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Special declaration: Famous Heart Ltd. and its affiliates ("Archosaur Games") resolutely committed to the one-China principle, and are of the view that the government of the People's Republic of China is the sole legal government representing the whole of China and Taiwan is an inalienable part of China's territory.
Welcome to apply for services of Archosaur Games Platform. Before registering as a user of the Archosaur Games Platform (www.archosaur.io) or receiving products and services of the Archosaur Games Platform, please read all contents, terms and conditions of the Service Terms (especially contents in bold and red) in full detail, and minor (i.e. non-adult) users are suggested to read them with the guidance of parent or guardian. If any user does not agree about any content, terms and conditions herein, please do NOT register or use services of the Archosaur Games Platform.
1. Overview
The Archosaur Games Platform is operated by Famous Heart Ltd., and affiliates thereof. The Service Terms is a legal agreement (hereinafter “Agreement”)concluded by and between a user and Famous Heart Ltd., and its affiliates thereof.
"Affiliate" means, in respect of any entity, any natural person or firm, corporation, partnership, association, trust or other entity which is directly or indirectly controlled by or is under common control with the subject entity and a natural person or entity which has an entity as an affiliate under the foregoing shall also be deemed to be an affiliate of such entity.
Famous Heart Ltd. and its affiliates thereof are collective referred to as "Archosaur Games". The term "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of any Person, or the right to appoint or remove a majority of the directors or executive officers of a Person, or of the power to veto policy decisions of any Person, whether through the ownership of voting securities, by contract, or otherwise.
"User" refers to an individual who is willing to receive or has actually received products and/or services of the Archosaur Games Platform.
"Person" or "person" includes a reference to any individual, firm, company, corporation or other body corporate, government, state or agency of a state, or any joint venture, association or partnership (whether or not having separate legal personality).
Unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter).
2. Confirmation and Acceptance of the Service Terms
The Service Terms are general terms applicable to a user receiving products and services of the Archosaur Games Platform. The scope of validity of the Service Terms covers all products and services on the Archosaur Games Platform. When a user enjoys any individual service of the Archosaur Games Platform, the Service Terms shall be binding upon him. When a user uses any individual service of the Archosaur Games Platform, the use of the said user will be deemed as his written agreement about the Service Terms on the said individual service and all announcements made by Archosaur Games on the said individual service to the extent that the user is offered a chance to read the Service Terms.
Users have reviewed, known, understood and agreed that only if a user clicks "Accept" or "Agree" or actually uses any service of the Archosaur Games Platform, it will be interpreted/deemed that the user has fully read, understood and agreed about the agreement concluded by and between him and Archosaur Games and the full Service Terms, and he is willing to accept all contents, terms and conditions hereof. In case of any dispute thereafter, the user shall not make a defense in any form by the excuse of not reading the Service Terms.
Users have reviewed, known, understood and agreed to all terms of the Archosaur Games Platform website and FAQ Center to be followed include but not limited to recharging policies, game management rules, specifications on transactions of players, GM service policies, plug-in disposal processes, ID theft processes and other specifications. Such specifications are effective and intergral parts of the Service Terms, and have the same legal force as the Service Terms.
3. Amendment to the Service Terms
Users have reviewed, understood, known and agreed that along with any change in operations, Archosaur Games shall have the right to modify the Service Terms and relevant service rules, terms and conditions at any time. Archosaur Games shall have the right to modify the Service Terms and relevant terms on all individual services in a reasonable way by making an announcement on the webpage, etc. when necessary, and have the right not to separately notify every user as long as a copy of the said amendments are available on the Archosaur Games Platform and the user is reminded to read such amendments. When enjoying any individual service, a user shall promptly consult and learn about modified contents, and comply with the Service Terms and relevant terms (as amended) on the said individual service. If a user disagrees with the Service Terms or relevant service rules or any modifications made by Archosaur Games, the user is required to stop using products and services provided by Archosaur Games. If a user continue to use products and services provided by Archosaur Games after Archosaur Games modify him of any agreement or service rules as well as any amendments, it will be deemed/interpreted that the user agrees about all modifications made by Archosaur Games to the Service Terms and relevant service rules. As for any losses or damaged suffered by a user who does not read provisions of an announcement on the modifications and the modifications to the Service Terms, Archosaur Games will not be liable in any manner whatsoever.
4. Intellectual Property Rights and Ownership Statement
The copyright, patent right, trademark, business secretes, other intellectual property rights, ownership or other rights of all information, materials and technologies (including relevant software) related to the products and services provided by the Archosaur Games Platform are owned by Archosaur Games or relevant obligees. Save as legally authorized in writing by Archosaur Games or the obligee concerned in advance, a user shall not amend, copy, spread, transmit, present, implement, replicate, issue, authorize, produce, distribute, sub-license, loan, adapt, merge, translate, reverse engineer, decompile, disassemble intellectual property rights, any derivative works of, transfer or sell the said information, materials, software, products and services. If a user fails to comply with the aforesaid provisions of this clause, Archosaur Games may immediately stop providing products and services for the said user without prejudice to any rights and remedies. The said user shall immediately destroy all of the aforesaid information, materials, software and products obtained. In the meanwhile, Archosaur Games shall be entitled to claim compensations and other rights conferred by law against the said user.
Users agree not to use services of the Archosaur Games Platform via any interface not provided by Archosaur Games. Users agree and undertake that if they find anybody who violates any term hereof or any service specifications, they will immediately inform the FAQ Center of Archosaur Games.
Archosaur Games shall have the ownership of any data (including but not limited to account data, game data and data derived from systems) and intellectual property rights generated when users are using the software of Archosaur Games or receiving services or products of Archosaur Games. Users are only entitled to use the aforesaid data and information in accordance with the Service Terms and relevant game rules and for no other purpose or in any other manner.
Users understand, know and agree that all data (including but not limited to virtual goods) and intellectual property rights on the servers provided by Archosaur Games are owned by "Archosaur Games". Subject to normal use and receipt of the services by the user, Archosaur Games shall have the right to decide whether to retain data on the servers in whole or in part.
Data and intellectual property rights of various virtual goods in products and services of Archosaur Games, including but not limited to virtual coins, gold ingots, silver ingots, gold, silver, game currencies, props and equipment, are parts of services provided by Archosaur Games and are owned by Archosaur Games. Users can only use some virtual goods in compliance with laws and the Service Terms, and may be approved by Archosaur Games to use some through game behaviors, rewards, receipt of presentation, exchange and recharging. The "exchange/transfer of virtual goods" of users specified hereunder refers to the "exchange/transfer of right of use of virtual goods". Users shall have no right to exchange/transfer the ownership of virtual goods.
5. Introduction to Account Services of the Archosaur Games Platform
The "account of the Archosaur Games Platform" specified hereunder refers to the legal and valid account registered by a user. Archosaur Games uses its own operation system to provide various services for users via the Internet. Users shall independently prepare the computer and network devices necessary for registration and use of the Internet, and be responsible for all fees necessary for surfing the Internet by themselves. After a user succeeds in application for registration, Archosaur Games shall be entitled to allocate an account of the Archosaur Games Platform to the user according to business operations of products of Archosaur Games. In enjoying various services of Archosaur Games, users agree to accept various information services provided by Archosaur Games.
Users understand, know and agree that once an account is set, the account cannot be changed, while password may be changed by the users on the Archosaur Games Platform.
Users understand, know and agree that the registration of an account of the Archosaur Games Platform is a behavior of conclusion of an independent service contract. However, Archosaur Games shall be entitled to manage different accounts under the same user name separately or overall. Users undertake to register an account of the Archosaur Games Platform by true identity, ensure that personal identity information provided is true, complete and valid, and be liable for the information provided in accordance with laws and the Agreement. If the registration materials or information of a user is changed, the user is required to log on the account to update them immediately. However, for the change in some important information such as encryption and personal ID number, the user shall provide personal identity certification materials, and the change can be made after the said materials are submitted and successfully passed the review of Archosaur Games. Archosaur Games will provide this service promptly and effectively.
Archosaur Games shall be entitled to check whether the identity information provided by a user for registration is true and valid. If any materials provided by the user for Archosaur Games is inaccurate, untrue or invalid, Archosaur Games may stop providing products and services for him. Users agree that true and accurate materials are provided for registration of an account of the Archosaur Games Platform and are unique evidences for affirming the relevance of users with accounts of the Archosaur Games Platform and identity of users. When a user claims that he has certain account, if the identity information records of the said account at Archosaur Games are inconsistent with the identity information of the user, Archosaur Games will have the right not to affirm that the said account is owned by the user.
