Terms of Service
Effective Date: 1 July, 2013
These terms of service (the "Terms of Service" or “Terms”) govern the relationship between you and Boyaa Interactive International Limited and its affiliates, including without limitation, Boyaa Online Game Development (Shenzhen) Co., Ltd. and Shenzhen Dong Fang BoYa Technology Co., Ltd. (collectively, "Boyaa" or "us" or "we") regarding your use of Boyaa’s casual online games and related services, which include game applications for mobile devices (collectively, “Game” or “Games”) and Boyaa branded websites (the "Service").
2. Accepting the Terms
You can see these Terms at any time by clicking the link inside the Game. We may update the Terms from time to time, and you 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 or any amended version of the Terms, then you should not use the Service.
If you violate the Terms, Boyaa has the right (1) to issue you a warning regarding the violation, or (2) immediately terminate or suspend any or all user accounts (“Accounts”) you have created using the Service. You agree that Boyaa need not provide you notice before terminating or suspending your Account(s), but it may do so.
Boyaa has the right (but not the obligation) to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
You represent that you are 13years old or older. If you are between the ages of 13and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
3. Limited License
Subject to your agreement and continuing compliance with these Terms, Boyaa grants you a non-exclusive, non-transferable, revocable limited license to use our Games (but not the related object and source code) for your own internal, non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
4. Virtual Items; Fees and Purchase Terms
The Service may include an opportunity to obtain virtual, in-game items, including tokens and other items (collectively, "Virtual Items") and/or other goods and services that may require you to pay a fee using "real money" to purchase. You may also obtain a license to use Virtual Items by redeeming Boyaa game cards or third party virtual currency. Virtual Items can never be redeemed for real-world money, properties or goods, or have any monetary value outside of the Service.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
Your purchase of Virtual Items is final and is not refundable, exchangeable, transferable, except in Boyaa's sole discretion. You may not purchase, sell, exchange or transfer any Virtual Items. Doing so is a violation of the Terms.
Boyaa retains the right to modify, manage, control and/or eliminate Virtual Items at its sole discretion. Prices and availability of Virtual Items are subject to change without notice.
You can license Virtual Items by visiting the purchase page in one of our games, providing your payment information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. Boyaa keeps records of transactions in order to deal with any subsequent queries. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Game, whether “earned” in a Game or “purchased” through Boyaa-authorized channels. Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items for real-world money, properties or goods, or exchange Virtual Items for value of any kind outside of a Game, without Boyaa’s prior written permission. Any such transfer or attempted transfer is prohibited and void.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when we make the Virtual Items available in your Account for you to use in the Games.
Your license to Virtual Items for use in the Games is a service provided by Boyaa that commences upon acceptance by Boyaa of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Boyaa will provide it to you promptly following completion of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT BOYAA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Your Account
You may need to create a user name or password to create an Account. You may not share your user name or password with others or allow others to use them, and you must provide complete and accurate information to us at all times during the registration process.
7. User Content
"User Content" means any communications, images, sounds, text, and all the material, data, and information that you upload or transmit in a Game, through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text.
You grant Boyaa a non-exclusive, paid-up, perpetual, irrevocable, sub licensable, assignable license to use, make derivative works of, copy, distribute, publish and publicly display, in whole or in part, User Content for all purposes. User Content is uploaded by you and is the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Boyaa is not responsible for any User Content. You agree that Boyaa 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.
Boyaa has the right (but not the obligation) to remove and permanently delete any User Content, in whole or in part, from the Service with or without notice.
8. Usage Rules
You agree that your use of the Service shall be lawful and that you will comply with these Terms. 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, privacy 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)
• engage in any sale, purchase, solicitation for sales or purchases, transfer or trading in any manner of any Virtual Items
• engage in any unlawful activities, including without limitation, gambling and any fraudulent activity
• attempt to obtain passwords or other private information from other users
• improperly use in-game customer service function to make false reports to Boyaa
• exploit, distribute or publicly inform other users 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
9. 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 owned or licensed by us and protected by law from unauthorized use. The entire contents of the Service are copyrighted under the China 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 Boyaa's express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post in accordance with the Terms in any Game or the Service. All other uses of copyrighted material, including any derivative use, require express prior written permission from Boyaa. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Boyaa and/or its affiliates or licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted in the Games or the Service by Boyaa. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Boyaa, or any derivative works thereof, other than as permitted in the Limited License in Section 3.
10. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, BOYAA MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR BOYAA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PASSWORD AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND BOYAA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
Boyaa has the right (but not the obligation) to stop offering and/or supporting the Service or a particular Game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Boyaa shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any User Content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions at Boyaa.com.
11. Linked Sites
12. Disclaimers of Warranties / Limitations / Waivers / Indemnification
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR OTHER HARMFUL CODE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE BOYAA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BOYAA ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BOYAA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU AGREE TO INDEMNIFY, SAVE, AND HOLD BOYAA, ITS AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS AND ITS THIRD-PARTY SUPPLIERS, LICENSORS, AND PARTNERS HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING LEGAL FEES AND EXPENSES, ARISING OUT OF YOUR USE OR MISUSE OF THE SERVICE, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN. BOYAA HAS THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY BOYAA, AND YOU AGREE TO COOPERATE WITH BOYAA’S DEFENSE OF THESE CLAIMS. BOYAA WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the service.
13. Maximum Liability
Without limiting clause 12, during any period of twelve months, our total liability to you under these Terms (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the amount that you have paid to use our Game in the 180 day period ending on the date of your claim.
14. Dispute Resolution
These Terms shall be governed by and interpreted in accordance with the laws of Hong Kong. Any legal action or proceeding arising under these Terms will be brought exclusively in the CIETAC locatedin Shenzhen China and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15. Legal Notices
If you have any questions or issues with respect to these Terms, please contact us .