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Terms of Service of Hong Kong Spiral Rising
Welcome to use the entertainment services provided by Hong Kong Spiral Rising. These Terms of Service, together with our Privacy Policy, game rules as well as any other documents and all supplemental terms and updates govern your use, purchases and downloading of our Games, Virtual Goods, User Generated Content (UGC), Websites and all services made available from time to time, unless we specifically state otherwise.
If you want to access, purchase or use our Game, we would like you to carefully read these Terms of Service, especially those specially highlighted by means of bolding, underlining or CAPITALIZED. By clicking Agree, Accept, Next, or accessing, using any of the Services, you accept and agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access, purchase or use our Services.
1. Definition
1.1 "Hong Kong Spiral Rising" refers to the Services provider that executed these Terms of Service with you, together with any affiliates or cooperative partners that may exist when you accept, access or use the Services, also called as "we" or “us” herein.
1.2 "User" refers to the user or player of entertainment services provided by us, and is also called as "you" in these Terms of Service.
1.3 "Services” or “Services of Hong Kong Spiral Rising" refers to the entertainment services provided by us to you in accordance with this Terms of Service, including but not limited to access, use, purchases and downloading of our Games, Virtual Goods, User Generated Content (UGC), Websites and related online or offline services made available from time to time.
1.4 "The Agreement" refers to these Terms of Service, Privacy Policy, any game rules and any other terms and conditions entered into by and between you and us when you access, use or purchase our Services, including the current version and all supplemental terms of the above.
1.5 "Game" or "Games" refers to any games made available by us, whether existing now or in the future.
1.6 "Virtual Goods" refers to certain options we may offer within our Games by which you may improve your Game experience. You can buy Virtual Goods with legal currency or Tokens in some way subject to applicable foreign exchange control regulations in your jurisdiction. Virtual Goods include but not limited to, in-game currency (“Tokens”) where permitted under applicable law, character skins, mounts and vehicles, digital cards, experience boosts, gear, and other customization for your in-Game characters, and other such digital add-on goods.
1.7 User Generated Content (UGC) refers to any form of content generated by a user of the Services including remarks, suggestions, ideas, graphics, text, images, video, information and messages, social elements,while the derivative fruits users adapted from the Content of the Game or Services is not included. Please note that messages exchanged between users, whether in private in-game messaging or public forums are included within this definition.
1.8 "Game Content" refers to all artwork, titles, themes, objects, characters, names, dialogue, catch-phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods and any other content within the Services. It also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.
2. Eligibility and Registration
2.1 Eligibility and Age. To create a Game Account or access some of our Services, you must be at least the minimum age (“Minimum Age”) for any applicable laws, including related personal data collection laws in your country of residency. If you are between the Minimum Age and age of majority in your country of residency, you must reviewed these Terms of Service with your guardian(s) together and assure they have agreed to these Terms of Service on your behalf and they will take full responsibility for your compliance.
We may allow a minor under the Minimum Age to register for or enjoy certain Services (e.g. payment, if applicable ) with prior consent from his legal guardian to the extent permitted by applicable law. We may ask the legal guardian to provide additional documentation or perform additional actions as part of the verification and approval process pursuant to applicable law.
2.2 Registration. To use certain parts of our Services, you may be required to create an account with a third-party platform operator (for example, Facebook or Google account). In this case, we may access certain personal information that this third-party provides to help create your Game Account (“Game Account”). Please note that you are able to play the Game without creating a Game Account, but in such case, you may not be able to access certain parts of the Game or will confront with some troubles. For example, you may be unable to recharge, consume, update or uninstall the Game or the game data cannot be retained after reinstalling the game etc.
3. Game Account
3.1 Third-party Account. As your Game Account is created by means of a third-party platform account (as stipulated in Article 2.2), your behaviors are subject to both the rules of the third-party platform and these Terms of Service. You need to contact the third-party platform operator to solve the problems arising from your registration or use in relation to the third-party platform account, including but not limited to account registration, authentication, recharging, consumption, suspension,termination, theft or retrieval, etc.