6. User Accounts, Passwords and Safety
Users shall be obliged to properly keep and use names and passwords of accounts of the Archosaur Games Platform as well as other relevant identity information and certificates relating to the accounts of the Archosaur Games Platform. Users shall have rights and undertake responsibilities for behaviors under accounts after logon. The person using an account will be deemed as user himself, any behaviors conducted by him will be deemed as behaviors of the user, and the user shall be responsible for all behaviors conducted under the said account. Users know and agree that email is the unique and only approach for getting back or reset the password of an account of Archosaur Games. After the success of rapid registration of a user, Archosaur Games will remind user to complete email identification as soon as possible on the Archosaur Games Platform. For the purpose of account security, a user shall complete email identification the soonest possible after registration. In the case of leakage of an account password or any other consequence for a user resulting from delay in using "email identification" function, the user shall be liable for all consequences himself.
Archosaur Games will take reasonable technical and management measures and so on to procure the security and effectiveness of accounts of users; users shall be obliged to properly keep their accounts and passwords, and use the accounts and passwords correctly and safely. If the failure of either party to fulfill the aforesaid obligation results in the loss of an account password, account theft, etc., therefore damaging rights of a user and any other person, such party shall bear legal liability arising therefrom.
Users understand, know and agree that Archosaur Games shall have the right to formulate different security level policies according to different importance of services, and require users to provide the identity authentication information and materials at the corresponding level, including but not limited to account number, password, phone number, date of birth, security materials, super identity authentication code and the original and copy of identity certificate (e.g. identity card and/or passport). After an applicant of a service passes identity authentication in a way specified by Archosaur Games, Archosaur Games will deem him as the user of an account and provide services according to his application. The User of the said account shall be liable for all consequences arising therefrom.
With the view of protecting the security of accounts of users, Archosaur Games advises users not to disclose accounts and passwords, provide them to any other person, lend, transfer or lease accounts to any other person. Users understand, know and agree that if an account or password is disclosed due to the fault of a user or infection of virus or Trojan of computer of a user or hijacking, malware, the user shall bear any losses arising therefrom by himself and no claims against Archosaur Games will be accommodated. Employees of Archosaur Games (including but not limited to administers and customer service staff of the website and forums of Archosaur Games) will not inquire the password of the user in any way. Users shall not disclose passwords to any other person, including employees of Archosaur Games. For the purpose of avoiding theft of accounts, please take the following preventive measures:
(1) avoid the setting of a simple account password easily to be guessed;
(2) avoid setting a password same as account number;
(3) do not enjoy or share an account with others;
(4) do not install any illegal or unknown application or software;
(5) log off of the account when leaving seat at any public place such as Internet bar, even if the leaving time is short.
If a user loses his password, Archosaur Games reserves the right to charge additional fees for services of solving such problem.
If a user finds that his account or password is used illegally by any other person or abnormally used, he shall immediately notify Archosaur Games in the way specified by Archosaur Games, and has the right to notify Archosaur Games to suspend the logon and use of the account. However, the user is required to provide valid personal identity information consistent with the identity information for registration in making an application. If Archosaur Games verifies that the valid personal identity information provided by the user is consistent with the identity information for registration, Archosaur Games shall take measures to suspend the logon and use of the account in a timely manner provided that Archosaur Games will not be liable for any consequences before such suspension. If Archosaur Games fails to take measures to suspend the logon and use of the user account as aforesaid, in violation of the aforesaid agreement, incurring losses to the user, Archosaur Games shall bear corresponding legal liability. If the user fails to provide his valid personal identity certificate information or the valid personal identity certificate information provided by the user is inconsistent with the identity information for registration, Archosaur Games will have the right to refuse the aforesaid request of the user.
Archosaur Games will provide users with some free or charged auxiliary tools to protect account passwords. However, users understand, know and agree that these tools can only enhance the security of accounts and passwords to a certain extent, and Archosaur Games does not guarantee that account passwords are safe absolutely after users use such auxiliary tools.
Users understand, know and agree that when data of a server are abnormal (due to application bug, for example), Archosaur Games may restore the data of the server to those in any time, for which Archosaur Games will not be liable for any consequences.
7. Privacy Protection
Users understand, know and agree that for the convenience of providing better services for users, Archosaur Games will collect the personal information of users in the circumstance that users willingly choose services or provide information, and integrate, process, transfer, duplicate, use or disclose such information. When a user uses any service of Archosaur Games, the server will automatically record some information, including but not limited to URL, IP address, browser type, use language, visit date and time. For the convenience of logon of users or use of services of Archosaur Games, Archosaur Games will use technologies including cookies when necessary, and send the information collected to the corresponding server. Users may choose receive or refuse cookies. If a user refuses cookies, the user may be unable to log on or use services or functions dependent on the cookies. The information collected by Archosaur Games will become a part of normal business archives of Archosaur Games, and may be transferred to a successor of Archosaur Games or a party designated by Archosaur Games for reason of transfer, merger, acquisition, restructuring, etc. Archosaur Games agrees to use the information collected for good faith, and take all measures to guarantee information safety.
In respect of any personal data (as defined in the Personal Data Protection Act 2012 of Singapore) that the user may provide or that Archosaur Games may collect in connection with the provision of services or products to the user and to the extent that user’s consent is required under law, the user agree and consent that Archosaur Games (together with its service providers and third parties appointed by Archosaur Games) may collect, use, disclose and process such personal data for the purposes identified in the Privacy Policies.
If the user provides Archosaur Games with any personal data relating to a third party, by submitting such personal data to Archosaur Games, the user also represents to Archosaur Games and must ensure that the user has notified the third party of the terms of the Privacy Policy and obtained his consent thereto.
The user further understands, acknowledges and agrees that where the transfer of user’s personal data records to jurisdictions outside Singapore may be necessary to give effect to the user’s instructions or to provide services or products to the user, the user is deemed to request and consent to Archosaur Games so transmitting the personal data of user or third party’s personal data provided by the user outside Singapore. Personal data may therefore be exported to, processed and accessed in countries whose laws provide a different level of protection, which may not necessarily be comparable to that provided in Singapore.
Respecting the personal privacy of users is a basic policy of Archosaur Games. Therefore, Archosaur Games will not make public or disclose the registration materials of users or non-public contents saved in various services of Archosaur Games, unless Archosaur Games believes with integrity that it is necessary to disclose such information in any of the following circumstances:
(1) Follow relevant legal provisions, court order, governmental instructions or arbitration tribunal decisions, including providing the registration information of users, the information issued by users on the Archosaur Games Platform and issue time, and IP addresses or domain names when relevant national authorities inquire.
(2) Maintain intellectual property rights and other important rights of Archosaur Games.
(3) Endeavor to maintain the privacy security of users and the general public in urgent situations.
(4) Disclose such information according to relevant provisions of this clause or in any other situation that Archosaur Games deems necessary.
Archosaur Games may provide relevant services for users by cooperating with a third party. If the said third party (such as a telecom operator, payment channel supplier, dealer of virtual goods or media) is a company legally operated and provides the same privacy protection for users, Archosaur Games will be entitled to provide the registration materials of users and so on for the said third party and the user hereby gives consent to such provision.
Please refer to the part of "Privacy Policies" of Archosaur Games for more contents of privacy policies.
8. Charge Policies
In providing products and services, Archosaur Games may charge some fees from users for some projects and services. In this situation, Archosaur Games will provide definite prompts on relevant webpages. If a user refuses to pay such fees, he will be unable to use relevant projects and services.
Users may independently accept or refuse chargeable projects or services of Archosaur Games, and shall ensure to pay fees according to relevant charge provisions of Archosaur Games in using chargeable projects or services. If a user refuses to pay fees or is in arrears with fees, Archosaur Games will have the right to stop or suspend relevant project or service, and recover losses and compensations according to law.
Archosaur Games will have the right to determine and change charge standards and collection methods of projects and services provided (including change from no charge to collection of fees). Archosaur Games may formulate different charge standards and collection methods for different projects and services or according to different stages of projects and services provided. The user will be deemed to accept such changes if it continues to use Archosaur Games Platform or its services and products after it is notified of the changes.
Additionally, Archosaur Games may modify charge policies from time to time. Archosaur Games will present the information on charge standards, collection methods and purchase methods or other relevant charge policies of relevant projects and services at a noticeable position of relevant webpages of such projects and services.
With the view of protecting the legitimate rights and interests of users and their rights to completely use products and services of Archosaur Games, it is suggested that users should purchase relevant products and services from distributors designated by Archosaur Games.
9. Prohibition of Commercialization of Services
Users undertake that without the prior written approval of Archosaur Games, users will not use any product or service of Archosaur Games for sales or any other commercial purpose, or make profits in reality by virtue of products and services provided by Archosaur Games.
10. User Management
With an account of the Archosaur Games Platform, users may upload the information necessary for the use of services on the servers of Archosaur Games. Users hereby authorize Archosaur Games to freely use any contents uploaded by users on a global basis without any charge.
