Effective Date: September 6, 2018
The terms of this agreement ("Terms of Service") govern the relationship between you
N2-404, No.18 Hai Tai Xi Lu, Hua Yuan Industrial Park, Tianjin, China (hereinafter
"Agame" or "Us" or "We") regarding your use of Agame's games, websites and
related services (the "Service"). Use of the Service is also governed by Agame's
Before accessing or using the Service, including browsing any Agame website or
You may also be required to register an account on the Service (an "Account"). By
registering for an Account or otherwise using the Service, you represent that you are
age 13 or older. If you are between the ages of 13 and 17, you represent that your
legal guardian has reviewed and agreed to these Terms. If you access the Service
from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall
comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU
AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE
TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS
THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Agame reserves the right, at its discretion, to change, modify, add or remove portions
time by posting the amended terms on the Agame Service. You will be deemed to
have accepted such changes by continuing to use the Service. If at any point you do
not agree to any portion of the then-current version of our Terms of Service, the
to your use of the Service, your license to use the Service shall immediately terminate,
and you must immediately stop using the Service.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service
and any other relevant Agame policies, Agame grants you a non-exclusive,
non-transferable, non-sublicensable, revocable and limited license to access and use
the Service for your own non-commercial entertainment purposes. You agree not to
use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not (or attempt to) purchase, sell, rent or give away your Account, create
an Account using a false identity or information, or on behalf of someone other
than yourself; You shall not use the Service if you have previously been removed
by Agame, or previously been banned from playing any Agame game.
You shall use your Account only for non-commercial purposes; You shall not use
the Service to advertise, or solicit, or transmit any commercial advertisements,
including chain letters, junk or spam e-mail or repetitive or misleading messages
Login information and Your Account
You may be required to select a password for your Account or you may also use other
credentials to access the Account ("Login Information"). You shall not share the
Account or the Login Information, nor let anyone else access your Account or do
anything else that might jeopardize the security of your Account. In the event you
become aware of or reasonably suspect any breach of security, including without
limitation any loss, theft, or unauthorized disclosure of the Login Information, you must
immediately notify Agame and modify your Login Information. You are solely
responsible for maintaining the confidentiality of the Login Information, and you will be
responsible for all uses of the Login Information, including purchases, whether or not
authorized by you. You are responsible for anything that happens through your
Agame reserves the right to remove or reclaim any usernames at any time and for
any reason, including but not limited to claims by a third party that a username
violates the third party's rights.
The Service supports only one Account per game on a supported device.
Any use of the Service in violation of these License Limitations is strictly prohibited,
can result in the immediate revocation of your limited license and may subject you to
liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Agame deems to be in conflict with the spirit or intent of
the Service or make improper use of Agame's support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation
software, bots, hacks, mods or any unauthorized third-party software designed to
modify or interfere with the Service, any Agame game or any Agame game
Modify or cause to be modified any files that are a part of the Service or any
Agame game without Agame's express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service
or otherwise act in a manner that may negatively affect other users' experience
when using the Service or playing Agame's games. This includes win trading and
any other kind of manipulation of rankings, taking advantage of errors in the
Service to gain an unfair edge over other players and any other act that
intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any
computer or server ("Server") used to offer or support the Service or any Agame
Institute, assist, or become involved in any type of attack, including without
limitation distribution of a virus, denial of service attacks upon the Service, or other
attempts to disrupt the Service or any other person's use or enjoyment of the
Attempt to gain unauthorized access to the Service, Accounts registered to others
or to the computers, Servers, or networks connected to the Service by any means
other than the user interface provided by Agame, including but not limited to, by
circumventing or modifying, attempting to circumvent or modify, or encouraging or
assisting any other person to circumvent or modify, any security, technology,
device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous,
or racially, sexually, religiously, or otherwise objectionable or offensive or engage
in ongoing toxic behavior, such as by repeatedly posting information on an
Post any information that contains nudity, excessive violence, or offensive subject
matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or
harm of another person, group, including Agame employees, including Agame's
customer service representatives.
Make available through the Service any material or information that infringes any
copyright, trademark, patent, trade secret, right of privacy, right of publicity, or
other right of any person or entity or impersonates any other person, including
without limitation a Agame employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for any underlying software or other intellectual property
used to provide the Service or any Agame game, or to obtain any information
from the Service or any Agame game using any method not expressly permitted
Solicit or attempt to solicit Login Information or any other login credentials or
personal information from other users of the Service or any Agame game.
Collect or post anyone's private information, including personally identifiable
information (whether in text, image or video form), identification documents, or
financial information through the Service.
Agame reserves the right to determine what conduct it considers to be in violation of
the rules of use or otherwise outside the intent or spirit of these Terms of Service or
the Service itself. Agame reserves the right to take action as a result, which may
include terminating your Account and prohibiting you from using the Service in whole
or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Agame MAY LIMIT, SUSPEND,
TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE
OR PORTIONS THEREOF IF YOU ARE, OR Agame SUSPECTS THAT YOU ARE,
FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE 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
PERSONA IN THE SERVICE 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
Agame IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH
LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR
TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF,
PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT,
SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE
TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE
SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE
LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF
THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT
OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE
CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE
ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS.