3.2 No False Account. You are not allowed to use other’s account to register for Game Account without the written consent of others. We may stop your Account or take other measures in our discretion if we have reasonable grounds to believe that you have stolen someone else’ account or registration data without due authorization.
3.3 No Account Transactions. Hero Entertainment prohibits profitable or non-profitable transactions of Game Account between users, including selling, reselling, renting, leasing, sharing, borrowing or providing access to your Game Account to anyone else.
3.4 Well Keeping of Game Account. You accept that you will not disclose your Game Account to anyone, and will notify us immediately of any unauthorized use of your Game Account by email. You are responsible for all activities associated with your Game Account. You accept that Hero Entertainment will not be liable for the following: 1) Non-retrieval of your Game Account due to technical restrictions or multiple transfers of Virtual Goods; 2) Consumption or transfers of Virtual Goods in the Game Account, even if it has been retrieved.
4. Content of Service
4.1 License Grant. So long as you comply with these Terms of Service and third-party Agreement(s)(if applicable), we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to:
(1) Downloading，installing, upgrading the Games on the device permitted by the Agreement and third-party platforms Agreement(s) ;
(2) Accessing and Using of Game Content for personal entertainment purposes, such as registering a Game Account, running the Games; using character systems such as creating game characters and setting game nicknames; using combat systems such as opening game rooms and setting game parameters; using social systems such as chatting and social sharing functions; viewing and confirming game match results, viewing Game Content etc;
(3) Obtaining value-added services, such as purchase of game props, game equipment, game tokens as well as use of game transaction systems within the Games;
(4) Other services provided by Hong Kong Spiral Rising.
Such rights are merely licensed to you and you do not acquire any ownership rights in the Services, Games and Virtual Goods or any other part of them other than the right to use the same under these Terms of Service.
4.2 Provision of Virtual Goods.
4.2.1 Purchasing or Obtaining Virtual Goods. Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer Virtual Goods within our Games that you can buy with legal currency. VIRTUAL GOODS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH AND ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. There may be limits to the quantity and number of times you can purchase Virtual Goods or other aspects of your transaction which we will notify you via notice or function of the Game.
4.2.2 Virtual Goods Consumption Order. Virtual Goods are basically obtained by purchase(‘’Purchased Virtual Goods”), however, you may also be able to obtain certain Virtual Goods without making a purchase, such as an in-Game award, additional Virtual Goods bonus. Please be aware that Virtual Goods are consumed in the following order: (1) if free Virtual Goods can not be distinguished from Purchased Virtual Goods, Purchased Virtual Goods will be consumed first; (2) Otherwise, it will be consumed in the order based on your actual usage.
4.2.3 No transfer between Games. Except as otherwise stated, Virtual Goods are not transferable from one Game to another.
4.2.4 Expiry Date Warning. You understand that Virtual Goods may have expiry date, so you need to use or consume them within a certain period. We will not be liable if such a case occurs when your Game Account is under restricted, disabled, suspended, banned, temporarily or permanently as a result of your failure to comply with the User Code of Conduct.
4.2.5 Restoration Event. In the event that when some game data need to be restored to a certain point in time due to an abnormality of the game server caused by our fault, during which period you may have used or consumed some Virtual Goods, you accept that we will only assume the obligation to restore or provide alternates for you based on consumption of Virtual Goods during that period.
4.3 Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or Services in part or whole, depending on the territory in which you are located as a result of legal compliance or business purposes.
4.4 Rights Reserved. The rights not expressly permitted in the Terms of Service shall be deemed to be unlicensed and still reserved by us. If you need to exercise other rights, you must obtain written permission from us. If you have such needs, do not hesitate to contact us by email.
5. User Code of Conduct
5.1 Measures for Punishment. When you obtain a license granted by us, you must abide by the provisions of the User's Code of Conduct in these Terms of Service, violation of which will lead to appropriate measures at our sole discretion.