Users shall be independently responsible for contents issued or uploaded by them. In using services, users shall comply with all local laws, state laws and international laws applicable to services. Users' undertakings are as follows:
(1) In issuing information on the Archosaur Games Platform or using services of Archosaur Games, users shall comply with all applicable laws and local decrees and network conventions. When a user manufactures, copies, issues or spreads information on the Archosaur Games Platform or in using products or services of Archosaur Games, the information shall not include the following:
(a) contents infringing upon the intellectual property right, copyright or public/private right of any third party;
(b) contents breaching any law or good custom;
(c) contents containing any virus, Trojan horse program, time bomb, malware, etc., which may damage or impact the stability of Archosaur Games or the computer system of any person;
(d) contents on obscenity, eroticism, gamble, violence, terror or subornation;
(e) contents on threat, harassment, insult, slander, racial discrimination and infringement upon legitimate rights and interests of others;
(f) contents on sensitive political issues;
(g) other contents prohibited by applicable laws and administrative regulations.
(2) Users shall use the notice boards, IM and other services of the Archosaur Games Platform in accordance with laws and regulations. In issuing information on the Archosaur Games Platform or using services of the Archosaur Games Platform, users shall follow laws of other relevant countries, jurisdictions and regions and relevant provisions of international laws.
(3) Users shall not conduct the following activities by virtue of services of Archosaur Games:
(a) entering into computer information network or using resources of the computer information network without permission;
(b) deleting, amending or increasing functions of the computer information network without permission;
(c) deleting, amending or increasing the data stored, processed or transmitted and applications in the computer information network without permission;
(d) producing and spreading destructive procedures such as computer viruses;
(e) using service systems for any illegal or immoral purpose;
(f) other behaviors damaging the security of the computer information network or reputation of Archosaur Games.
(4) Users shall not interfere with services of Archosaur Games in any way, or conduct any of the following activities:
(a) amending, conducting reverse engineering, decompiling, disassembling, copying or distributing the website of Archosaur Games or the software provided by Archosaur Games and so on;
(b) committing any act of abnormal use which may impact the network services of Archosaur Games (including but not limited to damaging or attacking any server or incurring over load of any server);
(c) using any product of Archosaur Games or receiving any service of Archosaur Games via any third-party software or with the assistance of any third-party software; committing any act destroying game rules and breaching game fairness;
(d) using any intellectual property right of Archosaur Games to create or provide the same or similar network services such as an emulation server and a private server, without the written approval of Archosaur Games;
(e) committing any act via any product or network service system of Archosaur Games, which may have a negative influence on the normal operation of the Internet or interfere with others in using any product and network service provided by Archosaur Games in a normal way;
(f) transmitting any information on harassment, slander, abuse, threat, obscenity or fraud or any other illegal information by virtue of the network service system of Archosaur Games;
(g) committing any act negative for Archosaur Games by virtue of the service system of Archosaur Games;
(h) using any material or information obtained not through a channel designated by Archosaur Games;
(i) consulting about any service, product or business of Archosaur Games or business partner thereof not through a customer service channel designated by Archosaur Games or any other special communication channel, or conducting relevant negative publicity about Archosaur Games and relevant services thereof publicly;
(j) obtaining virtual goods (including but not limited to virtual currencies, virtual props and equipment) in games in an abnormal way violating game use rules;
(k) making profits in reality by virtual or any products and services provided by Archosaur Games.
(5) Users shall not abuse services of Archosaur Games, including but not limited to: sending any rubbish / junk e-mail by virtue of on-site mail services provided by Archosaur Games and committing any other act infringing upon any intellectual property right or legitimate rights and interests of others by virtue of services of Archosaur Games.
(6) Users shall make every effort to maintain the security of their accounts and reasonably use their accounts.
(a) If an account is illegally used or a security hole occurs to any account, the user concerned shall immediately notify Archosaur Games;
(b) With the view of guaranteeing safety, Archosaur Games does not suggest any user to exchange or transfer the right of use of virtual goods in games (including but not limited to virtual currencies, virtual props and equipment);
(c) When an account is suspected of any illegal or irregular behavior such as account theft or plug-in, the user concerned shall coordinate with employees of Archosaur Games, faithfully answer questions relating to the use of products of Archosaur Games raised by game administrator so as to maintain the legitimate rights and interests in games of himself and other users;
(d) In issuing any information on the Archosaur Games Platform, users shall carefully protect personal privacy, and shall not disclose personal privacy information such as identity information, or arbitrarily disclose the privacy information of others. Archosaur Games does not bear any liability for the disclosure of the personal information of any user or third party due to fault of the user himself, and any losses, compensations and liabilities arising therefrom shall be borne by the user alone.
(7) Users shall comply with all other regulations and procedures of Archosaur Games.
Archosaur Games shall be entitled to take any actions according to the uploaded contents, including but not limited to shielding or deleting the information uploaded by users according to the claim made by any third party. Users understand if Archosaur Games finds that the information transmitted on its website obviously contains contents set out in Paragraph (1) above, Archosaur Games will be obliged to stop transmission immediately, make relevant records, report to relevant authorities in charge, and delete the address and contents containing such contents or close relevant server according to law. Users shall be liable for their behaviors in using services of Archosaur Games including but not limited to: making compensations for any victim and indemnifying Archosaur Games if Archosaur Games is held liable for administrative punishments or the liability for infringement damages due to any behavior of the user.
When users use electronic announcement services of Archosaur Games, including but not limited to electronic notice boards, electronic whiteboards, electronic forums, online chat rooms and message boards, to provide information issue conditions for web users, they shall also follow the provisions of this clause and electronic announcement rules specially issued by Archosaur Games. Legal consequences and legal liability specified in the preceding paragraph also apply to users of electronic announcement services. If any user does not conform to the aforesaid service clauses, Archosaur Games will make an independent judgment and have the right to immediately cancel the account of the user.
11. Period of Validity of Accounts of the Archosaur Games Platform
Users fully understand, know and agree to the period of validity of accounts of the Archosaur Games Platform, and agree to log on the accounts of the Archosaur Games Platform from time to time so as to extend the period of validity thereof.
Users understand, know and agree that before recharging for an account of the Archosaur Games Platform, the Archosaur Games Platform provides free services for users. In view of cost concern of free services, Archosaur Games shall have the right to terminate services for the accounts at any time according to operation demands without any liability to the users.
(1) General conditions for termination of services:
Users understand, know and agree that if an account of the Archosaur Games is not logged on for 360 days consecutively (calculated from the maturity date of time package of a user of time package) for the use of products and services of Archosaur Games, or a user has cancelled his account of the Archosaur Games Platform by himself, the service system of Archosaur Games will not retain the said account or relevant date thereof.
(2) Special circumstances of cancellation of accounts and suspension (i.e. cease for a certain period) and termination of services
If any user conducts any or some of the following acts, Archosaur Games shall be entitled to cancel the account of the said user or terminate or suspend all or part of services provided to the user at any time (including but not limited to banning all or part of accounts in the name of the user and forbidding the logon of some roles), and cancel or claim any benefits obtained by the user through irregular act(s) in a game at any time:
(a) violating the Agreement;
(b) abusing any right enjoyed;
(c) providing false registration information (including but not limited to the identity information and contact information);
(d) breaching other service rules issued by Archosaur Games or using services of Archosaur Games by any improper means;
(e) damaging rights and interests of Archosaur Games and any obligee, related enterprise or cooperative object thereof and the legitimate rights and interests of any other user (including but not limited to monopolizing game scenes, unreasonably preventing other users from normally obtaining benefits from games and other acts which may destroy game fairness or balance);
(f) violating prohibitive provisions in any applicable laws and regulations;
(g) breaching any social good custom or social morality;
(h) violating relevant regulations of Archosaur Games;
(i) leading Archosaur Games to be involved in any political or public incident when using any Archosaur Games services or products；
(j) in addition to the aforesaid circumstances, committing any other improper act in receiving services of Archosaur Games.
If one account or several accounts registered in the name of the same user is involved in any act in violation of the Agreement, Archosaur Games shall be entitled to suspend or terminate services of some or all accounts in the name of the said user, or cancel some or all of such accounts, according to actual conditions.
When an account of the Archosaur Games Platform is deleted, all materials of the said account and all service materials and data of the said account (including but not limited to the basic information of the account, virtual data and game account information) will be deleted at the same time and cannot be restored. The name of the said account may be registered by a new user after deletion.
12. Suspension of Network Services
In any of the following circumstances, even if not notified to the user, Archosaur Games will have the right to suspend the network services provided by it, without any liability to the user concerned:
(1) regularly conducting necessary maintenance and construction for relevant web servers or game servers and other network equipment or relevant official websites of products and network services provided; users may inquire downtime maintenance time every day on the official website of Archosaur Games and in game announcements;
(2) according to judgments of Archosaur Games, conducting necessary maintenance and constructions for relevant web servers or game servers and other network equipment or relevant official websites of products and network services provided;
(3) occurrence of any fault, failure to work or artificial negligence of Archosaur Games, any partner of Archosaur Games or any software or hardware equipment of telecom network system;
(4) others intruding into or hijacking the network of Archosaur Games to alter, delete, forge or draw up website data, or committing any act influencing the normal operation of the computer system of Archosaur Games;
(5) force majeure;
(6) orders from relevant authorities or for the purpose of meeting requirements of laws or legal procedures;
(7) for compliance with other provisions of laws or national policies.
