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Flame Dragon User Agreement
Effective Date: 6/9/2023
Thank you for choosing the products and services of Flame Dragon.
PLEASE READ CAREFULLY
This "Flame Dragon User Agreement" (hereinafter referred to as "this Agreement") is a legally binding document executed between you and Flame Dragon pertaining to your use of Flame Dragon's products and services. Before giving your consent to this Agreement or before using Flame Dragon's products and services, it is crucial that you read and understand every provision of this Agreement. Particular attention should be paid to provisions that may substantially impact your rights and interests, especially those clauses highlighted in bold, which address Flame Dragon's responsibilities, the rights to which you're entitled, relevant laws, and dispute resolution. Ensure that you review these pivotal clauses closely.
You acknowledge and agree that by checking the box to accept this Agreement or by using Flame Dragon's products and services, it signifies that you have read, fully understood, agreed to, and accepted all terms within this Agreement, and that you are willing to be bound by them. You further acknowledge that, in the event of a dispute, you will not assert failure to read carefully or lack of awareness of relevant provisions as a basis for defense. If you disagree with any terms within this Agreement, you should discontinue your registration or log-in process for an Flame Dragon user account and cease using any and all products and services immediately.
You must be at least the minimum age required for the collection of personal data as stipulated by the laws of your jurisdiction in order to create a user account (defined below) and to access certain of our services. If you have reached the minimum age for personal data collection in your jurisdiction but are still a minor, this Agreement must be read and accepted on your behalf by your parents or guardians. Parents and guardians are responsible for the actions of their minor children when using our services.
Please carefully review Annex 1 of this Agreement for detailed information regarding "Dispute Resolution and Applicable Law." Important note for U.S. players on arbitration: By agreeing to this Agreement, you consent to resolve (with some exceptions) any disputes between us through binding individual arbitration rather than through litigation. This Agreement also contains limitations on the damages that you may claim in the event of issues arising from your use of the services.
You understand and agree that, in response to changing operational circumstances or policy adjustments, Flame Dragon reserves the right to modify this Agreement from time to time in accordance with the law and the stipulations of this Agreement. If changes to this Agreement substantially affect your rights, Flame Dragon will notify you at least seven (7) days prior to the effective date of the revisions, in the manner specified in clause 17.3 of this Agreement. You should regularly review the latest version of this Agreement on Flame Dragon's website prior to logging in or using our products and services to stay updated on any changes. If you disagree with this Agreement or the modifications made by Flame Dragon, you should voluntarily cease using the products and services provided by Flame Dragon. If, after the modifications by Flame Dragon take effect, you continue to use the products and services provided by Flame Dragon, it indicates your acceptance of all changes made to this Agreement.
1 Definitions
Unless explicitly stipulated elsewhere in this Agreement or unless the context specifically indicates otherwise, the terms appearing in this Agreement shall have the following defined meanings:
1.1 "This Agreement" refers to the "Flame Dragon User Agreement," the "Flame Dragon Privacy Policy," and any other rules related to products and services as issued by Flame Dragon, including any versions that may be revised over time.
1.2 "Products and Services" corresponds to the content defined in clause 4.1 of this Agreement.
1.3 "Test Server" corresponds to the content defined in clause 9.1 of this Agreement.
1.4 "Affiliate" means any entity that is directly or indirectly controlling, controlled by, or under common control with, Flame Dragon. "Control" is defined as, but not limited to, holding or possessing, either directly or indirectly, shares in such an entity representing fifty percent (50%) or more of the prevailing equity, regardless of whether this control manifests through ownership, voting rights, agreements, or other forms.
1.5 "Experience Server" corresponds to the provisions set forth in clause 9.2 of this Agreement.
1.6 "Virtual Items" corresponds to the provisions defined in clause 8.1 of this Agreement.
1.7 "Privacy Policy" means the "Flame Dragon Privacy Policy" as published by Flame Dragon, including any versions that may be revised from time to time.
1.8 "User" means the individual or entity that downloads, installs, registers, logs in, or uses the Products and Services. In this Agreement, "User" is also referred to as "You".
1.9 "User-Generated Content" corresponds to the content defined in clause 5.1 of this Agreement.
1.10 "Flame Dragon" refers to either Flame Dragon Limited . However, for products and services offered in a specific region, the operating entity of Flame Dragon listed in the app store for that region shall prevail. In this Agreement, Flame Dragon is also referred to as "We".
1.11 "Flame Dragon Website" means the official website and platform operated by Flame Dragon.
1.12 "Flame Dragon User Account" means the account you register on the Flame Dragon website when using products and services provided by Flame Dragon, which includes all information within said account. It's also referred to as "User Account".
2 Contracting Party
This Agreement sets forth the rights you possess and the obligations you must fulfill when registering, logging in, downloading, installing, and using the Products and Services. You confirm that, prior to entering into this Agreement and using the products and services, you have the requisite legal capacity to do so.
3 Flame Dragon User Account
3.1 Registration
3.1.1 Depending on the products and services you select, you must complete the registration process to access the products and services. Your user account (where applicable) is distinct from any account you might have with any app store (your “App Store Account”). You can create your user account using an existing account you have with us or by using your email address. If you opt to create a user account using a third-party account (e.g., your Facebook or Google account), we may access certain personal information provided by that third party (such as your email address and name) to facilitate the creation of your user account. For more information on using third-party accounts, please refer to the "Flame Dragon Privacy Policy." Be advised that you can also use the game without creating a user account, but you might not be able to access certain parts of the game. Additionally, if you uninstall or otherwise remove the game, your game data may be erased.
3.1.2 You acknowledge and agree: If you use an email address to create a user account, you can change the email address via the user center within Flame Dragon products and can also modify the password for your user account. Once the email is successfully changed, you can only use the updated email to log into that user account, and the previous email address will no longer be valid for login. If you use a username to establish your user account, once it's set, it cannot be changed, though the password associated with that user account can be altered via the Flame Dragon user center. You may register multiple Flame Dragon user accounts, and Flame Dragon reserves the right to manage, either individually or collectively, various accounts owned by the same user (for the purposes of this User Agreement, if the email address for registration matches that of another account, the two accounts are deemed to have the same user).
3.2 Account Security and Management
3.2.1 Your account is intended solely for your personal, non-commercial use. Unless otherwise expressly stated in this Agreement, any activity conducted under your account shall be deemed to have been conducted by you personally. You shall be responsible for all actions undertaken under your account.
3.2.2 Unless expressly permitted and recorded by Flame Dragon, you must not disclose your account credentials to others. You are prohibited from lending, gifting, selling, transferring, or otherwise making your account available for use by others in any manner or form. Should this provision be breached, you will be solely responsible for any and all losses incurred by yourself, Flame Dragon, or any third party. Moreover, Flame Dragon reserves the right to suspend or terminate any and all products and services to such accounts.
3.2.3 It is your responsibility to securely maintain your account login credentials and to ensure the security of your computer system. Please be advised that Flame Dragon will never request your account password in any manner. If you find that your account or password has been unlawfully accessed or there are unusual activities associated with it, you must promptly notify Flame Dragon following the procedures published by us and take any other necessary remedial actions. Flame Dragon reserves the right to suspend access and usage rights for such accounts. Should the disclosure of your account credentials occur due to reasons attributable to you (e.g., device compromised by malware, victim of fraud), you shall bear all resulting losses, and Flame Dragon shall not be held liable.
3.3.4 Based on your requirements and subject to the services provided by Flame Dragon at the time, Flame Dragon may offer auxiliary tools to enhance the security of your account and password. There might be fees associated with the use of certain tools. You acknowledge and agree that while these tools can improve the security of your account and password to a certain degree, Flame Dragon does not guarantee their absolute security.
4 Services
4.1 Products and Services
4.1.1 Flame Dragon provides you with gaming services, other online services, and value-added services through the Flame Dragon website or through websites and platforms of our partners. This encompasses both the products and services that Flame Dragon currently offers and those it may offer in the future. You may accept and use the products and services provided by Flame Dragon in accordance with this Agreement.
4.1.2 In an effort to enhance the security, stability of our products and services, as well as for other commercial considerations, Flame Dragon may refine its products and services by means of updates, preloading, upgrading to new versions, or other such measures. By agreeing to these terms, you consent to such measures. You understand and agree that it is your responsibility to update in order to access the latest version of the relevant products and services to ensure their uninterrupted access, retrieval, and usage. You further acknowledge and agree that you will not hold Flame Dragon legally accountable for such updates or changes.
4.2 Devices, Networks, and Operating Environment
4.2.1 You acknowledge and understand that your use of the products and services requires internet access and appropriate computer equipment. You are responsible for procuring and maintaining your own internet connection and computer equipment that meets the minimum operational requirements necessary for accessing and using our products and services. Furthermore, you shall bear all costs associated with data usage, network access, hardware, software, and other expenses incurred during the use of the product and services, irrespective of whether there is a charge for the use of such products and services.
4.2.2 To enhance security and stability, during your use of the products and services, Flame Dragon or its partners may need to access and assess information about your terminal device, including but not limited to hardware specifications, operating system, and network details, to ensure that your device's operating environment complies with the requirements for the respective product or service.
4.3 User Feedback
Flame Dragon welcomes your oversight during the time you use the products and services we provide, to ensure that we are adhering to the terms of this Agreement. You may, at any time, offer your opinions and suggestions related to Flame Dragon's products and services through the contact channels we provide.
5 User-Generated Content
5.1 Scope
Flame Dragon offers products and services that allow you to independently produce, create, upload, post, and transmit content. For content that you produce, create, upload, post, and transmit using these products and services, as well as any content you provide to other users through the interactive features of our products and services - including but not limited to in-game custom content, communication details, chat histories, avatars, virtual personas, etc. (hereinafter referred to as "User-Generated Content"; for clarity, this does not include your unpublished data and personal information) - it is your responsibility to securely maintain the associated accounts. You should ensure that the User-Generated Content posted by these accounts is genuinely yours, that it is lawful, and does not infringe upon the legal rights of others. Furthermore, you must comply with this Agreement and any rules set by Flame Dragon specifically for the relevant products and services (hereinafter referred to as "User-Generated Content Platform Rules").
5.2 Authorized Use
You agree that:
5.2.1 If user-generated content includes elements of Flame Dragon content (including but not limited to any artwork, music, literary works, and/or any other elements or components of Flame Dragon or contained within the game, as well as continuous dynamic visuals presented during Flame Dragon's operation) and/or other content for which Flame Dragon holds intellectual property rights (collectively referred to as "Flame Dragon Content"), then any commercial use of such user-generated content requires prior written authorization from Flame Dragon, in accordance with the user-generated content platform rules.
