This Terms of Services ("Terms") are entered into by users and SUGARFUN GAME LIMITED（a company established under the laws of Hong Kong Special Administrative Region of the People΄s Republic of China with offices at [RM 705-706, 7/F CHINA INSURANCE GROUP BLDG NO 141, DES VOEUX RD CENTRAL, CENTRAL, HONG KONG]） and its affiliates ("SUGARFUN ", "we", "us", or "our") regarding the terms and conditions of use of services provided by SUGARFUN .
The services we provided to our users including:
1) The platforms on which SUGARFUN provide online game products and services and administrate users' use of such products and services, including but not limited to the paid or free online games and related services that is operated or tested by SUGARFUN, and the systems for registration, running, charging and administration of such games and services (collectively as " SUGARFUN Platforms")
2) The online interactive games developed or distributed by SUGARFUN and provided to users by SUGARFUN, which are operated by connecting the electronic devices such as computers to servers, including but not limited to computer programs on PCs, and texts, pictures, videos, and manuals contained in the games, and specifications, commercial marks, and any works related to such online games (collectively as " SUGARFUN Games")
The SUGARFUN Platforms and SUGARFUN Games are collectively referred to as our "Services".
Please read these Terms carefully because they govern your access to and use of our Services, SUGARFUN Content, and User Content (defined below) and are legally binding.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "AGREE" BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS OTHER SERVICE SPECIFIC RULES, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER (DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR SUGARFUN CONTENT.
I. Eligibility and Registration
In order to access the full feature set of our Services, and to post any User Content on or through our Services, you must register to create a SUGARFUN account ("SUGARFUN Account") ("SUGARFUN Account").
1. You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you represent that your legal guardian has read, understood, and agreed to these Terms. In registering for a SUGARFUN Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
You may not register to create a SUGARFUN Account, and you cannot hold a SUGARFUN Account, if you are below the age of [14]. In registering for a SUGARFUN Account, you agree to prevent access to anyone under [14]. Since our Services are not intended for children under the age of [14], access to our Services is not knowingly granted to persons under [14].
2. During the registration process, you will be required to provide certain information, including your email address, and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SUGARFUN reserves the right to suspend or terminate your SUGARFUN Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, or reasonably believed to be inaccurate, not current or incomplete by SUGARFUN.
3. You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your SUGARFUN Account, and you agree to take sole responsibility for any activities or actions under your SUGARFUN Account, whether you have authorized such activities or actions or not. You will immediately notify SUGARFUN of any unauthorized use of your SUGARFUN Account.
4. SUGARFUN may provide users with paid or free technical tools for safeguarding the account ID and password of SUGARFUN Account. Users hereby understand and agree that such tools can only improve the security of SUGARFUN Account to a certain extent but SUGARFUN does not guarantee the absolute safety of account ID or password of SUGARFUN Account and shall be irresponsible for the security of SUGARFUN Account.
5. If the name of a user's SUGARFUN Account, character or group as selected by the user is identical to or confusingly similar to names of other users, or contains inappropriate terms, SUGARFUN shall have the right to require the user to change such name. If the user refuses to change, SUGARFUN shall have the right to add distinctive marks to the name to ensure the operation of SUGARFUN Platforms or SUGARFUN Games.
6. EVEN THOUGH WE USE THE WORD "YOUR" TO DESCRIBE AN SUGARFUN ACCOUNT YOU REGISTERED FOR, YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SUGARFUN ACCOUNT AT ALL, AND YOU FURTHER AGREE THAT ALL RIGHTS IN AND TO THE SUGARFUN ACCOUNT ARE AND ALWAYS WILL BE OWNED BY AND INURE TO THE BENEFIT OF SUGARFUN.
II. Contents
Certain types of content are made available on or through our Services:
1. User Content means text, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a user on or through our Services, excluding any Customizations.
2. SUGARFUN Content means computer programs, text, data, graphics, images, videos, illustrations, forms, documents, marketing materials, look and feel attributes, SUGARFUN or our licensors' trademarks and logos, and other content made available by SUGARFUN on or through our Services, including any Customizations but excluding User Content.
3. Customizations means the 1) modifications, designs, or enhancements to SUGARFUN Content as a result of a user's customization of a SUGARFUN character using one of SUGARFUN's interactive templates or design tools; and 2) data or information regarding SUGARFUN Accounts, characters, virtual goods, points, etc. generated through a user's use of our Services and stored at SUGARFUN Platforms. For the avoidance of doubt, Customizations do not include User Content.
III. Ownership
1. Our Services and SUGARFUN Content are protected by copyright, trademark, and other applicable laws. Except as expressly provided in these Terms, SUGARFUN and our licensors exclusively own all right, title and interest in and to the Services and SUGARFUN Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights ("Intellectual Property Rights").
