Terms of Service (TOS)

[Anubis]

Rune-Midgarts Studio (RMS) PTE LTD. ("Company," "we," "us," or "our") maintains these Terms of Service ("TOS") which describe the terms and conditions applicable to the use of our mobile game application called Ragnarok Origin (Origin World), which can be played by End Users on a cell phone, smartphone, PDA, tablet, portable media player, or other portable devices ("Mobile Devices") and is operated in certain hardware environment with corresponding operating system ("Markets"), including, without limitation, Android, iOS, and Windows Phone (each, an "Application" and collectively, "Application"). For clarity, the mobile game called Ragnarok Origin is not an HTML5 game, which is developed based on HTML5 language to enable you to play Ragnarok Origin on the smartphone over the internet using a web browser, as well as on the computer over the internet using a web browser. Your use of the Application is subject at all times to these TOS, our privacy policy ("Privacy Policy") and any additional end user license agreements (the "EULA") that may apply. Any inconsistencies between these TOS, the Privacy Policy or any EULA will be resolved by the Company at its sole and absolute discretion.

EACH TIME YOU USE OR ACCESS AN APPLICATION, YOU AGREE TO BE BOUND BY THESE TOS AND DECLARE THAT YOU HAVE READ AND UNDERSTOOD THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT USE OR ACCESS THE APPLICATION. YOUR CONTINUED ACCESS AND USE OF ANY APPLICATION WILL BE DEEMED AS YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. FURTHERMORE, IF YOU ARE A MINOR, YOU DECLARE THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO YOU AND ANY PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.

PLEASE NOTE THAT THE COMPANY DOES NOT PROVIDE ANY GAMING SERVICE TO USERS IN EUROPE, EXCEPT FOR THE "RUSSIAN FEDERATION AND CIS" ("European User"). THEREFORE, PLEASE DO NOT ATTEMPT TO PLAY ANY GAME THROUGH THE COMPANY'S SERVICES IF YOU ARE A EUROPEAN USER.

As the Application is accessible through the Markets, both the TOS and the relevant terms and conditions of a particular Market, rules, policies or guidelines establish additional conditions that may be applicable to an Application (the "Additional Conditions"). To the extent there is a conflict between the TOS and any Additional Conditions, the Additional Conditions will prevail, unless the Company determines otherwise, at its sole and absolute discretion.

1. LICENSE

(a) Grant of License. Subject to the terms and conditions of these TOS, the Privacy Policy, and any Additional Conditions (each of which is incorporated by reference), the Company grants you, excluding the European User, a limited, non-exclusive, non-transferable, and revocable right and license to: (i) download, install and use the Application (excluding the source code) on Mobile Devices, and (ii) access and use the Application through the Markets. The Company may terminate this license without notice in the event you fail to comply with these TOS, the Privacy Policy, or any Additional Conditions. Upon termination of the license, you must cease all access and use of the Application immediately.

(b) Limitations. The license granted to you is subject to the following limitations. You shall not or permit any other person to:

(i) in whole or in part, (1) modify or create any derivative work of the Company's Materials (defined below), user content of other users or the Application, or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organization of any Application;

(ii) modify, alter, or remove any copyright, patent, confidentiality, trademark, and other notices, labels, or legends on any Company's Materials, user content of other users, or the Application;

(iii) sell, grant a security interest in or transfer reproductions of any Company's Materials, user content of other users, or the Application to other parties in any manner not expressly authorized herein;

(iv) assign, rent, lease, distribute, or license any Company's Materials, user content of other users, or the Application to third parties;

(v) exploit any Company's Materials, user content of other users, or the Application, or any of its parts, for any commercial purpose;

(vi) use third-party software to modify any Application;

(vii) use any Application to access, copy, transfer, transcode, or retransmit

 content in violation of third party intellectual property rights; or

(viii) create or maintain, under any circumstances, unauthorized connections with any Application. All connections with the Application can only be made through methods and means expressly approved by the Company. Under no circumstances shall you connect, or create tools that enable you or others to connect, to the proprietary interface or interfaces different from those expressly provided by the Company for public use.

(c) Additional Agreements.