Possible measures under these Terms of Service include making warnings, restricting or temporarily or permanently disabling, suspending, banning your Account, in part or whole, temporarily or permanently removing any content or Virtual Goods from your Account, etc. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Games and Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME Virtual Goods.
5.2 Don'ts for Users. You agree not to do any of the following:
(1) violate, or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability;
(2) be fraudulent, false, misleading or deceptive, including “trolling”;
(3) be defamatory, obscene, pornographic, violent, vulgar or offensive;
(4) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(5) be disruptive to the Game, App, its users or user community, be violent, bullying, or threatening or promotes violence, terrorism, extremism or actions that are threatening or disrespectful to any person or entity;
(6) infringe on the intellectual property rights and other legal rights of any third party;
(7) promote illegal or harmful activities or substances;
(8) use illegal fields or characters in the game, spread illegal speech and inappropriate information, or publish illegal information, etc;
(9) Steal others’ Game Accounts and Virtual Goods;
(10) Privately conduct transactions on game accounts, props, equipment, tokens and other Virtual Goods;
You acknowledge, understand and agree that you can only exchange or transfer the right to use the game accounts, props, equipment, tokens and other Virtual Goods through the built-in exchange channels of Hong Kong Spiral Rising or a third-party trading platform officially approved by Hong Kong Spiral Rising. Hong Kong Spiral Rising does not recognize or protect any transactions conducted on a trading platform that is not provided or approved by Hong Kong Spiral Rising. Any disputes and adverse consequences arising therefrom shall be settled and borne by yourself.
(11) Use illegal plug-ins. Hong Kong Spiral Rising may decide at its sole discretion to judge whether you have used illegal plug-ins based on your game data and abnormal performance;
(12) Imply or falsely claim to be an employee of Hong Kong Spiral Rising or a person with a special identity in an attempt to obtain improper benefits or affect the rights of other users;
(13) Disrupt the operation of the Game or affect the normal operation of the Game Services in any way;
(14) Violate any arrangements set out in the Agreement;
(15) Use Services for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Service, including but not limited to:
1) Registering multiple Game Accounts to gain profit from Games;
2) Especially when focusing on certain playing methods to gain relevant Virtual Goods for profit;
3) Selling Virtual Goods between different servers;
4) Collecting fees by acting as an intermediary for Game Accounts and Virtual Goods transactions;
5) Trading Game Accounts or Virtual Goods on a trading platform not provided or approved by us;
6) Selling the Virtual Goods obtained from the Games; or
7) Any other behavior for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Service;
(16) Attempt to reverse engineering, except as otherwise permitted by applicable law, by scanning, probing, testing, reverse assembly, reverse compiling of Game software, destroying and cracking Game software, illegally obtaining software source code from, or modifying, adapting, adding, deleting, or forging, translating, datamining, decompiling, or disassembling or making derivative works similar to or even the same as any Services or Game Content of the Games;
(17) Modify or forge instructions and data in software operations, or add, delete, change the functions or operating effects of the software;
(18) Use, produce, publish and disseminate third-party software, plug-ins, add-ons, and systems not developed or authorized by Hong Kong Spiral Rising when using our Game;
(19) Use, rent, lend, copy, modify, link, reprint, compile, release, or publish the content related to intellectual property in game software and other behaviors that infringe on the intellectual property of Hong Kong Spiral Rising;
(20) Establish a private server to provide online Game operation services;
(21) Promote, join in or enable anyone else to do any of the foregoing;
(22) Other behaviors that are not expressly authorized by Hong Kong Spiral Rising or other misconducts widely recognized in the game industry.
5.3 You are fully aware of the facts that:
(1) To create a fair and healthy game environment, you understand that we may need to know about the random storage memory of your terminal device and related programs running through technical means. Once unauthorized programs endangering Game operations are found, all reasonable necessary measures will be taken.
