TERMS OF USE
PLEASE READ THE TERMS AND CONDITIONS ("THIS AGREEMENT") CAREFULLY BEFORE YOU USE OUR WEBSITES AND SERVICES. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU SHALL NOT USE OR ACCESS OUR WEBSITES AND SERVICES. IF YOU CLICK THE " I ACCEPT " BUTTON OPTION BOX WHEN YOU REGISTER YOUR ACCOUNT OR OTHERWISE ACCESS OR USE OUR WEBSITES OR SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT.
This Agreement is made for the provision of all websites, web platforms, application platforms including any parts thereof, anything contained therein or anything derived therefrom, owned, operated or controlled by TOP INCREASE and/or its affiliates or its designated partners ("Websites"), and all services, including any parts thereof, anything contained therein or anything derived therefrom, provided through the Websites, including without limitation web applications, mobile applications, forums, posting boards, virtual items, virtual currencies accessible through the Websites ("Services") to the customer ("you"). This agreement shall also include all appendixes, policies, documents (including Privacy Policy) that are incorporated into this agreement and Changes. ("Agreement")
TOP INCREASE, together with its affiliates will be referred to as "we", "us", "our" or TOP INCREASE in this Agreement. The date of this Agreement is set forth at the end of this Agreement. We reserve the right to change, modify, add, replace or remove ("Change") any clause from this Agreement. We will make commercially reasonable efforts to provide you with notice of any Change and will provide notice of Changes on the Websites. A Change will only apply to your use of the Websites on and after the date of the Change. If you access or use the Websites or Services after the date of the Change, you will be deemed to have accepted the Change. Please check our website at https://www.37darkbreak.com/ for Changes.
IF YOU DO NOT AGREE WITH THE CHANGE, YOU CAN CHOOSE NOT TO USE OR ACCESS OUR WEBSITES AND SERVICES, OTHERWISE ANY USE OR ACCESS OUR WEBSITES AND SERVICES WILL BE DEEMED AS CONSENT TO THE CHANGE.
1. Intellectual Property Rights and Licenses
All Websites, Services, including without limitation all content, thoughts,
ideas, expressions, information, pictures, graphics, data, text, audio,
video, icons, games, software, excluding the Submissions are the
proprietary assets of TOP INCREASE or its licensees. You are granted a
personal, revocable, non-exclusive, limited, non-transferable,
non-sublicensable, non-commercial license to access and use the Websites
and Services solely for personal entertainment use, provided you completely
comply with this Agreement and all other policies and terms on the Websites
and Services. In case you are using or accessing the Websites and Services
through a third party, your access or use of the Websites and Services
shall also be governed by such terms and conditions between you and such
third party. Except as explicitly provided herein, no rights will be
granted to you, either by implication or operation of law, specifically, no
rights of modification, copy, adapt, reverse engineer, distribution, use,
display or otherwise disposition of the Websites and Services are granted
to you. You acknowledge all rights under the Websites and Services are the
property of TOP INCREASE and its licensors, all rights and titles in the
Websites and Services, including without limitation, all patents,
copyrights, trade secrets, trademarks, trade names and confidential
information are reserved by TOP INCREASE and its licensors.
The Websites and Services are provided "AS IS" and you shall take all the
risks associated with your access and use of the Websites and Services.
2. Right to Modify, Suspend and Discontinue
We reserve the right, at any time, to modify, suspend, or discontinue the
Website and the Services, or any part thereof with or without notice. You
agree that we will not be liable to you or to any third party for any such
modification, suspension, or discontinuation.
3. Your Account
For the purpose of accessing or using of the Websites or Services, you do
not need provide any personal information other than the username and the
password to create an Account ("Account"). You acknowledge that you cannot
change your username after the creation of your Account. You are suggested
but not required to associate your email address to the Account, so that
you may use the email address to reset your password. You acknowledge and
agree you are at your own choice to provide all the personal information,
and you shall bear the risk that you could not reset your password if you
do not associate the email address with your Account. You acknowledge and
agree you do not have any ownership or other proprietary interests in the
Account. You represent and warrant that (a) the personal information you
provided is accurate and current (including your email address); (b) you
will maintain and update the personal information to assure it is accurate
and most updated. In case any information provided by you is not accurate,
untrue, not complete, not current or not updated, we shall have the right
to terminate your access or use of the Websites and Services.
