By downloading, accessing or using any game, application, tools or
other content (collectively, the "Game") that is presented, supplied,
made available, sold and/or distributed by Cygnet Limited,
(collectively "Company", "we", "us" or "our") or accessing or using
the website
http://www.cygnetify.com
or any other Game-related support sites or social media or other
channels or platforms related to the Game (together, the "Site")
(collectively, the "Service") (i) YOU HAVE READ, UNDERSTOOD AND AGREED
TO BE BOUND BY OUR TERMS OF SERVICE SET FORTH (THESE "TERMS"), YOU AND
YOUR LEGAL GUARDIAN HAVE REVIEWED AND AGREED TO THESE TERMS. If you do
not agree with all of these Terms, and/or your legal guardian does not
agree with all of these Terms, please do not access and/or use the
Site or Service. Certain features of the Service may be subject to
additional guidelines, terms, or rules, which will be posted in
connection with such features. All such additional terms and the
Company’s Privacy Policy are hereby made a part of these Terms. These
Terms may be amended by Company from time to time. If we make material
changes to these Terms, we will notify you by posting the revised
Terms on our Site, through your game application interface and/or at
your primary email address (as specified in your account information).
Your continued use of any Services thirty (30) calendar days after the
changes are first notified by Company as described above will
constitute your agreement to such changes. If you object to any
changes, your sole recourse shall be to immediately terminate your
account and cease using the Service.
1. Your Account with Us
The Game, the Site and certain portions
and features of our Service may be used or accessed only by creating
an account with us by registering on our Site and/or through the game
application interface on your mobile device. By creating an account
and/or using our Service, you represent and warrant that (i) all
required registration or other information you submit is truthful and
accurate; (ii) you will maintain the accuracy of such information; and
(iii) your use of our Service does not violate any applicable law or
regulation or these Terms. When you sign up for an account, you will
be asked to choose a username, screen name and a password for your
account. You may not use a username or user profile that is used by
someone else or that violates Section 4.1. You will also be asked to
provide your email address when you sign up for an account. Our
collection of your personal data (including without limitation your
email address and username) will be subject to our Privacy Policy.
Please review the Privacy Policy carefully; and by continuing on to
download the Game you indicated that you agree to the Privacy Policy.
You may control your user profile and how you interact with the
Service by changing your settings in your account.
2. Your
Account with Third Party Affiliated Websites
Company may provide,
and you may access, portions of the Service Content (as defined in
Section 3.1 below) on third party social networking websites ("Third
Party Affiliated Websites"). If you are accessing the Service or
Service Content through a Third Party Affiliated Website, you may be
required to be a registered member of that Third Party Affiliated
Website; and you must be in compliance with the Terms of Service
applicable to that Third Party Affiliated Website in addition to these
Terms.
3. Confidentiality
You are entirely responsible
for maintaining the confidentiality of your password. You agree to
notify us immediately if you suspect any unauthorized use of your
account or access to your password. You agree not to (i) use the
account, username, screen name, or password of any other user at any
time; or (ii) alIow or enable any third party to use your account,
username, screen name, or password; or (iii) sell, rent, loan, or
otherwise transfer your account, temporarily or permanently, to any
third party. You are solely responsible for any and all use of your
account.
4. Breach
If you violate these Terms, Company
reserves the right to issue you a warning regarding the violation or,
under Section 12.2 of these Terms, immediately suspend or terminate
your account and your right to access and use the Service and Service
Content (as defined in Section 3.1 below). You agree that Company need
not provide you notice before terminating or suspending your account
and your right to access and use the Service and Service Content.
Company may charge fees for the use of certain portions or aspects of our Service, including games, Virtual Currency and Virtual Goods, as such fees are further described on the game application interface or Service. Fees are subject to change at any time. You must provide us with valid credit card information or other payment information prior to registering for the Service. You agree that we may charge fees to your credit card or other payment account for such Service and that you will pay all applicable fees assessed to your account. We may also accept payment through official authorized gift cards, certificates, or coupons. For the avoidance of doubt, these Terms apply to whether you pay for the Service online, by purchasing gift cards or certificates at retail outlets or otherwise. If the total amount of a transaction is greater than the balance available on any such gift cards or certificates, we may refuse the transaction or charge your designated credit card or payment account for the balance. Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans which are required to use the mobile features of the Service, and you are solely responsible for the payment of such charges and rates.
