Terms of Use
Effective Date:
PLEASE READ THESE TERMS OF USE
CAREFULLY!
Welcome! These Terms of Use (“TOU”) describe
the Terms and conditions
applicable to your access and use of the websites, mobile sites, mobile
applications and other portals owned, operated, branded or made available by East
Blast Games and/or its affiliates (collectively
“Company”, “we”, “our” and “us”) from time to time. This document is a legally
binding agreement between you as the user(s) of the Sites (referred to as
“you”, “your” or “User” hereinafter) and the Company.
1. Application
and Acceptance of the TOU
When you use the Service, you
represent that:
1. your use of the
Service does not violate any applicable law or regulation;
2. you are 13 years of
age or older; and
3. you are of sufficient
legal age or otherwise have legal capacity to legally enter into these TOU
If you do not agree to these
TOU, you must not use our services. Our Privacy Policy, located at
http://eastblastgames.com/Privacy_Policy.html is part of and is
governed by these TOU. By agreeing to these TOU, you agree to be bound by the
TOU of the Privacy Policy and agree that we may use information collected from
you in accordance with its TOU.
2. Provision
of Services
(1) The Company grants each
user a non-exclusive and limited license to use the object code version of the
App for non-commercial purposes. Each user may make a single copy of the App in
object code form for archival or backup purposes. The user must include all
Notices on all such copies. Users are prohibited from reverse engineering,
decompiling or disassembling the App or attempting to gain access to the source
code of the App except and only to the extent that it is expressly permitted by
applicable law. To the extent applicable law permits contractual waiver of such
right, you hereby waive your rights to do so.
(2) Each user is prohibited
from transferring or assigning the App or these TOU and/or any rights or
obligations hereunder without the prior written consent of the Company.
(3) Your rights under this TOU
will automatically terminate if you breach any of your material obligations
under this TOU.
(4) Promptly after such any
termination of this TOU, you will destroy all copies of the App and uninstall
the App from your device.
(5) All rights not expressly
granted are reserved
3. Third
Party Services
The services may contain links
to third party sites, and we are not responsible for and we do not endorse,
support or guarantee the lawfulness, accuracy or reliability of any content
submitted to, transmitted or displayed by or linked by our services, including
any other content provided by other users of our services or by our
advertisers.
We also do not guarantee the
quality, reliability or suitability of any third party
services provided, made available, advertised or linked through our services,
and we will bear no responsibility for your use of or relationship with any
such third party services. If you access third party services through our
services, you must comply with any TOU and conditions applicable to those
services.
4. Our
Intellectual Property Rights
All intellectual property
rights in or to our services and software (including any future updates,
upgrades and new versions) will continue to belong to us and our licensors.
Except as expressly provided in these TOU, you have no right to use our
intellectual property rights.
5. Indemnity
You agree to defend,
indemnify, and hold harmless East Blast Games, its parents, subsidiaries, and
affiliates, and each of their respective officers, directors, employees, agents
and advisors from any and all claims, liabilities, costs, and expenses,
including, but not limited to, attorneys’ fees and expenses, arising out of a
breach of your obligations, representation and warranties under these TOU.
6. EXCLUSION
OF WARRANTIES
NOTHING IN THESE TOU SHALL
AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR
WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS
IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN
PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL
MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY
YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR
FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE
CORRECTED.
NO CONDITIONS, WARRANTIES OR
OTHER TOU (INCLUDING ANY IMPLIED TOU AS TO SATISFACTORY QUALITY, FITNESS FOR
PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE
EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TOU. WE MAY CHANGE, SUSPEND,
WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR APPLICATION FOR
BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
7. LIMITATION
OF LIABILITY
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY MATERIALS, OR ANY
OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THESE TOU OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE
SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TOU OF SERVICE,
WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY
SHALL NOT EXCEED $50.
8. GOVERNING
LAW AND DISPUTE RESOLUTION
Except to the extent that: (i) any applicable additional TOU incorporated into these
TOU provide differently, or (ii) the applicable laws and regulations of your
jurisdiction mandate otherwise (for instance, you may have statutory rights in
your jurisdiction in relation to bringing or defending claims in a local court
(including small claims court (or similar court)), these TOU and any dispute or
claim arising out of or in connection with these TOU will be governed by the
law of the Hong Kong Special Administrative Region.
Any dispute, controversy or
claim (whether in contract, tort or otherwise) arising out of, relating to, or
in connection with these TOU, including their existence, validity,
interpretation, performance, breach or termination, will be referred to and
finally resolved by arbitration administered by the Hong Kong International Arbitration
Centre under the Hong Kong International Arbitration Centre Administered
Arbitration rules in force when the Notice of Arbitration is submitted. The
seat of the arbitration will be Hong Kong. There will be one arbitrator only.
The arbitration proceedings will be conducted in English.
9. Notice.
If you have any questions,
please contact zwyunshang@163.com.