PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.
This term of service(“Agreement”) is entered into by and between you and Shenzhen Huanyinli Network Technology Co., Ltd. (hereinafter referred to as "MagicGravity", "we", "us" or "our") in relation to our online game and any related services (together referred to as our "Game"). You agree that by accessing and/or playing our Game, you are binding to this Agreement. In addition, when using our Game, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time.
MagicGravity Game(s) include but not limited to the software of MagicGravity Game(s) (including but not limited to the whole game software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by MagicGravity under this Agreement, and/or any copy of the foregoing.
Please note the software of MagicGravity Game(s) may contain Cheat Detection software or features. “Cheat Detection” means functionality intended to identify Cheats. “Cheats” means programs, methods, processes or other programs with software or hardware on any formats that may give users an unfair competitive advantage within MagicGravity Game(s).
If you do not agree to install the Cheat Detection software or at any time remove or disable the Cheat Detection features, alone or make combination with MagicGravity Game(s), the license granted to you under this Agreement automatically terminates and you may immediately stop accessing to any of the MagicGravity Services.
Please note that the MagicGravity Game(s) with the Cheat Detection software therein may collect and transmit details about your Account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that MagicGravity may exercise part or all of its rights hereunder. You confirm that, by installing, copying, running or otherwise using the MagicGravity Game(s), you agree to be bound by this Agreement.
By making a registration or application for the Account, downloading the software of MagicGravity Game(s), playing the MagicGravity Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing to any services provided by MagicGravity, you are deemed to have read, understood, and accepted all the terms of this Agreement.
MagicGravity reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the MagicGravity Services shall constitute your acceptance to be bound by the newly updated Agreement.
If you do not agree to any term of this Agreement, please do not, either directly or indirectly, use or access to the MagicGravity Services in any way.
We may update this Agreement from time to time by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement.
Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
You agree that If you does not log in to the MagicGravity game with a user account for 180 consecutive days, from 24:00 on the 180th day, MagicGravity has the right to take measures to delete the user account and any records of the user account in the game database (including but not limited to game characters, Data information such as levels, items, value-added service tokens, purchase records, etc.), deleted data information will not be able to be queried and restored.
You may be required to register or have a MagicGravity account in order to use the MagicGravity Services (“Account”).
(1) To create an Account, you will be required to register as a User and accept this Agreement. If you do not accept these terms, you will not be able to create an Account.
(2) You may establish an Account only if you are a natural person and an adult in your country of residence and you are not an individual specifically prohibited by us from using the MagicGravity Services.
(3) When registering as a user (“User” or “Registered User”) you must select a unique username (or probably known as a "nickname" when registering as a user) and password and provide certain other requested information.
(4) You agree that you will:
① provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process (" Personal Data "); and
② maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date and complete.
You cannot use a username which is already allocated to another User, and the precondition to use the Services is that you do not choose a username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable username if, in our discretion, we consider that your username (or its use) is offensive or otherwise breaches the user terms in any way.
(5) You agree to provide accurate and complete registration information, and you are not suggested to create an account name that reflects your real name or other personal data.
(6) You shall be responsible for keeping your Account secure and confidential (including but not limited to usernames, passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.
(7) Account is unique as well as important to each user. You shall neither transfer or otherwise make your Account information available to third-parties, nor use other user(s)’ Account(s) at any time. If you sell your Account or other related information, MagicGravity reserves the right to take actions, including but not limited to terminate your Account immediately without any refund.
(8) We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of the terms between MagicGravity and you. Besides, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your usership or Account, please contact our support service and we may terminate it as soon as reasonably practical after receiving your termination request.
(9) You are responsible for maintaining the confidentiality of your Account information and if any third-parties uses your Account or otherwise access to your Account, you may not claim compensation from MagicGravity. Besides, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify MagicGravity immediately.
(1) You acknowledge and agree that your use of the MagicGravity Services is also governed by the Privacy Policy which may be amended from time to time by MagicGravity in its sole discretion. You acknowledge and agree that the Privacy Policy is incorporated and a part of this Agreement.
(2) You must follow applicable laws of the jurisdiction where you are located when visiting our Game. If any applicable laws restrict or forbid you from playing our Game, you shall follow such restrictions or stop visiting or playing our Game.
(3) Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Game. You are exclusively responsible for any and all Content that you may provide via our Game, either published in public or sent in private. Regarding to such Content, you agree to comply with applicable laws and to the following:
(4) You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
(5) You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(6) You will not provide Content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(7) You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(8) You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
(9) You will not provide any Content that contains anything that, in the sole determination of MagicGravity, is objectionable or inhibits any other person from using or enjoying the Game, or which may expose MagicGravity or its users to any harm or liability of any kind.