If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Site, the Game, the Service, or the Service Content, including Location names and descriptions therefor for incorporation in our games (collectively, "Feedback"), we may use such Feedback for any purpose, provided we will not associate such Feedback with your account username. So that we may incorporate Feedback into the games, products, and services, we may offer to you and/or other users, you agree that Company will own all worldwide right, title and interest, including all related intellectual property rights, in and to all Feedback and you hereby irrevocably and unconditionally assign such Feedback and all such rights to Company free of charge. If such assignment is ineffective under applicable law, you hereby grant to Company, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all Feedback. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
You are solely responsible for any and all of Your Content and you
agree that you will use our Site and Service in compliance with all
applicable laws and regulations.
1. Prohibited Content
You
agree that you will not post, exchange, make available, provide, or
process any Prohibited Content in the Game or its ancillary services
including without limitation chat rooms, forums, message boards,
bulletin boards or newsgroups. "Prohibited Content" includes content
that: (i) is offensive or promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual; (ii) bullies,
defames, harasses or advocates stalking of, or intimidates another
person; (iii) involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, or "spamming;" (iv) is false or
misleading or promotes, endorses or furthers illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) is threatening, including threats directed at minors, threats
against another individual or their family, and other such remarks
which, in our opinion, are outside the scope or context of the game;
(vi) infringes another person’s intellectual property right or other
rights, including without limitation copyright, without a license to
do so, whether or not the intellectual property is registered (or
filed for registration) in any country; (vii) promotes, copies,
performs or distributes an illegal or unauthorized copy of another
person’s work, whether it is protected by copyright or trade secret
law, or not, such as, without limitation, presenting the work of a
third party as your own (plagiarism) or providing pirated music,
videos, or movies, or links to such pirated music, videos, or movies;
(viii) contains viruses, Trojan horses, worms, time bombs, or similar
software; or (ix) otherwise violates the terms of this Agreement or
creates liability for us. You represent and warrant that: (a) you own
Your Content or otherwise have the right to grant the licenses set
forth in this Agreement and (b) Your Content does not violate the
privacy rights, publicity rights, copyright, or other personal or
proprietary rights or intellectual property rights of any person.
2.
Prohibited Conduct
You agree that you will not initiate, engage
in, or promote Prohibited Conduct in connection with the use of our
Site, the Game or Service, or to mimic in-game experiences in the real
world. "Prohibited Conduct" includes: (i) cheating or using,
developing or distributing automation software programs ("bots"),
"macro" software programs, or other "cheat utility" software programs
or applications which are designed to modify the Service or the Game
experience; (ii) exploiting, distributing or informing other users of
any game error, miscue or bug which gives an unintended advantage;
(iii) interfering or disrupting, or attempting to interfere or
disrupt, any computer or network used to provide or support the Site,
the Game or the Service including by (a) covering or obscuring any
advertisements on any web page that is part of our Site, the Game or
Service via HTML/CSS, scripting, or any other means, (b) creating an
undue burden on our Service or our network, (c) introducing software
or automated agents to our Service so as to produce multiple accounts,
generate automated messages, or to strip or mine data from our
Service, (d) modifying any data or equipment to manipulate the
functionality of our Service, or (e) interfering with any other user’s
experience; (iv) promoting or encouraging any illegal activity
including hacking, cracking or distribution of counterfeit software,
or cheats or hacks for the Service; (v) restricting or inhibiting any
other user from using and enjoying the Site, the Game or Service (such
as, but not limited to, disrupting the fIow of chat in chat rooms with
Prohibited Content, hitting the return key repeatedly, inputting
excessively large images so the screen goes by too fast to read, use
of excessive SHOUTING (all caps) in an attempt to disturb other users,
or flooding (continuous posting repetitive text)); (vi) promoting,
encouraging, advocating, or providing instructional information about
illegal activities such as, without limitation, making or buying
illegal weapons, illegal drugs, or illegal substances, committing real
world crimes, violating someone’s privacy, or providing or creating
computer viruses and other harmful code; (vii) exploiting persons
under the age of eighteen (18) in a sexual or violent manner, or
soliciting personal information from anyone under eighteen (18);
(viii) soliciting passwords or personally identifying information for
commercial or unlawful purposes from other users; (ix) except as
approved by us in writing, conducting commercial activities and/or
promotions such as contests, sweepstakes, barter, advertising, or
pyramid schemes; (x) subleasing your account or offering "free space"
on or other access to your account to third parties; (xi) improperly
using support channels or complaint buttons to make false reports to
Company; (xii) violating any other terms governing the access or use
of the Service; (xiii) using the Service for fraudulent transactions
or for any purpose that violates any applicable local, national, or
foreign laws, regulations, or treaties; or (xiv) otherwise creating
liability for Company.
