TOPGAME Terms of Service
Accepting the Terms
These Terms of Service
("Terms") are a legal agreement between TOPGAME, LLC. ("TOPGAME" or
"we") and you ("you"). By using or accessing any TOPGAME game or
application ("Service") you agree to be bound by these Terms. By
accessing or using the Service, you agree that you have read,
understood, and accept to be bound by the Terms. TOPGAME reserves the
right, in its sole discretion, modify or revise these Terms at any
time, and you agree to be bound by such modifications or revisions. If
you do not agree to the Terms, do not use the Service. Users are responsible for periodically viewing the Terms. Your
continued use of the Service after a change or update has been made
will constitute your acceptance to the revised Terms. If you do not
agree to the Terms your only remedy is to discontinue your use of the
Service and cancel any accounts you have made using the Service.
If you violate the Terms, TOPGAME reserves the right to issue
you a warning regarding the violation or immediately terminate or
suspend any or all accounts you have created using the Service. You
agree that TOPGAME need not provide you notice before terminating or
suspending your account(s), but it may do so.
TOPGAME reserves the right to refuse any user access to the
Services without notice for any reason, including, but not limited to,
a violation of the Terms.
You agree that TOPGAME may discontinue the Service or change
the content of the Service at any time, for any reason, with or without
notice to you, without liability.
You represent that you are 13 years old or older. If you are
between the ages of 13 and 18, you represent that your legal guardian
has reviewed and agrees to the Terms.
Intellectual Property/Ownership
All
materials that are part of the Service (including, but not limited to,
designs, text, graphics, pictures, video, information, applications,
software, music, sound and other files, and their selection and
arrangement) are protected by law from unauthorized use. The entire
contents of the Service are copyrighted under the United States
copyright laws and/or similar laws of other jurisdictions. You agree that no materials that are part of the Service may be
modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part, or otherwise exploited
without TOPGAME's express prior written permission, except that the
foregoing does not apply to your own User Content (as defined below)
that you legally post on the Site. All other uses of copyrighted
material, including any derivative use, requires express prior written
permission from TOPGAME. Any reproduction or redistribution of
materials not in accordance with these Terms is expressly prohibited
and may result in severe civil and criminal penalties.
TOPGAME and/or its licensors remain the owners of right,
title, and interest, including copyrights and other intellectual
property rights, in and to all materials posted on the Services by
TOPGAME. You acknowledge that you do not acquire any ownership rights
by using the Service or by accessing any materials posted on the
Service by TOPGAME, or any derivative works thereof.
TOPGAME grants you a personal, non-exclusive,
non-transferable, revocable, limited scope license to use the Service
solely for the purpose of viewing and using the applicable Services and
for no other purpose whatsoever. Your license to use the Services is
limited by these Terms.
User Content
You agree that you are
willingly publishing the content on the Service using technology and
tools provided by TOPGAME. You understand and agree that you may not
distribute, sell, transfer or license this content and/or application
in any manner, in any country, or on any social network or other medium
without the explicit written permission of TOPGAME. You grant TOPGAME
the right to act as an agent on your behalf as operator of the
application. Any data, text, graphics, photographs and their selection and
arrangement, (hereinafter "User Content") uploaded to the Service are
subject, whether in whole or in part, to unlimited commercial,
non-commercial and/or promotional use by TOPGAME. Text, graphics, and
photographs are uploaded by you and are the sole responsibility of the
person from whom the User Content originated. Thus, users are
responsible, and TOPGAME is not responsible for any files users
upload, post, or otherwise make available. TOPGAME may or may not
regulate User Content and does not guarantee the accuracy, quality, or
integrity of any User Content posted via the TOPGAME application. By
using TOPGAME you acknowledge and accept that you may be exposed to
material you find offensive or objectionable. You agree that TOPGAME
will not under any circumstances be liable for any User Content,
including, but not limited to, errors in any User Content, or any loss
or damage incurred by use of the User Content.
TOPGAME reserves the right to remove and permanently delete any User Content from the Service with or without notice.
Virtual Currencies/Goods
The Service may
include an opportunity to purchase virtual, in-game currency ("Virtual
Currency") that may require you to pay a fee using "real money" to
obtain the Virtual Currency. Virtual Currency can never be redeemed for
real money, goods, or any other item of monetary value from TOPGAME or
any other party. You understand that you have no right or title in the
virtual in game items or Virtual Currency. Your purchase of Virtual Currency is final and is not refundable,
exchangeable, transferable, except in TOPGAME's sole discretion. You
may not purchase, sell, or exchange Virtual Currency outside the
Service. Doing so is a violation of the Terms and may result in
termination of your account with the Service and/or legal action.
TOPGAME retains the right to modify, manage, control and/or
eliminate Virtual Currency at its sole discretion. Prices and
availability of virtual in game goods are subject to change without
notice.