(2) In the event that we, in our sole discretion, conclude that you have violated the User Code of Conduct, such as account theft, use of plug-ins, cheating, etc. based on your game data or reports from others, we may take technical means to remove, block or disconnect the link or take measures stated in Article 5.1 without prior notice to you, unless you can provide sufficient verified evidence to overrule the judgment.
(3) In the event that you violate the provisions of the Agreement, game rules or agreement(s) of any individual services and thus cause any damages to any third-party or us, you shall be solely responsible for any claims, demands or losses arising therefrom.
6. Charging Policy and Value-added Services
6.1 Value-added Services. You may obtain certain value-added Services by purchase. Value-added services provided may enrich your game resources, improve your game efficiency, and thus optimize your game experience.
6.2 Virtual Currency and Tokens. Subject to applicable laws, Hong Kong Spiral Rising may issue virtual currency within the Game(“Tokens”). Such tokens can be purchased directly or indirectly with legal currency and may be used to purchase value-added services. It is noted that game tokens (included by Virtual Goods) cannot be directly or indirectly exchanged for legal currency.
6.3 FORMATION OF PURCHASE ORDER(S). ALL PURCHASE ORDERS ARE SUBJECT TO ACCEPTANCE BY US AND AVAILABILITY OF THE SERVICES. YOUR ORDER MERELY CONSTITUTES AN OFFER TO US TO PURCHASE THE SERVICES. ONCE WE MAKE THE SERVICES AVAILABLE, PURCHASE ORDERS BETWEEN US ARE THUS BECOME EFFECTIVE. WE ALSO RESERVE THE RIGHT TO CHANGE PRICES WITHOUT PRIOR NOTICE AT ANY TIME BEFORE THE EFFECTIVENESS OF THE PURCHASE ORDER.
6.4 Change of Charging Policy. Except as otherwise prohibited by applicable law, we may set, modify, and change the charging standards and methods in our sole discretion. A new charging policy will be announced and clearly indicated. Please carefully review and fully understand them before accepting them. By continuing to use and purchase our Services, you accept and agree to the new charging policy.
6.5 No Payment Through Unauthorized Channels. We will not be liable for any disputes arising from your payment through unauthorized channels and methods.
6.6 Data related costs. You are fully responsible for all expenses for your access to the network environment and the relevant expenses payable to the network operator, including but without limitation, mobile fees, text-messaging fees and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
7. Refund
SUBJECT TO APPLICABLE LAW, OR ANY THIRD PARTY PLATFORM’S POLICY (IF APPLICABLE), ALL GAMES, VIRTUAL GOODS AND OTHER SERVICES HAVE NO MONETARY VALUE FOR EXCHANGE AND ARE NOT REDEEMABLE, REFUNDABLE OR ELIGIBLE FOR ANY OTHER ALTERNATE REMEDY FOR ANY LEGAL CURRENCY OR ANYTHING OF MONETARY VALUE, UNLESS THEY ARE DEFECTIVE, UNAVAILABLE, OR DO NOT PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS WE PROVIDE.
BY PURCHASING AND USING THE GAMES, VIRTUAL GOODS AND OTHER SERVICES, YOU HEREBY WAIVE YOUR RIGHT TO WITHDRAW FROM YOUR AGREEMENT TO PURCHASE THE APPLICABLE GAME, VIRTUAL GOODS, OTHER SERVICES AND YOU AGREE THAT YOU WILL THEREFORE NOT BE ELIGIBLE TO RECEIVE A REFUND (OR ANY ALTERNATIVE REMEDY) IN RELATION TO SUCH GAME, VIRTUAL GOODS AND OTHER SERVICES, EXCEPT WHERE THE LAW IN YOUR JURISDICTION PROVIDES A RIGHT OF WITHDRAWAL THAT CANNOT BE WAIVED BY CONTRACT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS.