(i) You agree to use the Application only in accordance with these TOS, the Privacy Policy, Additional Conditions, and applicable rules, laws, and regulations, including applicable tax laws.

(ii) By accessing and using the Application, you represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.

(iii) You agree that, by accessing and using the Application, you may be exposed to content that you may find offensive, indecent, or objectionable, and that you access and use the Application at your own risk.

(iv) You agree that, if you recently acquire nationality or for any reason become a European User after accessing the Application or registering, creating user accounts of the Application, you must notify such fact to the Company so that we can terminate your access to the Application under the condition of these TOS.

Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS will result in immediate (without notice) and automatic termination of the license granted herein and may subject you to civil and/or criminal liability.

2. INTELLECTUAL PROPERTY

(a) Company's Materials. The Company, its licensors, and/or certain third parties (as applicable) retain all right, title, and interest (including all intellectual property rights) in all materials that are part of the Application (including past, present, and future versions) (excluding User Content), including, without limitation: graphics; layout; text; images; audio and/or video; designs; ad copy; logos; domain names; trade names and trademarks; and service marks; any copyrightable material; the "look and feel"; the compilation, assembly, and arrangement of the materials of the Application; and all other materials or content available on the Application (collectively, the "Company's Materials") and such Company's Materials are protected against unauthorized use, copy, and dissemination by copyright, trademarks, patents, publicity, and other laws, rules, regulations, and international treaties.

(b) Trademark Notice. All words and logos in an Application marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensors. All rights are reserved. All other trademarks and service marks that appear in the Application are the property of their respective owners. All rights are reserved. The use of any of our trademarks, service marks, or names as "metatags" for any purpose other than expressly authorized in these TOS is strictly prohibited.

(c) Application. The Company and/or its licensors retain all right, title, and interest (including all intellectual property rights) in all Applications, copies thereof, and all error corrections, bug fixes, patches, updates, derivative works, enhancements, modifications thereto (whether made by the Company, its licensors, you, or others), any titles, computer code, themes, objects, characters, character names, stories, catchphrases, locations, concepts, artwork, inventories of characters, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, likenesses of characters, methods of operation, moral rights, any in-game currency, in-game accessories or incentive points, any related documentation, and "applets" incorporated into the Application. The rights described in the preceding sentence are the copyrighted work of the Company and/or its licensors and are protected by the copyright laws of the People's Republic of China ("China"), international copyright treaties and conventions, and/or other applicable laws. The Application may contain certain materials licensed, and the licensors of those materials may enforce their rights in the event of any violation of these TOS.

(d) Third Parties. The Application may incorporate, and may be incorporated into, software and other technologies owned and controlled by third parties. Any third-party software or technology incorporated in the Application falls under this TOS. Any other third-party software or technology that may be distributed together with the Application will be subject to your explicit acceptance of a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with the Company regarding such third-party software or technology, and you will turn exclusively to the applicable third party, not the Company, to enforce your rights.

(e) No Additional Rights: Only the licenses explicitly set in these Terms of Service (TOS) are granted. No other licenses are granted under these TOS by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS intends to transfer any rights, title, and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are inadvertently or erroneously considered or deemed the owner of any of these rights, you agree to irrevocably assign and hereby irrevocably assign to the Company or its licensors, as applicable, all such rights from the effective date of these TOS, and agree to execute all documents to implement and confirm the content and intent of the foregoing.

(f) In-Game Items: You acknowledge and agree that you only have a license to access and use the Application, and as the Company owns or has licensed, all Company Materials, the Application, and other content appearing in the Application, the Company does not recognize any claims of ownership outside the Application, or the sale, donation, or exchange in the "real world" of anything related to the Application. Specifically, although you may acquire, create, design, or modify in-game virtual currencies (e.g., coins, cards, money, tokens, points, etc.), virtual in-game accessories, incentive points, or other goods or services for use in the Application (collectively, "Virtual Items"), you agree that you will not acquire any property interest in any Virtual Items. Consequently, you may not sell such Virtual Items for "real" money or trade Virtual Items, and doing so may lead to the immediate (without prior notice) and automatic termination of the license granted here and may subject you to civil and/or criminal liability.