5.2.2 With respect to user-generated content, you irrevocably grant Flame Dragon a perpetual, worldwide, royalty-free, non-exclusive license to use said user-generated content in any manner. The term “use” as mentioned herein includes, but is not limited to, copying, distributing, renting, displaying, performing, broadcasting, modifying, adapting, transmitting over information networks, live streaming, projection, audio and video recording, compiling, and other modes of use. This includes usage for both commercial and non-commercial purposes, within the game and outside it, and both on user-generated content platforms and elsewhere. For clarity, the aforementioned rights to use will hereinafter be referred to as “Usage Rights” or “Use”. Additionally, you authorize Flame Dragon to assign or sublicense these usage rights to third parties. You represent and warrant that you possess all rights to grant Flame Dragon the rights pertaining to the user-generated content as specified in this clause. You also ensure that your user-generated content aligns with a positive, proactive, and healthy image of Flame Dragon and its products and services, and does not contain any content that breaches current laws, regulations, policies, public interests, or infringes upon the intellectual property or other rights of third parties. You further warrant that Flame Dragon's use of your content will not infringe upon the intellectual property rights or any other lawful rights of any third party, nor will it violate any applicable laws, regulations, policies, or public interests. You acknowledge that your user-generated content solely represents your own views. You shall bear sole responsibility for such content and actions, and if they result in any losses to Flame Dragon or third parties, you shall compensate for the same.
5.2.3 For user-generated content that includes content, you may only display or use such content on Flame Dragon's platform or on other platforms approved by Flame Dragon and in manners sanctioned by Flame Dragon. Without explicit permission from Flame Dragon, you may not, either on your own or through third-party authorization, distribute the content on other platforms, nor engage in any unauthorized publication, commercial exploitation, creation of derivative works, or any other form of use. Any violation of this provision entitles Flame Dragon to take action under this Agreement and retain the right to seek legal remedies.
5.2.4 With respect to user-generated content, you irrevocably authorize and agree that Flame Dragon has the right, either on its own behalf or by appointing a professional third-party, to take action against any infringements upon the legitimate rights and interests of users, as well as infringements related to user-generated content. The methods include, but are not limited to: monitoring for infringement, issuing cease-and-desist letters, initiating lawsuits or arbitrations, mediation, and settlement. Flame Dragon retains the sole discretion to make decisions regarding and independently pursue these protective actions.
5.2.5 You acknowledge and agree that Flame Dragon reserves the right, at its sole discretion, to use or publicly display your user-generated content. Furthermore, Flame Dragon has the authority, without seeking your consent, to modify, conceal, or delete your user-generated content. Flame Dragon shall bear no responsibility or obligation arising from the publication, use, modification, concealment, deletion, or non-publication, non-use, non-modification, non-concealment, or non-deletion of your user-generated content, nor does it provide any form of warranty for any user-generated content. Where applicable laws concerning copyrights grant you moral rights to your user-generated content, including but not limited to the right to publish, the right to attribution, the right to make modifications, and the right to maintain the integrity of the work, you agree to exercise these rights in adherence to the terms of this Agreement. Moreover, you further consent to Flame Dragon's discretion in determining whether to attribute the content to you and the mode of such attribution, and you will not assert any moral rights, such as rights of publication, attribution, modification, or maintaining the integrity of the work, or any other rights against Flame Dragon in connection with Flame Dragon's use of user-generated content in accordance with this Agreement.
5.3 Review and Moderation
Except as otherwise provided by law, Flame Dragon reserves the right, but not the obligation, to review user-generated content. For any user-generated content that violates applicable laws, regulations, relevant policies, or any other inappropriate content, Flame Dragon has the right to employ technical measures to conceal, delete, or otherwise appropriately address such content. You understand and agree that any actions undertaken, and the user-generated content posted by other users during the use of the products and services, are personal acts of those users. Any statements or viewpoints expressed by these users do not represent the position of Flame Dragon. We advise you to exercise caution and discernment when encountering potentially illegal, incorrect, deceptive, or other inappropriate content generated by other users during the use of the products and services. While Flame Dragon retains the right to take legal action against users who violate regulations, under no circumstances shall Flame Dragon be held liable for any loss or damage caused to you due to the unauthorized actions or inappropriate content posted by other users.
6 User Conduct Guidelines
6.1 General Requirements
When using our products and services, you shall comply with all applicable laws and regulations, adhere to this Agreement, and ensure your behavior is in accordance with accepted standards. You pledge not to engage in any actions contrary to public decency or that harm the legitimate interests of the State, Flame Dragon, other users, or any third party. Should you breach the terms of this Agreement and cause any loss to Flame Dragon, you shall bear the corresponding liability for damages.
6.2 Guidelines for the Use of Products and Services
When using Flame Dragon’s products and services, you must adhere to the following principles:
(1) Comply with all applicable laws and regulations.
(2) Do not use the products and services for any illegal purpose or in any manner beyond the scope of this Agreement.
(3) Abide by all relevant internet protocols, rules, and procedures associated with the products and services.
(4) Do not modify, reverse engineer, decompile, disassemble, copy, distribute, sell, or remove any proprietary notices or copyright information from Flame Dragon’s website, products, services, or software.
(5) Do not engage in any behavior that could disrupt the normal usage of Flame Dragon’s online services. This includes, but is not limited to, damaging, attacking, infiltrating servers or causing server overload; cracking or modifying any client software provided by Flame Dragon; exploiting any software bugs or errors to disrupt normal gameplay or disseminating such defects; and directly or indirectly exploiting bugs (including vulnerabilities or irregularities present in the game system, software, or settings), software flaws for profit or to disrupt game order, or use such bugs and vulnerabilities for personal objectives.
(6) Do not create, use, publish, or distribute any tools or programs that can interfere with the fairness of the game, including but not limited to cheats, packet manipulation, speed hacks, game modifications, or other cheat programs. Do not instruct, encourage others to use such programs, or sell such software for personal or organizational monetary gain.
(7) Do not post or distribute content that violates national laws, compromises national security, undermines national unity, goes against moral values, breaches public decency, tarnishes national honor, discloses state secrets, incites ethnic conflict, promotes religious superstitions, obscene, violence and terror, drug use or gambling, or incites criminal activity.
(8) Do not post or distribute content involving racial discrimination, politically sensitive matters, defamation of national leaders, or that insults, defames, spreads rumors about, verbally abuses, threatens, or in any other way violates the rights of others.
(9) Do not spam advertisements, junk information, or other commercial content or engage in related activities.
(10) Do not use any methods or techniques to attack the servers, routers, switches, or other devices related to Flame Dragon products and services for the purpose of illegally obtaining or altering unauthorized data, disrupting regular products and services, or any other malicious intent.
(11) Do not take advantage of possible technical defects or vulnerabilities in the online product system to seek benefits for yourself or others in any form or engage in any improper conducts;
(12) Do not use Flame Dragon' products and services through or with the assistance of third-party software without the permission of Flame Dragon;
(13) Do not take any action that violates the rules and the fairness of the game;
(14) Do not use any intellectual property rights of Flame Dragon, or create or provide the same or similar network services, such as simulation servers and private servers without the written permission of Flame Dragon;
(15) Do not use Flame Dragon' products and services for any conduct that may adversely affect the normal operation of the Internet or interfere with others' normal use of the products and services provided by Flame Dragon;
(16) Do not use Flame Dragon' products and services for other activities that are detrimental to Flame Dragon;
(17) Resort to the customer service channels designated by Flame Dragon and other special communication channels for consultation on the services, products and businesses of Flame Dragon and its business partners, and do not make negative publicity about Flame Dragon and related services in public;
(18) Notify Flame Dragon immediately if you learn about any use of user account in violation of laws and the method agreed herein or any security vulnerability of user account;
(19) Agree to cooperate with Flame Dragon in taking relevant measures, for example, truthfully answer questions related to the use of Flame Dragon products and services, when the user account is suspected of illegal and irregular conducts such as account theft and cheat, so as to safeguard the legitimate rights and interests of yourself and other users;
(20) Do not obtain virtual items (defined below) in the game by means other than those permitted by Flame Dragon, like violating the rules for use of the game;
(21) Do not use products and services without authorization, including but not limited to commercial use;
(22) Do not conduct transactions of user accounts or any products and services without the permission of Flame Dragon, including but not limited to selling, gifting, leasing accounts or products and services, or providing assistance for the aforesaid transactions, acting as transaction intermediaries;
(23) Do not collect virtual items in the game for resale and other purposes, play the game on behalf of others with compensation, or seek benefits by other improper means;
(24) Do not record, livestream or disseminate the content of Flame Dragon' games to others in any way without the permission of Flame Dragon, including but not limited to using any third-party software for network livestreaming and dissemination;
(25) Do not involve Flame Dragon in any sensitive political and public events due to the use of its products and services; and
(26) Do not engage in other widely recognized misconduct in the industry, regardless of whether it has been listed in this Agreement or other applicable terms.
6.3 Handling of Violations
6.3.1 You shall abide by this Agreement, including but not limited to the rules related to products and services published from time to time on Flame Dragon website, as such rules are an effective part of and have the same effect as this Agreement.
6.3.2 If you commit any violation against the User Conduct Guidelines mentioned in clause 6 or provisions of this Agreement, Flame Dragon has the right to take any one or more of the following measures at its discretion depending on the nature and extent of such violation:
(1) Give you a warning;
(2) Block the message from your account;
(3) Withdraw the right to use part or all of the virtual items;
(4) Suspend the provision of part or all of the products and services;
(5) Terminate the provision of part or all of the products and services;
(6) Publish the handling results and report to relevant authorities;
(7) Require you to compensate Flame Dragon for all losses, including but not limited to the compensation made by Flame Dragon to any third party, and other punishment and additional costs caused thereby; and/or
(8) Call you to account for relevant legal liabilities, including but not limited to restoring the original state and eliminating the impact.
6.4 Investigation and Supervision on User's Conduct
You understand and agree that Flame Dragon has the right to investigate user's violations and other controversial conducts involved, and deal with them according to specific rules. At the same time, as a user, if you suffer any infringement of rights and interests while using the products and services, or you find that other users may engage in the aforementioned violations, you may report and complain through the specific reporting functions in products and services or the specific channel provided by Flame Dragon website. We will decide whether to impose punishment on users suspected of violating the rules according to your feedback and Flame Dragon' investigation results, and decide the specific punishment if needed.
7 Tariff Policy
7.1 Paid Services
Flame Dragon may charge you a certain fee for products and services when providing them. In this case, Flame Dragon will give clear instructions on charging information and related tariff criteria, charging methods, purchase methods and other information about tariff policies on certain pages.
7.2 Tariff Adjustment
Flame Dragon has the right to determine, adjust and modify the tariff policies of products and services provided by it, and may set differentiated tariff criteria and charging methods for different products and services, or depending on the various stages of products and services provided. Flame Dragon will publish the charging information of products and services, as well as the tariff criteria, charging methods, purchase methods or other information related to tariff policies of such products and services on relevant pages such as product and service release channels and purchase interfaces. We remind you to consult the information and purchase according to your specific needs.