8. Intellectual Property
8.1 IPR, Other Rights and Interests Owned by Hong Kong Spiral Rising. Th
Welcome to use the entertainment services provided by Hong Kong Spiral Rising. These Terms of Service, together with our Privacy Policy, game rules as well as any other documents and all supplemental terms and updates govern your use, purchases and downloading of our Games, Virtual Goods, User Generated Content (UGC), Websites and all services made available from time to time, unless we specifically state otherwise.
If you want to access, purchase or use our Game, we would like you to carefully read these Terms of Service, especially those specially highlighted by means of bolding, underlining or CAPITALIZED. By clicking Agree, Accept, Next, or accessing, using any of the Services, you accept and agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access, purchase or use our Services.
1. Definition
1.1 "Hong Kong Spiral Rising" refers to the Services provider that executed these Terms of Service with you, together with any affiliates or cooperative partners that may exist when you accept, access or use the Services, also called as "we" or “us” herein.
1.2 "User" refers to the user or player of entertainment services provided by us, and is also called as "you" in these Terms of Service.
1.3 "Services” or “Services of Hong Kong Spiral Rising" refers to the entertainment services provided by us to you in accordance with this Terms of Service, including but not limited to access, use, purchases and downloading of our Games, Virtual Goods, User Generated Content (UGC), Websites and related online or offline services made available from time to time.
1.4 "The Agreement" refers to these Terms of Service, Privacy Policy, any game rules and any other terms and conditions entered into by and between you and us when you access, use or purchase our Services, including the current version and all supplemental terms of the above.
1.5 "Game" or "Games" refers to any games made available by us, whether existing now or in the future.
1.6 "Virtual Goods" refers to certain options we may offer within our Games by which you may improve your Game experience. You can buy Virtual Goods with legal currency or Tokens in some way subject to applicable foreign exchange control regulations in your jurisdiction. Virtual Goods include but not limited to, in-game currency (“Tokens”) where permitted under applicable law, character skins, mounts and vehicles, digital cards, experience boosts, gear, and other customization for your in-Game characters, and other such digital add-on goods.
1.7 User Generated Content (UGC) refers to any form of content generated by a user of the Services including remarks, suggestions, ideas, graphics, text, images, video, information and messages, social elements,while the derivative fruits users adapted from the Content of the Game or Services is not included. Please note that messages exchanged between users, whether in private in-game messaging or public forums are included within this definition.
1.8 "Game Content" refers to all artwork, titles, themes, objects, characters, names, dialogue, catch-phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods and any other content within the Services. It also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.
2. Eligibility and Registration
2.1 Eligibility and Age. To create a Game Account or access some of our Services, you must be at least the minimum age (“Minimum Age”) for any applicable laws, including related personal data collection laws in your country of residency. If you are between the Minimum Age and age of majority in your country of residency, you must reviewed these Terms of Service with your guardian(s) together and assure they have agreed to these Terms of Service on your behalf and they will take full responsibility for your compliance.
We may allow a minor under the Minimum Age to register for or enjoy certain Services (e.g. payment, if applicable ) with prior consent from his legal guardian to the extent permitted by applicable law. We may ask the legal guardian to provide additional documentation or perform additional actions as part of the verification and approval process pursuant to applicable law.
2.2 Registration. To use certain parts of our Services, you may be required to create an account with a third-party platform operator (for example, Facebook or Google account). In this case, we may access certain personal information that this third-party provides to help create your Game Account (“Game Account”). Please note that you are able to play the Game without creating a Game Account, but in such case, you may not be able to access certain parts of the Game or will confront with some troubles. For example, you may be unable to recharge, consume, update or uninstall the Game or the game data cannot be retained after reinstalling the game etc.
3. Game Account
3.1 Third-party Account. As your Game Account is created by means of a third-party platform account (as stipulated in Article 2.2), your behaviors are subject to both the rules of the third-party platform and these Terms of Service. You need to contact the third-party platform operator to solve the problems arising from your registration or use in relation to the third-party platform account, including but not limited to account registration, authentication, recharging, consumption, suspension,termination, theft or retrieval, etc.