13. Change and Termination of Network Services
Users may stop using any network services provided by Archosaur Games according to actual conditions.
Archosaur Games reserves the right to change or suspend services at any time. Users agree that Archosaur Games has the right to exercise the aforesaid rights, without liability to the users or any third party.
14. Testing Server and Experience Server
Testing server (TS) refers to the server providing products and services for users in the testing (including but not limited to close testing, internal testing and public testing) period of games published / released by Archosaur Games.
Experience server (ES) refers to the server launched by Archosaur Games in some games to test the game systems and contents of the latest version. Users may experience the latest products and services in the experience server.
All materials in the TS and ES are not within the scope of services and custody. Once a user logs on the TS or ES and receives game services of the TS or ES, it will be deemed / interpreted that the said user is willing to accept the following terms:
(1) Service contents provided by the TS or ES are informal, may be different from official service contents, and instability of procedures or loss of data may occur. Archosaur Games will not be liable for all abnormalities arising from users playing games in the TS or ES.
(2) Archosaur Games will maintain the TS or ES from time to time, and delete data of the TS or ES in whole or in part according to demands (including but not limited to roles, experience points, props and relevant records and information in accounts of users), or legally use such data.
(3) In view of instability of the TS and ES, Archosaur Games shall have the right not to provide all customer services announced at the official websites of games for users logging on the TS and ES.
(4) Archosaur Games will not be liable for any person for any losses arising from log-on of the TS or ES, or receiving services provided by the TS or ES.
15. Interlinkages and Advertising Information
All interlinkages provided by Archosaur Games on relevant webpages of the Archosaur Games Platform may be connected to the websites of any other person, company or organization. Such websites are provided to facilitate users searching or obtaining information by themselves. Archosaur Games does not guarantee the authenticity, completeness, timeliness, truthfulness, accuracy, correctness or reliability of products, services or information provided by linked persons, companies or organizations; such person, companies or organizations do not have any employment, entrustment, agency, partnership or other similar relations with Archosaur Games. The users are not entitled to rely on such interlinkages nor will Archosaur Games accommodate any claims for such interlinkages.
In the process of providing Archosaur Games Platform and relevant network services, Archosaur Games may publish business advertisement or other information on promotion activities at relevant positions. Such advertisement or information on promotion activities are provided by advertising agencies and suppliers of commodities or services, and bear corresponding liability. The Archosaur Games Platform is the only media of issue of advertising information. The transaction behavior of a user purchasing any goods or service through the Archosaur Games Platform or a linked website only occurs between the said user and supplier of commodity or service, is irrelevant to Archosaur Games, and Archosaur Games is not liable for such transactions between the user and the supplier of the goods or service.
16. Liability for Breach of the Agreement
Users understand, agree to guarantee and maintain interests of Archosaur Games and other users. If any user incurs losses to Archosaur Games or any other third party due to violation of any provision of relevant law, regulation or the Service Terms, the user shall agree to indemnify Archosaur Games against damages arising therefrom (including but not limited to litigation costs paid for legal actions, administrative procedures, etc., lawyer's fees and other actual losses, costs and fees).
Users agree to indemnify Archosaur Games against all damages and liabilities arising from their violation of relevant laws, regulations or the Service Terms.
17. Refusal of Provision of Guarantee and Disclaimer
Users understand, know and agree that providers of contents shall be liable for any instant information uploaded, posted or sent via the Archosaur Games Platform or any messages, materials, words, software, music, audios, photos, figures, videos, information, registration materials of users or other materials (hereinafter referred to as "contents") sent in any other way, whether publicly or privately. Archosaur Games is under no obligation to control contents transmitted via the Archosaur Games Platform or implement comprehensive control over behaviors of users, Archosaur Games does not guarantee the legality, accuracy, completeness, authenticity or quality of the contents. Users understand, know and agree that they may contact unpleasant, improper or disgusting contents in using services of Archosaur Games, and agree to make judgments by themselves and take care of all risks, and will not rely on Archosaur Games in this regard.
Users agrees to take care of the risks of using services of Archosaur Games. Accounts and services of Archosaur Games are provided to users on an "as is" basis. To the maximum extent allowed by laws, Archosaur Games excludes any guarantee for users, whether express or implied, including but not limited to any implied guarantee and responsibility for marketability, applicability, reliability, accuracy, completeness, no virus and no error. To the maximum extent allowed by applicable laws, Archosaur Games does not guarantee that products and services provided by Archosaur Games will satisfy requirements of users, or services provided will not be suspended, or guarantee the timeliness, security or occurrence of error of products and services, or accurate, timely and smooth transmission of information. Archosaur Games disclaims any guarantee, including that for accurate, timely and smooth transmission of information. Users understand and accept that downloading or obtaining any information via products and services of Archosaur Games depends on users themselves, and users are liable for system damage, loss of materials and any other risks. Archosaur Games does not guarantee any goods purchase services and transaction processes obtained on service websites.
To the maximum extent allowed by applicable laws, Archosaur Games shall not be liable for unexpected, indirect, special, punitive, consequential or indirect damages or requests arising from users using products and services of Archosaur Games or relating to products and services of Archosaur Games in any respect (including but not limited to damages incurred by any personal injury, privacy leak, failure to fulfill responsibilities including integrity or due care, negligence, monetary loss or any other loss).
Archosaur Games explicitly declares that no guarantee of any type, whether express or implied, will be provided. Archosaur Games does not guarantee that services will meet requirements of users, or services will not be suspended, and does not guarantee the timeliness, security, authenticity and no error of services. Users will not receive any oral or written opinions or information from Archosaur Games, and Archosaur Games does not make any explicit or implied guarantee.
18. Disclaimer
Archosaur Games shall not be liable for direct, indirect, accidental, special and inherited damages arising from improper use of products and series, purchase of commodities or similar services on the Internet, online transactions, illegal use of services or any change in the information transmitted by users. Such damages will damage the reputation of Archosaur Games, so Archosaur Games has indicated the probability of such damages.
Archosaur Games shall not be liable for the interruption of services, loss of contents of short messages sent by users, messy codes, false receipt, failure to receive or late receipt incurred by any fault of mobile communication networks of domestic and overseas basic telecom operators involved in communication services, technical defects, restrictions to coverage, force majeure, computer viruses, hacker attack, user location, shutdown of computer of users or any other causes not within the scope of technical capacity of Archosaur Games.
To the extent allowed by applicable laws and regulations, the maximum damage payable by Archosaur Games to any one individual user will be capped at USD 100 or its equivalent.
19. Statement of Rights
That Archosaur Games does not exercise, or fails to exercise in time or in full the Service Terms or any right enjoyed according to legal provisions shall not be deemed that Archosaur Games waives the said right, or affect the future exercise of the said right by Archosaur Games.
20. Settlement of Disputes and Governance of Laws
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 Archosaur Games as well as the relationship of rights and obligations between users and Archosaur Games generated by the use of products and services of Archosaur Games. 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.
If any content of the Service Terms conflicts with any mandatory law, the said law shall prevail. Archosaur Games will interpret amend relevant term, and the legal force of other parts of the Service Terms shall not be affected.
21. Information Storage and Relevant Intellectual Property Rights
Archosaur Games will endeavor to maintain the security and convenience of all services, but Archosaur Games will not be liable for deletion or failure of storage of any information generated in services or products (including but not limited to the information issued or uploaded by users).
Additionally, Archosaur Games reserves the right to determine whether a behavior of any user meets requirements of the Service Terms. If any user breaches any provision of the Service Terms, Archosaur Games will have the right to suspend or terminate services provided for his account on the Archosaur Games Platform.
Regarding services in the account of the Archosaur Games Platform, the uploading by a user of any works originally created by the user or reprinted by the user upon authorization of the copyright owner means that the user or the copyright owner acted on behalf by the user grants the free, irrevocable, global and permanent right of use and usufruct of the works uploaded to Archosaur Games. However, the user or the original copyright owner still owns the copyright of the works uploaded.
22. Delivery and Notice
All notices under the Service Terms may be issued through an important webpage announcement, e-mail or regular letter, etc.; such notices shall be deemed as having been delivered to recipients on the date of issue notwithstanding that the user may not read it as a matter of fact.
23. Other Provisions
The contents, charge standards, collection methods, service fees and service terms of each service provided by Archosaur Games for users shall be subject to the latest notice issued.
If any content of the Service Terms becomes invalid or unenforceable in whole or in part for any reason, other contents of the Service Terms shall be still valid and binding upon all Parties to the Agreement.