7.3 Pay for Purchase
7.3.1 You may purchase Flame Dragon' paid products and services according to the tariff policy determined by Flame Dragon as needed. If you do not purchase the paid products and services provided by Flame Dragon or do not purchase them in accordance with the tariff policy determined by Flame Dragon, Flame Dragon has the right to immediately stop providing or refuse to provide your corresponding paid products and services.
7.3.2 You understand and agree that the paid products and services provided by Flame Dragon are online virtual items and services, which are non-refundable once paid unless otherwise stipulated by laws and regulations or agreed by Flame Dragon. You further understand and agree that if Flame Dragon agrees to refund, the user shall compensate for the expenses incurred by using credit cards, mobile phones and other payment channels for payment, and Flame Dragon has the right to directly deduct such expenses from the fees to be returned to the user. The top-up amount, virtual items, etc. (if any) given to you by Flame Dragon in the process of providing products and services are not refundable or realizable under any circumstances.
8 Virtual Items
8.1 Ownership
Subject to the contents and relevant rules of applicable products and services at the appointed time, you may recharge in legal tender through the methods accepted by Flame Dragon or complete relevant tasks following the page guidelines of related products and services to obtain virtual items provided by Flame Dragon (like virtual currencies including dragon coin, gold dollar treasure, silver dollar treasure, gold, silver, diamond, gold coin and silver ingot to be used in the games, or virtual props such as game coins, game items, equipment, etc. collectively, the "virtual items"). You fully understand and agree that the virtual items are part of the products and services provided by Flame Dragon, and Flame Dragon owns all such items. You have the right to use the virtual items in accordance with laws, this Agreement and game rules.
8.2 Period of Use
You understand and agree that virtual items may be subject to a certain period of use, upon which you will not be able to continue using them. If the period of use is not indicated, it shall be from the date when you obtain the virtual items to the termination date of this Agreement.
8.3 Purchase, Exchange and Transfer
8.3.1 You understand and agree that you shall and shall only purchase, exchange or transfer the right to use virtual items through channels licensed by Flame Dragon and within the scope permitted by this Agreement and applicable laws. You further understand and agree that virtual items are limited to specific in-game use and shall not be exchanged for cash or other out-of-game property. If you trade virtual items in violation of this clause, including but not limited to trading the game account, character, virtual items and other data related to Flame Dragon' products and services for real currency or material objects, you shall undertake the legal liabilities incurred thereby on your own. Flame Dragon has the right to stop providing part or all of the products and services to you, and also the right to freeze, withdraw or delete the game account, character, virtual items and other data involved. Any problems and losses arising therefrom shall be borne by yourself.
8.3.2 You are aware and agree that all transactions of products and services made without Flame Dragon' permission, including but not limited to any recharge, consumption or other transactions without Flame Dragon' permission, are serious breaches of contract, and Flame Dragon has the right not to recognize them. The disputes arising therefrom shall be settled by you and relevant third parties on your own, and Flame Dragon will assume no responsibility.
9 Test Server and Experience Server
9.1 Test Server
Test server refers to the server that provides products and services to certain users in the announced test stage of Flame Dragon' products and services (including but not limited to closed beta test and internal test).
9.2 Experience Server
Experience server refers to the server launched by Flame Dragon in certain products and services to test the stability of the latest version of product system and product content. You may experience the latest products and service contents in the experience server.
9.3 Purpose and Terms of Use
9.3.1 You understand and agree that Flame Dragon provides test server and experience server only for the purpose of testing and improving products and services, not as the official launch of products and services. The test server and experience server may have compatibility problems or cause damage to the user's computer, data or software. If you choose to use the test server or experience server, you shall only use it for the purpose of testing products and services, and back up all your data in the test server and experience server by yourself.
9.3.2 Once you log in to the test server or experience server, or use the products and services of the test server or experience server, it means that you understand and voluntarily accept the following conditions:
(1) The products and services provided by the test server or experience server are informal versions, which may be different from the official version, and there may also be instability of programs or data loss. Flame Dragon will not assume any responsibility for this;
(2) Flame Dragon will maintain the test server and experience server from time to time, and may delete all or part of the data (including but not limited to the characters, EXP values, virtual items and any relevant records and information in the user account) of the test server and experience server as required within the scope permitted by applicable laws, or use such data legally without any liability to you; and
(3) Considering the instability of the test server and experience server, Flame Dragon has the right to adjust or delete specific products and services provided to users logging in to or using the test server and experience server according to the actual situation, and you agree not to hold Flame Dragon accountable for that.
10 Protection of Minors and Parental Supervision
10.1 You must be at least the minimum age required for the collection of personal data as stipulated by the laws of your jurisdiction to create a user account (defined below) and to access certain of our services. If you have reached the minimum age for personal data collection in your jurisdiction but are still a minor, this Agreement must be read and accepted on your behalf by your parents or guardians. Parents and guardians are responsible for the actions of their minor children when using our services.
10.2 With the verified consent of the parents or legal guardians, we may allow minors under the minimum age for personal data collection to enroll in for certain services. Parents/legal guardians may be required to provide additional documents or perform additional actions as part of the verification and approval process in order to comply with applicable laws.
11 Change, Suspension or Termination of Services
11.1 Change, Suspension or Termination by Flame Dragon
Subject to business decisions or policy changes of Flame Dragon, Flame Dragon has the right to adjust, suspend or terminate the products and services provided by it at any time according to the actual situation. In such cases, Flame Dragon will handle the relevant matters in accordance with applicable laws and regulations at the appointed time.
11.2 Suspension or termination due to user's violation
11.2.1 You shall abide by the provisions of this Agreement and relevant laws and regulations, and Flame Dragon has the right to determine whether the user violates this Agreement according to its own judgment. For users who violate this Agreement, Flame Dragon has the right to unilaterally suspend or terminate the provision of all or part of the products and services to such users and take any one or more of the following measures:
(1) Block the user account;
(2) Prohibit relevant characters from logging in;
(3) Delete all relevant documents, files and any records in the user account to the maximum extent permitted by applicable laws;
(4) Cancel or withdraw any benefits obtained by the user in the game through violations; and/or
(5) Other measures that Flame Dragon has the right to take according to this Agreement.
Flame Dragon will assume no responsibility for any inconvenience and loss caused by the measures above taken by Flame Dragon. If Flame Dragon makes a decision to suspend the provision of all or part of the services to the user according to the situation, it will inform the user of the suspension period. Upon expiration of the suspension period, Flame Dragon will resume the service to the user. However, if the user's default status still exists upon expiration of the suspension period, Flame Dragon has the right to extend the suspension period with notification to the user.
11.2.2 If one or more accounts under the same user's name violate this Agreement, Flame Dragon has the right to take the measures agreed in clause 11.2.1 for some or all of the accounts under the user's name according to the actual situation.
11.3 Account Cancellation
11.3.1 Cancellation process
Under the condition of meeting the cancellation conditions, you may cancel your user account in the game according to the account cancellation guidelines in the game. Considering the irreversibility of cancellation and for the protection of your rights, Flame Dragon has set a cooling-off period of fifteen (15) days for account cancellation, that is, when you apply for account cancellation in a certain game, the cancellation will not take effect immediately. You may still log in and use the game with your user account, but you may not be able to use certain functions in the game during the cooling-off period. You may withdraw this cancellation application at any time during the cooling-off period. With the withdrawal completed, it will be deemed that you have given up this cancellation application and you will continue to log in with the specific account and use the game. If you do not withdraw the cancellation application within fifteen (15) days after applying for cancellation, the cancellation will be completed upon expiry of the cooling-off period. You understand and agree that you shall ensure that the cancellation does not infringe the legitimate rights and interests of any third party; otherwise you shall bear the losses caused to any third party.
11.3.2 Consequences of cancellation
You are aware and agree that when you complete the cancellation of your user account in a certain game:
(1) You will not be able to log in to the game with this user account, and all rights and interests (such as character level, virtual items, etc.) related to the game under this user account will no longer be accessible, attainable, available for use or retrievable;
(2) Unless otherwise agreed by Flame Dragon, to the maximum extent permitted by applicable laws, the balances, products and services related to the game under your user account and all virtual items that you have not used will not be refunded or compensated;
(3) To the maximum extent permitted by applicable laws, Flame Dragon has the right to retain your game data and information (including in-game character data and virtual item information) related to the game under the user account;
(4) You may not be able to use the in-game nickname you used before the user account is canceled as it may be taken by other users; and
(5) Your cancellation of a user account in a certain game will not affect the validity of your user account in other games. You may still log in with your user account and use other products and services provided by Flame Dragon. Unless otherwise specified in this Agreement, your rights and interests in other products and services will not be affected.
11.4 Suspension or Termination Due to Force Majeure and Other Reasons
In case of any of the following circumstances, Flame Dragon has the right to suspend products and services without assuming any responsibility. However, in such cases, Flame Dragon promises to use its best commercial efforts to resume products and services as soon as possible:
(1) Flame Dragon has been implementing necessary maintenance and construction on relevant website servers and product servers, as well as other network equipment and websites related to the products and services provided on a regular basis. Every day's downtime for maintenance is open for inquiry in Flame Dragon' website and product announcements;
(2) Flame Dragon, based on its own discretion, has been implementing necessary maintenance and construction on relevant website servers and game servers, as well as other network equipment or websites related to the products and services provided from time to time;
(3) A suspension or termination is needed due to any failure, malfunction, or personnel's improper operation of third party software and hardware such as the telecommunication network and operator system;
(4) Flame Dragon' network has been hacked, the website data has been tampered with, deleted, forged or fabricated, or there has been conducts that jeopardize the normal operation of Flame Dragon' computer system;
(5) A suspension or termination is needed in emergency circumstances regulated by law or the circumstances for the personal security of the user and any third party;
(6) A suspension or termination is needed due to the requirements of relevant authorities based on laws or legal procedures;
(7) A suspension or termination is needed due to other provisions based on laws or national policies; or
(8) A suspension of products or services is required due to other force majeure reasons.
11.5 Consequences of Termination
11.5.1 If Flame Dragon terminates the provision of all products and services to the user, this Agreement shall be terminated at the same time.
11.5.2 You understand and agree that if this Agreement is terminated for any reason, you will no longer be able to use your user account at the appointed time. To the maximum extent permitted by applicable laws, Flame Dragon has the right to clear the game proceeds in such user account, including but not limited to membership levels, game characters, virtual items that have not been used or expired, and delete all relevant documents, files and any records in the user account. If this Agreement is terminated due to your breach of contract, Flame Dragon does not need to refund or compensate you for any funds under the user account, virtual items that have not been used or expired and other game proceeds.
11.5.3 You understand and agree that if Flame Dragon finds out or receives complaints from a third party that you have violated laws and regulations or conducted breaches of contract before the termination of this Agreement, Flame Dragon will have the right to investigate your corresponding legal liabilities according to law and this Agreement even after the termination of this Agreement.