3.2 No False Account. You are not allowed to use other’s account to register for Game Account without the written consent of others. We may stop your Account or take other measures in our discretion if we have reasonable grounds to believe that you have stolen someone else’ account or registration data without due authorization.
3.3 No Account Transactions. Hero Entertainment prohibits profitable or non-profitable transactions of Game Account between users, including selling, reselling, renting, leasing, sharing, borrowing or providing access to your Game Account to anyone else.
3.4 Well Keeping of Game Account. You accept that you will not disclose your Game Account to anyone, and will notify us immediately of any unauthorized use of your Game Account by email. You are responsible for all activities associated with your Game Account. You accept that Hero Entertainment will not be liable for the following: 1) Non-retrieval of your Game Account due to technical restrictions or multiple transfers of Virtual Goods; 2) Consumption or transfers of Virtual Goods in the Game Account, even if it has been retrieved.
4. Content of Service
4.1 License Grant. So long as you comply with these Terms of Service and third-party Agreement(s)(if applicable), we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to:
(1) Downloading，installing, upgrading the Games on the device permitted by the Agreement and third-party platforms Agreement(s) ;
(2) Accessing and Using of Game Content for personal entertainment purposes, such as registering a Game Account, running the Games; using character systems such as creating game characters and setting game nicknames; using combat systems such as opening game rooms and setting game parameters; using social systems such as chatting and social sharing functions; viewing and confirming game match results, viewing Game Content etc;
(3) Obtaining value-added services, such as purchase of game props, game equipment, game tokens as well as use of game transaction systems within the Games;
(4) Other services provided by Hong Kong Spiral Rising.
Such rights are merely licensed to you and you do not acquire any ownership rights in the Services, Games and Virtual Goods or any other part of them other than the right to use the same under these Terms of Service.
4.2 Provision of Virtual Goods.
4.2.1 Purchasing or Obtaining Virtual Goods. Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer Virtual Goods within our Games that you can buy with legal currency. VIRTUAL GOODS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH AND ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. There may be limits to the quantity and number of times you can purchase Virtual Goods or other aspects of your transaction which we will notify you via notice or function of the Game.
4.2.2 Virtual Goods Consumption Order. Virtual Goods are basically obtained by purchase(‘’Purchased Virtual Goods”), however, you may also be able to obtain certain Virtual Goods without making a purchase, such as an in-Game award, additional Virtual Goods bonus. Please be aware that Virtual Goods are consumed in the following order: (1) if free Virtual Goods can not be distinguished from Purchased Virtual Goods, Purchased Virtual Goods will be consumed first; (2) Otherwise, it will be consumed in the order based on your actual usage.
4.2.3 No transfer between Games. Except as otherwise stated, Virtual Goods are not transferable from one Game to another.
4.2.4 Expiry Date Warning. You understand that Virtual Goods may have expiry date, so you need to use or consume them within a certain period. We will not be liable if such a case occurs when your Game Account is under restricted, disabled, suspended, banned, temporarily or permanently as a result of your failure to comply with the User Code of Conduct.
4.2.5 Restoration Event. In the event that when some game data need to be restored to a certain point in time due to an abnormality of the game server caused by our fault, during which period you may have used or consumed some Virtual Goods, you accept that we will only assume the obligation to restore or provide alternates for you based on consumption of Virtual Goods during that period.
4.3 Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or Services in part or whole, depending on the territory in which you are located as a result of legal compliance or business purposes.
4.4 Rights Reserved. The rights not expressly permitted in the Terms of Service shall be deemed to be unlicensed and still reserved by us. If you need to exercise other rights, you must obtain written permission from us. If you have such needs, do not hesitate to contact us by email.
5. User Code of Conduct
5.1 Measures for Punishment. When you obtain a license granted by us, you must abide by the provisions of the User's Code of Conduct in these Terms of Service, violation of which will lead to appropriate measures at our sole discretion.