Agame RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS
BEEN INACTIVE FOR 180 DAYS.
Agame reserves the right to stop offering and/or supporting the Service or a particular
game or part of the Service at any time, at which point your license to use the Service
or a part thereof will be automatically terminated. In such event, Agame shall not be
required to provide refunds, benefits or other compensation to users in connection
with such discontinued Service
. Termination of your Account can include disabling your access to the Service or any
part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by informing Agame
that you wish to terminate your Account.
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any
games, titles, computer code, themes, objects, characters, character names, stories,
dialogue, catch phrases, concepts, artwork, animations, sounds, musical
compositions, audio-visual effects, methods of operation, moral rights, documentation,
in-game chat transcripts, character profile information, recordings of games played
using a Agame game client, and the Agame game clients and server software) are
owned by Agame. Agame reserves all rights, including without limitation, all
intellectual property rights or other proprietary rights, in connection with its games and
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU
ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR
OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER
ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT
ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF
2.3. Virtual Items
Agame owns, has licensed, or otherwise has rights to use all of the content that
appears in the Service or in Agame games. 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 goods or currency
appearing or originating in any Agame game, whether earned in a game or
purchased from Agame, or any other attributes associated with an Account or stored
on the Service.
3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material,
data, and information that you upload or transmit through a Agame game client or the
Service, or that other users upload or transmit, including without limitation any chat
text. By transmitting or submitting any User Content while using the Service, you
affirm, represent and warrant that such transmission or submission is (a) accurate and
not confidential or misleading; (b) not in violation of any laws, contractual restrictions
or other third party rights, and that you have permission from any third party whose
personal information or intellectual property is comprised in the User Content; (c) free
of viruses, adware, spyware, worms or other malicious code; and (d) you
acknowledge and agree that any of your personal information within such content will
3.1.1. Content Screening
Agame assumes no responsibility for the conduct of any user submitting any User
Content, and assumes no responsibility for monitoring the Service for inappropriate
content or conduct. We do not, and cannot, pre-screen or monitor all User Content.
Your use of the Service is at your own risk. By using the Service, you may be exposed
to User Content that is offensive, indecent or otherwise not in line with your
expectations. You bear all risks associated with the use of any User Content available
in connection with the Service. At our discretion, our representatives or
technology may monitor and/or record your interaction with the Service or
communications (including without limitation chat text) when you are using the
By entering into these Terms of Service, you hereby provide your irrevocable consent
to such monitoring and recording. You acknowledge and agree that you have no
expectation of privacy concerning the transmission of any User Content, including
without limitation chat text or voice communications.
Agame reserves the right in its sole discretion to review, monitor, prohibit, edit, delete,
disable access to or otherwise make unavailable any User Content (including without
limitation your User Content) without notice for any reason or for no reason at any
time. If at any time Agame chooses, in its sole discretion, to monitor the Service,
Agame nonetheless assumes no responsibility for User Content and assumes no
obligation to modify or remove any inappropriate User Content. We have the right, but
not the obligation, in our sole discretion to edit, refuse to post, or remove any User
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post
User Content, including your observations and comments on designated topics.
Agame cannot guarantee that other members will not use the ideas and information
that you share. Therefore, if you have an idea or information that you would like to
keep confidential and/or don't want others to use, do not post it on the Service.
Agame shall have no responsibility to evaluate, use or compensate you for any ideas
or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in
connection with the Service and that you provide to others. Agame may reject, refuse
to post or delete any User Content for any or no reason, including, but not limited to,
User Content that in the sole judgment of Agame violates these Terms of Service.
3.2.3. Your License to Agame
You hereby grant to Agame an irrevocable, perpetual, transferable, fully paid-up,
royalty-free, worldwide license (including the right to sublicense and assign to third
party) and right to copy, reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer,
lease, transmit, publicly display, publicly perform, or provide access to electronically,
broadcast, communicate to the public by telecommunication, display, perform, enter
into computer memory, and use and practice, in any way, your User Content as well
as all modified and derivative works thereof in connection with our provision of the
Service, including marketing and promotions of the Service. You also hereby grant to
Agame the right to authorize others to exercise any of the rights granted to Agame
under these Terms of Service. You further hereby grant to Agame the unconditional,
irrevocable right to use and exploit your name, likeness and any other information or
material included in any User Content and in connection with any User Content,
without any obligation to you. Except as prohibited by law, you waive any rights of
attribution and/or any moral rights you may have in your User Content, regardless of
whether your User Content is altered or changed in any manner. Agame does not
claim any ownership rights in your User Content and nothing in these Terms of
Service is intended to restrict any rights that you may have to use and exploit your
User Content. Agame has no obligation to monitor or enforce your intellectual
property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and
any other parties with whom you interact through the Service and/or Agame games.
Agame reserves the right, but has no obligation, to become involved in any way with
these disputes. You will fully cooperate with Agame to investigate any suspected
unlawful, fraudulent or improper activity, including, without limitation, granting Agame
access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
In the Service you may purchase, with "real world" money, a limited, personal,
non-transferable, non-sublicensable, revocable license to use (a) "virtual currency",
including but not limited to virtual cash or diamonds, all for use in Agame games; (b)
"virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other
goods or services ("Merchandise"). You are only allowed to purchase Virtual Items
from us or our authorised partners through the Service, and not in any other way.