For the access and use of the Websites and Services, you may need to choose
a user name. You agree the choice of the user name will be entirely at your
own risk and you shall be solely liable for such choice. We shall have the
right to refuse to grant, terminate, suspend or discontinue the user name
chose by you in our sole discretion, i.e. when your choose of the user name
(1) infringes or negatively impacts the rights of a third party; (2)
breaches public policies, regulations or laws; or (3) negatively impacts
the goodwill, normal operation or any other rights of TOP INCREASE.
You may also need to choose a password for the access and use of the
Websites and Services. YOU WILL BE SOLELY AND ENTIRELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY AND SECURITY OF YOUR ACCOUNT, USER NAME AND
THE PASSWORD, INCLUDING ANYTHING ASSOCIATED WITH SUCH ACCOUNT, USER NAME
AND THE PASSWORD. It is highly recommended to use "strong" passwords
(passwords that use a combination of upper and lower case letters, numbers
and symbols) with your Account.
You shall not in any way use the Account of anyone else and you shall not
allow anyone else to use your account. In case any damages or losses are
incurred by your use of others' account or someone else using your account,
with or without your consent, you shall be solely liable to such damages
and losses and we shall in no case liable for such damages or losses.
There may be fees and charges incurred by your Account, you agree to pay
all fees and charges incurred thereby, including all taxes. You understand
and agree we may add new Websites and Services that require additional
charges and fees at our sole discretion. You further understand and agree
we may change or amend fees or charges for the current Services and
Websites in our sole discretion. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE
FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT. YOU
ACKNOWLEDGE AND AGREE THAT THERE SHOULD BE NO REFUNDS FOR FEES AND CHARGES
MADE THROUGH YOUR ACCOUNT BY TOP INCREASE.
4. Virtual Currency and Virtual Items
In using our Websites and Services, there may be virtual currencies or
credits. You acknowledge and agree the Virtual Currency or Virtual Items
shall be used only for the purpose for the use of the Websites and Services
and shall not be used for any other purpose. YOU FURTHER ACKNOWLEDGE AND
AGREE THAT VIRTUAL CURRENCY OR VIRTUAL ITEM HAS NO CASH VALUE AND CANNOT BE
IN ANYWAY CONVERTED OR EXCHANGED TO ANY SUM OF MONEY OR MONETARY VALUE. You
understand and agree Virtual Currency or Virtual Item is only a limited,
personal, revocable, non-transferable, non-sublicenseable and
non-commercial license granted by us to you in using the Websites and
Services and shall in no way be viewed as your property.
We are entitled to provide you or any other customer with any amount of
Virtual Currency or Virtual Item. We are also entitled to delete, change,
manage, regulate, control or terminate any Virtual Currency or Virtual Item
in your Account at our sole discretion. Further, we are entitled to change
or impact the perceived value or pricing of Virtual Currency or Virtual
Item in our Websites or Services. We are entitled to charge fees for the
access and use of Virtual Currency or Virtual Items at our own discretion.
ALL PURCHASES OF VIRTUAL CURRENCY, VIRTUAL ITEMS OR SUBSCRIPTIONS ARE FINAL
AND UNDER NO CIRCUMSTANCES WILL BE REFUNDABLE, TRANSFERABLE OR
EXCHANGEABLE.
In case you get access to the Virtual Currency or Virtual Items via third
party virtual currency or virtual items, you will also be bound by the
terms and conditions of such third party and we shall not be liable for
your agreement with such third party. You shall be jointly and severally
liable to us if your agreement or performance thereof with such third party
incurs any damages or losses to us.
You agree the amount, nature and quality of Virtual Currency and Virtual
Items in your Account shall be determined and calculated solely by us.
You agree you will not engage in any transaction, selling, buying or
exchanging of Virtual Currency or Virtual Items without our prior written
consent ("Un-permitted Transaction"). You shall take entirely the risks
arising thereof. In case any Un-permitted Transaction comes to the
awareness of us, we shall have the right to terminate, suspend, discontinue
or reverse such transaction, including without limitation terminate,
suspend, discontinue or reverse the Virtual Currency, Virtual Item or your
Account.