Rules of Conduct/Usage
The TOPGAME Service
may provide communication channels such as forums, communities, or chat
areas ("Communication Channels") designed to enable you to communicate
with other Service users. TOPGAME has no obligation to monitor these
communication channels but it may do so and reserves the right to
review materials posted to the Communication Channels and to remove any
materials, at any time, with or without notice for any reason, at its
sole discretion. TOPGAME may also terminate or suspend your access to
any Communication Channels at any time, without notice, for any reason.
You acknowledge that chats, postings, or materials posted by users on
the Communication Channels are neither endorsed nor controlled by
TOPGAME, and these communications should not be considered reviewed or
approved by TOPGAME. TOPGAME will not under any circumstances by
liable for any activity within Communication Channels. You agree that all your communications with the Communication
Channels are public, and thus you have no expectation of privacy
regarding your use of the Communication Channels. TOPGAME is not
responsible for information that you choose to share on the
Communication Channels, or for the actions of other users.
You agree that your use of the Service shall be lawful and
that you will comply with the usage rules. In furtherance of the
foregoing, and as an example and not as a limitation, you agree not to
use the Service in order to:
- post, upload, transmit or otherwise disseminate information that
is obscene, indecent, vulgar, pornographic, sexual or otherwise
objectionable
- defame, libel, ridicule, mock, stalk, threaten, harass,
intimidate or abuse anyone, hatefully, racially, ethnically or, in a
reasonable person's view, otherwise offensive or objectionable
- upload or transmit (or attempt to upload or transmit) files
that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files or data, or any other similar software or programs that
may damage the operation of the Service or other users' computers
- violate the contractual, personal, intellectual property or
other rights of any party including using, uploading, transmitting,
distributing, or otherwise making available any information made
available through the Service in any manner that infringes any
copyright, trademark, patent, trade secret, or other right of any party
(including rights of privacy or publicity)
- attempt to obtain passwords or other private information from other members
- improperly use support channels or complaint buttons to make false reports to TOPGAME
- develop, distribute, or publicly inform other members of
"auto" software programs, "macro" software programs or other "cheat
utility" software program or applications in violation of the
applicable License Agreements
- exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
- violate any applicable laws or regulations, or promote or
encourage any illegal activity including, but not limited to, hacking,
cracking or distribution of counterfeit software, or cheats or hacks
for the Service
Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To
the fullest extent permitted by law, TOPGAME, its officers, directors,
employees, and agents disclaim all warranties, express or implies, in
connection with the website and your use thereof including implied
warranties of title, merchantability, fitness for a particular purpose
or non-infringement, accuracy, authority, completeness, usefulness, and
timeliness. TOPGAME makes no warranties or representations about the
accuracy or completeness of the content of the Service of the content
of any sites linked to the Service and assumes no liability or
responsibility for any (i) errors, mistakes, or inaccuracies of
content, (ii) personal injury or property damage, of any nature
whatsoever, resulting from your access to and use of the Service, (iii)
any unauthorized access to or use of our secure servers and/or any and
all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from the
Service, (v) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the Service by any third party, and/or (vi)
any errors or omissions in any content or for any loss or damage of any
kind incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available via the Service. In no event will TOPGAME, its directors, officers, agents,
contractors, partners and employees, be liable to you or any third
person for any special, direct, indirect, incidental, special,
punitive, or consequential damages whatsoever including any lost
profits or lost data arising from your use of the Service or other
materials on, accessed through or downloaded from the Service, whether
based on warranty, contract, tort, or any other legal theory, and
whether or not TOPGAME has been advised of the possibility of these
damages. The foregoing limitation of liability shall apply to the
fullest extent permitted by law in the applicable jurisdiction. You
specifically acknowledge that TOPGAME shall not be liable for user
submissions or the defamatory, offensive, or illegal conduct of any
third party and that the risk of harm or damage from the foregoing
rests entirely with you.
You agree to indemnify and hold TOPGAME, and each of its
directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages,
costs and expenses, including reasonable attorney's fees, arising out
of or in connection with (i) your use of and access to the Service;
(ii) your violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without limitation any
copyright, property, or privacy right; (iv) any claim that one of your
User Submissions caused damage to a third party; or (v) any Content you
post or share on or through the Service.
General
By visiting or using the the
Service, you agree that the laws of The People's Republic of China,
without regard to principles of conflict of laws and regardless of your
location, will govern these Terms of Service and any dispute of any
sort that might arise between you and TOPGAME. Any claim or dispute
between you and TOPGAME that arises in whole or in part from your use
of the Service shall be decided exclusively by a court of competent
jurisdiction located in United States, and you hereby
consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to venue and jurisdiction in United States.
TOPGAME reserves the right to amend these Terms of Service at any time
and without notice, and it is your responsibility to review these Terms
of Service for any changes. Your use of TOPGAME following any
amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND TOPGAME AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE
OF ACTION IS PERMANENTLY BARRED.