TERMS OF SERVICE
Last Updated: 14 October, 2026
You may read these Terms of Service (the “Terms”) carefully. By accessing or using the Services, you are agreeing to these Terms and concluding a legally binding contract with HIGGS TECHNOLOGY CO.,LIMITED. and its affiliates (the “Company” “we” “us” or “our”).
The Terms govern (i) your (“user(s),” “you” or “your”) access to and use of our website (the “Site”), (ii) your access to and use of mobile applications, software products, content and updates offered by us (“Software Products”) or (iii) other services that link to or reference these Terms (together with the Site and the Software Products, the “Services”), and contain important information about your legal rights, remedies and obligations.
You represent that you have read and understood our privacy policy (“Privacy Policy”). Be aware that we might share your information with third parties if we believe in good faith that it's necessary to:
If you're not ready or able to accept the Terms, don't use the Services.
Table of Contents
1.Modifications
2.Using the Services
3.User Content
4.Virtual Items and Virtual Currency
5.Restrictions
6.Use and Transaction Policies
7.Notice of Copyright Infringement
8.Suggestions and Improvements
9.Third Party Links and Materials
10.Indemnity
11.Limitations of Liability and Disclaimers
12.General Prohibitions
13.Controlling Law and Jurisdiction
14.Location of Your Access to the Services
15.Effects of Suspension, Termination of Account
16.Miscellaneous
1.Modifications
We may update the Terms occasionally. The latest version will always be available on the Software Products page. By accessing or using the Services, you agree to abide by the Terms in effect at that time. If significant changes are made, we will inform you either through push notifications or by posting a notice on our website and Software Products before these changes take effect. Should data protection laws require us to provide additional notice or obtain your consent for certain changes, we will do so accordingly. You can check the "last updated" date at the top of the Terms of Service to see when they were last revised. Any new Terms of Service will replace all previous versions.
2.Usage of the Services
2.1.Eligibility. You must meet the minimum age requirement in your country to use the Services. If you are not the age of majority in your area, both you and your parent or guardian need to agree to these Terms, and you must have their permission to use the Services. Parents are liable for their children's actions while using the Services. The Company advises parents and guardians to set up parental controls on devices given to their children. The Services are not available to anyone under the age of majority. If you have been banned or have had your Account closed by us, you are not allowed to use the Services.
2.2.Permission to Use the Services. The Services are intended for your enjoyment and are primarily for personal use unless stated otherwise within the Services themselves. We provide you with a personal, non-exclusive, non-transferrable, and terminable license to access and use the Services for personal purposes only, contingent upon your adherence to these Terms. We do not confer upon you any other rights, express or implied, beyond those expressly mentioned here; all ownership, copyrights, and interests not explicitly granted remain with us or our licensors. You use the services at your own risk, accepting the possibility of encountering Content that may be offensive, indecent, misleading, or otherwise unsuitable.
You may not, unless otherwise permitted, modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the Content of the Services without the Company’s or our licensors’ express prior written permission. This prohibition extends to, but is not limited to, scraping user locations or using any non-public information about our Services or other users, and transferring such data.
This Terms, including any associated rights or obligations, cannot be assigned, transferred, or sublicensed by you without our advanced written approval. The Company, however, may assign or transfer these without restriction. Any attempt by you to assign these Terms without our consent is unauthorized and will be null and void.
The licenses provided to you depend on your adherence to these Terms, subject to the Company’s sole judgement. We retain the exclusive right to restrict or revoke your access to the Services, in whole or part.
2.3.Service Availability. The Services may be modified, updated, interrupted, suspended or discontinued by the Company at any time without notice or liability.
2.4.User Accounts. To utilize certain features provided through the Services, you must set up a user account (“Account”) and submit specific personal information; however, sharing your personal information with the Company is optional. You acknowledge that you do not own or have proprietary rights to your Account.
