TERMS OF SERVICE
By entering, playing, using or accessing the services, you fully agree to the terms of Agreement which may be altered time by time.
If you do not agree to this Agreement, please exit or stop accessing the services.
"ACINGFUN Products" is used as shorthand for our online games and products published by ACINGFUN on behalf of the third parties，including but not a limitation to mobile games, virtual social platform app, information headline app, chatting tools, information board.
“Services” refers to products, games, services, content, located at http://www.ACINGFUN.com and/or the other domains provided by ACINGFUN. "Stopping" or to "Stop" an account includes temporarily or permanently banning, terminating or muting an account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned or terminated, you will not be able to access your account and any licenses previously granted to you to use ACINGFUN Products will be revoked. This means you will lose your account, characters, and any in-game items or currency. More information about when ACINGFUN may Stop your account can be found in section 7, section 8 and section 9 of these terms and conditions.
"User Content" means all information of any kind (including text, images, video, information, and messages) uploaded or sent by users on or in connection with our services. Our services may include social elements that permit players to come into contact with and chat with other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of User Content.
"Virtual Items" means (a) virtual currency, including but not limited to virtual coins, gems, cash, tokens, or points, all for use in the Service and (b) virtual in-game items.
"Virtual Currencies" is used to describe the in-game currencies that can be purchased in certain ACINGFUN Products.
Other terms are defined in the context below.
3. Terms of the agreement
3.1 Execution requisites
By registering for an Account or otherwise using our Services, you represent that you are age 13 or older and you understand and agree to this Agreement. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to this Agreement.
You shall not permit the use or access of the Services through your Account by your child/ward if they are below the age of 13 years old.
You are liable for all activities conducted through your Account, whether or not authorized by you, including without limitation all purchases and in particular, parents or guardians are liable for all activities of their minor child conducted through the Account.
By agreeing with the agreement, we grant you a non-exclusive, non-transferable, non-sharable, personal, limited license, which can be revoked at any time, to use the services for non-commercial purposes following the terms of this Agreement.
4.1 Intellectual property rights and ownership
THE ACINGFUN PRODUCTS AND ANY ASSOCIATED SOFTWARE ARE LICENSED, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE ACINGFUN PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTEREST IN ANY ACINGFUN PRODUCT OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ACINGFUN.
Materials (including without limit all information, software, data, text, photographs, graphics, sound, marks, and video) placed within our services by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. The Services comprise of the content, including but not limitation, ACINGFUN ®, Lord of Thrones ® and other intellectual property are registered and/or unregistered in China, belongs to us and/or our licensors and that are protected by copyright, trademark, and other intellectual property laws and international convention.
All intellectual property or other rights in any game character, account, content, virtual currency, game resource, and virtual items in our services are and will remain the property of us and/or our licensors. You are only granted limited permission (which can be revoked at any time) to use such content or our services, subject to and following the terms of the Agreement.
All third party’s intellectual property are the property of their respective owners.
We are entitled to immediately terminate this license, without any liability to you in the event of your any violation of the terms of this Agreement. You may not use the Services or the intellectual property comprised in the Services in a manner that constitutes an infringement of our or our licensors’ rights.
4.2 License Limitations
You shall not create, modify, adapt, reverse engineer, decompile, reproduce, publish or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Services, or otherwise use the Software and Services except as may be expressly provided in this Agreement or to the extent permitted by law or relevant open source licenses. You must not use a modified/customized version of the client software or attempt to copy, transfer or sub-license it.
You are not permitted to sell, auction, trade, sublicense, rent, lease, a loan or otherwise transfer the Software, Account, virtual Items or any copyrighted material for profit.
Please note that any such activity may constitute civil wrongs and/or criminal offenses, and we reserve the right to take such action as appropriate in the circumstances should we become aware that such offenses are being committed.
5. Account and securities
To access the Services, we may require you to create an account. When setting up an account for accessing the Services, you may be asked to choose a character name and set your password (collectively "account info").
You must not choose a character name that infringes the rights of any third party, impersonates our staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate.