Possible measures under these Terms of Service include making warnings, restricting or temporarily or permanently disabling, suspending, banning your Account, in part or whole, temporarily or permanently removing any content or Virtual Goods from your Account, etc. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Games and Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME Virtual Goods.
5.2 Don'ts for Users. You agree not to do any of the following:
(1) violate, or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability;
(2) be fraudulent, false, misleading or deceptive, including “trolling”;
(3) be defamatory, obscene, pornographic, violent, vulgar or offensive;
(4) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(5) be disruptive to the Game, App, its users or user community, be violent, bullying, or threatening or promotes violence, terrorism, extremism or actions that are threatening or disrespectful to any person or entity;
(6) infringe on the intellectual property rights and other legal rights of any third party;
(7) promote illegal or harmful activities or substances;
(8) use illegal fields or characters in the game, spread illegal speech and inappropriate information, or publish illegal information, etc;
(9) Steal others’ Game Accounts and Virtual Goods;
(10) Privately conduct transactions on game accounts, props, equipment, tokens and other Virtual Goods;
You acknowledge, understand and agree that you can only exchange or transfer the right to use the game accounts, props, equipment, tokens and other Virtual Goods through the built-in exchange channels of Hong Kong Spiral Rising or a third-party trading platform officially approved by Hong Kong Spiral Rising. Hong Kong Spiral Rising does not recognize or protect any transactions conducted on a trading platform that is not provided or approved by Hong Kong Spiral Rising. Any disputes and adverse consequences arising therefrom shall be settled and borne by yourself.
(11) Use illegal plug-ins. Hong Kong Spiral Rising may decide at its sole discretion to judge whether you have used illegal plug-ins based on your game data and abnormal performance;
(12) Imply or falsely claim to be an employee of Hong Kong Spiral Rising or a person with a special identity in an attempt to obtain improper benefits or affect the rights of other users;
(13) Disrupt the operation of the Game or affect the normal operation of the Game Services in any way;
(14) Violate any arrangements set out in the Agreement;
(15) Use Services for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Service, including but not limited to:
1) Registering multiple Game Accounts to gain profit from Games;
2) Especially when focusing on certain playing methods to gain relevant Virtual Goods for profit;
3) Selling Virtual Goods between different servers;
4) Collecting fees by acting as an intermediary for Game Accounts and Virtual Goods transactions;
5) Trading Game Accounts or Virtual Goods on a trading platform not provided or approved by us;
6) Selling the Virtual Goods obtained from the Games; or
7) Any other behavior for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Service;
(16) Attempt to reverse engineering, except as otherwise permitted by applicable law, by scanning, probing, testing, reverse assembly, reverse compiling of Game software, destroying and cracking Game software, illegally obtaining software source code from, or modifying, adapting, adding, deleting, or forging, translating, datamining, decompiling, or disassembling or making derivative works similar to or even the same as any Services or Game Content of the Games;
(17) Modify or forge instructions and data in software operations, or add, delete, change the functions or operating effects of the software;
(18) Use, produce, publish and disseminate third-party software, plug-ins, add-ons, and systems not developed or authorized by Hong Kong Spiral Rising when using our Game;
(19) Use, rent, lend, copy, modify, link, reprint, compile, release, or publish the content related to intellectual property in game software and other behaviors that infringe on the intellectual property of Hong Kong Spiral Rising;
(20) Establish a private server to provide online Game operation services;
(21) Promote, join in or enable anyone else to do any of the foregoing;
(22) Other behaviors that are not expressly authorized by Hong Kong Spiral Rising or other misconducts widely recognized in the game industry.
5.3 You are fully aware of the facts that:
(1) To create a fair and healthy game environment, you understand that we may need to know about the random storage memory of your terminal device and related programs running through technical means. Once unauthorized programs endangering Game operations are found, all reasonable necessary measures will be taken.
(2) In the event that we, in our sole discretion, conclude that you have violated the User Code of Conduct, such as account theft, use of plug-ins, cheating, etc. based on your game data or reports from others, we may take technical means to remove, block or disconnect the link or take measures stated in Article 5.1 without prior notice to you, unless you can provide sufficient verified evidence to overrule the judgment.
(3) In the event that you violate the provisions of the Agreement, game rules or agreement(s) of any individual services and thus cause any damages to any third-party or us, you shall be solely responsible for any claims, demands or losses arising therefrom.
6. Charging Policy and Value-added Services
6.1 Value-added Services. You may obtain certain value-added Services by purchase. Value-added services provided may enrich your game resources, improve your game efficiency, and thus optimize your game experience.
6.2 Virtual Currency and Tokens. Subject to applicable laws, Hong Kong Spiral Rising may issue virtual currency within the Game(“Tokens”). Such tokens can be purchased directly or indirectly with legal currency and may be used to purchase value-added services. It is noted that game tokens (included by Virtual Goods) cannot be directly or indirectly exchanged for legal currency.
6.3 FORMATION OF PURCHASE ORDER(S). ALL PURCHASE ORDERS ARE SUBJECT TO ACCEPTANCE BY US AND AVAILABILITY OF THE SERVICES. YOUR ORDER MERELY CONSTITUTES AN OFFER TO US TO PURCHASE THE SERVICES. ONCE WE MAKE THE SERVICES AVAILABLE, PURCHASE ORDERS BETWEEN US ARE THUS BECOME EFFECTIVE. WE ALSO RESERVE THE RIGHT TO CHANGE PRICES WITHOUT PRIOR NOTICE AT ANY TIME BEFORE THE EFFECTIVENESS OF THE PURCHASE ORDER.
6.4 Change of Charging Policy. Except as otherwise prohibited by applicable law, we may set, modify, and change the charging standards and methods in our sole discretion. A new charging policy will be announced and clearly indicated. Please carefully review and fully understand them before accepting them. By continuing to use and purchase our Services, you accept and agree to the new charging policy.
6.5 No Payment Through Unauthorized Channels. We will not be liable for any disputes arising from your payment through unauthorized channels and methods.
6.6 Data related costs. You are fully responsible for all expenses for your access to the network environment and the relevant expenses payable to the network operator, including but without limitation, mobile fees, text-messaging fees and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
7. Refund
SUBJECT TO APPLICABLE LAW, OR ANY THIRD PARTY PLATFORM’S POLICY (IF APPLICABLE), ALL GAMES, VIRTUAL GOODS AND OTHER SERVICES HAVE NO MONETARY VALUE FOR EXCHANGE AND ARE NOT REDEEMABLE, REFUNDABLE OR ELIGIBLE FOR ANY OTHER ALTERNATE REMEDY FOR ANY LEGAL CURRENCY OR ANYTHING OF MONETARY VALUE, UNLESS THEY ARE DEFECTIVE, UNAVAILABLE, OR DO NOT PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS WE PROVIDE.
BY PURCHASING AND USING THE GAMES, VIRTUAL GOODS AND OTHER SERVICES, YOU HEREBY WAIVE YOUR RIGHT TO WITHDRAW FROM YOUR AGREEMENT TO PURCHASE THE APPLICABLE GAME, VIRTUAL GOODS, OTHER SERVICES AND YOU AGREE THAT YOU WILL THEREFORE NOT BE ELIGIBLE TO RECEIVE A REFUND (OR ANY ALTERNATIVE REMEDY) IN RELATION TO SUCH GAME, VIRTUAL GOODS AND OTHER SERVICES, EXCEPT WHERE THE LAW IN YOUR JURISDICTION PROVIDES A RIGHT OF WITHDRAWAL THAT CANNOT BE WAIVED BY CONTRACT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS.
8. Intellectual Property
8.1 IPR, Other Rights and Interests Owned by Hong Kong Spiral Rising. Th