12 Intellectual Property Rights and Ownership
12.1 Ownership
12.1.1 The copyright, patent right, trademark right, trade secret, other intellectual property rights, ownership and rights of any information, data and technologies (including relevant software) related to the products and services provided by Flame Dragon shall be the property of Flame Dragon or the legit obligees. Unless legally authorized in writing by Flame Dragon or the legit obligees in advance, or otherwise expressly stipulated by law, users are not allowed to use, reproduce, disseminate, forge, imitate, modify, adapt, translate, compile, publish, or conduct reverse engineering like decompiling and disassembling on any content in any form without authorization. The content may be involved includes but is not limited to software, codes, technical information, arts, music and materials. If the user fails to comply with the provisions of this clause, Flame Dragon may immediately terminate the provision of any products and services to the user, investigate its liability for breach of contract or infringement according to law, and require the user to compensate Flame Dragon for all losses. In addition, the user must destroy all aforementioned contents that have been obtained as required by Flame Dragon.
12.1.2 Flame Dragon reserves the right to dispose of the products, services and contents of which Flame Dragon has intellectual property rights and ownership or that Flame Dragon is authorized to use in any way at any time, including but not limited to disposal by modifying, transferring, licensing, re-licensing or other methods permitted by any laws and regulations.
12.2 Third-party Services
Your use of products and services may involve the use of functions, software or services developed and operated by a third party. In addition to complying with relevant provisions of this Agreement, you shall also abide by relevant regulations of third parties and respect the rights of third-party obligees related to their functions, software, services and contents contained therein. You shall earnestly protect the intellectual property rights of third parties and shall not infringe upon the relevant legitimate rights and interests of others. In case of any infringement, you shall undertake corresponding responsibilities by yourself, and Flame Dragon has the right to claim compensation from you for losses caused thereby.
13 Data Information
13.1 Data Storage and Processing
13.1.1 In order to provide you with better products and services, Flame Dragon has the right to store and process the personal information data, game data, interactive data, login information, operation information, maintenance logs and other data generated during your use of the products and services according to law. As for your personal information, Flame Dragon will abide by applicable laws and privacy policies. In order to improve the performance of products and services, Flame Dragon has the right to clear historical data beyond the legal retention period and scope at its discretion, and users shall back up relevant data by themselves.
13.1.2 Unless otherwise provided by law, all data (including but not limited to virtual items) on all servers provided by Flame Dragon shall be Flame Dragon' property and Flame Dragon shall be entitled to the corresponding use benefits.
13.1.3 To ensure accuracy and avoid disputes, the user agrees that the data stored in Flame Dragon' servers shall be used as the judgment standard for relevant technical data and information involved in this Agreement. Flame Dragon ensures the authenticity of the data.
13.1.4 You understand and agree that Flame Dragon has the right to restore the server data to a certain time point in case of server data exception (including data exception caused by program bugs), for which Flame Dragon will not assume any responsibility.
13.2 Use of Data
In order to optimize products and services, Flame Dragon has the right to reasonably use, by itself or in cooperation with a third party, the data generated during your use of the products and services under the condition of complying with laws.
14 Limitation of Liability
14.1 No Express, Implicit or Implied Warranty
To the maximum extent permitted by law, Flame Dragon does not provide any warranty, express or implied, including but not limited to any warranties and responsibilities of merchantability, fitness for purpose, reliability, accuracy, completeness, virus-free and error-free. Flame Dragon does not guarantee that the products and services provided by Flame Dragon will meet your requirements or will not be suspended, nor does it guarantee the timeliness, safety and freedom from interference of products and services, as well as whether information will be accurately, timely and smoothly transmitted.
14.2 Exemption from Liability for Force Majeure and Other Reasons
For suspension of products and services, loss of data or short messages sent by users, garbled codes, wrong reception, reception failure, delayed reception, game retracement, deletion of game characters, loss of virtual items or property, and other user losses, risks and delays in providing relevant products and services by Flame Dragon caused by unforeseeable, uncontrollable and inevitable objective events of either party (including but not limited to government actions, promulgation of national laws and regulations or new decrees of regulatory authorities, policy changes, failures of domestic and overseas basic telecommunication operator and mobile communication networks, various technical defects, coverage restrictions, computer viruses, and hacker attacks, collectively referred to as "force majeure"), user factors such as user location, user shutdown, personal errors, wrong or improper operations, partner factors, intentional or negligent acts of others, and other reasons beyond the scope of Flame Dragon' competency, Flame Dragon will assume no responsibility, and you agree not to hold Flame Dragon accountable for that.
14.3 Exemption from Liability for Consequential Damages
To the maximum extent permitted by applicable laws, Flame Dragon shall not be liable for any indirect or punitive damages or requests (including but not limited to damages caused by breach of contract, infringement, personal injury, disclosure of privacy, failure to perform any responsibility including good faith and reasonable care, negligence and any pecuniary loss or other losses) arising from users' use of or anyhow in connection with Flame Dragon' products and services.
14.4 Exemption from Liability Involving Third Party
The specific products and services may be provided to you by Flame Dragon through cooperation with a third party. To the maximum extent permitted by applicable laws, the losses caused to you due to such third-party services shall be settled through negotiation between you and the third party, and Flame Dragon will not assume any responsibility.
14.5 Cap on Compensation
To the maximum extent permitted by applicable law, the cumulative legal liability of Flame Dragon and its affiliates arising out of or in connection with this Agreement or Flame Dragon' products or services shall not exceed one hundred dollars ($100 USD).
15 Protection of User Information
15.1 Protection of Personal Information
Flame Dragon attaches great importance to the protection of your personal information and will take reasonable measures to ensure the security of your personal information. Please refer to the Privacy Policy for details on how Flame Dragon will collect, use, store, share and protect your personal information. By agreeing to this Agreement, you agree to authorize Flame Dragon to collect, use, store, share and protect your personal information within the scope permitted by applicable laws in accordance with the requirements of the Privacy Policy.
15.2 Disclosures
Unless otherwise specified in the Privacy Policy, Flame Dragon will not disclose your personal information and non-personal information to any company, organization or individual without your consent, except for the following circumstances:
(1) The information is provided at the request of judicial organs, arbitration institutions or administrative authorities through legal procedures;
(2) A lawsuit or arbitration is filed against you to safeguard the legitimate rights and interests of Flame Dragon;
(3) The information is provided at the request of your guardian; or
(4) Other circumstances for which the information shall be disclosed according to laws and regulations exist.
15.3 Commercial Information
You agree to accept promotional information and other commercial information of products and services sent by Flame Dragon to you through text messages/emails. When you decide that you no longer need to receive such commercial information, you may follow the relevant guidelines to unsubscribe from SMS/email notifications.
16 Legal Liability
You agree to protect and safeguard the interests of Flame Dragon and other users. If you cause losses to Flame Dragon or any other third party due to your violation of relevant laws, regulations or any terms hereunder, you agree to take all legal liabilities arising therefrom and compensate for corresponding losses, including but not limited to attorney fees, arbitration fees, litigation costs, notarial fees, preservation insurance premiums paid by Flame Dragon and its affiliates, agents, employees, partners, etc. to safeguard their legitimate rights and interests.
17 Miscellaneous
17.1 Severability
If any provision of this Agreement is or becomes invalid or unenforceable in whole or in part for any reason whatsoever, the remaining provisions of this Agreement shall remain valid and binding on the Parties.
17.2 Headings
The headings in this Agreement are for convenience only and do not affect or limit the meaning or interpretation of the provisions. In order to protect your rights and interests, you shall carefully review the specific expressions of each provision. If you have any questions about this Agreement, please contact Flame Dragon for customer service consultation at FlameDragonyl@gmail.com .
17.3 Notices
All notices sent to you under this Agreement may be made by announcement on important pages, emails or regular communications, mobile phone SMS, Flame Dragon client message push, etc. Such notices shall be deemed as delivered to the recipient on the date of sending. The contact information you provide to Flame Dragon may be used as your valid judicial address for service of justice and arbitration proceedings. Your notice to Flame Dragon may be sent through the designated channel published by Flame Dragon.
17.4 Validity
This Agreement shall come into effect when you check "Consent" or begin to use Flame Dragon products and services.
Annex 1 Dispute Resolution and Applicable Law
SECTION 1—— Governing Law & Dispute Resolution (Rest of World, except mainland China, United States of America, Japan and Korea)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF THIS AGREEMENT, EXCLUDING CONSUMERS AND PERSONS WHO ARE RESIDENTS OF MAINLAND CHINA，THE UNITED STATES OF AMERICA, JAPAN AND KOREA. Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
Except to the extent that the applicable laws and regulations of user’s jurisdiction mandate otherwise, the laws of the People's Republic of China (excluding the law on choice of law for foreign-related civil relationships or other similar regulations) shall apply to the interpretations and application of relevant regulations on products and services provided by Flame Dragon as well as the relationship of rights and obligations between users and Flame Dragon generated by the use of products and services of Flame Dragon. All disputes relating to the Service Terms, including but not limited to disputes arising from the conclusion or performance of the Service Terms, disputes incurred in the process of performance of the Service Terms as well as disputes arising out of products and services hereunder or otherwise arising out of or in connection with the performance of this Agreement shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with the CIETAC's arbitration rules then in effect at the time of applying for arbitration. The arbitral award is final and binding upon both Parties. The seat of the arbitration will be Beijing. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
SECTION 2——Dispute Resolution (United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
If you live in the United States of America, you andFlame Dragoneach agree that this Agreement including but not limited to any Dispute, controversy, difference, or claim arising out of or relating to this Agreement or Flame DragonServices, including the existence, validity, interpretation, performance, breach or termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to this Agreement or Flame DragonServices shall be governed by and construed under the laws of the United States of America, excluding its conflict of law principles.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting this Agreement, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you andFlame Dragonwill be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).
You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.
For the purposes of this Agreement, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and Flame Dragon regarding any aspect of your relationship with Flame Dragon, including those arising out of this Agreement or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
a. Binding Individual Arbitration. If you live in the United States of America, you and Flame Dragon agree that, except as provided in subsection (e) below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and Flame Dragon further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting this Agreement, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of your residence. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.
You or Flame Dragon may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
b. Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both Flame Dragon and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other customer or User. Notwithstanding any other provision of this Agreement, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 19A shall be null and void.
c. Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Agreement.
d. Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and Flame Dragon may opt out of the arbitration procedures described above. If you do so, neither you nor Flame Dragon can force the other to arbitrate.
You or Flame Dragon may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE Flame Dragon WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your in-game username and the email address you used to set up your in-game account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with Flame Dragon through arbitration. You must mail your opt-out notice to FlameDragonyl@gmail.com. If you do not provide Flame Dragon with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to this Agreement, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
e. Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the Flame Dragon Services, and/or your relationship with Flame Dragon.