3. Enforcement by Us
We have
the right (but not obligatory) to review any or all portions of Your
Content and delete (or modify) any of Your Content from our Site, the
Game or Service for any reason, including if we believe, in our sole
Finishing, Your Content violates this Agreement or is Prohibited
Content, or that we believe, in our sole Finishing, constitutes or
promotes Prohibited Conduct or otherwise threatens the safety of, or
harms any other person, or creates liability for us or any other
person. We reserve the right (but have no obligation), in our sole
discretion, to investigate and take appropriate action, including
removing Your Content from our Site (or modifying it), suspending or
terminating your account and/or suspending or terminating the
provision of our Service, and/or reporting you to law enforcement
authorities, if you violate any provision of these Terms. In order to
cooperate with legitimate governmental requests, subpoenas or court
orders or to protect the rights or legal position of the Company,
affiliates, service providers, partners, and other users, or to ensure
the integrity and operation of our business and systems, we may access
and disclose to the Court and the relevant government or law
enforcement authorities any information or content we consider
necessary or appropriate, including your account information (i.e.
name, e-mail address, etc.), IP address and traffic information, usage
history, Your Content, and your conduct.
You may add, identify, or modify Location information about real world
properties on the Service (each, a "Spot"). You should be careful
about adding or identifying Spots because Location information about
such Spots will be available to the public and identified with your
username and user profile (if you are the first user to add or
identify that Spot) (e.g. adding or identifying your home as a Spot
discloses Location information about your home to the public and your
username and user profile). If you decide to add or identify Spots and
associated Location information on the Service, you do this entirely
at your own risk.
"Public Areas" are those areas of our Site, the Game or Service such
as chat rooms or forums, message boards, bulletin boards, newsgroups,
and pages that include testimonials, to which you may send
communications that are publicly available to anyone who may have
access to that public area. "Invitee Areas" are those areas of our
Site, the Game or Service that may be accessed only by you and any of
your invitees logging in with his/her account username. You should be
careful about your communications in Public Areas because these
communications disclose to the public your username and user profile
and any Personal Information you choose to disclose. Similarly, you
should be careful about your communications in Invitee Areas because
these communications disclose to your invitees your account username
and any Personal Information you choose to disclose. Any information
you include in any public profile, such as your message board profile,
or in your messages using third party instant messaging communications
(such as, but not limited to, Twitter) are also available to others.
You (and not Company) are solely responsible for your communications
and the consequences of posting these communications to any Public
Area and/or Invitee Area.
Our Site, Game or Service may contain advertisements and other
promotional content of third parties including links to third party
websites or vendors (collectively "Third Party Promotions and Links").
We make no representation or warranty regarding any content, goods or
services contained in such Third Party Promotions and Links, and will
not be liable for any claim relating thereto. These Third Party
Promotions and Links are not under the control of Company, and Company
has no responsibility for, their content, goods, services,
performance, operation, availability, business practices or policies.
We are providing these Third Party Promotions and Links to you only as
a convenience and we do not imply any endorsement or recommendation of
their content, goods, or services, or of any association of us with
such third parties. If you decide to access any of these Third Party
Promotions and Links, you do this entirely at your own risk and any
separate charges or obligations you incur in your dealings with these
third parties, are your responsibility. Third Party Promotions and
Links including third party websites are subject to their own terms
and policies, including privacy and data gathering practices.