Agame may manage, regulate, control, modify or eliminate Virtual Items and/or
Merchandise at any time, with or without notice. Agame shall have no liability to you
or any third party in the event that Agame exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly
authorized in the Service. Other than as expressly authorized in the Service, you shall
not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any
person or entity or attempt any of the aforesaid, including but not limited to Agame,
another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH
THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Agame games is a service provided by
Agame that commences immediately upon acceptance by Agame of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an
Account registered to you. Agame may revise the pricing for the goods and services
offered through the Service at any time. YOU ACKNOWLEDGE THAT Agame 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. Updates to the Service
You understand that the Service is an evolving one. Agame may require that you
accept updates to the Service and to Agame's games you have installed on your
device or computer. You acknowledge and agree that Agame may update the
Service and Agame games, with or without notifying you. You may need to update
third party software from time to time in order to receive the Service and play Agame
6. Disclaimer of Warranties
WITHOUT LIMITING Agame'S LIABILITY UNDER SECTION 7 BELOW, THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR
USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Agame
DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE
SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL
BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some
of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Agame SHALL NOT BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES
ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE
TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
Agame HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO
THE EXTENT NOT PROHIBITED BY LAW, Agame SHALL NOT BE LIABLE TO
YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Agame IN
ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING
TO Agame DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND
Agame'S EXCLUSIVE LIABILITY) FOR ANY WITH Agame IS TO
STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY
RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY
RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF
Agame OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY
NEGLIGENCE OR FRAUD OF Agame.
You agree to indemnify, defend and hold Agame (and our officers, directors, agents,
subsidiaries, joint ventures and employees) harmless from any claim, demand,
damages or other losses, including reasonable attorneys' fees, asserted by any
third-party resulting from or arising out of your use of the Service, or any breach by
you of these Terms of Service, however the foregoing does not apply if the
infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution and Law
If a dispute arises between you and Agame, we strongly encourage you to first
contact us directly to seek a resolution by messaging us at email@example.com If you
are a resident of the United States, these Terms of Service and any dispute arising
by California law, without regard to conflict of law provisions. You agree that any claim
or dispute you may have against Agame must be resolved exclusively by a court
located in San Francisco, California. If you are a resident outside of the United States,
you agree that all disputes between you and Agame shall be governed by the laws of
Finland, without regard to conflict of law provisions. You agree that any claim or
dispute you may have against Agame must be resolved exclusively by a court
located in Tianjin, China.
You and Agame agree that if any portion of these Terms of Service or of the Agame
competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective
solely to the extent of such determination of invalidity or unenforceability without
affecting the validity or enforceability thereof in any other manner or jurisdiction and
without affecting the remaining provisions of the terms, which shall continue to be in
full force and effect.
10. General Provisions
Agame may assign or delegate these Terms of Service and/or the Agame Privacy
Policy, in whole or in part, to any person or entity at any time with or without your
consent. You may not assign or delegate any rights or obligations under the Terms of
unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Agame may publish additional policies related to specific services such as forums,
contests or loyalty programs. Your right to use such services is subject to those
specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly
entire understanding of you and Agame, and supersede all prior understandings of
the parties hereto relating to the subject matter hereof, whether electronic, oral or
written, or whether established by custom, practice, policy or precedent, between you
and us with respect to the Service.
10.4. No Waiver
The failure of Agame to require or enforce strict performance by you of any provision
under them shall not be construed as a waiver or relinquishment of Agame's right to
assert or rely upon any such provision or right in that or any other instance.
The express waiver by Agame of any provision, condition, or requirement of these
future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no
representations, statements, consents, waivers, or other acts or omissions by Agame
shall be deemed a modification of these Terms of Service nor legally binding, unless
documented in physical writing, hand signed by You and a duly appointed officer of
We may notify you via e-mail or any other communications means to contact
information you provide to us. All notices given by you or required from you under
addressed to: Agame N2-404, No.18 Hai Tai Xi Lu, Hua Yuan Industrial Park, Tianjin,
China. Any notices that you provide without compliance with this Section on Notices
shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of
Service to Agame are of a unique and irreplaceable nature, the loss of which shall
irreparably harm Agame and which cannot be replaced by monetary damages alone
so that Agame shall be entitled to injunctive or other equitable relief (without the
obligations of posting any bond or surety or proof of damages) in the event of any
breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin
or restrain the operation of the Service or any Agame game, exploitation of any
advertising or other materials issued in connection therewith, or exploitation of the
Service or any content or other material used or displayed through the Service and
agree to limit your claims to claims for monetary damages, limited by Section 7 (if
10.7. Force Majeure
Agame shall not be liable for any delay or failure to perform resulting from causes
outside the reasonable control of Agame, including without limitation any failure to
perform hereunder due to unforeseen circumstances or cause beyond Agame's
control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military
authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials.