TERMS OF SERVICE
This Agreement (“Terms of Service”) is entered into by and between you and Beemob Hanoi Studio, a Vietnamese game studio with registered office at TSQ Euroland Building, Ha Dong,
Hanoi (“Beemob”, “we”, “our”, “us”)regarding your use of our games and related services (the
"Service"). Use of the Service is also governed by Beemob's Privacy
Policy and other relevant policies, which are incorporated herein by
reference.If you access the Service from Facebook, Twitter or Google+, you shall comply with its
terms of service/use as well as these Terms of Service.
BY
INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS
OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL,
USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE
PROHIBITED.
We reserve
the right, at its discretion, to change, modify, add or remove portions of
these Terms of Service, its Privacy Policy and other relevant policies at
any time by posting the amended terms on the Service. You will be deemed to
have accepted such changes by continuing to use the Service. If at any point
you do not agree to any portion of the then-current version of our Terms of
Service, the Privacy Policy, or any other policy, rules or codes of conduct
relating to your use of the Service, your license to use the Service shall
immediately terminate, and you must immediately stop using the Service.
1. ACCESS TO THE SERVICE
Subject
to your agreement and continuing compliance with these Terms of Service and any
other relevant policies, grants you a non-exclusive, non-transferable,
non-sublicensable, revocable and limited license to access and use the Service
for your own non-commercial entertainment purposes. You agree not to use the
Service for any other purpose.
You
shall not access the Service if you are under the age of 17; You shall restrict
use by minors, and you will deny access to children under the age of 17. You
accept full responsibility for any unauthorized use of the Service by minors.
You are responsible for any use of your credit card or other payment instruments by
minors.
License
Limitations
Any
use of the Service in violation of these License Limitations is strictly
prohibited, can result in the immediate revocation of your limited license and
may subject you to liability for violations of law.
We
reserve the right to determine what conduct it considers to be in violation of
the rules of use or otherwise outside the intent or spirit of these Terms of
Service or the Service itself. We reserve the right to take action as a
result, which may include prohibiting you from using the Service in whole or in
part.
2. OWNERSHIP
All
rights, title and interest in and to the Service (including without limitation
any games, titles, computer code, themes, objects, characters, character names,
stories, dialogue, catch phrases, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile information,
recordings of games played using a game client, and server software) are owned
by Beemob. We
reserve all rights, including without limitation, all intellectual property
rights or other proprietary rights, in connection with its games and the
Service.
3. USER CONTENT
"User
Content" means any communications, images, sounds, and all the material,
data, and information that you upload or transmit through a Beemob game client
or the Service, or that other users upload or transmit, including without
limitation any chat text.
By
entering into these Terms of Service, you hereby provide your irrevocable
consent to such monitoring and recording. You acknowledge and agree that you
have no expectation of privacy concerning the transmission of any User Content,
including without limitation chat text or voice communications.
We
reserve the right in its sole discretion to review, monitor, prohibit, edit,
delete, disable access to or otherwise make unavailable any User Content
(including without limitation your User Content) without notice for any reason
or for no reason at any time. If at any time we choose, in its sole discretion, to
monitor the Service, we nonetheless assume no responsibility for
User Content and assumes no obligation to modify or remove any inappropriate
User Content. We have the right, but not the obligation, in our sole discretion
to edit, refuse to post, or remove any User Content.
3.1. Public Discourse
The
Service may include various forums, blogs and chat features where you can post
User Content, including your observations and comments on designated topics. We
cannot guarantee that other members will not use the ideas and information that
you share. Therefore, if you have an idea or information that you would like to
keep confidential and/or don't want others to use, do not post it on the
Service. We shall
have no responsibility to evaluate, use or compensate you for any ideas or
information you may choose to submit.
3.2.
Responsible For Your Own Content
You
are solely responsible for the information that you post on, through or in
connection with the Service and that you provide to others. We may
reject, refuse to post or delete any User Content for any or no reason,
including, but not limited to, User Content that in the sole judgment of Beemob
violates these Terms of Service.
3.3.
User Interactions
You
are solely responsible for your interactions with other users of the Service
and any other parties with whom you interact through the Service and/or Beemob
games. We
reserve the right, but has no obligation, to become involved in any way with
these disputes. If you have a dispute with one or more users, you release us
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with such
disputes.
4. FEES AND PURCHASE TERMS
4.1.Purchases
In
the Service you may purchase, with "real world" money, a limited,
personal, non-transferable, non-sublicensable, revocable license to use (a)
"virtual currency", including but not limited to virtual cash or
diamonds, all for use in our games; (b) "virtual in-game
items" (together with "virtual currency", "Virtual
Items"); and (c) other goods or services ("Merchandise"). You
are only allowed to purchase Virtual Items from us or our authorised partners
through the Service, and not in any other way.
Beemob
may manage, regulate, control, modify or eliminate Virtual Items and/or
Merchandise at any time, with or without notice. Beemob shall have no liability
to you or any third party in the event that we exercise any such rights.