IMPORTANT NOTICE: Except as otherwise provided in these TOS or Additional Conditions, the Company does not recognize or endorse any external service that may be used for the exchange of Virtual Items that you may accumulate as a result of accessing or using the Application. This includes the exchange of any Virtual Items on third-party services, including eBay™ or Yahoo!™ Auctions. We assume no responsibility for such transactions and will not support them.

(g) ANY PURCHASE OF VIRTUAL ITEMS DOES NOT GUARANTEE SERVICE IN THE EVENT THE COMPANY CEASES TO OFFER THE APPLICATION FOR ANY REASON, IS ACQUIRED BY THIRD PARTIES, OR FILES FOR BANKRUPTCY IN ANY COURT.

3. ACCOUNT, FEES, AND REFUNDS

Currently, you may access the Application without establishing a user account ("Account"). However, in the future, we may require users of the Application to register and create an Account. You may allow our Services to interact with Markets, which will provide data about you to us. If you choose to connect to the Application through the Markets, we may collect personal information from your profile on the Markets, such as your name, username, and photographs. Be sure to read their terms of service and privacy policies to understand how they handle your data and what data they may share with us. Additionally, if you are a European User, please be aware that the Company does not offer any gaming service to a European User, and you have the obligation to notify this fact to the Company so that we can terminate your access to the Application under the TOS conditions.

You must pay the applicable fee for each Application and any available Virtual Items. When applicable and subject to the applicable payment terms and conditions, you may request Virtual Items by visiting the purchase page in the Application and providing your credit card information, PayPal, or another applicable payment method. In addition to the above, you acknowledge and agree that you will be solely responsible for and bear all telecommunications expenses, including phone charges, Internet connection charges, and electricity charges, arising from your access and use of the Application.

Subject to technical problems and revisions of payment policies that may be instituted by the Company and partners at any time, without prior notice, you may pay for any applicable fees and other charges with a credit card or other methods expressly authorized in writing by the Company and its partners. Any dispute between you and any third-party payment provider (including a credit card company) will be resolved directly between you and such third-party provider. Under no circumstances will the Company be liable for any obligations incurred by you to such third-party provider in connection with your access and use of the Application. You agree to indemnify, defend, and hold harmless the Company, its licensors, affiliates, employees, directors, and officers from all claims for liabilities, losses, and expenses, including reasonable attorney's fees, from third parties arising from such a dispute.

You have the right to discontinue access and use of any Application at any time. You understand and agree that, unless expressly otherwise provided in these TOS, cessation of access and use of the Application is your sole right and remedy concerning any dispute, including, but not limited to, any dispute related to: (i) any term of these TOS or the application or enforcement of these TOS by the Company, (ii) the Company Materials and other content available through the Application, (iii) your ability to access and/or use the Application and/or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change in fees, applicable taxes, surcharges, or billing methods.

Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete your access to the Application (or any part of it) at any time, if you are or we suspect that you are a European User or if you fail to comply with any of these TOS, the Privacy Policy, or Additional Terms, with or without prior notice to you. If the Company terminates your access to the Application, you may lose your user ID as well as any benefits, privileges, Virtual Items, and User Content associated with the Application in question, and we have no obligation to compensate you for such losses or results.

Additionally, no online time or other credits will be provided to you or converted into cash or another form of refund, and you will no longer have access to the Application in question (including all Virtual Items). Furthermore, except as otherwise provided in these TOS or Additional Terms, you will not have the right to transfer, sell, or assign any Virtual Items to any other person. Under no circumstances will the Company be responsible for storing any User Content and other information after the suspension, termination, modification, or deletion of your access to the Application.

WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In that case, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Money and/or Virtual Goods associated with the terminated account will also be deleted, and no refund will be offered to you concerning such deleted Virtual Money or Virtual Goods.

We reserve the right to discontinue offering and/or supporting an Application at any time, at which point your license to access and use the specific Application will automatically terminate without the need for further actions. In that case, we will not be obliged to provide refunds, benefits, or other compensation to you.

There may also be times when our Services or any part of them are not available for technical or maintenance reasons, whether on a scheduled or unscheduled basis. You agree that the Company has no responsibility and is not liable for the unavailability of the Services or any part of them, for any loss of materials, data, transactions, or any other information or materials caused by such system interruptions or other losses resulting from such system interruptions.