Your Account should be used solely for personal, non-commercial purposes. Eligibility to create an Account requires you to be eligible for the Service you wish to use, reside in a country where the Services are available, possess a valid email address, and provide accurate and honest information. You cannot pretend to be someone else, use the Account for anyone other than yourself, use an email address that isn't yours, or create multiple Accounts. If you choose to use a pseudonym, be aware that people might still identify you if you provide identifying details, use the same Account details elsewhere, or if other sites share your information. For further details, please consult our Privacy Policy.
Additionally, you may need to select a username and password when creating your Account. You are responsible for choosing a username that doesn’t violate any third-party rights or laws. The Company may deny any username if it impersonates others, suggests a false association, infringes on rights, contains vulgarity, causes confusion, or for any other reason at the Company’s discretion. Your choice of username does not grant you any rights to this name, and the Company can change, reassign, or remove it at any time without prior notice. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF VIRTUAL CURRENCY, SERVICES ITEMS, OR SERVICES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE TERMS.
You agree to promptly inform the Company of any unauthorized use of your Account. The Company reserves the exclusive right to terminate your Account anytime should you breach these Terms or for legitimate reasons such as fulfilling legal or regulatory obligations.
2.5.Third-Party Account. You can also register to access the Services by logging into your Account with certain third-party social networking sites including, but not limited to, Apple ID, Facebook and/or Google (each such account is a “Third-Party Account”), through our Sites or Software Products. Unless you add your email, address or phone number and set up a password for such account, if a Third-Party Account or associated service becomes unavailable or the Company’s access to such Third-Party Account is terminated by you or the third-party service provider, then you are no longer be able to log into any Services through such Third-Party Account.
2.6.Link your Account with Third-Party Account. As part of the functionality of the Services, you may link your Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to the Company through the Services; or (ii) allowing the Company to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of such Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use by the Company for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. By granting the Company access to any Third-Party Accounts, you understand that the Company will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your Account and your Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Your Content for all purposes of these Terms.
If you choose to link Third-Party Accounts with your Account, subject to the privacy settings that you have selected at such Third-Party Accounts, some of the information that you provided to us from the linking of your Third-Party Accounts might be available on and through the Services via your Account and your Account profile page.
The Company makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and the Company is not responsible for any SNS Content.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
2.7.Communication from the Company and Other Users.
When you create an account, you consent to receive communications related to the Services, such as friend requests from other users. Additionally, you may receive our email newsletters and promotional materials. You have the option to unsubscribe from non-essential communications by clicking the “unsubscribe” link in any email.
3.User Content
The Services include Content. “Content” consists of the software, code, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video and all other audio visual or other material appearing on or emanating to or from the Services. Content also includes user-generated Content (“UGC”), which consists of Account personas, forum posts, profile content and other Content posted to or otherwise made available on the Services by users.
3.1.Public Information. You acknowledge that your chats, postings and other communications with other users of the Services or with the Company are public and will be seen by others.
3.2.Ownership. All Content is either owned by the Company or the Company’s licensors, or is licensed to the Company and the Company’s licensors pursuant to Section 3.2 (Our Right to Use UGC) above. As between you and the Company, you own Your Content. We own the Company Content, including but not limited to visual interfaces, interactive features, graphics, design, our compilation of UGC and other Services Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services excluding Your Content, UGC and Third Party Content. We also own the copyrights, trademarks, service marks, trade name, and other intellectual property rights throughout the world (“IP Rights”) associated with the Company Content and the Services, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of public displays or in any way exploit any of the Company Content or the Services in whole or in part except as expressly authorized by the Company. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Company Content are retained by the Company. “Company Content” means Content that the Company creates and makes available in connection with the Services. “Services Content” means all of the Content that is made available in connection with the Services, including Your Content, other UGC, Third Party Content, and Company Content. “Third Party Content” means Content that originates from parties other than the Company or users of the Services, which is made available in connection with the Services.