5. Subscription
In using our Websites and Services, there may be subscriptions subject to automatic renewal. In order to avoid losses caused by your failure to renew the subscriptions, you authorize us to deduct the fees for the next billing period on their behalf from the balance of your re-charge accounts, and third-party payment accounts, bank cards and communication accounts which are bound up with your Account (“Billing Account”) prior to the expiration of the valid period (including but not limited to per week/month/quarter/year). You are responsible that there is adequate deductible money or credit and that the Billing Account works. The subscriptions will not be renewed if the deduction is unsuccessful, for whatever reasons, and we are not liable for such failure of renewal.
Once the subscriptions become effective, we will deduct the fees for next billing period within 24 hours before the end of the current billing period from the Billing Account and extend your subscriptions for next billing period.
If you didn’t cancel the auto-renewable subscriptions 24 hours before the end of the current billing period, the subscription shall be automatically subscribed for next billing period, under which the fees for the next billing period will be deducted accordingly. If you cancel the subscriptions within the above period, they will not be renewed for next billing period, but they will not expire until the end of the current billing period, and any fee that has been deducted for the current billing period will be non-refundable.
If prices for any subscription is adjusted at the time of/prior to the automatic subscription renewal fees deduction, the currently valid prices shall prevail.
6. Your Responsibilities
By using or accessing our Websites and/or Services, including using and
accessing the Submissions (as defined below), you agree to follow the
community rules and guidelines, which is incorporated as a part of this
Agreement. You explicitly agree not to:
(1)Infringe any third party's Intellectual property rights, including
rights in confidential information;
(2)Spread any pornographic, sexually graphic, threatening, embarrassing,
hateful, racially or ethnically insulting, inciteful, deceptive, tortuous,
defamatory, libelous, or otherwise inappropriate or offensive comments or
content, including any uses of characters to replace letters and including
any topics that may be harmful to or threaten the security of a child or
minor;
(3)Use the Websites or Services in any manner that violates any applicable
laws or regulations or is prohibited by these Terms;
(4)tracing, harass, threaten, or defraud other customer or any members of
us;
(5)Create a false identity or impersonate another person or entity,
including without limitation, identities falsely indicating that you are a
TOP INCREASE official or representative, message board moderator, guide,
another user or host, or that you are a celebrity or public figure;
(6)Access another user's Account without permission;
(7)Send, post, transmit or make available any pornographic, sexually
graphic, threatening, embarrassing, hateful, racially or ethnically
insulting, inciteful, deceptive, tortuous, defamatory, libelous, or
otherwise inappropriate or offensive comments or content, including any
uses of characters to replace letters and including any topics that may be
harmful to or threaten the security of a child or minor;
(8)Make offers, advertisements or proposals for goods, services, or other
commercial activities on the Websites or Services;
(9)Send, post, transmit or make available any unsolicited or inappropriate
content, information or Submissions, junk mail, SPAM, chain letters,
pyramid schemes, investment opportunities, or other unsolicited or
unauthorized commercial or promotional content, information or
communications, except as expressly permitted by us in writing;
(10)Share the passwords of Websites, Services or Account with a third
party;
(11)Send, post, transmit or make available any content, information or
Submissions that are subject to intellectual property protection,
including, copyright trademark, trade secret or patent rights, or otherwise
subject to third party property rights, including rights of privacy and
publicity, unless you are the owner of such rights or have permission from
the owner of such rights to do so and to grant TOP INCREASE all the
license rights necessary to transmit or maintain such content, information
or Submissions;
(12)Misrepresent the source, identity, or content of information sent,
posted, transmitted or made available via the Websites, the Services or a
third party platform, (such as claiming a created work as your own that is
not actually yours);
(13)Use features of the Websites or Services for anything other than their
intended purpose, including exploiting glitches for personal gain;
(14)Interfere with or disable any security-related features of the Websites
or Services, or any part thereof, including any Services available on or
through any third party platforms;
(15)Damage, disable, overburden, or impair the Websites or Services,
including any Services available on or through any third party platforms,
including by sending, posting, transmitting or distributing anything that
contains a virus or other code intended to damage or interfere with the
Websites or Services or any portion thereof, or any software, hardware,
equipment, system, data, or other information of TOP INCREASE or any third