2. You may not use the Services or the Intellectual Property Rights comprised in the Services in a manner that constitutes an infringement of our or our licensors' rights. You shall not create, modify, adapt, reverse engineer, recompile, reproduce, publish or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Services, or otherwise use the Services.
3. Without prejudice to the generality of the foregoing, you shall not sublicense, rent, lease, loan, sell, auction, trade or otherwise transfer the Services for profit.
IV. License
Subject to your compliance with these Terms, SUGARFUN hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any SUGARFUN Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or SUGARFUN Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by SUGARFUN or its licensors, except for the licenses and rights expressly granted by these Terms.
V. User Content
1. By making available any User Content on or through our Services, you hereby grant to SUGARFUN a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services.
2. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that:
1) You either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents, and releases that are necessary to grant to SUGARFUN the rights in such User Content as contemplated under these Terms; and
2) Neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or SUGARFUN's use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate, or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
VI. Privacy
1. The personal information you provide us during registration is used for our internal purposes only. We use the information we have collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by the Terms or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
2. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as we, in our sole discretion, believe necessary or appropriate for provision of the Services, to investigate or resolve possible problems or inquiries, for any legal process, for compliance with any laws or regulations, to enforce the terms of the Terms or in our good faith belief that it would aid in protecting the rights, property or safety of any party, including us.
3. Your Account ID, profile picture, character name, and other details relating to your character in Services may be publicly available and disclosed in any event.
4. Please also see our Privacy Policy. Your information and data collected about or from you are subject to our Privacy Policy, the terms of which are incorporated herein. You should review our Privacy Policy to better understand how we collect and use data about you.
VII. Payment
1. Users understand that the Services provided by SUGARFUN include both free and paid Services. A user selecting paid Services shall pay fees in the amount and according to the charging policies as specified by SUGARFUN for the selected Services.
2. The payment for paid Services can be paid pre-use or after-use. Under the after-use payment policy, if a user uses the Services but does not pay the fees as specified, SUGARFUN shall have the right to terminate provision of any Services to the user and reserves the right to seek full payment in default.
3. You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms.
4. If you order paid Services from SUGARFUN that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction. You understand and agree that SUGARFUN provides no refunds for any purchases except only as expressly stated in these Terms.
5. SUGARFUN reserves the right to stipulate and amend the charging policies for the Services from time to time.
VIII. Virtual Items and Virtual Currency
1. SUGARFUN owns, has licensed, or otherwise has the rights to use all SUGARFUN Content appearing or originating in the Services, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency").
2. Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in SUGARFUN Platforms or SUGARFUN Games. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in SUGARFUN Platforms or SUGARFUN Games by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
3. You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where allowed you can exchange, within the Services, SUGARFUN Platforms and SUGARFUN Games, those Virtual Items and Virtual Currency that cannot be purchased with "real world" money ("Tradable Items") for other Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other purported or attempted exchange is strictly prohibited.
4. Virtual Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares, merchandise, services, or anything of monetary value from SUGARFUN or any other person.
IX. General Prohibitions
You agree not to do any of the following while using our Services, SUGARFUN Content, or User Content:
1. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
infringes, misappropriates or violates a third party's Intellectual Property Rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
2. Use, display, mirror, frame or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, SUGARFUN's name, any SUGARFUN or SUGARFUN licensor's trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without SUGARFUN's express written consent.
3. Access, tamper with, or use non-public areas of our Services, SUGARFUN's computer systems, or the technical delivery systems of SUGARFUN's providers.
4. Attempt to probe, scan, or test the vulnerability of any SUGARFUN system or network or breach any security or authentication measures.
5. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SUGARFUN or any of SUGARFUN's providers or any other third party (including another SUGARFUN user) to protect our Services or SUGARFUN Content.
6. Use any third party software to log-in or use the Services.
7. Provide online services that with the identical or similar contents as the Services with tools such as private servers, emulation servers, etc.
8. Alter or generate game props or other materials in the Services with plug-in software.
9. Over-burden SUGARFUN servers by any hacking activities.
10. Utilize bugs or loopholes in SUGARFUN Platforms and SUGARFUN Games to increase your points, Virtue Currency, Virtue Goods, levels or obtain other benefits for your and other users' SUGARFUN Account.
11. Attempt to access or search our Services or SUGARFUN Content, or download SUGARFUN Content from our Services, using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SUGARFUN or other generally available third-party web browsers.
12. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
13. Use any meta tags or other hidden text or metadata utilizing a SUGARFUN or SUGARFUN licensor's trademark, logo URL or product name without SUGARFUN's express written consent.