Opinions and suggestions of users on any part of services or any part of the Service Terms may be sent to Archosaur Games via customer service department, with the e-mail address for contact: service_global@zulong.com.
Welcome to apply for services of Archosaur Games Platform. Before registering as a user of the Archosaur Games Platform (www.archosaur.io) or receiving products and services of the Archosaur Games Platform, please read all contents, terms and conditions of the Service Terms (especially contents in bold and red) in full detail, and minor (i.e. non-adult) users are suggested to read them with the guidance of parent or guardian. If any user does not agree about any content, terms and conditions herein, please do NOT register or use services of the Archosaur Games Platform.
1. Overview
The Archosaur Games Platform is operated by Famous Heart Ltd., and affiliates thereof. The Service Terms is a legal agreement (hereinafter “Agreement”)concluded by and between a user and Famous Heart Ltd., and its affiliates thereof.
"Affiliate" means, in respect of any entity, any natural person or firm, corporation, partnership, association, trust or other entity which is directly or indirectly controlled by or is under common control with the subject entity and a natural person or entity which has an entity as an affiliate under the foregoing shall also be deemed to be an affiliate of such entity.
Famous Heart Ltd. and its affiliates thereof are collective referred to as "Archosaur Games". The term "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of any Person, or the right to appoint or remove a majority of the directors or executive officers of a Person, or of the power to veto policy decisions of any Person, whether through the ownership of voting securities, by contract, or otherwise.
"User" refers to an individual who is willing to receive or has actually received products and/or services of the Archosaur Games Platform.
"Person" or "person" includes a reference to any individual, firm, company, corporation or other body corporate, government, state or agency of a state, or any joint venture, association or partnership (whether or not having separate legal personality).
Unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter).
2. Confirmation and Acceptance of the Service Terms
The Service Terms are general terms applicable to a user receiving products and services of the Archosaur Games Platform. The scope of validity of the Service Terms covers all products and services on the Archosaur Games Platform. When a user enjoys any individual service of the Archosaur Games Platform, the Service Terms shall be binding upon him. When a user uses any individual service of the Archosaur Games Platform, the use of the said user will be deemed as his written agreement about the Service Terms on the said individual service and all announcements made by Archosaur Games on the said individual service to the extent that the user is offered a chance to read the Service Terms.
Users have reviewed, known, understood and agreed that only if a user clicks "Accept" or "Agree" or actually uses any service of the Archosaur Games Platform, it will be interpreted/deemed that the user has fully read, understood and agreed about the agreement concluded by and between him and Archosaur Games and the full Service Terms, and he is willing to accept all contents, terms and conditions hereof. In case of any dispute thereafter, the user shall not make a defense in any form by the excuse of not reading the Service Terms.
Users have reviewed, known, understood and agreed to all terms of the Archosaur Games Platform website and FAQ Center to be followed include but not limited to recharging policies, game management rules, specifications on transactions of players, GM service policies, plug-in disposal processes, ID theft processes and other specifications. Such specifications are effective and intergral parts of the Service Terms, and have the same legal force as the Service Terms.
3. Amendment to the Service Terms
Users have reviewed, understood, known and agreed that along with any change in operations, Archosaur Games shall have the right to modify the Service Terms and relevant service rules, terms and conditions at any time. Archosaur Games shall have the right to modify the Service Terms and relevant terms on all individual services in a reasonable way by making an announcement on the webpage, etc. when necessary, and have the right not to separately notify every user as long as a copy of the said amendments are available on the Archosaur Games Platform and the user is reminded to read such amendments. When enjoying any individual service, a user shall promptly consult and learn about modified contents, and comply with the Service Terms and relevant terms (as amended) on the said individual service. If a user disagrees with the Service Terms or relevant service rules or any modifications made by Archosaur Games, the user is required to stop using products and services provided by Archosaur Games. If a user continue to use products and services provided by Archosaur Games after Archosaur Games modify him of any agreement or service rules as well as any amendments, it will be deemed/interpreted that the user agrees about all modifications made by Archosaur Games to the Service Terms and relevant service rules. As for any losses or damaged suffered by a user who does not read provisions of an announcement on the modifications and the modifications to the Service Terms, Archosaur Games will not be liable in any manner whatsoever.
4. Intellectual Property Rights and Ownership Statement
The copyright, patent right, trademark, business secretes, other intellectual property rights, ownership or other rights of all information, materials and technologies (including relevant software) related to the products and services provided by the Archosaur Games Platform are owned by Archosaur Games or relevant obligees. Save as legally authorized in writing by Archosaur Games or the obligee concerned in advance, a user shall not amend, copy, spread, transmit, present, implement, replicate, issue, authorize, produce, distribute, sub-license, loan, adapt, merge, translate, reverse engineer, decompile, disassemble intellectual property rights, any derivative works of, transfer or sell the said information, materials, software, products and services. If a user fails to comply with the aforesaid provisions of this clause, Archosaur Games may immediately stop providing products and services for the said user without prejudice to any rights and remedies. The said user shall immediately destroy all of the aforesaid information, materials, software and products obtained. In the meanwhile, Archosaur Games shall be entitled to claim compensations and other rights conferred by law against the said user.
Users agree not to use services of the Archosaur Games Platform via any interface not provided by Archosaur Games. Users agree and undertake that if they find anybody who violates any term hereof or any service specifications, they will immediately inform the FAQ Center of Archosaur Games.
Archosaur Games shall have the ownership of any data (including but not limited to account data, game data and data derived from systems) and intellectual property rights generated when users are using the software of Archosaur Games or receiving services or products of Archosaur Games. Users are only entitled to use the aforesaid data and information in accordance with the Service Terms and relevant game rules and for no other purpose or in any other manner.
Users understand, know and agree that all data (including but not limited to virtual goods) and intellectual property rights on the servers provided by Archosaur Games are owned by "Archosaur Games". Subject to normal use and receipt of the services by the user, Archosaur Games shall have the right to decide whether to retain data on the servers in whole or in part.
Data and intellectual property rights of various virtual goods in products and services of Archosaur Games, including but not limited to virtual coins, gold ingots, silver ingots, gold, silver, game currencies, props and equipment, are parts of services provided by Archosaur Games and are owned by Archosaur Games. Users can only use some virtual goods in compliance with laws and the Service Terms, and may be approved by Archosaur Games to use some through game behaviors, rewards, receipt of presentation, exchange and recharging. The "exchange/transfer of virtual goods" of users specified hereunder refers to the "exchange/transfer of right of use of virtual goods". Users shall have no right to exchange/transfer the ownership of virtual goods.
5. Introduction to Account Services of the Archosaur Games Platform
The "account of the Archosaur Games Platform" specified hereunder refers to the legal and valid account registered by a user. Archosaur Games uses its own operation system to provide various services for users via the Internet. Users shall independently prepare the computer and network devices necessary for registration and use of the Internet, and be responsible for all fees necessary for surfing the Internet by themselves. After a user succeeds in application for registration, Archosaur Games shall be entitled to allocate an account of the Archosaur Games Platform to the user according to business operations of products of Archosaur Games. In enjoying various services of Archosaur Games, users agree to accept various information services provided by Archosaur Games.
Users understand, know and agree that once an account is set, the account cannot be changed, while password may be changed by the users on the Archosaur Games Platform.
Users understand, know and agree that the registration of an account of the Archosaur Games Platform is a behavior of conclusion of an independent service contract. However, Archosaur Games shall be entitled to manage different accounts under the same user name separately or overall. Users undertake to register an account of the Archosaur Games Platform by true identity, ensure that personal identity information provided is true, complete and valid, and be liable for the information provided in accordance with laws and the Agreement. If the registration materials or information of a user is changed, the user is required to log on the account to update them immediately. However, for the change in some important information such as encryption and personal ID number, the user shall provide personal identity certification materials, and the change can be made after the said materials are submitted and successfully passed the review of Archosaur Games. Archosaur Games will provide this service promptly and effectively.
Archosaur Games shall be entitled to check whether the identity information provided by a user for registration is true and valid. If any materials provided by the user for Archosaur Games is inaccurate, untrue or invalid, Archosaur Games may stop providing products and services for him. Users agree that true and accurate materials are provided for registration of an account of the Archosaur Games Platform and are unique evidences for affirming the relevance of users with accounts of the Archosaur Games Platform and identity of users. When a user claims that he has certain account, if the identity information records of the said account at Archosaur Games are inconsistent with the identity information of the user, Archosaur Games will have the right not to affirm that the said account is owned by the user.