party;
(16)Institute an attack upon any server used in connection with the
Websites or Services, or any portion thereof, or otherwise attempt to
disrupt such servers or any Services available thereon or on or through any
third party platform, including, by hacking or DOS attacks;
(17)Intentionally interfere with the operation or fair play of any Services
available on the Websites or through any third party platform, or any other
user's enjoyment of such Services;
(18)Decipher, decompile, disassemble, reverse engineer or otherwise attempt
to derive any code or underlying ideas or algorithms of any part of the
Websites or Services, including any Services available on or through the
Websites or third party platforms;
(19)Use, develop, or distribute any robot (or "bot"), spider, unauthorized
script, unauthorized scraper or offline reader, or any other cheat,
exploit, mod, bot, hack or the like, or any unauthorized third-party
software designed to modify or interfere with or provide automated access
to or use of the Websites or Services, or any portion thereof, or any
Services available on or through any third party platform;
(20)Frame or mirror any part of the Websites or Services without FRONTIER
GAME' written permission;
(21)Buy, sell or trade Virtual Items or user Accounts for non-TOP INCREASE
items (including cash) or vice versa;
(22)Make improper use of TOP INCREASE' support services, including by
submitting false abuse reports;
(23)Imply or state that any statements you make are endorsed by FRONTIER
GAME without TOP INCREASE' prior written consent;
(24)Harvest or collect any information about any user of the Websites or
Services, including any Services available through third party platforms,
including personal information or other Account information, including
passwords, e-mail addresses, or geo-locations;
(25)Modify any part of the Websites or Services, including any Services
available through any Third Party Platform, for your own personal or
commercial purposes, including but not limited to, alter, adapt, license,
sublicense, or translate the Websites or Services; or
(26)Assist, permit or encourage any party in engaging in any of the
activities described in the above listing;
(27)Mass distribute characters of no understandable meaning;
In case you are in breach of the Rules or this Agreement, TOP INCREASE
shall have the right to, at its sole discretion:
(1)Warn you about the breach of Rules or this Agreement;
(2)Close, suspend or terminate your Account partly or in whole;
(3)Force you to leave or terminate your connection to the Website or
Service;
(4)Temporarily or permanently terminate your Account;
(5)Delete anything contained in your Account;
(6)Delete your Account;
(7)Retrieve Virtual Items from your Account;
(8)Change the name of your Account or anything contained therein;
(9)Dismiss a group in which you are a member or exclude you from a group;
(10) Deduct or clear any attributes of your Account or anything contained
therein, including experience, Virtual Items, Virtual Currency or levels;
or
(11)Other disposition as determined proper by TOP INCREASE;
7. Forums & Submissions.
By using our Websites and Services, you may have access to and use forums
or areas where you and others can post or transmit information onto or
through the Websites or Services, including through third party platforms
("Forums"). By posting, transmitting or leaving any photos, graphics,
creative suggestions, ideas or User Ideas, notes, concepts, information,
ratings or other materials ("Submissions"), you grant us a worldwide,
non-exclusive, sublicensable, assignable, royalty-free, perpetual,
irrevocable right to use, reproduce, distribute, create derivative works
of, publicly perform, publicly display, digitally perform, make, have made,
sell, offer for sale and import such Submissions in any media now known or
hereafter developed, for any purpose whatsoever, commercial or otherwise,
without compensation to you or the provider of the Submissions. You
understand and agree that we shall have no obligation or liability in your
Submissions, including any obligation or liability of confidentiality.
You also understand there may be other customers making Submissions on the
Forums, such Submission may be inaccurate, offensive, illegal, misleading
or deceptive. We shall have no obligation for such Submissions and we are
under no obligation to monitor or control the Submissions.
We shall have the right, but not the obligation to (1) alter, change,
delete, remove or refuse the Submissions; (2) block your access to the
Forums.
8. Termination
Upon our sole discretion, we will be entitled to terminate this Agreement
with or without notice to you. Accordingly, we may terminate your access
and use of the Account (including anything therein), Websites, Services,
Virtual Currency and Virtual Items, Submissions, entirely or partly. You
understand and agree we do not have any obligation to you by the
termination of your account, including without limitation refunding of any
charges or fees for the use and access of Websites, Services, Virtual
Currency and Virtual Items.
We are entitled, but are not obligated to maintain the Account (including
anything therein), Websites, Services, Virtual Currency and Virtual Items,
Submissions.
The provisions of section 2, 3, 4, 7, 8, 9, 10, 11, 12, ,15,16, 17, 18, 19,
20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 shall survive the termination of
this Agreement.