14. Use our Services or SUGARFUN Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
15. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way our Services or SUGARFUN Content to send altered, deceptive, or false source-identifying information.
16. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide our Services or SUGARFUN Content.
17. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Services.
18. Collect or store any personally identifiable information from our Services, or from other users of our Services, without their express permission.
19. Impersonate or misrepresent your affiliation with any person or entity.
20. Violate any applicable law or regulation.
21. Encourage or enable any other individual to do any of the foregoing.
22. Bully, harass or intimidate any user of the Services.
23. Solicit user login credentials from another user or collect User Content or otherwise access the Services by automated means including but not limited to, bots, robots, spiders.
24. Create a SUGARFUN Account for anyone other than yourself.
25. Use your user profile for personal commercial gain.
26. Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other user, or modify or interfere with the Service.
27. Abuse or exploit a bug, glitch or mechanism in the Service.
28. Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation.
29. Account sharing, including but not limited to the sharing of username and password for others to login for you.
X. Termination, Suspension or Changing of SUGARFUN Accounts or Services
1. Without limiting other remedies, SUGARFUN may at any time suspend or terminate your SUGARFUN Account and refuse to provide access to our Services or parts of our Services if SUGARFUN suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or rules established by SUGARFUN; (ii) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, SUGARFUN users, SUGARFUN or any other third parties or our Services; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, SUGARFUN may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.
2. To guarantee the quality of our Services and prevent wasting of space of SUGARFUN servers, users shall ensure frequent log-in or use of Services. If a user does not log in or use SUGARFUN Games for consecutive 180 days, SUGARFUN shall have the right to take measures to the user's SUGARFUN account, including but not limited to deleting all records of the user stored in SUGARFUN Platforms or SUGARFUN's databases (such as characters, game props, points, etc.), suspending or terminating the SUGARFUN Account.
3. SUGARFUN shall have the right to temporally close SUGARFUN Platforms or SUGARFUN Games or stop providing Services, regularly or from time to time, to maintain or upgrade the SUGARFUN Platforms or SUGARFUN Games, or to resolve any technical problems that may occur in the operation of SUGARFUN Platforms or SUGARFUN Games which may be caused by third parties or force majeure. SUGARFUN will try its best to resume operation of SUGARFUN Platforms or SUGARFUN Games in the timely manner. The users promise to not pursue SUGARFUN's liabilities arising out of such suspension.
4. SUGARFUN shall have the right to close SUGARFUN Platforms or SUGARFUN Games, or stop providing or change Services:
1) As required the application laws and regulations, or orders by the governmental agencies; or
2) For any other reasons in relation to SUGARFUN's business development.
SUGARFUN shall provide solutions after SUGARFUN Platforms, SUGARFUN Games or Services are closed or changed for the above reasons, and the users agree to cooperate with SUGARFUN to solve the relevant problems.
5. SUGARFUN shall have the right to combine or split up servers for SUGARFUN Platforms and SUGARFUN Games, or adjust the servers in other means that SUGARFUN finds necessary.
6. SUGARFUN can restore the data in servers back to a certain time if any irregularity happens to the servers. SUGARFUN may compensate the user's loss due to loss of any data due to such reason at its sole discretion.
7. Except for expressly provided by other clauses of these Terms, SUGARFUN shall not be responsible to the user or any third party for any loss of the user due to termination, suspension or changing of SUGARFUN Accounts or Services under Article X of these Terms.
8. If users want to terminate the service of SUGARFUN game, you can refer to the process and agreement in the game account cancellation agreement of SUGARFUN game to cancel the game account.
XI. Effect of Termination of SUGARFUN Accounts
1. Upon termination of your SUGARFUN Account for any reason by you or us, you will lose all access to such account. Terminated SUGARFUN Accounts cannot be reinstated; any SUGARFUN Account that may be registered by you after termination of a SUGARFUN Account is a unique account.
2. If your SUGARFUN Account is terminated for any reason by you or us, you understand and agree that any Virtual Items or Virtual Items to which you had access via your SUGARFUN Account at the time of termination will be lost and no longer be available to you, and you will have no right to them.
3. YOU AGREE THAT SUGARFUN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY OR ANY OTHER PAID SERVICES IN A TERMINATED SUGARFUN ACOUNT.
4. After any termination, you understand and acknowledge that we will have no further obligation to provide our Services, and all licenses and other rights granted to you by these Terms will immediately cease. UPON ANY TERMINATION OR SUSPENSION OF YOUR SUGARFUN ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR SUGARFUN ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, SUGARFUN will have no obligation to maintain any information stored in our database related to your SUGARFUN Account or to forward any information to you or any third party.