6. User Accounts, Passwords and Safety
Users shall be obliged to properly keep and use names and passwords of accounts of the Archosaur Games Platform as well as other relevant identity information and certificates relating to the accounts of the Archosaur Games Platform. Users shall have rights and undertake responsibilities for behaviors under accounts after logon. The person using an account will be deemed as user himself, any behaviors conducted by him will be deemed as behaviors of the user, and the user shall be responsible for all behaviors conducted under the said account. Users know and agree that email is the unique and only approach for getting back or reset the password of an account of Archosaur Games. After the success of rapid registration of a user, Archosaur Games will remind user to complete email identification as soon as possible on the Archosaur Games Platform. For the purpose of account security, a user shall complete email identification the soonest possible after registration. In the case of leakage of an account password or any other consequence for a user resulting from delay in using "email identification" function, the user shall be liable for all consequences himself.
Archosaur Games will take reasonable technical and management measures and so on to procure the security and effectiveness of accounts of users; users shall be obliged to properly keep their accounts and passwords, and use the accounts and passwords correctly and safely. If the failure of either party to fulfill the aforesaid obligation results in the loss of an account password, account theft, etc., therefore damaging rights of a user and any other person, such party shall bear legal liability arising therefrom.
Users understand, know and agree that Archosaur Games shall have the right to formulate different security level policies according to different importance of services, and require users to provide the identity authentication information and materials at the corresponding level, including but not limited to account number, password, phone number, date of birth, security materials, super identity authentication code and the original and copy of identity certificate (e.g. identity card and/or passport). After an applicant of a service passes identity authentication in a way specified by Archosaur Games, Archosaur Games will deem him as the user of an account and provide services according to his application. The User of the said account shall be liable for all consequences arising therefrom.
With the view of protecting the security of accounts of users, Archosaur Games advises users not to disclose accounts and passwords, provide them to any other person, lend, transfer or lease accounts to any other person. Users understand, know and agree that if an account or password is disclosed due to the fault of a user or infection of virus or Trojan of computer of a user or hijacking, malware, the user shall bear any losses arising therefrom by himself and no claims against Archosaur Games will be accommodated. Employees of Archosaur Games (including but not limited to administers and customer service staff of the website and forums of Archosaur Games) will not inquire the password of the user in any way. Users shall not disclose passwords to any other person, including employees of Archosaur Games. For the purpose of avoiding theft of accounts, please take the following preventive measures:
(1) avoid the setting of a simple account password easily to be guessed;
(2) avoid setting a password same as account number;
(3) do not enjoy or share an account with others;
(4) do not install any illegal or unknown application or software;
(5) log off of the account when leaving seat at any public place such as Internet bar, even if the leaving time is short.
If a user loses his password, Archosaur Games reserves the right to charge additional fees for services of solving such problem.
If a user finds that his account or password is used illegally by any other person or abnormally used, he shall immediately notify Archosaur Games in the way specified by Archosaur Games, and has the right to notify Archosaur Games to suspend the logon and use of the account. However, the user is required to provide valid personal identity information consistent with the identity information for registration in making an application. If Archosaur Games verifies that the valid personal identity information provided by the user is consistent with the identity information for registration, Archosaur Games shall take measures to suspend the logon and use of the account in a timely manner provided that Archosaur Games will not be liable for any consequences before such suspension. If Archosaur Games fails to take measures to suspend the logon and use of the user account as aforesaid, in violation of the aforesaid agreement, incurring losses to the user, Archosaur Games shall bear corresponding legal liability. If the user fails to provide his valid personal identity certificate information or the valid personal identity certificate information provided by the user is inconsistent with the identity information for registration, Archosaur Games will have the right to refuse the aforesaid request of the user.
Archosaur Games will provide users with some free or charged auxiliary tools to protect account passwords. However, users understand, know and agree that these tools can only enhance the security of accounts and passwords to a certain extent, and Archosaur Games does not guarantee that account passwords are safe absolutely after users use such auxiliary tools.
Users understand, know and agree that when data of a server are abnormal (due to application bug, for example), Archosaur Games may restore the data of the server to those in any time, for which Archosaur Games will not be liable for any consequences.
7. Privacy Protection
Users understand, know and agree that for the convenience of providing better services for users, Archosaur Games will collect the personal information of users in the circumstance that users willingly choose services or provide information, and integrate, process, transfer, duplicate, use or disclose such information. When a user uses any service of Archosaur Games, the server will automatically record some information, including but not limited to URL, IP address, browser type, use language, visit date and time. For the convenience of logon of users or use of services of Archosaur Games, Archosaur Games will use technologies including cookies when necessary, and send the information collected to the corresponding server. Users may choose receive or refuse cookies. If a user refuses cookies, the user may be unable to log on or use services or functions dependent on the cookies. The information collected by Archosaur Games will become a part of normal business archives of Archosaur Games, and may be transferred to a successor of Archosaur Games or a party designated by Archosaur Games for reason of transfer, merger, acquisition, restructuring, etc. Archosaur Games agrees to use the information collected for good faith, and take all measures to guarantee information safety.
In respect of any personal data (as defined in the Personal Data Protection Act 2012 of Singapore) that the user may provide or that Archosaur Games may collect in connection with the provision of services or products to the user and to the extent that user’s consent is required under law, the user agree and consent that Archosaur Games (together with its service providers and third parties appointed by Archosaur Games) may collect, use, disclose and process such personal data for the purposes identified in the Privacy Policies.
If the user provides Archosaur Games with any personal data relating to a third party, by submitting such personal data to Archosaur Games, the user also represents to Archosaur Games and must ensure that the user has notified the third party of the terms of the Privacy Policy and obtained his consent thereto.
The user further understands, acknowledges and agrees that where the transfer of user’s personal data records to jurisdictions outside Singapore may be necessary to give effect to the user’s instructions or to provide services or products to the user, the user is deemed to request and consent to Archosaur Games so transmitting the personal data of user or third party’s personal data provided by the user outside Singapore. Personal data may therefore be exported to, processed and accessed in countries whose laws provide a different level of protection, which may not necessarily be comparable to that provided in Singapore.
Respecting the personal privacy of users is a basic policy of Archosaur Games. Therefore, Archosaur Games will not make public or disclose the registration materials of users or non-public contents saved in various services of Archosaur Games, unless Archosaur Games believes with integrity that it is necessary to disclose such information in any of the following circumstances:
(1) Follow relevant legal provisions, court order, governmental instructions or arbitration tribunal decisions, including providing the registration information of users, the information issued by users on the Archosaur Games Platform and issue time, and IP addresses or domain names when relevant national authorities inquire.
(2) Maintain intellectual property rights and other important rights of Archosaur Games.
(3) Endeavor to maintain the privacy security of users and the general public in urgent situations.
(4) Disclose such information according to relevant provisions of this clause or in any other situation that Archosaur Games deems necessary.
Archosaur Games may provide relevant services for users by cooperating with a third party. If the said third party (such as a telecom operator, payment channel supplier, dealer of virtual goods or media) is a company legally operated and provides the same privacy protection for users, Archosaur Games will be entitled to provide the registration materials of users and so on for the said third party and the user hereby gives consent to such provision.
Please refer to the part of "Privacy Policies" of Archosaur Games for more contents of privacy policies.
8. Charge Policies
In providing products and services, Archosaur Games may charge some fees from users for some projects and services. In this situation, Archosaur Games will provide definite prompts on relevant webpages. If a user refuses to pay such fees, he will be unable to use relevant projects and services.
Users may independently accept or refuse chargeable projects or services of Archosaur Games, and shall ensure to pay fees according to relevant charge provisions of Archosaur Games in using chargeable projects or services. If a user refuses to pay fees or is in arrears with fees, Archosaur Games will have the right to stop or suspend relevant project or service, and recover losses and compensations according to law.
Archosaur Games will have the right to determine and change charge standards and collection methods of projects and services provided (including change from no charge to collection of fees). Archosaur Games may formulate different charge standards and collection methods for different projects and services or according to different stages of projects and services provided. The user will be deemed to accept such changes if it continues to use Archosaur Games Platform or its services and products after it is notified of the changes.
Additionally, Archosaur Games may modify charge policies from time to time. Archosaur Games will present the information on charge standards, collection methods and purchase methods or other relevant charge policies of relevant projects and services at a noticeable position of relevant webpages of such projects and services.
With the view of protecting the legitimate rights and interests of users and their rights to completely use products and services of Archosaur Games, it is suggested that users should purchase relevant products and services from distributors designated by Archosaur Games.
9. Prohibition of Commercialization of Services
Users undertake that without the prior written approval of Archosaur Games, users will not use any product or service of Archosaur Games for sales or any other commercial purpose, or make profits in reality by virtue of products and services provided by Archosaur Games.
10. User Management
With an account of the Archosaur Games Platform, users may upload the information necessary for the use of services on the servers of Archosaur Games. Users hereby authorize Archosaur Games to freely use any contents uploaded by users on a global basis without any charge.