3.3.Responsibility for Your Content. You are solely responsible for any User Generated Content (UGC) that you submit or transmit through the Services ("Your Content"). Once it's posted, it cannot always be removed. You accept all risks linked to Your Content, including reliance by others on its quality, accuracy, or reliability and any personal identification risks that may arise if you disclose personal information. You confirm that you own or possess the necessary authorizations to use and permit the use of Your Content as outlined in Section 3.2 (Our Right to Use Your Content). You must not suggest that Your Content is sponsored or endorsed by the Company in any way.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
3.4.Right to Remove. UGC (including any that may have been created by users employed or contracted by the Company) does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate UGC, including Your Content, from time to time at our sole discretion for any reason or no reason, and without notice to you. We may remove UGC if we deem necessary, including but not limited to if such UGC is inappropriate, raises a conflict of interest, is promotional, irrelevant, violates other user’s privacy or has been stolen from another party. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
3.5.Our Right to Use Your Content. You acknowledge and agree that by submitting or transmitting UGC to, through or in connection with the Services, you grant to the Company (and our subsidiaries, affiliates, licensees and each of their successors and assigns, and those acting with our authority) an unrestricted, absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, publish, edit, translate, create derivatives from in whole or in part, publicly display, publicly perform or otherwise use Your Content, or any part thereof, in combination with or as a composite of other materials, including but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any of the Services or advertising and promotional materials. Please note that, to the extent any of Your Content is accessible, visible or usable by other users through the functionality of the Services, you also irrevocably grant all other users of the Services the royalty-free, perpetual, worldwide, irrevocable right and license to reproduce, copy, modify, publish, edit, translate, create derivatives from in whole or in part, publicly display, publicly perform or otherwise use Your Content, or any part thereof, in combination with or as a composite of other materials, in connection with their use of the Services. You also irrevocably waive, and cause to be waived against the Company and other users of the Services any claims and assertions of moral rights or attribution with respect to Your Content. The licenses granted in this subsection shall survive the termination of these Terms.
3.6.Advertising. The Company and its licensors have the right to publicly display ads and other information next to or within Your Content. You will not receive any compensation for these advertisements. The way, method, and scope of such advertising can be altered at any time without prior notice to you.
3.7.Right to Remove. UGC (including any that may have been created by users employed or contracted by the Company) does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate UGC, including Your Content, from time to time at our sole discretion for any reason or no reason, and without notice to you. We may remove UGC if we deem necessary, including but not limited to if such UGC is inappropriate, raises a conflict of interest, is promotional, irrelevant, violates other user’s privacy or has been stolen from another party. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
4.Virtual Currency and Service Items
4.1.Virtual Currency and Services Items License. You acknowledge that the Services may include a component of virtual credits or currency (“Virtual Currency”), which is intended solely for acquiring and utilizing Service Items within the Services. Regardless of terminology, Virtual Currency and Service Organization essentially grants you a limited license, governed by these Terms and ineligible for exchange for real money or monetary value from us or any other party at any time. This license allows you to use the Virtual Currency and Service Items within the Services, including third-party platforms, but does not grant you any ownership, title, or additional rights. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SERVICE ITEMS HAVE NO CASH VALUE AND THAT NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SERVICE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SERVICE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
4.2.Virtual Currency and Service Items Fees. We reserve the right to impose fees for accessing or using Virtual Currency or Service Items, or may provide them for free, at our discretion. You understand and agree that we can revise, or take actions affecting the value or pricing of any Virtual Currency or Service Items at any time, unless otherwise agreed in writing. Virtual Currency and Service Items might have a specified expiration date, after which they cannot be used. You agree not to use such Virtual Currency or Service Items beyond their validity period. Virtual Currency and Service Items marked as “permanent”, “indefinite”, “unlimited”, or similar terms do not have an expiration date. However, they can be removed from your Account or forfeited if your Account is terminated, suspended, closed for any reason, or if we discontinue any or all Services.
4.3.Managing Your Virtual Currency and Service Items. All purchases of Virtual Currency and Service Items are final and under no circumstances will be refundable, transferable or exchangeable. When you buy Virtual Currency and Service Items, you agree to have them credited to your account immediately, which means you waive any right to cancel the purchase as allowed under applicable laws.