5. Any suspension, termination or cancellation will not affect your obligations to SUGARFUN under these Terms (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
XII. Trial Servers or Preview Servers
"Trial Servers" refer to the servers for providing online games or services to users in the trial phase (including closed trial, internal trial or public trial). "Preview Servers" refer to the servers for testing the stability of the latest versions of the games, functions, designs, or other contents for SUGARFUN Games.
Users agree that by logging in the Trial Servers or Preview Servers, Users have accepted games or services provided by Trial Servers or Preview Servers and have agreed to the following conditions:
1) The games or services provided by Trial Servers or Preview Servers are not official versions, which may be different from the officially released Services. And SUGARFUN has the right to not provide the versions that are same as Services in Trial Servers or Preview Servers.
2) SUGARFUN shall not be responsible to the user for any irregularity or loss of data caused by Trial Servers or Preview Servers.
3) SUGARFUN is not obligated to store any information, materials or data on Trial Servers or Preview Servers, including but not limited to character, points, items, etc., and can delete or reasonably use all or part of such information, materials, or data.
XIII. Third Party Links and Materials
Our Services may contain links to third-party websites or resources. You acknowledge and agree that SUGARFUN is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SUGARFUN of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you elect to use our Services on mobile carrier networks, such carrier's normal billing rates will apply.
XIV. Disclaimer
1. OUR SERVICES, SUGARFUN CONTENT, AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SUGARFUN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
2. SUGARFUN MAKES NO WARRANTY THAT OUR SERVICES, SUGARFUN CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SUGARFUN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SUGARFUN OR THROUGH OUR SERVICES, SUGARFUN CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
XV. Indemnity
You agree to defend, indemnify, and hold SUGARFUN, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to SUGARFUN, your access to our Services or SUGARFUN Content, or your violation of these Terms.
XVI. Limitation of Liability
1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, SUGARFUN CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER SUGARFUN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR SUGARFUN CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUGARFUN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. YOU SPECIFICALLY ACKNOWLEDGE THAT SUGARFUN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SUGARFUN WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR THROUGH OUR SERVICES.
3. IN NO EVENT WILL SUGARFUN'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE IMPROPER USE OF OR INABILITY TO USE OUR SERVICES OR SUGARFUN CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED THE AMOUNT OF EFFECTIVE PAYMENT BY THE USER AS RECORDED BY SUGARFUN PLATFORM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUGARFUN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
XVII. Amendment
We may amend (such as update, modify or correct) these Terms (including any additional terms and conditions applicable to any specific Services) at any time in our sole discretion by posting the amended Terms at SUGARFUN's official website, within the Services or other places SUGARFUN finds appropriate. Amendments to the Terms will be effective upon the posting of such amendments. You agree to check the notices on SUGARFUN's official website, SUGARFUN Platforms or SUGARFUN Games to learn about such amendments before use our Services. Your use of Services after the amended Terms comes into effect constitutes your agreement to the amended Terms. If you do not agree to the amended Terms, immediately stop accessing the Services. SUGARFUN shall not be responsible to you for any loss caused by your unfamiliarity with the amendments posted in SUGARFUN's above notices.
XVIII. Controlling Law and Jurisdiction
resolution of this Agreement shall be governed and construed in accordance with the laws of Hong Kong Special Administrative Region of the People΄s Republic of China, without giving effect to principles of conflicts of laws.
the parties; if the negotiation fails, you agree to submit the dispute to Courts in Hong Kong Special Administrative Region of the People΄s Republic of China.
XIX. Notice
1. SUGARFUN can send notices to users via emails or by notices on SUGARFUN's official website or within the Services. Any such notice will be deemed as received upon being sent or posted.
2. You can send notices to SUGARFUN via emails. Any such notice will be deemed as received upon being sent or posted.
XX. Force Majeure
No failure or omission by the parties in the performance of any obligation of this Agreement will be deemed a breach of this Agreement or create any liability if the same will arise from any force majeure circumstances. The affected party shall notify the other party of such force majeure circumstances as soon as reasonably practical, and shall promptly undertake all reasonable efforts necessary to cure such force majeure circumstances.
Otherwise, the affected party shall be responsible for any loss incurred to the other party.
XXI. Entire Agreement
These Terms as well as SUGARFUN Privacy Policy and other terms and conditions posted by SUGARFUN and agreed by you constitute the entire and exclusive understanding and agreement between SUGARFUN and you regarding our Services and SUGARFUN Content.
XXII. Severability
If any clauses or contents in the Terms are void or unenforceable due to any reasons, the remaining part of the Terms shall remain effective and binding upon all parties.
XXIII. Language
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.