(10) By playing our Game, you agree that you will not:
① except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Game;
② use our Game in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
③ use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Game, collect any information of the Game or connect to the Game including but not limited to simulating game user operations, changing the operating environment, modifying data to disrupt other users’ game experience through the employment of external software, including but not limited to scripts (robots), plug-ins, button wizard software or third-party tools (e.g. the multi-open function under the simulator, synchronizer, record macro, keyboard mapping, cloud phone etc.);
④ use our Game for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
⑤ reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Game, any Content created by others or any portion thereof, in whole or in part;
⑥ remove or amend any patent notice, copyright notice or other intellectual property information from our Game;
⑦ collect any information, other than reasonably necessary for playing the Game, of other users; and
⑧ Unless otherwise specified, transfer virtual currencies such as gold coins and points ("Virtual Money") or items or services for use within our Game ("Virtual Goods") in any way once you purchase it, including but not limited to attempting to trade the Virtual Money and/or Virtual Goods within our Game with real money/real items via any third party platforms, or attempting to provide mediation, intermediary, or agency service for such trade in or outside our Game (collectively “RMT”), including, but not limited to spamming, spreading RMT advertisements by any means within or outside our Game, and conducting RMT via any in-game functions, etc..
⑨ use our Game in any other way not permitted by this Agreement or any posted guidelines or rules.
This Agreement may be translated into the local language in the relevant territory. In the event of a conflict between this Agreement in the English language version and the localized version, the English language version shall prevail.
By using our Services, you represent and warrant to MagicGravity that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.
You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
(1) MagicGravity holds you accountable for your own behaviors and languages, encourages you to play MagicGravity Game(s) in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behaviors. You are prohibited from, in any way, claiming as our employees or disseminating false information either to MagicGravity or third-parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attacking, threatening or insulting towards a portion or all of the users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.
(2) You are prohibited from engaging in, directly or indirectly:
① vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards MagicGravity or other users;
② use of any unapproved payment methods;
③ use of cheating programs or other malicious game programs;
④ dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
⑤ disclose, furnish, disseminate or otherwise make any of our or other users’ un-public information available to third-parties; and/or
⑥ any other inappropriate behaviors or languages that may damage the reputation of MagicGravity.
(3) We reserve the right, but are not obligated, to attention or be involved in disputes between users. Depending on the relevant situation, MagicGravity may take action, including but not limited to, sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, deleting game files or otherwise take actions in our sole discretion. We reserve and maintain the final rights to interpret and take actions according to relevant circumstances of your inappropriate behaviors. If your rights are violated by other users, we will assist you in providing the necessary materials to defend your rights.
(4) If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the MagicGravity Game(s) or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior prior notice, suspend your access to the MagicGravity Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without prior notice.
(1) MagicGravity and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Game, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
(2) The Game and all data, content and software associated with or generated within it including without limitation any and all Virtual Goods and Virtual Money (collectively referred to as our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Game. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Game on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. You can use the Work obtained within our Game for so long as we operate our Game unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work (such as some Virtual Money and Virtual Goods) and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject to certain third party’s license such as open source license as stated in the Game or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
(1) In the circumstance that our Game is in a “test period” or a “beta version” or something of that kind, your access to our Game may be subject to specific rules, such as limited period or limited number of users to access to the Game, privilege of some users to access to the Game, our reserved rights to modify or delete the game data of users, and irregular shut down of the Game servers. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game are highly appreciated.
(2) You understand that due to the specialty of the online games, we may update our Game from time to time, which may block your access to the Game for a period of time and result in the modification of the content of the Game. We are not liable for any losses incurred by such updates except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
(3) You are responsible for obtaining and maintaining necessary devices for playing our Game, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.
(1) The MagicGravity Services may include an opportunity for you to purchase virtual, in-game currency (“Virtual Currency”) with real money. The MagicGravity Services may also include the purchase of virtual, in-game digital items (“Virtual Goods”) with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Agreement and MagicGravity reserves and retains all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
(2) Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside the MagicGravity Game(s), you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of your Account with the reserve of MagicGravity’s rights to continue claiming for compensation.
(3) MagicGravity reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that MagicGravity may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
(4) When you provide payment information to MagicGravity or its authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize MagicGravity to charge such payment method for the full amount of the purchase transaction.
(5) You agree and consent that due to the special nature of online game services, there is no physical goods transaction, and your purchasing experience comes from online game services provided by the game manufacturer. Therefore, refund is not applicable unless the Game operation is terminated.
YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 18 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES, YOU MAY MAKE PAYMENTS ONLY WITH THE INVOLVEMENT OF YOUR LEGAL GUARDIAN, AND YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS. You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency from MagicGravity in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from MagicGravity that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction. Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your MagicGravity Account. You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 working days of the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order limited licenses to Virtual Items or Virtual Currency from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance. You understand and agree that MagicGravity provides no refunds for any purchases except only as expressly stated in these Terms.