To the furthest extent permissible by applicable law, you agree that
we do not assume any responsibility or liability for the content
(including Location information) provided by, or the conduct of, any
user and you bear the entire risk of continuing to use the Site, Game,
Service, and Service Content, including your interactions with other
users of the Service. In addition, your interactions with third
parties from whose websites, channels, or platforms portions of the
Service or Service Content may be made available are solely between
you and such third parties. You agree that Company will not be
responsible for any claim, loss, liability, personal injury (including
death), damage, cost or expense, incurred as the result of any such
interactions with other users or third parties, except where the
personal injury or death resulted solely from our negligence. If there
is a claim or dispute between you and any such users or third parties,
we are under no obligation to become involved. You hereby release and
forever discharge us, our directors, officers, employees, agents,
successors, and assigns, from, and hereby waive and relinquish, each
and every past, present and future disputes, claims, controversies,
demands, rights, obligations, liabilities, actions and causes of
action of every kind and nature (including personal injuries, death,
and property damage), that has arisen or arises directly or indirectly
out of, or relates directly or indirectly to, any of your interactions
with, or the acts or omissions of, any such users or third parties.
For the avoidance of doubt, the foregoing release and waiver do not
cover any personal injuries or deaths resulting solely from our
negligence.
1. Virtual Currency
The Service may include virtual, in-game
currency, including game coins, game cash, and/or game Points
(collectively, "Virtual Currency") and/or virtual, in-game digital
items, including digital weapons (collectively, "Virtual Goods"), in
each case that may be purchased from Company for legal tender (that
is, "real world" money) if you are of legal age in your country of
residence. You agree that all sales of Virtual Goods and Virtual
Currency are final. No refunds will be given, except in our sole and
absolute discretion. You agree that all Virtual Goods and Virtual
Currency purchased by you are forfeited if your account is terminated
or suspended in accordance with these Terms for any reason or if
Company discontinues providing any or all portions of the Service.
Company has the absolute right to manage, regulate, control, modify
and/or eliminate any or all Virtual Currency and/or Virtual Goods as
it sees fit in its sole discretion. Prices and availability of Virtual
Currency and Virtual Goods are subject to change without notice.
Company shall have no liability to you or anyone for the exercise of
such rights.
2. Limited License
Subject to your
compliance with these Terms, Company grants you a limited,
non-exclusive, non-transferable, non-sublicensable, revocable license
to use the Virtual Goods and Virtual Currency within the Service
solely for your personal non-commercial entertainment purposes. Except
for the foregoing license, you have no right, title, or interest in or
to any such Virtual Goods or Virtual Currency, or any other attributes
associated with the use of the Virtual Goods or Virtual Currency
stored within the Service.
3. No Transfer
Transfers of
Virtual Currency and Virtual Goods are strictly prohibited except
where explicitly authorized within the Service. Regardless of the
terminology used, however, you may not buy or sell any Virtual
Currency or Virtual Goods outside the Service or exchange or redeem
them for "real world" money, goods or other items of monetary value
from Company or any other person. Doing so or any attempts to do so
will be a violation of these Terms and may result in a lifetime ban
from the Service and possible legal action.
Company reserves the right, at any time, to modify, suspend, or
discontinue the Site, Game or Service, including any content thereon,
or any parts of the foregoing with or without notice. You agree that
Company will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Site, Game or
Service, including any content thereon, or any parts of the foregoing
with or without notice.
Security is a high priority to us, and we make reasonable efforts to
protect your account through the design of our Site, Game and Service,
as well as through technical means, including the use of encryption
and firewalls. However, no company, including Company, can fully
eliminate security risks connected to handling data on the Internet
and you acknowledge, understand and agree that we cannot and do not
guarantee the security of your account or Your Content, including your
personal information, while it is transmitted over the Internet or
stored on our Site, Game or Service.