We reserve the right to make such an assessment in our sole discretion, change any character name for any reason or take such other action as we believe appropriate.
You agree to keep your account info safe at all times and not to disclose it to any other person that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all activities of all persons who use your account info to gain access to your account. You are responsible to help ensure the safety of your account info, you must keep your device free of viruses and other malicious code including Trojans, worms, time bombs, malware, and spyware.
In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and submit an account recovery request via the customer service button within any of our products or services.
Real ACINGFUN staff will never ask you for your account info.
6. User Content
6.1 User content
You will comply with and be bound by the policies and rules of our services relating to User Content, including our content standards policy as set out below.
We reserve the right without notice or refund to record, suspend, remove or delete User Content or to disclose to the relevant authorities any User Content or muted your account if: (a) it is the subject of a complaint; (b) if we consider that it breaches our terms and conditions (including our content standards policy) or the rules of an ACINGFUN Product; (c) if we consider that such steps are necessary to protect us or others; (d) a criminal act or civil wrong has been committed; or (e) we are required to do so by law or an appropriate authority.
If you wish to notify us of an allegedly defamatory statement contained on this website or you believe that material has been dealt with in a way which constitutes an infringement of your intellectual property rights, please write to our registered office above stating the following:
1. Your contact details, including your full name, player name (if applicable), your postal address, telephone number, and email address.
2. The full details of the material complained about and the reasons for the complaint.
3. The exact and full URL where you found the material.
4. If the request relates to copyright, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder [or an authorized representative].
Please mark the letter for the attention of the "Customer Support Infringement Team" and ensure the letter is signed and dated. You can remove content that you have posted on an ACINGFUN Product fan-base. This can be done through the editing features within the ACINGFUN Product. If you would like assistance with this, please contact ACINGFUN via the customer support section of the applicable ACINGFUN Product website. You should be aware that removing content from the public display may not ensure the complete or comprehensive deletion of the posted content.
6.2 Content standards policy
This content standards policy sets out our requirements which apply to your User Content. This policy applies in addition to specific User Content policies, such as any policies on forum posts, in-game chat and private messaging or other policies within our services from time to time. In addition to agreeing to comply with the terms of this policy, you also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach this policy. You are solely responsible for your User Content including any User Content you place on any wiki, third-party platform or forum.
• User Content Must Not:
a) Be obscene, hateful, inflammatory, threatening, harassing, sexually explicit or deceptive or fraudulent in any way; be disrespectful to an individual's religion or political belief, as well as targeting an individual in such manner.
b) Promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable; be defamatory or an invasion of an individual's right to privacy;
c) Infringe the intellectual property or other rights of any third party, including copyrights, trademarks, database rights, any rights of confidentiality or any similar rights; attempt to or purport to impersonate any person or misrepresent your identity, affiliation or connection to any other person;
d) Include hyperlinks or connections to third party websites; contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any device software, hardware or network;
e) Reveal details that enable you or anyone else to be identified or contacted outside of the game (e.g. last name, postal/email address or telephone number);
f) Have any commercial purpose; and
g) Involve junk mail, spam, pyramid selling or similar schemes.
6.3 License of user content
6.4 Safety and abuse
We are under no obligation to (and do not) monitor User Content. You should be aware of the potential risks of using a service that includes extensive User Content. User Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that users will comply with our terms and conditions, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your interests, you should not attempt to contact any user outside our services.
If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should report such inappropriate behavior to us via the in-game "Report abuse" button after clicking on the offensive statement and asking for customer services as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems or are not satisfied, then you must stop using the relevant services.
7. Virtual Items
Virtual Items include (a) virtual currency, including but not limited to virtual coins, gems, cash, tokens, or points, all for use in the Service and (b) virtual in-game items a) Virtual Currencies can be used to acquire certain digital goods/services, which we describe below as "Items". If you obtain Virtual Currency from us, including through apple pay or google-play, you must check that they have been correctly credited to your account and tell us immediately if not. We have not authorized any other third party or website or platform to sell our virtual currencies.