Effective Date: 6/9/2023
Thank you for choosing the products and services of Flame Dragon.
PLEASE READ CAREFULLY
This "Flame Dragon User Agreement" (hereinafter referred to as "this Agreement") is a legally binding document executed between you and Flame Dragon pertaining to your use of Flame Dragon's products and services. Before giving your consent to this Agreement or before using Flame Dragon's products and services, it is crucial that you read and understand every provision of this Agreement. Particular attention should be paid to provisions that may substantially impact your rights and interests, especially those clauses highlighted in bold, which address Flame Dragon's responsibilities, the rights to which you're entitled, relevant laws, and dispute resolution. Ensure that you review these pivotal clauses closely.
You acknowledge and agree that by checking the box to accept this Agreement or by using Flame Dragon's products and services, it signifies that you have read, fully understood, agreed to, and accepted all terms within this Agreement, and that you are willing to be bound by them. You further acknowledge that, in the event of a dispute, you will not assert failure to read carefully or lack of awareness of relevant provisions as a basis for defense. If you disagree with any terms within this Agreement, you should discontinue your registration or log-in process for an Flame Dragon user account and cease using any and all products and services immediately.
You must be at least the minimum age required for the collection of personal data as stipulated by the laws of your jurisdiction in order to create a user account (defined below) and to access certain of our services. If you have reached the minimum age for personal data collection in your jurisdiction but are still a minor, this Agreement must be read and accepted on your behalf by your parents or guardians. Parents and guardians are responsible for the actions of their minor children when using our services.
Please carefully review Annex 1 of this Agreement for detailed information regarding "Dispute Resolution and Applicable Law." Important note for U.S. players on arbitration: By agreeing to this Agreement, you consent to resolve (with some exceptions) any disputes between us through binding individual arbitration rather than through litigation. This Agreement also contains limitations on the damages that you may claim in the event of issues arising from your use of the services.
You understand and agree that, in response to changing operational circumstances or policy adjustments, Flame Dragon reserves the right to modify this Agreement from time to time in accordance with the law and the stipulations of this Agreement. If changes to this Agreement substantially affect your rights, Flame Dragon will notify you at least seven (7) days prior to the effective date of the revisions, in the manner specified in clause 17.3 of this Agreement. You should regularly review the latest version of this Agreement on Flame Dragon's website prior to logging in or using our products and services to stay updated on any changes. If you disagree with this Agreement or the modifications made by Flame Dragon, you should voluntarily cease using the products and services provided by Flame Dragon. If, after the modifications by Flame Dragon take effect, you continue to use the products and services provided by Flame Dragon, it indicates your acceptance of all changes made to this Agreement.
1 Definitions
Unless explicitly stipulated elsewhere in this Agreement or unless the context specifically indicates otherwise, the terms appearing in this Agreement shall have the following defined meanings:
1.1 "This Agreement" refers to the "Flame Dragon User Agreement," the "Flame Dragon Privacy Policy," and any other rules related to products and services as issued by Flame Dragon, including any versions that may be revised over time.
1.2 "Products and Services" corresponds to the content defined in clause 4.1 of this Agreement.
1.3 "Test Server" corresponds to the content defined in clause 9.1 of this Agreement.
1.4 "Affiliate" means any entity that is directly or indirectly controlling, controlled by, or under common control with, Flame Dragon. "Control" is defined as, but not limited to, holding or possessing, either directly or indirectly, shares in such an entity representing fifty percent (50%) or more of the prevailing equity, regardless of whether this control manifests through ownership, voting rights, agreements, or other forms.
1.5 "Experience Server" corresponds to the provisions set forth in clause 9.2 of this Agreement.
1.6 "Virtual Items" corresponds to the provisions defined in clause 8.1 of this Agreement.
1.7 "Privacy Policy" means the "Flame Dragon Privacy Policy" as published by Flame Dragon, including any versions that may be revised from time to time.
1.8 "User" means the individual or entity that downloads, installs, registers, logs in, or uses the Products and Services. In this Agreement, "User" is also referred to as "You".
1.9 "User-Generated Content" corresponds to the content defined in clause 5.1 of this Agreement.
1.10 "Flame Dragon" refers to either Flame Dragon Limited . However, for products and services offered in a specific region, the operating entity of Flame Dragon listed in the app store for that region shall prevail. In this Agreement, Flame Dragon is also referred to as "We".
1.11 "Flame Dragon Website" means the official website and platform operated by Flame Dragon.
1.12 "Flame Dragon User Account" means the account you register on the Flame Dragon website when using products and services provided by Flame Dragon, which includes all information within said account. It's also referred to as "User Account".
2 Contracting Party
This Agreement sets forth the rights you possess and the obligations you must fulfill when registering, logging in, downloading, installing, and using the Products and Services. You confirm that, prior to entering into this Agreement and using the products and services, you have the requisite legal capacity to do so.
3 Flame Dragon User Account
3.1 Registration
3.1.1 Depending on the products and services you select, you must complete the registration process to access the products and services. Your user account (where applicable) is distinct from any account you might have with any app store (your “App Store Account”). You can create your user account using an existing account you have with us or by using your email address. If you opt to create a user account using a third-party account (e.g., your Facebook or Google account), we may access certain personal information provided by that third party (such as your email address and name) to facilitate the creation of your user account. For more information on using third-party accounts, please refer to the "Flame Dragon Privacy Policy." Be advised that you can also use the game without creating a user account, but you might not be able to access certain parts of the game. Additionally, if you uninstall or otherwise remove the game, your game data may be erased.
3.1.2 You acknowledge and agree: If you use an email address to create a user account, you can change the email address via the user center within Flame Dragon products and can also modify the password for your user account. Once the email is successfully changed, you can only use the updated email to log into that user account, and the previous email address will no longer be valid for login. If you use a username to establish your user account, once it's set, it cannot be changed, though the password associated with that user account can be altered via the Flame Dragon user center. You may register multiple Flame Dragon user accounts, and Flame Dragon reserves the right to manage, either individually or collectively, various accounts owned by the same user (for the purposes of this User Agreement, if the email address for registration matches that of another account, the two accounts are deemed to have the same user).
3.2 Account Security and Management
3.2.1 Your account is intended solely for your personal, non-commercial use. Unless otherwise expressly stated in this Agreement, any activity conducted under your account shall be deemed to have been conducted by you personally. You shall be responsible for all actions undertaken under your account.
3.2.2 Unless expressly permitted and recorded by Flame Dragon, you must not disclose your account credentials to others. You are prohibited from lending, gifting, selling, transferring, or otherwise making your account available for use by others in any manner or form. Should this provision be breached, you will be solely responsible for any and all losses incurred by yourself, Flame Dragon, or any third party. Moreover, Flame Dragon reserves the right to suspend or terminate any and all products and services to such accounts.
3.2.3 It is your responsibility to securely maintain your account login credentials and to ensure the security of your computer system. Please be advised that Flame Dragon will never request your account password in any manner. If you find that your account or password has been unlawfully accessed or there are unusual activities associated with it, you must promptly notify Flame Dragon following the procedures published by us and take any other necessary remedial actions. Flame Dragon reserves the right to suspend access and usage rights for such accounts. Should the disclosure of your account credentials occur due to reasons attributable to you (e.g., device compromised by malware, victim of fraud), you shall bear all resulting losses, and Flame Dragon shall not be held liable.
3.3.4 Based on your requirements and subject to the services provided by Flame Dragon at the time, Flame Dragon may offer auxiliary tools to enhance the security of your account and password. There might be fees associated with the use of certain tools. You acknowledge and agree that while these tools can improve the security of your account and password to a certain degree, Flame Dragon does not guarantee their absolute security.
4 Services
4.1 Products and Services
4.1.1 Flame Dragon provides you with gaming services, other online services, and value-added services through the Flame Dragon website or through websites and platforms of our partners. This encompasses both the products and services that Flame Dragon currently offers and those it may offer in the future. You may accept and use the products and services provided by Flame Dragon in accordance with this Agreement.
4.1.2 In an effort to enhance the security, stability of our products and services, as well as for other commercial considerations, Flame Dragon may refine its products and services by means of updates, preloading, upgrading to new versions, or other such measures. By agreeing to these terms, you consent to such measures. You understand and agree that it is your responsibility to update in order to access the latest version of the relevant products and services to ensure their uninterrupted access, retrieval, and usage. You further acknowledge and agree that you will not hold Flame Dragon legally accountable for such updates or changes.
4.2 Devices, Networks, and Operating Environment
4.2.1 You acknowledge and understand that your use of the products and services requires internet access and appropriate computer equipment. You are responsible for procuring and maintaining your own internet connection and computer equipment that meets the minimum operational requirements necessary for accessing and using our products and services. Furthermore, you shall bear all costs associated with data usage, network access, hardware, software, and other expenses incurred during the use of the product and services, irrespective of whether there is a charge for the use of such products and services.
4.2.2 To enhance security and stability, during your use of the products and services, Flame Dragon or its partners may need to access and assess information about your terminal device, including but not limited to hardware specifications, operating system, and network details, to ensure that your device's operating environment complies with the requirements for the respective product or service.
4.3 User Feedback
Flame Dragon welcomes your oversight during the time you use the products and services we provide, to ensure that we are adhering to the terms of this Agreement. You may, at any time, offer your opinions and suggestions related to Flame Dragon's products and services through the contact channels we provide.
5 User-Generated Content
5.1 Scope
Flame Dragon offers products and services that allow you to independently produce, create, upload, post, and transmit content. For content that you produce, create, upload, post, and transmit using these products and services, as well as any content you provide to other users through the interactive features of our products and services - including but not limited to in-game custom content, communication details, chat histories, avatars, virtual personas, etc. (hereinafter referred to as "User-Generated Content"; for clarity, this does not include your unpublished data and personal information) - it is your responsibility to securely maintain the associated accounts. You should ensure that the User-Generated Content posted by these accounts is genuinely yours, that it is lawful, and does not infringe upon the legal rights of others. Furthermore, you must comply with this Agreement and any rules set by Flame Dragon specifically for the relevant products and services (hereinafter referred to as "User-Generated Content Platform Rules").
5.2 Authorized Use
You agree that:
5.2.1 If user-generated content includes elements of Flame Dragon content (including but not limited to any artwork, music, literary works, and/or any other elements or components of Flame Dragon or contained within the game, as well as continuous dynamic visuals presented during Flame Dragon's operation) and/or other content for which Flame Dragon holds intellectual property rights (collectively referred to as "Flame Dragon Content"), then any commercial use of such user-generated content requires prior written authorization from Flame Dragon, in accordance with the user-generated content platform rules.
