that he/she is the person legally entitled to make the data correction request.
Right to limit processing of your personal information: You may request to limit the processing of your personal information by using the contact details provided above. However this may affect our provision of the Game Services to you.
Singapore
By clicking “accept”, you consent to the cross-border transfer of your information to any country where we have databases or affiliates and, in particular, the People’s Republic of China (for the purpose of this Privacy Policy, this term excludes Taiwan, Hong Kong SAR and Macau SAR).
Thailand
By clicking “accept” or by proceeding with the sign up process, you acknowledge that you have read, understood, and agree to this privacy policy. If you do not agree with this privacy policy, you must not use the Game Services.
You may withdraw your consent to the processing of your personal information. You may request us to provide access to, make any correction to, discontinue, restrict the use or provision of, erase any and all of your personal information and/or provide you such information which is stored by us in a machine readable format as well as file a complaint to a relevant authority, to the extent provided by the Act on the applicable data privacy laws and regulations in Thailand, When you wish to make such requests, please contact us.
We will ask you to acknowledge any material changes to this privacy policy， and give you an opportunity to reject such changes, failing which the changes will become effective as stated in the notice.