Virtual Currency does not have any inherent value and is not your private property. When you purchase or receive Virtual Currency, you do not own the Virtual Currency. Instead they constitute a measurement of the extent of your license in an ACINGFUN Product. Similarly, any Virtual Currency balance shown in your account does not constitute a real-world balance or reflect any stored monetary value.
b) virtual in-game items defined including but not a limitation to game resource, gaming equipment, tools, mounts or any other relating in-game items and/or items could utilize in chatting board or virtual social platform operated by us. You can gain virtual in-game items by using virtual currencies or through users' gaming behavior, such as campaigning, crusade or conquering.
VIRTUAL ITEMS ARE FOR YOUR PERSONAL USE ONLY.
You must not sell or transfer them or make them available to anyone else or attempt to do so, or encourage anyone else to do any of these things. We do not provide any cash or refunds for Virtual Currency or Items (except as required by law) and Virtual Currency and Items do not have any real-world monetary value.
We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency and Items. For example, we may cap the amount of Virtual Currency which can be acquired, held or redeemed in any particular period or we may impose restrictions based on your country of residence.
FOR THE AVOIDANCE OF DOUBT, VIRTUAL CURRENCY HAVE NO CASH VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM ACINGFUN AT ANY TIME.
7.3 rights of our action
We reserve the right to restrict access to, delete, reduce or liquidate Virtual Currency: (1) if you have misused the Virtual Currency or breached any of these terms and conditions; (2) if the Virtual Currency were awarded in error; (3) if a payment for Virtual Currency is charged back or otherwise canceled or reversed; or (4) if you have used Virtual Currency to conduct any fraudulent or illegal activity.
We reserve the right to restrict access to or delete Items: (1) if you have misused the Items or breached any of these terms and conditions; (2) if the Items were purchased using Virtual Currency awarded in error; 3) if such virtual items are trading among users in real-world which are strictly prohibited in this Agreement, or (4) if a payment for Virtual Currency used to purchase the Items is charged back or otherwise canceled or reversed.
WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY THE VIRTUAL ITEMS PROGRAM FOR ALL OR ANY OF OUR SERVICES. BEFORE WE DELETE THE UNUSED VIRTUAL ITEMS, WE WILL ENDEAVOUR TO CONTACT YOU TO GIVE AT LEAST FOUR WEEKS TO REDEEM THEM.
IF YOUR ACCOUNT FOR AN ACINGFUN PRODUCT REMAINS DORMANT (I.E. IS NOT USED) FOR MORE THAN 150 DAYS, AND THERE IS UNREDEEMED VIRTUAL CURRENCY ASSOCIATED WITH YOUR ACCOUNT, WE MAY CHOOSE TO TERMINATE YOUR ACCOUNT. YOU MAY ACTIVATE DORMANT ACCOUNT BY ASKING CUSTOMER SERVICE AND WE WILL SUPPORT YOUR ACTION THROUGH TECHNICAL TOOLS BY ACTIVATE YOUR ACCOUNT AND RECOVER VIRTUAL ITEMS IN THE ACCOUNT BASED ON THE DATA RECORD WHEN THE TERMINATION ACTED. HOWEVER, THE ALLIANCE/ UNION RECORD WILL NOT RECOVER BECAUSE OF THE EFFECTIVENESS DEMAND AND LIFE CYCLE SETTING FOR THE ALLIANCE/ UNION.
8. TRADING AMONG USERS
All trading, sublicensing, renting, leasing, loaning, selling or transfers of Accounts, virtual currencies or virtual items, including without limitation, trading of Account ID, Account Names, Virtual Items, and all out-of-game transfers, are strictly prohibited. Further, any transactions in connection with the Game Resources or other Services amongst Users or provision of in-games services such as power-leveling for "real-world" payment or payment related to the Services is strictly prohibited. Unless other permitted by us.
You shall not access or use any Account or Game Resource pursuant to any sublicense, rent, lease, loan, sell or prohibited transfer arrangement. We are not responsible for any losses that occur, whether in relation to any trading activities. ANY AND ALL PROHIBITED CONDUCT MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED IN SUCH CONDUCT OR TRANSACTIONS OR TERMINATION OF ACCESS THROUGH ANY ACCOUNTS INVOLVED IN SUCH CONDUCT OR TRANSACTIONS.