5.2.2 With respect to user-generated content, you irrevocably grant Flame Dragon a perpetual, worldwide, royalty-free, non-exclusive license to use said user-generated content in any manner. The term “use” as mentioned herein includes, but is not limited to, copying, distributing, renting, displaying, performing, broadcasting, modifying, adapting, transmitting over information networks, live streaming, projection, audio and video recording, compiling, and other modes of use. This includes usage for both commercial and non-commercial purposes, within the game and outside it, and both on user-generated content platforms and elsewhere. For clarity, the aforementioned rights to use will hereinafter be referred to as “Usage Rights” or “Use”. Additionally, you authorize Flame Dragon to assign or sublicense these usage rights to third parties. You represent and warrant that you possess all rights to grant Flame Dragon the rights pertaining to the user-generated content as specified in this clause. You also ensure that your user-generated content aligns with a positive, proactive, and healthy image of Flame Dragon and its products and services, and does not contain any content that breaches current laws, regulations, policies, public interests, or infringes upon the intellectual property or other rights of third parties. You further warrant that Flame Dragon's use of your content will not infringe upon the intellectual property rights or any other lawful rights of any third party, nor will it violate any applicable laws, regulations, policies, or public interests. You acknowledge that your user-generated content solely represents your own views. You shall bear sole responsibility for such content and actions, and if they result in any losses to Flame Dragon or third parties, you shall compensate for the same.
5.2.3 For user-generated content that includes content, you may only display or use such content on Flame Dragon's platform or on other platforms approved by Flame Dragon and in manners sanctioned by Flame Dragon. Without explicit permission from Flame Dragon, you may not, either on your own or through third-party authorization, distribute the content on other platforms, nor engage in any unauthorized publication, commercial exploitation, creation of derivative works, or any other form of use. Any violation of this provision entitles Flame Dragon to take action under this Agreement and retain the right to seek legal remedies.
5.2.4 With respect to user-generated content, you irrevocably authorize and agree that Flame Dragon has the right, either on its own behalf or by appointing a professional third-party, to take action against any infringements upon the legitimate rights and interests of users, as well as infringements related to user-generated content. The methods include, but are not limited to: monitoring for infringement, issuing cease-and-desist letters, initiating lawsuits or arbitrations, mediation, and settlement. Flame Dragon retains the sole discretion to make decisions regarding and independently pursue these protective actions.
5.2.5 You acknowledge and agree that Flame Dragon reserves the right, at its sole discretion, to use or publicly display your user-generated content. Furthermore, Flame Dragon has the authority, without seeking your consent, to modify, conceal, or delete your user-generated content. Flame Dragon shall bear no responsibility or obligation arising from the publication, use, modification, concealment, deletion, or non-publication, non-use, non-modification, non-concealment, or non-deletion of your user-generated content, nor does it provide any form of warranty for any user-generated content. Where applicable laws concerning copyrights grant you moral rights to your user-generated content, including but not limited to the right to publish, the right to attribution, the right to make modifications, and the right to maintain the integrity of the work, you agree to exercise these rights in adherence to the terms of this Agreement. Moreover, you further consent to Flame Dragon's discretion in determining whether to attribute the content to you and the mode of such attribution, and you will not assert any moral rights, such as rights of publication, attribution, modification, or maintaining the integrity of the work, or any other rights against Flame Dragon in connection with Flame Dragon's use of user-generated content in accordance with this Agreement.
5.3 Review and Moderation
Except as otherwise provided by law, Flame Dragon reserves the right, but not the obligation, to review user-generated content. For any user-generated content that violates applicable laws, regulations, relevant policies, or any other inappropriate content, Flame Dragon has the right to employ technical measures to conceal, delete, or otherwise appropriately address such content. You understand and agree that any actions undertaken, and the user-generated content posted by other users during the use of the products and services, are personal acts of those users. Any statements or viewpoints expressed by these users do not represent the position of Flame Dragon. We advise you to exercise caution and discernment when encountering potentially illegal, incorrect, deceptive, or other inappropriate content generated by other users during the use of the products and services. While Flame Dragon retains the right to take legal action against users who violate regulations, under no circumstances shall Flame Dragon be held liable for any loss or damage caused to you due to the unauthorized actions or inappropriate content posted by other users.
6 User Conduct Guidelines
6.1 General Requirements
When using our products and services, you shall comply with all applicable laws and regulations, adhere to this Agreement, and ensure your behavior is in accordance with accepted standards. You pledge not to engage in any actions contrary to public decency or that harm the legitimate interests of the State, Flame Dragon, other users, or any third party. Should you breach the terms of this Agreement and cause any loss to Flame Dragon, you shall bear the corresponding liability for damages.
6.2 Guidelines for the Use of Products and Services
When using Flame Dragon’s products and services, you must adhere to the following principles:
(1) Comply with all applicable laws and regulations.
(2) Do not use the products and services for any illegal purpose or in any manner beyond the scope of this Agreement.
(3) Abide by all relevant internet protocols, rules, and procedures associated with the products and services.
(4) Do not modify, reverse engineer, decompile, disassemble, copy, distribute, sell, or remove any proprietary notices or copyright information from Flame Dragon’s website, products, services, or software.
(5) Do not engage in any behavior that could disrupt the normal usage of Flame Dragon’s online services. This includes, but is not limited to, damaging, attacking, infiltrating servers or causing server overload; cracking or modifying any client software provided by Flame Dragon; exploiting any software bugs or errors to disrupt normal gameplay or disseminating such defects; and directly or indirectly exploiting bugs (including vulnerabilities or irregularities present in the game system, software, or settings), software flaws for profit or to disrupt game order, or use such bugs and vulnerabilities for personal objectives.
(6) Do not create, use, publish, or distribute any tools or programs that can interfere with the fairness of the game, including but not limited to cheats, packet manipulation, speed hacks, game modifications, or other cheat programs. Do not instruct, encourage others to use such programs, or sell such software for personal or organizational monetary gain.
(7) Do not post or distribute content that violates national laws, compromises national security, undermines national unity, goes against moral values, breaches public decency, tarnishes national honor, discloses state secrets, incites ethnic conflict, promotes religious superstitions, obscene, violence and terror, drug use or gambling, or incites criminal activity.
(8) Do not post or distribute content involving racial discrimination, politically sensitive matters, defamation of national leaders, or that insults, defames, spreads rumors about, verbally abuses, threatens, or in any other way violates the rights of others.
(9) Do not spam advertisements, junk information, or other commercial content or engage in related activities.
(10) Do not use any methods or techniques to attack the servers, routers, switches, or other devices related to Flame Dragon products and services for the purpose of illegally obtaining or altering unauthorized data, disrupting regular products and services, or any other malicious intent.
(11) Do not take advantage of possible technical defects or vulnerabilities in the online product system to seek benefits for yourself or others in any form or engage in any improper conducts;
(12) Do not use Flame Dragon' products and services through or with the assistance of third-party software without the permission of Flame Dragon;
(13) Do not take any action that violates the rules and the fairness of the game;
(14) Do not use any intellectual property rights of Flame Dragon, or create or provide the same or similar network services, such as simulation servers and private servers without the written permission of Flame Dragon;
(15) Do not use Flame Dragon' products and services for any conduct that may adversely affect the normal operation of the Internet or interfere with others' normal use of the products and services provided by Flame Dragon;
(16) Do not use Flame Dragon' products and services for other activities that are detrimental to Flame Dragon;
(17) Resort to the customer service channels designated by Flame Dragon and other special communication channels for consultation on the services, products and businesses of Flame Dragon and its business partners, and do not make negative publicity about Flame Dragon and related services in public;
(18) Notify Flame Dragon immediately if you learn about any use of user account in violation of laws and the method agreed herein or any security vulnerability of user account;
(19) Agree to cooperate with Flame Dragon in taking relevant measures, for example, truthfully answer questions related to the use of Flame Dragon products and services, when the user account is suspected of illegal and irregular conducts such as account theft and cheat, so as to safeguard the legitimate rights and interests of yourself and other users;
(20) Do not obtain virtual items (defined below) in the game by means other than those permitted by Flame Dragon, like violating the rules for use of the game;
(21) Do not use products and services without authorization, including but not limited to commercial use;
(22) Do not conduct transactions of user accounts or any products and services without the permission of Flame Dragon, including but not limited to selling, gifting, leasing accounts or products and services, or providing assistance for the aforesaid transactions, acting as transaction intermediaries;
(23) Do not collect virtual items in the game for resale and other purposes, play the game on behalf of others with compensation, or seek benefits by other improper means;
(24) Do not record, livestream or disseminate the content of Flame Dragon' games to others in any way without the permission of Flame Dragon, including but not limited to using any third-party software for network livestreaming and dissemination;
(25) Do not involve Flame Dragon in any sensitive political and public events due to the use of its products and services; and
(26) Do not engage in other widely recognized misconduct in the industry, regardless of whether it has been listed in this Agreement or other applicable terms.
6.3 Handling of Violations
6.3.1 You shall abide by this Agreement, including but not limited to the rules related to products and services published from time to time on Flame Dragon website, as such rules are an effective part of and have the same effect as this Agreement.
6.3.2 If you commit any violation against the User Conduct Guidelines mentioned in clause 6 or provisions of this Agreement, Flame Dragon has the right to take any one or more of the following measures at its discretion depending on the nature and extent of such violation:
(1) Give you a warning;
(2) Block the message from your account;
(3) Withdraw the right to use part or all of the virtual items;
(4) Suspend the provision of part or all of the products and services;
(5) Terminate the provision of part or all of the products and services;
(6) Publish the handling results and report to relevant authorities;
(7) Require you to compensate Flame Dragon for all losses, including but not limited to the compensation made by Flame Dragon to any third party, and other punishment and additional costs caused thereby; and/or
(8) Call you to account for relevant legal liabilities, including but not limited to restoring the original state and eliminating the impact.
6.4 Investigation and Supervision on User's Conduct
You understand and agree that Flame Dragon has the right to investigate user's violations and other controversial conducts involved, and deal with them according to specific rules. At the same time, as a user, if you suffer any infringement of rights and interests while using the products and services, or you find that other users may engage in the aforementioned violations, you may report and complain through the specific reporting functions in products and services or the specific channel provided by Flame Dragon website. We will decide whether to impose punishment on users suspected of violating the rules according to your feedback and Flame Dragon' investigation results, and decide the specific punishment if needed.
7 Tariff Policy
7.1 Paid Services
Flame Dragon may charge you a certain fee for products and services when providing them. In this case, Flame Dragon will give clear instructions on charging information and related tariff criteria, charging methods, purchase methods and other information about tariff policies on certain pages.
7.2 Tariff Adjustment
Flame Dragon has the right to determine, adjust and modify the tariff policies of products and services provided by it, and may set differentiated tariff criteria and charging methods for different products and services, or depending on the various stages of products and services provided. Flame Dragon will publish the charging information of products and services, as well as the tariff criteria, charging methods, purchase methods or other information related to tariff policies of such products and services on relevant pages such as product and service release channels and purchase interfaces. We remind you to consult the information and purchase according to your specific needs.