ALL FEES AND CHARGES INCURRED IN THE PURCHASE OF VIRTUAL ITEMS ARE NON-REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT OBLIGATED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN WE CEASE TO OFFER AND/OR SUPPORT ANY APPLICATION AVAILABLE TO YOU.

4. USER CONTENT

The Company does not solicit submissions, creative materials, ideas, or suggestions, except those the Company may specifically request. Any communication or material you transmit to the Company by email or otherwise, including, without limitation, data, questions, feedback, comments, ideas, images, texts, music, sounds, audiovisual effects, art, design elements, graphics, suggestions, concepts, biographical information, notes, or chat or message postings, will be treated as non-confidential and non-proprietary, except as otherwise described in the Privacy Policy. As part of an Application, the Company may invite you to participate in blogs, message boards, contests, sweepstakes, forums, and other functionalities, and may offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or transmit content and materials to the Company and/or to or through an Application, including, without limitation, text, writings, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively, excluding Company Materials not created by you, "User Content"). You agree that your User Content is completely original and that you exclusively own the rights to your User Content, including the right to grant all rights and licenses in these TOS without the Company incurring any third-party obligations or liabilities arising from the exercise of the rights granted here by you.

You grant the Company unrestricted, unconditional, unlimited, global, irrevocable, perpetual, fully paid, and royalty-free rights and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, modify, delete, create derivative works from, rename, reformat, translate, archive, store, cache, or otherwise exploit in any manner, all or any part of your User Content that you contribute, for any purpose, in any format, across all mediums, software, formula, or means now known or hereafter developed, with any technology or devices now known or to be developed in the future, and to advertise, market, and promote the same. You further agree that the Company is free to use any ideas, information, concepts, know-how, or techniques contained in any User Content you send to the Company, for any purposes, including, without limitation, developing, producing, marketing, and exploiting products and/or services using such User Content, without any compensation of any kind. You also grant the Company a perpetual and irrevocable right to use and exploit your name, persona, and image included in any User Content and in connection with any User Content, without obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered in a manner not acceptable to you.

The Company is not obligated to monitor or enforce its intellectual property rights over your User Content, but has the right to protect and enforce its licensed rights over your User Content, including, without limitation, by moving and controlling actions in your name and on your behalf (at the Company's expense, to which you consent and irrevocably appoint the Company as your attorney, with the power of substitution and delegations, this appointment being coupled with an interest). You also agree and understand that the Company is under no obligation to use your User Content and that you will receive no consideration or compensation for your User Content or for any exploitation of it.

You acknowledge and agree that your communications with other users through any communication channel in an Application are public and not private, and that you have no expectation of privacy concerning your access and use of an Application. You acknowledge that personal information you communicate in an Application may be seen and used by others and may result in unsolicited communications; therefore, we strongly encourage you not to disclose personal information about yourself in your public communications in an Application. You are solely responsible for such communications and their legality under all applicable laws and regulations. The Company is not responsible for the information you choose to communicate to other users in an Application, nor for the actions of other users. For information on the use of information collected by the Company in connection with the Application, please consult the Privacy Policy.

5. ONLINE CONDUCT

You agree that you will be personally responsible for your access and use of the Application and for all your User Content and online activity in connection with the Application, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses, and expenses, including reasonable attorney's fees, from third parties arising from such use, User Content, and activity. Specifically, you agree to comply with these Terms of Service (TOS), all applicable laws, rules, and regulations governing the disclosure and use of third-party property, including, without limitation, all intellectual property rights. In addition, you agree not to engage in any of the following behaviors:

(a) Posting, transmitting, promoting, or distributing illegal content.

(b) Harassing, threatening, abusing, defaming, slandering, denigrating, embarrassing, or engaging in any other disruptive behavior involving another user, the Company, or an employee or affiliate agent.

(c) Transmitting or facilitating the distribution of harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or, in the view of a reasonable person, objectionable content.

(d) Violating the intellectual property rights of the Company or any third party.

(e) Altering, deleting, or canceling any user profile information or User Content.