4.4.We reserve the full right to administer, adjust, regulate, alter, or remove Virtual Currency and/or Service Items at our sole discretion, without any liability to you or any third party. For instance, should your Account be terminated, suspended, or closed for any reason, or if we discontinue the Services in whole or part, including those offered through third-party platforms, any Virtual Currency and Service all Items accumulated may be forfeited or deleted.
We have the exclusive right to perform all calculations related to the balance of Virtual Currency and Service Items in your Account. We also hold the sole authority to decide how much Virtual Currency will be added or removed from your Account when using the Services. Although we aim to maintain consistency and reasonableness in our calculations, you accept that our calculations are definitive unless you present evidence proving intentional inaccuracies.
4.5.Transfers of Virtual Currency and Service Items; Unauthorized Transactions. Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Service Items or Accounts (“Unauthorized Transactions”) with anyone, including with other users of the Services, is not sanctioned by us and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify the Company against any and all consequences resulting from such actions. You acknowledge that the Company may stop, suspend, terminate, discontinue or reverse any Unauthorized Transactions when the Company suspects or has evidence of fraud, violations of these Terms, violations of any other applicable law or regulation or any intentional act designed to interfere at all with the normal operation of the Services. You further agree that the Company may, in the Company’s sole discretion, reverse any transaction if such reversal is in the Company’s best interest, or may debit your balance of Virtual Currency or Service Items, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. The Company may, in the Company’s sole discretion, terminate, suspend or modify your Account if you engage or assist in any Unauthorized Transactions. Verification of certain information applicable to a transaction involving Virtual Currency and/or Service Items may be required prior to our acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Service Items or other awards for participating in promotions, giveaways, contests or sweepstakes, you may be required to provide additional information about yourself in our marketing materials. You acknowledge and agree that the Company shall have no liability for the use or loss of such information, Virtual Currency and/or Service Items due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering and/or any other unauthorized third party or other user’s activity. The Company may replace such lost Virtual Currency and/or Service Items under certain circumstances, at the Company’s sole discretion on a case-by-case basis, without incurring any obligation or liability. You may be required to provide the Company or our designated representative with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Service Items. The Company may also provide you with the option of participating in third party offers to receive Virtual Currency and/or Service Items.
4.6.Purchasing Virtual Currency and/or Service Items. You can buy Virtual Currency and Service Items through our Services or other payment methods we list, like Apple Pay, Google Wallet, Alipay, and PayPal. We'll only give you what you paid for once your payment method is permitted by the payment provider. If you use another payment service, you have to follow their rules, which you can get from them. You might need to make an account with them and give them your bank or card info.
5.Restrictions
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
5.1.Improper Use of the Services. You agree not to, and will not assist, encourage, or enable others to use the Services to:
-Money launder, gamble, bet or do any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved;
-Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
-Solicit personal information from minors, or submit or transmit pornography;
-Upload any Content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
-Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
-Engage in, use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
-Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by the Company;
-Violate any applicable law; or
-Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or the search results of any third-party website.
5.2.Additional Restrictions. You also agree not to, and will not assist, encourage, or enable others to:
-Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services or any Services Content;
-Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Services or Services Content (other than Your Content), except as expressly authorized by us;
-Reverse engineer any portion of the Services;
-Reformat or frame any portion of the Services;
-Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Services, as determined by the Company in the Company’s sole discretion;
-Record, process or mine information about other users;
-Access the Services by means other than through the public interfaces we provide to you;
-Violate the Terms;
-Attempt to gain unauthorized access to the Services, user Accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
-Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
-Use any device, software or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services;
-Use the Services or any Services Content to transmit any computer viruses, worms, defects, Trojan horses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of the Services;
-Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or Services Content; or
-Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Services Content or features that enforce limitations on the use of the Services.
The above restrictions are to be followed to the full extent allowed by law. However, you agree to abide by these restrictions, even if the law provides for more leniency. Furthermore, the Company may decide what actions may violate the spirit or intent of the Terms and the Services it provides. If the Company determines that a violation has occurred, it reserves the right to terminate your Account and potentially ban you, either partially or completely, from using the Services.