7.3 Pay for Purchase
7.3.1 You may purchase Flame Dragon' paid products and services according to the tariff policy determined by Flame Dragon as needed. If you do not purchase the paid products and services provided by Flame Dragon or do not purchase them in accordance with the tariff policy determined by Flame Dragon, Flame Dragon has the right to immediately stop providing or refuse to provide your corresponding paid products and services.
7.3.2 You understand and agree that the paid products and services provided by Flame Dragon are online virtual items and services, which are non-refundable once paid unless otherwise stipulated by laws and regulations or agreed by Flame Dragon. You further understand and agree that if Flame Dragon agrees to refund, the user shall compensate for the expenses incurred by using credit cards, mobile phones and other payment channels for payment, and Flame Dragon has the right to directly deduct such expenses from the fees to be returned to the user. The top-up amount, virtual items, etc. (if any) given to you by Flame Dragon in the process of providing products and services are not refundable or realizable under any circumstances.
8 Virtual Items
8.1 Ownership
Subject to the contents and relevant rules of applicable products and services at the appointed time, you may recharge in legal tender through the methods accepted by Flame Dragon or complete relevant tasks following the page guidelines of related products and services to obtain virtual items provided by Flame Dragon (like virtual currencies including dragon coin, gold dollar treasure, silver dollar treasure, gold, silver, diamond, gold coin and silver ingot to be used in the games, or virtual props such as game coins, game items, equipment, etc. collectively, the "virtual items"). You fully understand and agree that the virtual items are part of the products and services provided by Flame Dragon, and Flame Dragon owns all such items. You have the right to use the virtual items in accordance with laws, this Agreement and game rules.
8.2 Period of Use
You understand and agree that virtual items may be subject to a certain period of use, upon which you will not be able to continue using them. If the period of use is not indicated, it shall be from the date when you obtain the virtual items to the termination date of this Agreement.
8.3 Purchase, Exchange and Transfer
8.3.1 You understand and agree that you shall and shall only purchase, exchange or transfer the right to use virtual items through channels licensed by Flame Dragon and within the scope permitted by this Agreement and applicable laws. You further understand and agree that virtual items are limited to specific in-game use and shall not be exchanged for cash or other out-of-game property. If you trade virtual items in violation of this clause, including but not limited to trading the game account, character, virtual items and other data related to Flame Dragon' products and services for real currency or material objects, you shall undertake the legal liabilities incurred thereby on your own. Flame Dragon has the right to stop providing part or all of the products and services to you, and also the right to freeze, withdraw or delete the game account, character, virtual items and other data involved. Any problems and losses arising therefrom shall be borne by yourself.
8.3.2 You are aware and agree that all transactions of products and services made without Flame Dragon' permission, including but not limited to any recharge, consumption or other transactions without Flame Dragon' permission, are serious breaches of contract, and Flame Dragon has the right not to recognize them. The disputes arising therefrom shall be settled by you and relevant third parties on your own, and Flame Dragon will assume no responsibility.
9 Test Server and Experience Server
9.1 Test Server
Test server refers to the server that provides products and services to certain users in the announced test stage of Flame Dragon' products and services (including but not limited to closed beta test and internal test).
9.2 Experience Server
Experience server refers to the server launched by Flame Dragon in certain products and services to test the stability of the latest version of product system and product content. You may experience the latest products and service contents in the experience server.
9.3 Purpose and Terms of Use
9.3.1 You understand and agree that Flame Dragon provides test server and experience server only for the purpose of testing and improving products and services, not as the official launch of products and services. The test server and experience server may have compatibility problems or cause damage to the user's computer, data or software. If you choose to use the test server or experience server, you shall only use it for the purpose of testing products and services, and back up all your data in the test server and experience server by yourself.
9.3.2 Once you log in to the test server or experience server, or use the products and services of the test server or experience server, it means that you understand and voluntarily accept the following conditions:
(1) The products and services provided by the test server or experience server are informal versions, which may be different from the official version, and there may also be instability of programs or data loss. Flame Dragon will not assume any responsibility for this;
(2) Flame Dragon will maintain the test server and experience server from time to time, and may delete all or part of the data (including but not limited to the characters, EXP values, virtual items and any relevant records and information in the user account) of the test server and experience server as required within the scope permitted by applicable laws, or use such data legally without any liability to you; and
(3) Considering the instability of the test server and experience server, Flame Dragon has the right to adjust or delete specific products and services provided to users logging in to or using the test server and experience server according to the actual situation, and you agree not to hold Flame Dragon accountable for that.
10 Protection of Minors and Parental Supervision
10.1 You must be at least the minimum age required for the collection of personal data as stipulated by the laws of your jurisdiction to create a user account (defined below) and to access certain of our services. If you have reached the minimum age for personal data collection in your jurisdiction but are still a minor, this Agreement must be read and accepted on your behalf by your parents or guardians. Parents and guardians are responsible for the actions of their minor children when using our services.
10.2 With the verified consent of the parents or legal guardians, we may allow minors under the minimum age for personal data collection to enroll in for certain services. Parents/legal guardians may be required to provide additional documents or perform additional actions as part of the verification and approval process in order to comply with applicable laws.
11 Change, Suspension or Termination of Services
11.1 Change, Suspension or Termination by Flame Dragon
Subject to business decisions or policy changes of Flame Dragon, Flame Dragon has the right to adjust, suspend or terminate the products and services provided by it at any time according to the actual situation. In such cases, Flame Dragon will handle the relevant matters in accordance with applicable laws and regulations at the appointed time.
11.2 Suspension or termination due to user's violation
11.2.1 You shall abide by the provisions of this Agreement and relevant laws and regulations, and Flame Dragon has the right to determine whether the user violates this Agreement according to its own judgment. For users who violate this Agreement, Flame Dragon has the right to unilaterally suspend or terminate the provision of all or part of the products and services to such users and take any one or more of the following measures:
(1) Block the user account;
(2) Prohibit relevant characters from logging in;
(3) Delete all relevant documents, files and any records in the user account to the maximum extent permitted by applicable laws;
(4) Cancel or withdraw any benefits obtained by the user in the game through violations; and/or
(5) Other measures that Flame Dragon has the right to take according to this Agreement.
Flame Dragon will assume no responsibility for any inconvenience and loss caused by the measures above taken by Flame Dragon. If Flame Dragon makes a decision to suspend the provision of all or part of the services to the user according to the situation, it will inform the user of the suspension period. Upon expiration of the suspension period, Flame Dragon will resume the service to the user. However, if the user's default status still exists upon expiration of the suspension period, Flame Dragon has the right to extend the suspension period with notification to the user.
11.2.2 If one or more accounts under the same user's name violate this Agreement, Flame Dragon has the right to take the measures agreed in clause 11.2.1 for some or all of the accounts under the user's name according to the actual situation.
11.3 Account Cancellation
11.3.1 Cancellation process
Under the condition of meeting the cancellation conditions, you may cancel your user account in the game according to the account cancellation guidelines in the game. Considering the irreversibility of cancellation and for the protection of your rights, Flame Dragon has set a cooling-off period of fifteen (15) days for account cancellation, that is, when you apply for account cancellation in a certain game, the cancellation will not take effect immediately. You may still log in and use the game with your user account, but you may not be able to use certain functions in the game during the cooling-off period. You may withdraw this cancellation application at any time during the cooling-off period. With the withdrawal completed, it will be deemed that you have given up this cancellation application and you will continue to log in with the specific account and use the game. If you do not withdraw the cancellation application within fifteen (15) days after applying for cancellation, the cancellation will be completed upon expiry of the cooling-off period. You understand and agree that you shall ensure that the cancellation does not infringe the legitimate rights and interests of any third party; otherwise you shall bear the losses caused to any third party.
11.3.2 Consequences of cancellation
You are aware and agree that when you complete the cancellation of your user account in a certain game:
(1) You will not be able to log in to the game with this user account, and all rights and interests (such as character level, virtual items, etc.) related to the game under this user account will no longer be accessible, attainable, available for use or retrievable;
(2) Unless otherwise agreed by Flame Dragon, to the maximum extent permitted by applicable laws, the balances, products and services related to the game under your user account and all virtual items that you have not used will not be refunded or compensated;
(3) To the maximum extent permitted by applicable laws, Flame Dragon has the right to retain your game data and information (including in-game character data and virtual item information) related to the game under the user account;
(4) You may not be able to use the in-game nickname you used before the user account is canceled as it may be taken by other users; and
(5) Your cancellation of a user account in a certain game will not affect the validity of your user account in other games. You may still log in with your user account and use other products and services provided by Flame Dragon. Unless otherwise specified in this Agreement, your rights and interests in other products and services will not be affected.
11.4 Suspension or Termination Due to Force Majeure and Other Reasons
In case of any of the following circumstances, Flame Dragon has the right to suspend products and services without assuming any responsibility. However, in such cases, Flame Dragon promises to use its best commercial efforts to resume products and services as soon as possible:
(1) Flame Dragon has been implementing necessary maintenance and construction on relevant website servers and product servers, as well as other network equipment and websites related to the products and services provided on a regular basis. Every day's downtime for maintenance is open for inquiry in Flame Dragon' website and product announcements;
(2) Flame Dragon, based on its own discretion, has been implementing necessary maintenance and construction on relevant website servers and game servers, as well as other network equipment or websites related to the products and services provided from time to time;
(3) A suspension or termination is needed due to any failure, malfunction, or personnel's improper operation of third party software and hardware such as the telecommunication network and operator system;
(4) Flame Dragon' network has been hacked, the website data has been tampered with, deleted, forged or fabricated, or there has been conducts that jeopardize the normal operation of Flame Dragon' computer system;
(5) A suspension or termination is needed in emergency circumstances regulated by law or the circumstances for the personal security of the user and any third party;
(6) A suspension or termination is needed due to the requirements of relevant authorities based on laws or legal procedures;
(7) A suspension or termination is needed due to other provisions based on laws or national policies; or
(8) A suspension of products or services is required due to other force majeure reasons.
11.5 Consequences of Termination
11.5.1 If Flame Dragon terminates the provision of all products and services to the user, this Agreement shall be terminated at the same time.
11.5.2 You understand and agree that if this Agreement is terminated for any reason, you will no longer be able to use your user account at the appointed time. To the maximum extent permitted by applicable laws, Flame Dragon has the right to clear the game proceeds in such user account, including but not limited to membership levels, game characters, virtual items that have not been used or expired, and delete all relevant documents, files and any records in the user account. If this Agreement is terminated due to your breach of contract, Flame Dragon does not need to refund or compensate you for any funds under the user account, virtual items that have not been used or expired and other game proceeds.
11.5.3 You understand and agree that if Flame Dragon finds out or receives complaints from a third party that you have violated laws and regulations or conducted breaches of contract before the termination of this Agreement, Flame Dragon will have the right to investigate your corresponding legal liabilities according to law and this Agreement even after the termination of this Agreement.