9. Eligibility and Compliance of Law
If you are a child as defined by applicable law in your jurisdiction, you
may use and access TOP INCREASE Websites and Services only with the
permission of a parent or legal guardian, and your parent or legal guardian
must accept this Agreement on your behalf.
10. User Ideas
In case you submit any idea for new promotions, products, games,
applications, technologies or processes or other ideas ("User Ideas") to
us, you agree to grant us a worldwide, non-exclusive, sublicensable,
assignable, royalty-free, perpetual, irrevocable right to use, reproduce,
distribute, create derivative works of, publicly perform, publicly display,
digitally perform, make, have made, sell, offer for sale and import such
User Ideas in any media now known or hereafter developed, for any purpose
whatsoever, commercial or otherwise, without compensation to you or the
provider of the Submissions. You understand and agree that we shall have no
obligation in your User Ideas, including any obligation of confidentiality.
11. Use of Technical Information
We are entitled to acquire non-personal information, with your prior
consent, of your devices, networks or any part thereof, including
information of hardware, software ("Device Information") for identification
or other legal purpose. Specifically, we may use the information to
identify any person or entity who is not in compliance of this Agreement or
who is acting in breach of polices, laws or regulations.
To access and use our Websites and Services you shall be solely responsible
to facilitate and acquire the devices and networks and pay any fees related
thereto.
12. Privacy
For the use and access of the Websites and Services, we may need you to
submit some of your personal information. Your personal information will be
used, disposed and protected as per our Privacy Policy at
https://www.37darkbreak.com/ ("Privacy Policy"). The Private Policy is
hereby incorporated as part of this Agreement.
13. Promotions
From time to time we may provide offers or initiate promotions
("Promotion") to our Websites or Services. The Promotions are governed by
the rules for the Promotions in addition to this Agreement, so please read
the rules carefully. If you decide to engage in the Promotions, you may be
required to provide additional information, to sign a release, or to
authorize the use of certain biographical or other information about you in
order to get the Promotions.
14. Accessing Materials
You understand the access and use of the Websites and Services from
jurisdictions where such access and use is illegal is prohibited. If you
choose to access or use the Websites and Services in locations outside the
United States, you shall be responsible to comply with all local rules.
15. Copyright Infringement
If you are a copyright or trademark owner (or an agent of a copyright or
trademark owner), and you believe that your copyright or trademark rights
have been violated by any posting, submission or other content on the
Websites, please contact us by email to guanjingame@gmail.com.
In case you believe your copyright or trademark is infringed in a
jurisdiction other than the United States, the procedures and laws of that
jurisdiction shall also apply.
16. Third-Party Offerings
There may be links included in our Websites or Services which links to
third party websites or services. You understand and agree that inclusion
of the links does not indicate or in any way imply endorsement by us of any
third party, third party websites or any association with the operators of
such websites or services. We shall in no case be liable to any damages or
losses incurred by you due to your use or access to such websites or
services. You understand and agree you will be bound by the terms and
conditions with the third parties operating the websites and services.
17. Disclaimer of Warranties
THE WEBSITES AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ITEMS OR
SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY
PLATFORM, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, TOP INCREASE AND ITS AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE
OF PERFORMANCE OR USAGE OF TRADE. TOP INCREASE AND ITS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT
YOUR USE OF THE WEBSITES OR SERVICES, INCLUDING WITHOUT LIMITATION ANY
ITEMS OR SERVICES AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY
PLATFORM, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE WEBSITES OR SERVICES, THE SUBMISSIONS, THE SERVER(S)
ON WHICH THE WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES
AVAILABLE ON THE WEBSITES OR ON ANY THIRD PARTY PLATFORM ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF
TOP INCREASE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE
MATERIALS, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY
WARRANTY. YOUR USE OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT
LIMITATION ANY SERVICES PROVIDED THROUGH THE WEBSITES OR ON ANY THIRD PARTY
PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
18. Limitation of Liability
NEITHER TOP INCREASE NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO
THE WEBSITES AND/OR SERVICES, INCLUDING ANY SERVICES AVAILABLE THROUGH ANY
THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT
OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES OR ANY
THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
WEBSITES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE ON THE
WEBSITES OR THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED
WEBSITES IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS,
SERVICES, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM
LIABILITY TO TOP INCREASE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR
OTHERWISE, SHALL BE THE LOWER OF: (1) TOTAL AMOUNT PAID BY YOU TO FRONTIER
GAME IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE
WEBSITES OR SERVICES; (2) 1000 US DOLLARS. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND TOP INCREASE OR A
REPRESENTATIVE OF TOP INCREASE CONSTITUTES A WAIVER OF ANY LIMITATIONS OF
LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED
IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT
STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF
SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Inaccuracies
You understand and agree the content shown on the Websites or Services may
be inaccurate or incorrect, and the content may be changed or altered by a
third party without our permission. We do not make any representations
regarding the accuracy or correctness of the Websites and Services.