1. Termination by You
You may terminate your account with us at
any time and for any reason by providing notice of termination to us
through either of the following methods: by issuing an email to
bfb.cs@cygnetify.com. Notice will be deemed given when collected by
Cygnet Games Limited. You may terminate the use of the Service from a
Third Party Affiliated Website by following the provisions in the
Terms of Service applicable to that Third Party Affiliated Website.
2.
Termination by Us
We reserve the right to terminate or suspend
your account or your access to any or all portions of the Site or
Service at any time, for any reason, including your violation or
breach of any provision in these Terms.
3. Effect of
Termination
All licenses granted to you in these Terms will
immediately cease upon any termination of these Terms. If your account
or access to the Game or Service is terminated or suspended whether by
you or by Company, subject to the Company’s absolute discretion you
will not be entitled to any refund nor will any Virtual Currency or
Virtual Goods be credited or reimbursed to you in any form, whether in
virtual form or "real world" form, and you will have no further right
to access any of the foregoing or your account.
1. THE SITE, GAME, SERVICE, AND SERVICE CONTENT, ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT REPRESENT, WARRANT, OR
GUARANTEE THAT THE SITE, GAME, SERVICE, OR SERVICE CONTENT, WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE
CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES REGARDING THESE TERMS AND THE SITE, GAME,
SERVICE, AND SERVICE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS,
OR CURRENTNESS.
2. IF APPLICABLE LAW REQUIRES ANY
WARRANTIES WITH RESPECT TO OUR SITE, GAME, SERVICE, OR SERVICE
CONTENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE
OF YOUR FIRST USE OF SUCH SITE, GAME, SERVICE, OR SERVICE CONTENT. NO
WARRANTIES ARE MADE BY ANY OF OUR SUPPLIERS. YOUR ACCESS AND USE OF
THE GAME, SITE, SERVICE, AND SERVICE CONTENT, IS AT YOUR OWN RISK.
3.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY OF YOUR CONTENT,
INCLUDING ANY LOCATION INFORMATION, TO US THROUGH OUR SITE, GAME OR
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT. YOU ARE
SOLELY RESPONSIBLE FOR CREATING BACKUPS OF YOUR CONTENT.
4.
COMPANY OPERATES AND PROVIDES THE SITE AND SERVICE GLOBALLY. COMPANY
MAKES NO REPRESENTATION THAT THE SITE, GAME, SERVICE, OR SERVICE
CONTENT, ARE APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THE
INFORMATION PROVIDED ON THE SITE, GAME OR SERVICE IS NOT INTENDED FOR
DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR
COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO ANY LAW OR
REGULATION OF THAT JURISDICTION OR COUNTRY OR WHICH WOULD SUBJECT
COMPANY TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR
COUNTRY.
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT
BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS
OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR ACCOUNT, YOUR CONTENT,
GAME PLAY, VIRTUAL CURRENCY, VIRTUAL GOODS, CHARACTERS, OR OTHER DATA
OR INFORMATION, OR PERSONAL INJURY, DEATH (PROVIDED THAT DEATH OR
PERSONAL INJURY RESULTING FROM COMPANY’S NEGLIGENCE IS NOT HEREBY
EXCLUDED), OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF
OR INABILITY TO USE THE SITE, GAME, SERVICE, OR SERVICE CONTENT, FOR
ANY REASON, INCLUDING INTERRUPTIONS OF THE GAME, SITE OR SERVICE
CAUSED BY (i) SOFTWARE OR HARDWARE FAILURES OR ISP DISRUPTIONS, (ii)
DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR
SERVICE INTERRUPTIONS CAUSED BY US, (iii) YOUR CONTENT, (iv) LOCATION
INFORMATION PROVIDED BY YOU, ANY OTHER USER, OR OTHERWISE DISCLOSED ON
THE SERVICE, OR (v) YOUR OR ANY OTHER USER'S ERRORS OR OMISSIONS.