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using a MagicGravity Account registered to you.
You agree to defend, indemnify and hold MagicGravity and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
(1) your access or use of the MagicGravity Services;
(2) your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;
(3) any materials, User Contributions, User Content or other information provided by you or on your behalf;
(4) your violation of any applicable laws or third-parties’ rights and interests; and/or
(5) your other illegal or inappropriate behavior.
Without limiting other remedies, MagicGravity may at any time suspend or terminate your MagicGravity Account and refuse to provide access to our Services if MagicGravity suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:
(1) failed to comply with any provision of these Terms or any policies or Rules established by MagicGravity;
(2) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, MagicGravity Users, MagicGravity or any other third parties or our Services; or
(3) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, MagicGravity may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your MagicGravity Account at any time and for any reason by sending an email to (填入邮箱)
Upon termination of your MagicGravity Account for any reason by you or us, you will lose all access to such account. Terminated MagicGravity Accounts cannot be reinstated; any MagicGravity Account that may be registered by you after termination of a MagicGravity Account is a unique account. If your MagicGravity Account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your MagicGravity Account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your MagicGravity Account is terminated for any reason by you or us, you understand and agree that MagicGravity may redeem and use the Virtual Currency in the MagicGravity Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency. In addition, if there is no activity in your MagicGravity Account for 3 years (Inactive Account), you understand and agree that
(1) MagicGravity may redeem and use the Virtual Currency in the Inactive Account at such time for any purpose that it may choose, and that on the account becoming an Inactive Account you will have no right to that Virtual Currency; and
(2) any Virtual Items to which you had access via the Inactive Account up to the account becoming an Inactive Account will be lost and no longer be available to you, and you will have no right to them.
YOU AGREE THAT MagicGravity IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE ACCOUNT OR THAT WAS IN A TERMINATED MagicGravity ACCOUNT, NO MATTER HOW EITHER CAME ABOUT. After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. MagicGravity will not be liable to you or any third party for termination of our Services or termination of your use of our Services. UPON ANY TERMINATION OR SUSPENSION OF YOUR MagicGravity ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR MagicGravity ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, MagicGravity will have no obligation to maintain any information stored in our database related to your MagicGravity Account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to MagicGravity under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
OUR SERVICES, MAGICGRAVITY CONTENT, AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAGICGRAVITY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MAGICGRAVITY MAKES NO WARRANTY THAT OUR SERVICES, MAGICGRAVITY CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAGICGRAVITY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAGICGRAVITY OR THROUGH OUR SERVICES, MAGICGRAVITY CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, MagicGravity CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER MagicGravity NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR MagicGravity CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MagicGravity HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MagicGravity IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MagicGravity WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR THROUGH OUR SERVICES. IN NO EVENT WILL MagicGravity'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR MagicGravity CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MagicGravity AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of MagicGravity or our licensors used in association with the Services are trademarks or registered trademarks of MagicGravity or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
(1) This Agreement and any action related thereto will be governed by the laws of People’s Republic of China without regard to its conflict of laws provisions. Any dispute arising from or in connection with These Terms shall be submitted to Shanghai International Economic and Trade Arbitration Commission/Shanghai International Arbitration Center (“SHIAC”) for arbitration, which shall be conducted in accordance with SHIAC's arbitration rules in effect at the time of applying for arbitration. The seat of arbitration shall be Shanghai, China. The language to be used in the arbitral proceedings shall be Chinese. The arbitral award is final and binding upon both parties.
(2) SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
Use of our Services is also governed by MagicGravity's Privacy Policy. If you have any questions about the MagicGravity Privacy Policy, please contact us via email at: (填入邮箱)
MagicGravity reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without MagicGravity's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MagicGravity may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(1) This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
(2) The failure of MagicGravity to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MagicGravity. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You agree that
① these Terms are intended to cover any Third-Party Publisher who is an affiliate of Shenzhen MagicGravity Network Technology Co.,Ltd (“Affiliate Publisher”);
② your obligations to MagicGravity under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any Third-Party Terms with any such Affiliate Publisher; and
③ Affiliate Publishers are third party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.
(3) References to “include”, “includes” and “including” shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.
(4) In addition to any other limitations which may be set forth herein, MagicGravity may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of MagicGravity, such as acts by governmental authorities, acts of God or other events outside of the reasonable control of MagicGravity.
(5) You agree that MagicGravity expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing to the MagicGravity Game(s) and/or the MagicGravity Services; to cease providing any services; and/or to change, add any portion of the MagicGravity Services.
(6) In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.
If you have any questions about these Terms, please contact MagicGravity at service@yinligame.com.
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