12 Intellectual Property Rights and Ownership
12.1 Ownership
12.1.1 The copyright, patent right, trademark right, trade secret, other intellectual property rights, ownership and rights of any information, data and technologies (including relevant software) related to the products and services provided by Flame Dragon shall be the property of Flame Dragon or the legit obligees. Unless legally authorized in writing by Flame Dragon or the legit obligees in advance, or otherwise expressly stipulated by law, users are not allowed to use, reproduce, disseminate, forge, imitate, modify, adapt, translate, compile, publish, or conduct reverse engineering like decompiling and disassembling on any content in any form without authorization. The content may be involved includes but is not limited to software, codes, technical information, arts, music and materials. If the user fails to comply with the provisions of this clause, Flame Dragon may immediately terminate the provision of any products and services to the user, investigate its liability for breach of contract or infringement according to law, and require the user to compensate Flame Dragon for all losses. In addition, the user must destroy all aforementioned contents that have been obtained as required by Flame Dragon.
12.1.2 Flame Dragon reserves the right to dispose of the products, services and contents of which Flame Dragon has intellectual property rights and ownership or that Flame Dragon is authorized to use in any way at any time, including but not limited to disposal by modifying, transferring, licensing, re-licensing or other methods permitted by any laws and regulations.
12.2 Third-party Services
Your use of products and services may involve the use of functions, software or services developed and operated by a third party. In addition to complying with relevant provisions of this Agreement, you shall also abide by relevant regulations of third parties and respect the rights of third-party obligees related to their functions, software, services and contents contained therein. You shall earnestly protect the intellectual property rights of third parties and shall not infringe upon the relevant legitimate rights and interests of others. In case of any infringement, you shall undertake corresponding responsibilities by yourself, and Flame Dragon has the right to claim compensation from you for losses caused thereby.
13 Data Information
13.1 Data Storage and Processing
13.1.1 In order to provide you with better products and services, Flame Dragon has the right to store and process the personal information data, game data, interactive data, login information, operation information, maintenance logs and other data generated during your use of the products and services according to law. As for your personal information, Flame Dragon will abide by applicable laws and privacy policies. In order to improve the performance of products and services, Flame Dragon has the right to clear historical data beyond the legal retention period and scope at its discretion, and users shall back up relevant data by themselves.
13.1.2 Unless otherwise provided by law, all data (including but not limited to virtual items) on all servers provided by Flame Dragon shall be Flame Dragon' property and Flame Dragon shall be entitled to the corresponding use benefits.
13.1.3 To ensure accuracy and avoid disputes, the user agrees that the data stored in Flame Dragon' servers shall be used as the judgment standard for relevant technical data and information involved in this Agreement. Flame Dragon ensures the authenticity of the data.
13.1.4 You understand and agree that Flame Dragon has the right to restore the server data to a certain time point in case of server data exception (including data exception caused by program bugs), for which Flame Dragon will not assume any responsibility.
13.2 Use of Data
In order to optimize products and services, Flame Dragon has the right to reasonably use, by itself or in cooperation with a third party, the data generated during your use of the products and services under the condition of complying with laws.
14 Limitation of Liability
14.1 No Express, Implicit or Implied Warranty
To the maximum extent permitted by law, Flame Dragon does not provide any warranty, express or implied, including but not limited to any warranties and responsibilities of merchantability, fitness for purpose, reliability, accuracy, completeness, virus-free and error-free. Flame Dragon does not guarantee that the products and services provided by Flame Dragon will meet your requirements or will not be suspended, nor does it guarantee the timeliness, safety and freedom from interference of products and services, as well as whether information will be accurately, timely and smoothly transmitted.
14.2 Exemption from Liability for Force Majeure and Other Reasons
For suspension of products and services, loss of data or short messages sent by users, garbled codes, wrong reception, reception failure, delayed reception, game retracement, deletion of game characters, loss of virtual items or property, and other user losses, risks and delays in providing relevant products and services by Flame Dragon caused by unforeseeable, uncontrollable and inevitable objective events of either party (including but not limited to government actions, promulgation of national laws and regulations or new decrees of regulatory authorities, policy changes, failures of domestic and overseas basic telecommunication operator and mobile communication networks, various technical defects, coverage restrictions, computer viruses, and hacker attacks, collectively referred to as "force majeure"), user factors such as user location, user shutdown, personal errors, wrong or improper operations, partner factors, intentional or negligent acts of others, and other reasons beyond the scope of Flame Dragon' competency, Flame Dragon will assume no responsibility, and you agree not to hold Flame Dragon accountable for that.
14.3 Exemption from Liability for Consequential Damages
To the maximum extent permitted by applicable laws, Flame Dragon shall not be liable for any indirect or punitive damages or requests (including but not limited to damages caused by breach of contract, infringement, personal injury, disclosure of privacy, failure to perform any responsibility including good faith and reasonable care, negligence and any pecuniary loss or other losses) arising from users' use of or anyhow in connection with Flame Dragon' products and services.
14.4 Exemption from Liability Involving Third Party
The specific products and services may be provided to you by Flame Dragon through cooperation with a third party. To the maximum extent permitted by applicable laws, the losses caused to you due to such third-party services shall be settled through negotiation between you and the third party, and Flame Dragon will not assume any responsibility.
14.5 Cap on Compensation
To the maximum extent permitted by applicable law, the cumulative legal liability of Flame Dragon and its affiliates arising out of or in connection with this Agreement or Flame Dragon' products or services shall not exceed one hundred dollars ($100 USD).
15 Protection of User Information
15.1 Protection of Personal Information
Flame Dragon attaches great importance to the protection of your personal information and will take reasonable measures to ensure the security of your personal information. Please refer to the Privacy Policy for details on how Flame Dragon will collect, use, store, share and protect your personal information. By agreeing to this Agreement, you agree to authorize Flame Dragon to collect, use, store, share and protect your personal information within the scope permitted by applicable laws in accordance with the requirements of the Privacy Policy.
15.2 Disclosures
Unless otherwise specified in the Privacy Policy, Flame Dragon will not disclose your personal information and non-personal information to any company, organization or individual without your consent, except for the following circumstances:
(1) The information is provided at the request of judicial organs, arbitration institutions or administrative authorities through legal procedures;
(2) A lawsuit or arbitration is filed against you to safeguard the legitimate rights and interests of Flame Dragon;
(3) The information is provided at the request of your guardian; or
(4) Other circumstances for which the information shall be disclosed according to laws and regulations exist.
15.3 Commercial Information
You agree to accept promotional information and other commercial information of products and services sent by Flame Dragon to you through text messages/emails. When you decide that you no longer need to receive such commercial information, you may follow the relevant guidelines to unsubscribe from SMS/email notifications.
16 Legal Liability
You agree to protect and safeguard the interests of Flame Dragon and other users. If you cause losses to Flame Dragon or any other third party due to your violation of relevant laws, regulations or any terms hereunder, you agree to take all legal liabilities arising therefrom and compensate for corresponding losses, including but not limited to attorney fees, arbitration fees, litigation costs, notarial fees, preservation insurance premiums paid by Flame Dragon and its affiliates, agents, employees, partners, etc. to safeguard their legitimate rights and interests.
17 Miscellaneous
17.1 Severability
If any provision of this Agreement is or becomes invalid or unenforceable in whole or in part for any reason whatsoever, the remaining provisions of this Agreement shall remain valid and binding on the Parties.
17.2 Headings
The headings in this Agreement are for convenience only and do not affect or limit the meaning or interpretation of the provisions. In order to protect your rights and interests, you shall carefully review the specific expressions of each provision. If you have any questions about this Agreement, please contact Flame Dragon for customer service consultation at FlameDragonyl@gmail.com .
17.3 Notices
All notices sent to you under this Agreement may be made by announcement on important pages, emails or regular communications, mobile phone SMS, Flame Dragon client message push, etc. Such notices shall be deemed as delivered to the recipient on the date of sending. The contact information you provide to Flame Dragon may be used as your valid judicial address for service of justice and arbitration proceedings. Your notice to Flame Dragon may be sent through the designated channel published by Flame Dragon.
17.4 Validity
This Agreement shall come into effect when you check "Consent" or begin to use Flame Dragon products and services.
Annex 1 Dispute Resolution and Applicable Law
SECTION 1—— Governing Law & Dispute Resolution (Rest of World, except mainland China, United States of America, Japan and Korea)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF THIS AGREEMENT, EXCLUDING CONSUMERS AND PERSONS WHO ARE RESIDENTS OF MAINLAND CHINA，THE UNITED STATES OF AMERICA, JAPAN AND KOREA. Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
Except to the extent that the applicable laws and regulations of user’s jurisdiction mandate otherwise, the laws of the People's Republic of China (excluding the law on choice of law for foreign-related civil relationships or other similar regulations) shall apply to the interpretations and application of relevant regulations on products and services provided by Flame Dragon as well as the relationship of rights and obligations between users and Flame Dragon generated by the use of products and services of Flame Dragon. All disputes relating to the Service Terms, including but not limited to disputes arising from the conclusion or performance of the Service Terms, disputes incurred in the process of performance of the Service Terms as well as disputes arising out of products and services hereunder or otherwise arising out of or in connection with the performance of this Agreement shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with the CIETAC's arbitration rules then in effect at the time of applying for arbitration. The arbitral award is final and binding upon both Parties. The seat of the arbitration will be Beijing. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
SECTION 2——Dispute Resolution (United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
If you live in the United States of America, you andFlame Dragoneach agree that this Agreement including but not limited to any Dispute, controversy, difference, or claim arising out of or relating to this Agreement or Flame DragonServices, including the existence, validity, interpretation, performance, breach or termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to this Agreement or Flame DragonServices shall be governed by and construed under the laws of the United States of America, excluding its conflict of law principles.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting this Agreement, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you andFlame Dragonwill be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).
You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.
For the purposes of this Agreement, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and Flame Dragon regarding any aspect of your relationship with Flame Dragon, including those arising out of this Agreement or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
a. Binding Individual Arbitration. If you live in the United States of America, you and Flame Dragon agree that, except as provided in subsection (e) below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and Flame Dragon further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting this Agreement, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of your residence. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.
You or Flame Dragon may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
b. Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both Flame Dragon and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other customer or User. Notwithstanding any other provision of this Agreement, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 19A shall be null and void.
c. Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Agreement.
d. Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and Flame Dragon may opt out of the arbitration procedures described above. If you do so, neither you nor Flame Dragon can force the other to arbitrate.
You or Flame Dragon may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE Flame Dragon WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your in-game username and the email address you used to set up your in-game account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with Flame Dragon through arbitration. You must mail your opt-out notice to FlameDragonyl@gmail.com. If you do not provide Flame Dragon with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to this Agreement, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
e. Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the Flame Dragon Services, and/or your relationship with Flame Dragon.