(f) Interfering with the flow of chat in chat rooms with vulgar language, abuse, repeatedly pressing the return key, or inserting large images so that the screen scrolls too fast to be read, excessive shouting, using ALL CAPS in an attempt to disturb other users, "spamming" or flooding or posting repetitive text.

(g) Pretending to be someone else, indicating that you are an employee or agent of the Company or affiliate, or attempting to deceive users by indicating that you represent the Company or any of the Company's licensors or affiliates.

(h) Attempting to obtain a user ID, password, or other user information, or any other private information from a user. Company employees will NEVER ask for your password. Do NOT provide your password, secret answers, or billing information to anyone.

(i) Uploading any content that you do not own or do not have the right to freely distribute.

(j) Participating in, promoting, or encouraging any illegal or fraudulent activity, including hacking, cracking, or distributing counterfeit software, or identity theft.

(k) Uploading files or displaying URLs containing a virus or corrupted data.

(l) Posting messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes.

(m) Making any commercial use of the Application, including using the Application as an Internet dating service site, use in a cybercafe, computer gaming center, or any other location-based site without the express written consent of the Company.

(n) Misusing support or complaint buttons in the game or making false reports to the Company.

(o) Using or distributing "automated" software programs, "macro" software programs, or other "cheating" software or Applications.

(p) Modifying, reproducing, distributing, deleting, or creating derivative works of the Application, Company Materials, or any User Content displayed on it, or any part of it.

(q) Attempting (or authorizing, encouraging, or supporting attempts) to circumvent, reverse engineer, decrypt, break, or otherwise alter or interfere with the Application or any component of it.

(r) Soliciting or attempting to solicit and post or communicate the personal information of any user.

(s) Interfering, hacking, or deciphering any transmission to or from the servers running the Application.

(t) Exploiting any bug in any Application or in any Company product to gain an unfair advantage in a game or exploit it for commercial purposes. You agree not to communicate the existence of any bug (directly or through public posting) to any other user or third party.

(u) Attempting to play any game on or through any service not controlled or authorized by the Company. You will not participate in any online service that provides online features or gameplay for a game not authorized by the Company. Note that the Company does not provide any gaming service to a European User. Therefore, do not attempt to play any game on or through any service if you are a European User.

(v) Doing anything that interferes with the ability of other users to enjoy playing a game and using the Application or that materially increases the expense or difficulty of the Company in maintaining the Application for the enjoyment of all its users.

(w) Selling, buying, gifting, or trading Virtual Items for "real" money, except as otherwise set forth in these TOS or Additional Terms.

(x) Copying, selling, assigning, leasing, licensing, or granting a security interest in the Application or any part of it (including Company Materials and Virtual Items).

(y) Modifying or removing any copyright, patent, confidentiality, and other notices, labels, or captions in the Application.

(z) Hosting, providing, or developing matchmaking services for a game or intercepting, emulating, or redirecting the communication protocols used by the Company or its licensors in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying, or adding components to a game, use of a utility program, or any other techniques now known or to be developed in the future, for any purpose, including but not limited to unauthorized network play over the Internet, network play using commercial or non-commercial gaming networks, or as part of content aggregation networks.

(aa) Attempting to obtain and maintain unauthorized connections to an Application. All connections to a game and/or the Application can only be made through methods and means expressly approved by the Company. Under no circumstances will you connect or create tools that allow you or others to connect to the proprietary interface of a game or interfaces other than those expressly provided by the Company for public use.

(bb) Interfering with or attempting to interfere with the proper functioning of the Application or connecting to or using the Application in any way not expressly permitted by this TOS.

(cc) Using the Application in connection with any violation of any applicable laws, rules, or regulations, or doing anything that promotes the violation of any applicable laws, rules, or regulations.

If you encounter another user who is violating any of the items described in the Online Conduct list above, please report them to [email protected].

6. MODIFICATIONS

(a) Terms of Service. The Company may, from time to time, modify, alter, or supplement these TOS and publish such changes on the TOS page. Such modifications or supplements will take effect immediately upon posting on the Application. You are responsible for periodically checking the Application for changes to the TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you agree that your sole remedy is to stop using the Application. Your continued access and use of any Application constitute your agreement to be bound by the modified TOS.