Users shall be independently responsible for contents issued or uploaded by them. In using services, users shall comply with all local laws, state laws and international laws applicable to services. Users' undertakings are as follows:
(1) In issuing information on the Archosaur Games Platform or using services of Archosaur Games, users shall comply with all applicable laws and local decrees and network conventions. When a user manufactures, copies, issues or spreads information on the Archosaur Games Platform or in using products or services of Archosaur Games, the information shall not include the following:
(a) contents infringing upon the intellectual property right, copyright or public/private right of any third party;
(b) contents breaching any law or good custom;
(c) contents containing any virus, Trojan horse program, time bomb, malware, etc., which may damage or impact the stability of Archosaur Games or the computer system of any person;
(d) contents on obscenity, eroticism, gamble, violence, terror or subornation;
(e) contents on threat, harassment, insult, slander, racial discrimination and infringement upon legitimate rights and interests of others;
(f) contents on sensitive political issues;
(g) other contents prohibited by applicable laws and administrative regulations.
(2) Users shall use the notice boards, IM and other services of the Archosaur Games Platform in accordance with laws and regulations. In issuing information on the Archosaur Games Platform or using services of the Archosaur Games Platform, users shall follow laws of other relevant countries, jurisdictions and regions and relevant provisions of international laws.
(3) Users shall not conduct the following activities by virtue of services of Archosaur Games:
(a) entering into computer information network or using resources of the computer information network without permission;
(b) deleting, amending or increasing functions of the computer information network without permission;
(c) deleting, amending or increasing the data stored, processed or transmitted and applications in the computer information network without permission;
(d) producing and spreading destructive procedures such as computer viruses;
(e) using service systems for any illegal or immoral purpose;
(f) other behaviors damaging the security of the computer information network or reputation of Archosaur Games.
(4) Users shall not interfere with services of Archosaur Games in any way, or conduct any of the following activities:
(a) amending, conducting reverse engineering, decompiling, disassembling, copying or distributing the website of Archosaur Games or the software provided by Archosaur Games and so on;
(b) committing any act of abnormal use which may impact the network services of Archosaur Games (including but not limited to damaging or attacking any server or incurring over load of any server);
(c) using any product of Archosaur Games or receiving any service of Archosaur Games via any third-party software or with the assistance of any third-party software; committing any act destroying game rules and breaching game fairness;
(d) using any intellectual property right of Archosaur Games to create or provide the same or similar network services such as an emulation server and a private server, without the written approval of Archosaur Games;
(e) committing any act via any product or network service system of Archosaur Games, which may have a negative influence on the normal operation of the Internet or interfere with others in using any product and network service provided by Archosaur Games in a normal way;
(f) transmitting any information on harassment, slander, abuse, threat, obscenity or fraud or any other illegal information by virtue of the network service system of Archosaur Games;
(g) committing any act negative for Archosaur Games by virtue of the service system of Archosaur Games;
(h) using any material or information obtained not through a channel designated by Archosaur Games;
(i) consulting about any service, product or business of Archosaur Games or business partner thereof not through a customer service channel designated by Archosaur Games or any other special communication channel, or conducting relevant negative publicity about Archosaur Games and relevant services thereof publicly;
(j) obtaining virtual goods (including but not limited to virtual currencies, virtual props and equipment) in games in an abnormal way violating game use rules;
(k) making profits in reality by virtual or any products and services provided by Archosaur Games.
(5) Users shall not abuse services of Archosaur Games, including but not limited to: sending any rubbish / junk e-mail by virtue of on-site mail services provided by Archosaur Games and committing any other act infringing upon any intellectual property right or legitimate rights and interests of others by virtue of services of Archosaur Games.
(6) Users shall make every effort to maintain the security of their accounts and reasonably use their accounts.
(a) If an account is illegally used or a security hole occurs to any account, the user concerned shall immediately notify Archosaur Games;
(b) With the view of guaranteeing safety, Archosaur Games does not suggest any user to exchange or transfer the right of use of virtual goods in games (including but not limited to virtual currencies, virtual props and equipment);
(c) When an account is suspected of any illegal or irregular behavior such as account theft or plug-in, the user concerned shall coordinate with employees of Archosaur Games, faithfully answer questions relating to the use of products of Archosaur Games raised by game administrator so as to maintain the legitimate rights and interests in games of himself and other users;
(d) In issuing any information on the Archosaur Games Platform, users shall carefully protect personal privacy, and shall not disclose personal privacy information such as identity information, or arbitrarily disclose the privacy information of others. Archosaur Games does not bear any liability for the disclosure of the personal information of any user or third party due to fault of the user himself, and any losses, compensations and liabilities arising therefrom shall be borne by the user alone.
(7) Users shall comply with all other regulations and procedures of Archosaur Games.
Archosaur Games shall be entitled to take any actions according to the uploaded contents, including but not limited to shielding or deleting the information uploaded by users according to the claim made by any third party. Users understand if Archosaur Games finds that the information transmitted on its website obviously contains contents set out in Paragraph (1) above, Archosaur Games will be obliged to stop transmission immediately, make relevant records, report to relevant authorities in charge, and delete the address and contents containing such contents or close relevant server according to law. Users shall be liable for their behaviors in using services of Archosaur Games including but not limited to: making compensations for any victim and indemnifying Archosaur Games if Archosaur Games is held liable for administrative punishments or the liability for infringement damages due to any behavior of the user.
When users use electronic announcement services of Archosaur Games, including but not limited to electronic notice boards, electronic whiteboards, electronic forums, online chat rooms and message boards, to provide information issue conditions for web users, they shall also follow the provisions of this clause and electronic announcement rules specially issued by Archosaur Games. Legal consequences and legal liability specified in the preceding paragraph also apply to users of electronic announcement services. If any user does not conform to the aforesaid service clauses, Archosaur Games will make an independent judgment and have the right to immediately cancel the account of the user.
11. Period of Validity of Accounts of the Archosaur Games Platform
Users fully understand, know and agree to the period of validity of accounts of the Archosaur Games Platform, and agree to log on the accounts of the Archosaur Games Platform from time to time so as to extend the period of validity thereof.
Users understand, know and agree that before recharging for an account of the Archosaur Games Platform, the Archosaur Games Platform provides free services for users. In view of cost concern of free services, Archosaur Games shall have the right to terminate services for the accounts at any time according to operation demands without any liability to the users.
(1) General conditions for termination of services:
Users understand, know and agree that if an account of the Archosaur Games is not logged on for 360 days consecutively (calculated from the maturity date of time package of a user of time package) for the use of products and services of Archosaur Games, or a user has cancelled his account of the Archosaur Games Platform by himself, the service system of Archosaur Games will not retain the said account or relevant date thereof.
(2) Special circumstances of cancellation of accounts and suspension (i.e. cease for a certain period) and termination of services
If any user conducts any or some of the following acts, Archosaur Games shall be entitled to cancel the account of the said user or terminate or suspend all or part of services provided to the user at any time (including but not limited to banning all or part of accounts in the name of the user and forbidding the logon of some roles), and cancel or claim any benefits obtained by the user through irregular act(s) in a game at any time:
(a) violating the Agreement;
(b) abusing any right enjoyed;
(c) providing false registration information (including but not limited to the identity information and contact information);
(d) breaching other service rules issued by Archosaur Games or using services of Archosaur Games by any improper means;
(e) damaging rights and interests of Archosaur Games and any obligee, related enterprise or cooperative object thereof and the legitimate rights and interests of any other user (including but not limited to monopolizing game scenes, unreasonably preventing other users from normally obtaining benefits from games and other acts which may destroy game fairness or balance);
(f) violating prohibitive provisions in any applicable laws and regulations;
(g) breaching any social good custom or social morality;
(h) violating relevant regulations of Archosaur Games;
(i) leading Archosaur Games to be involved in any political or public incident when using any Archosaur Games services or products；
(j) in addition to the aforesaid circumstances, committing any other improper act in receiving services of Archosaur Games.
If one account or several accounts registered in the name of the same user is involved in any act in violation of the Agreement, Archosaur Games shall be entitled to suspend or terminate services of some or all accounts in the name of the said user, or cancel some or all of such accounts, according to actual conditions.
When an account of the Archosaur Games Platform is deleted, all materials of the said account and all service materials and data of the said account (including but not limited to the basic information of the account, virtual data and game account information) will be deleted at the same time and cannot be restored. The name of the said account may be registered by a new user after deletion.
12. Suspension of Network Services
In any of the following circumstances, even if not notified to the user, Archosaur Games will have the right to suspend the network services provided by it, without any liability to the user concerned:
(1) regularly conducting necessary maintenance and construction for relevant web servers or game servers and other network equipment or relevant official websites of products and network services provided; users may inquire downtime maintenance time every day on the official website of Archosaur Games and in game announcements;
(2) according to judgments of Archosaur Games, conducting necessary maintenance and constructions for relevant web servers or game servers and other network equipment or relevant official websites of products and network services provided;
(3) occurrence of any fault, failure to work or artificial negligence of Archosaur Games, any partner of Archosaur Games or any software or hardware equipment of telecom network system;
(4) others intruding into or hijacking the network of Archosaur Games to alter, delete, forge or draw up website data, or committing any act influencing the normal operation of the computer system of Archosaur Games;
(5) force majeure;
(6) orders from relevant authorities or for the purpose of meeting requirements of laws or legal procedures;
(7) for compliance with other provisions of laws or national policies.