6.Use and Transaction Policies
6.1.Use Charges. The Company shall have no liability to you for use charges related to any device or service that you use to access the Services, including, without limitation, use charges for mobile telephones, tablet devices, Internet service providers, car navigation systems and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
6.2.Equipment. You will provide at your own expense the equipment and internet connection required to access and use the Services.
6.3.Transaction Charges. The Company is not responsible or liable to you for any third-party payment processor credit card or bank-related charges and fees related to your transactions on the Services, on or through third party platforms or for your participation in any third party offers. All such transactions are administered by a third-party payment processor. We expressly disclaim any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third-party processor. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by the Company as described in our Privacy Policy and, as applicable, in the privacy policy of the third party payment processor(s) used by the Company on or through the Services or third party platforms, (b) that all credit card and other payment related information that you provide to the Company, the Company’s designated payment processor or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all taxes that we assess on your purchase(s).
6.4.Virtual Currency, Services Items and Children. Our Services are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. Although our Software Products are free to download, some in-Service products, functionality and actions are available only by purchasing Virtual Currency or other products with real money. If you are a parent, legal guardian or other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care. Parents, legal guardians and other adults who provide access to our Services to their children or children in their care should take precautions to prevent unintended purchases of Virtual Currency, Services Items and/or other in-Service products. We accept ABSOLUTELY NO RETURNS on any Virtual Currency and Services Items purchases, including those made by children (minors) in your care.
6.5.Purchase Errors. We assume no liability for purchase errors, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any unintended purchased item for any reason (“Purchaser Errors”). We shall not be liable for any errors on billing statements issued to you by your carrier or Software Products distributor. You accept full responsibility for confirming that your device, platform and carrier are supported and that the phone or other device and platform are compatible with the products or services purchased, downloaded or otherwise obtained by you through the Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your device or platform, we shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Services, please contact our customer support. We accept ABSOLUTELY NO RETURNS on any software downloads or any Virtual Currency or Services Items purchases. Please review your system requirements very carefully before making any purchases. You agree to be responsible for obtaining and maintaining all device hardware, software and other equipment needed for access to and use of the Services, and all charges related thereto.
7.Notice of Copyright Infringement
We take copyright owners' rights seriously and act on solid reports of copyright violations. Remember, we have a rule that can lead to the removal of users who keep breaking copyright laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
-Your address, telephone number and email address;
-A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
-A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
-A description of the copyrighted work you claim has been infringed; and
-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.
If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must include substantially the following:
-Your physical or electronic signature;
-Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
-A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
-Your name, address and telephone number, and a statement that you consent to the jurisdiction of in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
We may terminate your Account and ability to access our Services if you repeatedly infringe the intellectual property rights of others. Please note that any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
8.Suggestions and Improvements
When you send us ideas, suggestions, documents, or proposals ("Feedback"), you agree that : (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against the Company and our users any claims and assertions of any moral rights that you may have with respect to such Feedback.
9.Third Party Links and Materials
Our Services might have links to other websites or apps (each called a "Linked Third Party Site"). These sites are there as a favor from our vendors to you.
We don't control these sites or what they have, like information, products, or services, or how they use your data or personal information. We're not promising these sites are good, and we're not responsible for anything you might complain about with them. We also don't check how they handle privacy or business issues. If you choose to visit these sites, you shall bear the risk and responsibilities on your own. The Company reserves the right to terminate any link to any Linked Third Party Site at any time.
10.Indemnity
You agree to indemnify, defend and hold the Company, the Company’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.
11.Limitations of Liability and Disclaimers
PLEASE READ THIS SECTION 11 CAREFULLY SINCE THIS SECTION LIMITS THE LIABILITY OF THE COMPANY TO YOU.
EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION 11. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
11.1.NO WARRANTY OF THE SERVICES. THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” WITHOUT WARRANTY, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMPANY MIGHT NOT MONITOR, CONTROL OR VET UGC OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF THE SERVICES, THE SAFETY OR SECURITY OF THE SERVICES, OR THE SERVICES CONTENT. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY OR RELIABILITY OF THE SERVICES CONTENT.