(b) Changes. The Company reserves the exclusive right and may, at any time and without prior notice and without liability to you, modify, supplement, suspend, or discontinue (collectively, "Changes") the Application, temporarily or permanently, in whole or in part. Any Change will become effective immediately upon notification by posting in the Application or in these TOS, or by any other method of notification that the Company considers appropriate. Any access or use of the Application after such Change notification constitutes your acceptance of such Change. Temporary interruptions in the availability of the Application may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees are responsible to you or any third party for any revision, supplement, suspension, or discontinuation of the Application and termination of any license. The Application may include technical inaccuracies, typographical errors, or allow you to access or download harmful or malicious code introduced on the Internet by third parties. The Application is available internationally and may contain references to products, programs, and services of the Company and/or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make such products, programs, or services available in your location.

(c) Application. The Company and/or its licensors may deploy or provide patches, updates, enhancements, error corrections, bug fixes, modifications, and additional features or functions to any Application that must be installed for you to continue accessing and using the Application. The Company and/or its licensors may update or upgrade the Application remotely, including, without limitation, the Application residing on your machine, without your knowledge or consent, and you hereby grant the Company and its licensors your consent to deploy and apply such patches, updates, enhancements, error corrections, bug fixes, modifications, and additional features or functions to the Application. The Company is under no obligation to provide you with any subsequent versions of the Application. You may have to enter a renewed version of these TOS if you wish to download, install, or use a new version of the Application.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND THE INTERNET IS AT YOUR SOLE RISK. THE APPLICATION, THIRD-PARTY SERVICES, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE APPLICATION IN A COMMERCIALLY REASONABLE MANNER AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATION AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE APPLICATION ARE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR LOSS OF DATA RESULTING FROM SUCH ACCESS OR USE.

8. LIMITATIONS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS, OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE APPLICATION OR THE ACCESS OR USE OF IT. FURTHERMORE, IN NO EVENT WILL THE LIABILITY OF THE COMPANY'S AFFILIATES, LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, OR DIRECTORS ("COMPANY AFFILIATES") EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THE APPLICATION IN QUESTION. EVEN MORE, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, OR AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING OUT OF YOUR ACCESS AND USE OF ANY APPLICATION, THE INTERNET, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OR POSSESSION, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THESE JURISDICTIONS, THE LIABILITY OF THE COMPANY AND ITS COMPANY AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH ANY APPLICATION AND WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. LINKS TO OTHER SITES

For the convenience of our users, an Application may provide certain links to websites provided by third parties. The Company is not responsible for the content of any other site linked from an Application. If you link to another site, you leave the Application in question and do so entirely at your own risk. The Company provides links from an Application to other sites only as a convenience to you and in no way should this be interpreted as an indication or endorsement of any content, sponsor, or owner of any other site. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS EXPRESS OR IMPLIED IN RELATION TO ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses, and expenses, including reasonable attorneys' fees and costs, arising from third parties due to: (a) any breach of these TOS, the Privacy Policy, Additional Terms, or any applicable rules, laws, or regulations, whether or not referenced herein, (b) in connection with your access and use of the Application, (c) violation of any third-party rights, (d) misuse of the Application, or (e) communication disseminated through the Application. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

11. APPLICABLE LAW

The Application is made available, operated, and controlled by the Company in China. It can be accessed from various countries around the world. The laws of China, without considering conflicts of legal provisions, will apply to all matters arising from the Application and its access and use. By accessing and using the Application, you submit to and agree to the exclusive jurisdiction of the West Beijing District Court, located in Beijing, China, in relation to any dispute or cause of action arising from or in connection with these TOS, the Privacy Policy, Additional Terms, and/or your use of any Application. You are solely responsible for your interactions with other users of the Application. If you have a dispute with one or more users of any Application, you release us (and our licensors, affiliates, employees, officers, directors, contractors, agents, third-party suppliers, licensors, and third-party partners) from claims, demands, and damages (actual and consequential) of all kinds and natures, known or unknown, arising from or related to such disputes.