The
transfer of Virtual Items and Merchandise is prohibited except where expressly
authorized in the Service. Other than as expressly authorized in the Service,
you shall not sell, purchase, redeem or otherwise transfer Virtual Items or
Merchandise to any person or entity or attempt any of the aforesaid, including
but not limited to Beemob, another user or any third party.
ALL
PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL
AND NON-REFUNDABLE.
4.2.
Payment of Fees
You
agree to pay all fees and applicable taxes incurred by you or anyone using an
Account registered to you. Beemob may revise the pricing for the goods and
services offered through the Service at any time.
5. UPDATES TO THE SERVICE
You
understand that the Service is an evolving one. Beemob may require that you
accept updates to the Service and to our games you have installed on your device
or computer. You acknowledge and agree that Beemob may update the Service and
games, with or without notifying you. You may need to update third party
software from time to time in order to receive the Service and play Beemob
games.
6. DISCLAIMER OF WARRANTIES
Without limiting the liability under Section 7 below,
the Service is provided for your use with warranties of any kind, express or
implied, including without limitation the warranties of merchantability,
fitness for a particular purpose, title, non-infringement, and those arising
from course of dealing or usage of trade. We DO NOT warrant that you will be
able to access or use the Service at the times or locations of your choosing;
that the Service will be uninterrupted or error-free; that defects will be
corrected; or that the game is free of harmful components.
Some
jurisdictions do not allow the exclusion of certain warranties. Accordingly,
some of the above disclaimers may not apply to you.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by Law, Beemob shall not be liable to you
for any indirect, incidental, consequential, special or other similar damages,
including but not limited to loss of revenues, lost profits, lost data or
business interruption or other intangible losses.
You
agree to indemnify, defend and hold Beemob harmless from any claim, demand,
damages or other losses, including reasonable attorneys' fees, asserted by any
third-party resulting from or arising out of your use of the Service, or any
breach by you of these Terms of Service, however the foregoing does not apply
if the infringement of rights is not attributable to your intentional or
negligent behavior.
8. SEVERABILITY
You
and Beemob agree that if any portion of these Terms of Service or of the
Privacy Policy is found illegal or unenforceable, in whole or in part by any
court of competent jurisdiction, such provision shall, as to such jurisdiction,
be ineffective solely to the extent of such determination of invalidity or
unenforceability without affecting the validity or enforceability thereof in
any other manner or jurisdiction and without affecting the remaining provisions
of the terms, which shall continue to be in full force and effect.
10. GENERAL PROVISIONS
10.1.
Assignment
Beemob
may assign or delegate these Terms of Service and/or the Privacy Policy, in
whole or in part, to any person or entity at any time with or without your consent.
You may not assign or delegate any rights or obligations under the Terms of
Service or Privacy Policy without Beemob's prior written consent, and any
unauthorized assignment and delegation by you are ineffective.
10.2.
Supplemental Policies
Beemob
may publish additional policies related to specific services such as forums,
contests or loyalty programs. Your right to use such services is subject to
those specific policies and these Terms of Service.
10.3.
Entire Agreement
These
Terms of Service, any supplemental policies and any documents expressly
incorporated by reference herein (including the Beemob Privacy Policy), contain
the entire understanding of you and Beemob, and supersede all prior
understandings of the parties hereto relating to the subject matter hereof,
whether electronic, oral or written, or whether established by custom,
practice, policy or precedent, between you and us with respect to the Service.
10.4.
No Waiver
The
failure of Beemob to require or enforce strict performance by you of any
provision of these Terms of Service or the Beemob Privacy Policy or failure to
exercise any right under them shall not be construed as a waiver or
relinquishment of Beemob's right to assert or rely upon any such provision or
right in that or any other instance.
The
express waiver by Beemob of any provision, condition, or requirement of these
Terms of Service or the Beemob Privacy Policy shall not constitute a waiver of
any future obligation to comply with such provision, condition or requirement.
10.5.
Equitable Remedies
You
acknowledge that the rights granted and obligations made under these Terms of
Service to Beemob are of a unique and irreplaceable nature, the loss of which
shall irreparably harm Beemob and which cannot be replaced by monetary damages
alone so that Beemob shall be entitled to injunctive or other equitable relief
(without the obligations of posting any bond or surety or proof of damages) in
the event of any breach or anticipatory breach by you.
You
irrevocably waive all rights to seek injunctive or other equitable relief, or
to enjoin or restrain the operation of the Service or any Beemob game,
exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Service or any content or other material used
or displayed through the Service and agree to limit your claims to claims for
monetary damages, limited by Section 7 (if any).
If you have questions related to those
Terms of Service, please contact
us through:
§
Facebook:
https://www.facebook.com/beemobstudio/
§
Address:
TSQ Euroland Building, Ha Dong, Hanoi
Effective date: March 16th
2019
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