9.Termination of user’s account
We reserve the right to stop, terminate or suspend your account or our service If, acting reasonably, we consider that, including but not limit:
a) our terms and conditions of this Agreement or any ACINGFUN Product rules have or may have been breached;
b) there has been fraudulent, unlawful or abusive activity; or
c) it is necessary in order to prevent or stop any harm or damage to us, to any ACINGFUN Product, to other players or the general public.
d) your account remains dormant for more than 150 days.
We may at any time: (i) Stop (as defined above) any or all accounts for ACINGFUN Products; (ii) restrict access to any content-uploading or other feature of our service; and/or (iii) restrict access to or delete virtual items or anything acquired by means of virtual currency.
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY ACINGFUN PRODUCT. UPON REASONABLE NOTICE TO YOU, WE MAY DEACTIVATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
10. Refund policy
We are happy to review requests for refunds on a case by case basis. However, refunds are not always possible to give for many reasons. Unless required by law, we will not refund any amounts paid in relation to our services when:
• You have been the victim of in-game scamming, as there are many warnings about avoiding this on the ACINGFUN Products (however, we will try to assist you to recover your account).
• You have been banned from any services provided by us for violating this Agreement, any rules of an ACINGFUN Product or the user content policy.
• We stop offering part or all of our services or you decide to cancel your account.
Please note, refunds are given at the sole discretion of us.
12. Maintenance of our services
We will use reasonable endeavors to maintain the operation of our services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, temporally updates or emergency updates our services and we may have to suspend the operation of any of our services without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.
You may download our products or access our services through third-party platforms (such as Apple store, Google-play, Twitter, Facebook or YouTube). Our services may include links to internet sites or other technologies supplied by third parties which enable you to pay by means of payment methods provided by third parties, such as Apple Store or Google Play.
We make no promises about third party’s sites or their content, product or services as these are outside our reasonable control. Any third party’s sites or technologies suggested are not endorsed, controlled or verified by us. We do not guarantee that any suggested technologies will work on your device or be virus free.
ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THIRD PARTY.
WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE THIRD PARTY.
14. LEGAL RESPONSIBILITY
Our services are provided on an “as is” and “as available” basis. We do not warrant that you will be able to access or use our services at the times or locations of your choosing or that our services will be uninterrupted or free of errors. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our services or from your reliance on the quality, accuracy or reliability of our services.
We expressly disclaim liability for any loss or damage caused by us or our employees or agents in circumstances where a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; b) such loss or damage is not a reasonably foreseeable result of any such breach or c) such loss or damage relates to a business.
By using or accessing our services, you agree to waive all legal duty of care owed to you by us to the maximum extent allowed by law. The maximum liability of us to you for losses or damages that you suffer in connection with our services or this Agreement shall not exceed the amount that you paid to us during the six (6) months prior to the time the cause of action arose.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LOSS OR DAMAGE, TO THE EXTENT THAT SUCH LIABILITY CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF AN ACINGFUN PRODUCT.
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER
15. Dispute Resolution and Law
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by going to our customer service site by clicking the customer service button within any of our services.
·The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
The limitations, exclusions, and restrictions in these terms and conditions shall inure to the benefit of our licensors, successor and assigns. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.
If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced.
As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to this agreement shall have no right to enforce any term of this agreement.
17． LANGUAGE OF THE TERMS
If we provide a translated version of the Agreement or any other terms or policy, it is for informational purposes only. In the event of any conflict between a translation of this Agreement and the English version, the English version shall prevail.
If you are dissatisfied with this agreement or any aspect of it, please contact us via our customer service site by clicking the customer service button within any of our services. If you are unhappy with the outcome of your complaint, please write to our registered office above providing us with the following information: your name, username, email address, the full details of your complaint, ACINGFUN’s previous response to your complaint and why you disagree with the outcome. Please mark the letter for the attention of the “Customer Support Complaints Team”.