12. CAUTIONARY MEASURES

You acknowledge that the rights granted and obligations made to the Company here are of a unique and irreplaceable nature, whose loss would irreparably harm the Company and cannot be replaced by monetary damages alone, so the Company will be entitled to injunctive relief or other equitable remedies (without the obligation to post any bond or security) in the event of any breach or anticipated breach by you. You irrevocably waive all rights to seek injunctive relief or other equitable remedies and agree to limit your claims to claims for monetary damages (if any).

13. INVALID WHERE PROHIBITED

The information provided through the Application is not intended for distribution or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material in the Application is legal in every jurisdiction from which such content can be accessed or is available for use in all jurisdictions. If you access or use the Application, you are responsible for complying with all applicable local laws.

PEOPLE WHO REACH THE "COMPETENT AGE" TO GIVE VALID CONSENT ACCORDING TO THE RELEVANT NATIONAL LAW MAY ONLY USE OUR APPLICATION. FURTHERMORE, THE APPLICATION IS INTENDED FOR USE BY PEOPLE AGED THIRTEEN (13) YEARS OR OLDER. BY ACCESSING AND USING ANY APPLICATION, YOU DECLARE AND WARRANT THAT YOU ARE (13) YEARS OR OLDER AND THAT YOU AGREE TO OBEY ALL THE TERMS AND CONDITIONS OF THESE TOS, THE PRIVACY POLICY, AND ADDITIONAL TERMS. FURTHERMORE, IF YOU ARE BETWEEN (13) AND THE COMPETENT AGE, YOU DECLARE AND WARRANT THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO ACCESS AND USE THE APPLICATIONS. IF YOU ARE UNDER (13) YEARS OLD OR ARE BETWEEN (13) AND THE COMPETENT AGE, BUT DO NOT HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO ACCESS AND USE THE APPLICATIONS, THE COMPANY MAY IMMEDIATELY (WITHOUT PRIOR NOTICE) TERMINATE THE LICENSE GRANTED HERE.

14. COMPLAINTS, NOTICE, AND CONTACT INFORMATION

The Company takes allegations of intellectual property rights infringement and violations of privacy or publicity rights very seriously. If you believe that any material that is or has been in any Application infringes or has infringed any rights, including copyright or trademark rights, owned by you, or an owner for whom you are authorized to act, please contact us at [email protected].

15. PRIVACY POLICY

The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy outlines how the Company may use your personal data, traffic data, and the content contained in your communications. If you object to the use of your information as set out in the Privacy Policy, your only recourse is to stop accessing and using the Application.

16. NOTICE

In the event that the Company decides, at its sole discretion, to notify a user about the termination of the licenses granted herein, revisions to the payment policies, or any Changes, it may do so by email, telephone call, posting in the Application or in these TOS, or by any other method of notice that the Company considers appropriate. When the Company decides to give such notice, any access or use of any Application after the delivery of such notice constitutes your acceptance of the notified action.

17. RESTRICTIONS

The Application may be subject to international rules governing the export of software. You must comply with all applicable international and national laws that apply to the Application, as well as end-user, end-use, and destination restrictions issued by national governments.

18. MISCELLANEOUS

If any provision of these TOS is deemed invalid or unenforceable, that provision will be reformed to reflect as faithfully as possible the original intent in accordance with applicable law, and the remainder of the TOS will remain in full force and effect. The TOS, the Privacy Policy, and the Additional Terms (if applicable) constitute the entire agreement between the parties concerning the subject matter herein and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Nothing in the preceding sentence shall exclude or restrict your liability arising from fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company. The failure of a party to assert any right under these TOS shall not be considered a waiver of that right and that right shall remain in full force and effect. Furthermore, the TOS, any Additional Terms, and the Privacy Policy, including the Company's enforcement of these policies, are not intended to confer, and do not confer, any rights or remedies upon any person. The original Portuguese version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the Portuguese version and any other language version, the Portuguese version shall prevail. You are not permitted to assign the TOS or any rights hereunder. The Company is permitted, at its sole discretion, to assign the TOS or any rights hereunder to any third party, upon prior notice to you.

If you have any questions, complaints, or comments about these TOS, or have other questions or suggestions about the Application, please contact us by email at [email protected]. Rune-Midgarts Studio (RMS) PTE LTD. All rights reserved.