20. System Maintenance
TOP INCREASE periodically schedules system downtime for the Websites and
Services for maintenance and other purposes. Additionally, unplanned system
outages may occur. You agree that TOP INCREASE has no responsibility and
is not liable for: (a) the unavailability of the Websites or Services; (b)
any loss of materials, data, transactions or any other information or
materials caused by such system outages; (c) the resultant delay,
mis-delivery, or non-delivery of data, transactions or any other
information or materials caused by such system outages; or (d) any outages
caused by any third parties, including without limitation, any companies or
servers hosting the Websites or Services, any Internet service providers,
any third party platforms, or any Internet facilities and networks.
21. Indemnification
You agree to indemnify to defend and hold harmless TOP INCREASE and its
officers, directors, partners, employees, consultants, and agents against
any damages, losses, liabilities, fees, charges, including any attorney
fees, incurred as a result of (a) any allegation that any Submission or
other information you post, submit to us or transmit to the Websites or
Services infringes or otherwise violates the copyright, trademark, trade
secret or other intellectual property or other right of any third party;
(b) your breach or violation of the this Agreement or any applicable laws
or regulations; (c) your access to and use of the Websites and Services;
(d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or
other similar harmful programming routines posted, submitted or transmitted
by you to the Websites, in the Services; and/or (e) any claim that one of
your postings, User Ideas or Submissions caused damage to a third party,
including without limitation, libel, defamation, loss of or harm to
reputation or any other damage whatsoever.
22. Notice
If you are located outside of United States, the notices to TOP INCREASE
shall be delivered to: guanjingame@gmail.com
If you are located inside the United States, the notices to TOP INCREASE
shall be delivered to: guanjingame@gmail.com
We will deliver the notice to you at the email address you leave the time
you register your Account. Or we may deliver the notice to you at the
address you leave for registration, if any.
23. Waiver
The failure of TOP INCREASE to exercise or enforce any right or provision
of this Agreement will not constitute a waiver of such right or provision.
Any waiver of any provision of this Agreement will be effective only if in
writing and signed by TOP INCREASE.
24. Governing Law and Jurisdiction
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be governed by the law of Hong Kong without any conflict of law rules to the contrary and shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of this arbitration clause shall be Hong Kong law.
The seat of arbitration shall be Hong Kong.
The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
25. Limitation of Statute
All claims or suits arising under or related to this Agreement shall be
raised within 1 year of its occurrence.
26. Severability
If any provision of this Agreement is found to be unlawful, invalid, void
or for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.
27. Assignment
The Terms and any related rights and licenses granted hereunder, may not be
transferred or assigned by you without TOP INCREASE' prior written
consent, but may be assigned by TOP INCREASE freely without restriction.
28. Entire Agreement
This is the entire agreement between you and TOP INCREASE relating to the
subject matter herein and supersedes any and all prior or contemporaneous
written or oral agreements between you and TOP INCREASE with respect to
such subject matter.
29. Miscellaneous
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement. Any heading, caption or section title contained herein is
inserted only as a matter of convenience and in no way defines or explains
any section or provision hereof. TOP INCREASE' performance of this
Agreement is subject to existing laws and legal process, and nothing
contained in the Agreement is in derogation of TOP INCREASE' right to
comply with governmental, court, and law enforcement requests or
requirements relating to your use of the Websites, Services, including
without limitation those available through third party platforms, and any
information provided to or gathered by TOP INCREASE with respect to such
use(s). A printed version of this Agreement and of any notices given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. The parties agree that
all correspondence relating to this Agreement must be written in the
English language.
Any notices to TOP INCREASE may be delivered to: guanjingame@gmail.com
Last update July 22, 2022