2.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
COMPANY BE LIABLE IN ANY WAY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE
TERMS, THE SITE, GAME, SERVICE, OR ANY SERVICE CONTENT, EVEN IF
COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, COMPANY'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR
RELATING TO THESE TERMS, THE SITE, GAME, SERVICE, AND SERVICE CONTENT,
FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, AND
EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (i)
FIFTY HK DOLLARS (HK$50) OR (ii) THE AMOUNTS YOU HAVE PAID COMPANY IN
THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE FIRST CLAIM GIVING
RISE TO THE LIABILITY. YOU AGREE THAT THIS LIMITATION IS A REASONABLE
ESTIMATION OF LOSS AND THAT THE COMPANY’S PROVISION OF THE GAME,
SERVICE, AND CONTENTS IS ONLY ON THE BASIS OF SUCH LIMITATION.
4.
YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND
ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO
USE THE SITE, GAME, SERVICE, OR SERVICE CONTENT.
Some jurisdictions do not allow the exclusion of certain warranties or
the exclusion or limitation of liability for consequential or
incidental damages, so the limitations in Sections 13 and 14 above may
not apply to you.
To the furthest extent permitted by the applicable law, you agree to
defend, indemnify, and hold Company and its directors, officers,
employees, agents, successors, and assigns (collectively, the
"Indemnified Parties"), harmless from and against any claim,
liability, loss, injury, damage, cost, or expense (including
attorneys’ fees) incurred by Company or any Indemnified Party arising
out of or relating to (i) your access and use of, or inability to
access and use, the Site, Game, Service, or Service Content, (ii) Your
Content, or (iii) your violation or breach of any provision in these
Terms or your violation of any rights of a third party, except where
and to the extent the claim, liability, loss, injury, damage, cost, or
expense was incurred by the Company solely due to its own negligence
or breach of contract.
It is our policy to remove, or disable access to, material that
infringes any copyright from our Site or the Game or through our
Service after we have been notified by the copyright owner or the
copyright owner’s legal agent. If you believe that your work has been
copied and posted on our Site, Game or through our Service in a way
that constitutes copyright infringement, please provide our Copyright
Agent with the following information: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of
the copyright interest; (ii) an identification of the copyrighted work
that you claim has been infringed; (iii) a description of where the
material that you claim is infringing is located on our Site, Game or
through our Service; (iv) your address, telephone number, and e-mail
address; (v) a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or law; (vi) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright
owner’s behalf. (Refer to Section 20 for Contact information for our
Copyright Agent for notice of claims of copyright infringement)
All trademarks, Logos and service marks displayed on the Site, Game or
Service ("Marks") are our property or the property of other third
parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the
Marks.
These Terms and the Privacy Policy constitute the entire agreement
between you and Company regarding your use of our Site, Game, Service,
and Service Content, and supersede and replace any prior written or
oral agreements, drafts, arrangements and understandings between you
and Company regarding the foregoing. You acknowledge and confirm that
in using the Game, Site, Service and Service Content and agreeing and
accepting these Terms you do not rely on, and shall have no remedies
in respect of any representation or warranty (whether made innocently
or negligently) that is not set out in these Terms. Our failure to
exercise or enforce any right or provision in these Terms shall not
operate as a waiver of such right or provision. If any provision in
these Terms is, for any reason, held to be invalid or unenforceable,
the other provisions of these Terms will be unimpaired and the invalid
or unenforceable provision will be deemed modified so that it is valid
and enforceable to the maximum extent permitted by law. As used in
these Terms, the word "including" means "including but not limited
to." Section headings used herein are for convenience only and shall
not be given any legal import. You agree that these Terms will not be
construed against Company by virtue of having drafted them. You agree
not to export, re-export, or transfer, directly or indirectly, any
technical data acquired from us. Neither the rights nor obligations
arising under these Terms are assignable by you, and any such
attempted assignment or transfer shall be void and without effect. We
may assign these Terms without restriction. You acknowledge that
Company shall be entitled to injunctive or other equitable relief
(without the obligations of posting any bond or surety) in the event
of any breach or anticipatory breach by you of Company’s intellectual
property or proprietary rights or Section 4. By using our Site or
Service you hereby expressly consent to personal jurisdiction. If
there is any discrepancy between the English and Chinese version of
these Terms, the [English] version shall prevail.
If you have any questions about these Terms, please contact us by
e-mail at
support@cygnetify.com
in each case marking the message "Attention: Terms of Service."
©
2024, Cygnet Limited. All Rights Reserved.