11.2.CONFIDENTIALITY OR PRIVACY. THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SERVICES OR ANY LINKED THIRD PARTY WEBSITE. THE COMPANY WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION OR IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION OR ANY OTHER CONTENT STORED ON OUR EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SERVICES OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICES.
11.3.THIRD PARTY SERVICES. THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY SERVICES AVAILABLE THROUGH OUR SERVICES. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTY SERVICES, INCLUDING, FOR EXAMPLE, IF A THIRD PARTY SERVICE MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK.
11.4.DISCLAIMER OF WARRANTIES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF THE COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
12. General Prohibitions
WE DO NOT RECOMMEND USE OF THE SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS. YOU AGREE NOT TO USE OUR SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
13.Controlling Law and Jurisdiction
These Terms and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“ Hong Kong ”). If any dispute shall arise in connection with these Terms or Services, either party may initiate the dispute resolution procedures set forth in this Section by giving the other party written notice of such dispute (“ Dispute Notice ”). Following issuance of a Dispute Notice, the parties shall endeavor to resolve the dispute through negotiations conducted in good faith. All negotiations that take place in connection with the dispute shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings. If the dispute cannot be resolved through good faith negotiations within thirty (30) calendar days from the date upon which the Dispute Notice was issued, either party may submit the dispute to be finally resolved by arbitration under Hong Kong International Arbitration Center (the “ HKIAC ”) by written notice to the other party and to HKIAC. The number of arbitrators shall be one, the language to be used in the arbitration proceedings shall be English and the place of arbitration shall be Hong Kong. The arbitration shall be conducted in accordance with the HKIAC’s arbitration rules in effect at the time of applying for arbitration. Once a dispute is referred to arbitration, such dispute shall be finally and exclusively settled through binding arbitration unless the parties otherwise reach an agreement to resolve the dispute.
14.Location of Your Access to the Services
We operate the Services from our offices in Hong Kong. Access to the Services from any territory where the Content is illegal is prohibited. The display of the Services alone does not subject the Company to jurisdiction in your location.
15.Effects of Suspension, Termination of Account
15.1.Termination by You. You have the right to cancel your Account at any time. You may terminate these Terms at any time by closing your Account, discontinuing your use of the Services and deleting the Software Products from your device.
15.2.Termination by the Company. We can suspend, cancel, or end your account, halt access to Virtual Currency, limit the use of certain services, or ban you from all services for any reason, or no reason, without warning or liability. This might happen if we sincerely believe:
- You or someone related has done something not allowed in Section 5 (Restrictions) or has broken these Terms.
- Your account has been inactive for over 24 months.
If you break these Terms and we take back the permissions we gave you, you lose all benefits and privileges from the Services, including the right to use Virtual Currency and Service Items. We don't have to pay you back for any losses.
We also keep the right to stop any part of the Services, Virtual Currency, or Service Items at any time, without owing you anything. When we end access to these, your right to them also ends automatically. This could stop you from getting into your account or using the Services, your content, our content, or any related information.
15.3.Survival. Should these Terms be ended, by either you or the Company, the following sections will remain fully effective: Section 3 (Content), including but not limited to the Company’s right to use Your Content, Section 5 (Restrictions), Section 6 (Use and Transaction Policies), Section 9 (Third Party Links and Offerings), Section 10 (Indemnity), Section 11 (Disclaimers and Limitations of Liability), Section 13 (Governing Law and Dispute Resolutions), Section 15 (Suspension, Termination or Cancellation) and Section 16 (Miscellaneous).
16.Miscellaneous
16.1.Agreement Between You and the Company. These Terms represent the full understanding between you and the Company about using the Services, replacing any earlier agreements on this topic. Both sides agree that no promises were made, except what's clearly stated in these Terms.
16.2.Waiver. Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
16.3.Severance. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
16.4.Contact. If you wish to report a violation of these Terms, have any questions or need assistance, please contact our customer service at bd@higgsgames.com.