13. Change and Termination of Network Services
Users may stop using any network services provided by Archosaur Games according to actual conditions.
Archosaur Games reserves the right to change or suspend services at any time. Users agree that Archosaur Games has the right to exercise the aforesaid rights, without liability to the users or any third party.
14. Testing Server and Experience Server
Testing server (TS) refers to the server providing products and services for users in the testing (including but not limited to close testing, internal testing and public testing) period of games published / released by Archosaur Games.
Experience server (ES) refers to the server launched by Archosaur Games in some games to test the game systems and contents of the latest version. Users may experience the latest products and services in the experience server.
All materials in the TS and ES are not within the scope of services and custody. Once a user logs on the TS or ES and receives game services of the TS or ES, it will be deemed / interpreted that the said user is willing to accept the following terms:
(1) Service contents provided by the TS or ES are informal, may be different from official service contents, and instability of procedures or loss of data may occur. Archosaur Games will not be liable for all abnormalities arising from users playing games in the TS or ES.
(2) Archosaur Games will maintain the TS or ES from time to time, and delete data of the TS or ES in whole or in part according to demands (including but not limited to roles, experience points, props and relevant records and information in accounts of users), or legally use such data.
(3) In view of instability of the TS and ES, Archosaur Games shall have the right not to provide all customer services announced at the official websites of games for users logging on the TS and ES.
(4) Archosaur Games will not be liable for any person for any losses arising from log-on of the TS or ES, or receiving services provided by the TS or ES.
15. Interlinkages and Advertising Information
All interlinkages provided by Archosaur Games on relevant webpages of the Archosaur Games Platform may be connected to the websites of any other person, company or organization. Such websites are provided to facilitate users searching or obtaining information by themselves. Archosaur Games does not guarantee the authenticity, completeness, timeliness, truthfulness, accuracy, correctness or reliability of products, services or information provided by linked persons, companies or organizations; such person, companies or organizations do not have any employment, entrustment, agency, partnership or other similar relations with Archosaur Games. The users are not entitled to rely on such interlinkages nor will Archosaur Games accommodate any claims for such interlinkages.
In the process of providing Archosaur Games Platform and relevant network services, Archosaur Games may publish business advertisement or other information on promotion activities at relevant positions. Such advertisement or information on promotion activities are provided by advertising agencies and suppliers of commodities or services, and bear corresponding liability. The Archosaur Games Platform is the only media of issue of advertising information. The transaction behavior of a user purchasing any goods or service through the Archosaur Games Platform or a linked website only occurs between the said user and supplier of commodity or service, is irrelevant to Archosaur Games, and Archosaur Games is not liable for such transactions between the user and the supplier of the goods or service.
16. Liability for Breach of the Agreement
Users understand, agree to guarantee and maintain interests of Archosaur Games and other users. If any user incurs losses to Archosaur Games or any other third party due to violation of any provision of relevant law, regulation or the Service Terms, the user shall agree to indemnify Archosaur Games against damages arising therefrom (including but not limited to litigation costs paid for legal actions, administrative procedures, etc., lawyer's fees and other actual losses, costs and fees).
Users agree to indemnify Archosaur Games against all damages and liabilities arising from their violation of relevant laws, regulations or the Service Terms.
17. Refusal of Provision of Guarantee and Disclaimer
Users understand, know and agree that providers of contents shall be liable for any instant information uploaded, posted or sent via the Archosaur Games Platform or any messages, materials, words, software, music, audios, photos, figures, videos, information, registration materials of users or other materials (hereinafter referred to as "contents") sent in any other way, whether publicly or privately. Archosaur Games is under no obligation to control contents transmitted via the Archosaur Games Platform or implement comprehensive control over behaviors of users, Archosaur Games does not guarantee the legality, accuracy, completeness, authenticity or quality of the contents. Users understand, know and agree that they may contact unpleasant, improper or disgusting contents in using services of Archosaur Games, and agree to make judgments by themselves and take care of all risks, and will not rely on Archosaur Games in this regard.
Users agrees to take care of the risks of using services of Archosaur Games. Accounts and services of Archosaur Games are provided to users on an "as is" basis. To the maximum extent allowed by laws, Archosaur Games excludes any guarantee for users, whether express or implied, including but not limited to any implied guarantee and responsibility for marketability, applicability, reliability, accuracy, completeness, no virus and no error. To the maximum extent allowed by applicable laws, Archosaur Games does not guarantee that products and services provided by Archosaur Games will satisfy requirements of users, or services provided will not be suspended, or guarantee the timeliness, security or occurrence of error of products and services, or accurate, timely and smooth transmission of information. Archosaur Games disclaims any guarantee, including that for accurate, timely and smooth transmission of information. Users understand and accept that downloading or obtaining any information via products and services of Archosaur Games depends on users themselves, and users are liable for system damage, loss of materials and any other risks. Archosaur Games does not guarantee any goods purchase services and transaction processes obtained on service websites.
To the maximum extent allowed by applicable laws, Archosaur Games shall not be liable for unexpected, indirect, special, punitive, consequential or indirect damages or requests arising from users using products and services of Archosaur Games or relating to products and services of Archosaur Games in any respect (including but not limited to damages incurred by any personal injury, privacy leak, failure to fulfill responsibilities including integrity or due care, negligence, monetary loss or any other loss).
Archosaur Games explicitly declares that no guarantee of any type, whether express or implied, will be provided. Archosaur Games does not guarantee that services will meet requirements of users, or services will not be suspended, and does not guarantee the timeliness, security, authenticity and no error of services. Users will not receive any oral or written opinions or information from Archosaur Games, and Archosaur Games does not make any explicit or implied guarantee.
18. Disclaimer
Archosaur Games shall not be liable for direct, indirect, accidental, special and inherited damages arising from improper use of products and series, purchase of commodities or similar services on the Internet, online transactions, illegal use of services or any change in the information transmitted by users. Such damages will damage the reputation of Archosaur Games, so Archosaur Games has indicated the probability of such damages.
Archosaur Games shall not be liable for the interruption of services, loss of contents of short messages sent by users, messy codes, false receipt, failure to receive or late receipt incurred by any fault of mobile communication networks of domestic and overseas basic telecom operators involved in communication services, technical defects, restrictions to coverage, force majeure, computer viruses, hacker attack, user location, shutdown of computer of users or any other causes not within the scope of technical capacity of Archosaur Games.
To the extent allowed by applicable laws and regulations, the maximum damage payable by Archosaur Games to any one individual user will be capped at USD 100 or its equivalent.
19. Statement of Rights
That Archosaur Games does not exercise, or fails to exercise in time or in full the Service Terms or any right enjoyed according to legal provisions shall not be deemed that Archosaur Games waives the said right, or affect the future exercise of the said right by Archosaur Games.
20. Settlement of Disputes and Governance of Laws
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 Archosaur Games as well as the relationship of rights and obligations between users and Archosaur Games generated by the use of products and services of Archosaur Games. 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.
If any content of the Service Terms conflicts with any mandatory law, the said law shall prevail. Archosaur Games will interpret amend relevant term, and the legal force of other parts of the Service Terms shall not be affected.
21. Information Storage and Relevant Intellectual Property Rights
Archosaur Games will endeavor to maintain the security and convenience of all services, but Archosaur Games will not be liable for deletion or failure of storage of any information generated in services or products (including but not limited to the information issued or uploaded by users).
Additionally, Archosaur Games reserves the right to determine whether a behavior of any user meets requirements of the Service Terms. If any user breaches any provision of the Service Terms, Archosaur Games will have the right to suspend or terminate services provided for his account on the Archosaur Games Platform.
Regarding services in the account of the Archosaur Games Platform, the uploading by a user of any works originally created by the user or reprinted by the user upon authorization of the copyright owner means that the user or the copyright owner acted on behalf by the user grants the free, irrevocable, global and permanent right of use and usufruct of the works uploaded to Archosaur Games. However, the user or the original copyright owner still owns the copyright of the works uploaded.
22. Delivery and Notice
All notices under the Service Terms may be issued through an important webpage announcement, e-mail or regular letter, etc.; such notices shall be deemed as having been delivered to recipients on the date of issue notwithstanding that the user may not read it as a matter of fact.
23. Other Provisions
The contents, charge standards, collection methods, service fees and service terms of each service provided by Archosaur Games for users shall be subject to the latest notice issued.
If any content of the Service Terms becomes invalid or unenforceable in whole or in part for any reason, other contents of the Service Terms shall be still valid and binding upon all Parties to the Agreement.
Opinions and suggestions of users on any part of services or any part of the Service Terms may be sent to Archosaur Games via customer service department, with the e-mail address for contact: service_global@zulong.com.