Spirejoy Game License and Service Agreement
This “Spirejoy Game License and Service Agreement” (hereinafter referred to as the “Agreement”) is entered into by and between you and Spirejoy Game Service Provider, and this Agreement shall have legally binding force. Please carefully read and fully understand each clause of this Agreement, especially the clauses that exclude or exempt the liabilities of Spirejoy (hereinafter referred to as the “Exemption Clauses”), the clauses that limit the rights of users (hereinafter referred to as the “Limitation Clauses”), the clauses related to dispute resolution and court jurisdiction, and the separate agreements for activating or using certain services. The Exemption Clauses, Limitation Clauses, dispute resolution related clauses and jurisdiction related clauses, including but not limited to Clause 2, Clause 3, Clause 4, Clause 6, Clause 9 and other related clauses of this Agreement, may be provided in bold, with color or in other reasonable forms to draw your attention. Your acceptance of these clauses may cause difficulties, inconvenience or losses to you under certain circumstances, so please make sure to double check the above-mentioned clauses before you accept this Agreement or use Spirejoy Game Service.
Unless you have read and accepted each and all clauses of this Agreement, you shall not be allowed to use Spirejoy Game Service. You may contact Spirejoy’s customer service department if you have any suggestion and comment on this Agreement or Spirejoy Game Service, and we will provide you with necessary help. It is deemed that you have already read and agreed to sign this Agreement, if you click “Agree”, “Accept” or “Next Step” button, or register and use Spirejoy Game Service.
If you are under the age of 18, please read this Agreement in company with your legal guardian and pay special attention to the clauses regarding use for minors.
1. DEFINITIONS
1.1 Agreement, refers to the text of this Agreement, the “Spirejoy Terms of Service”, and “Spirejoy Privacy Policy”. Both of the above-mentioned documents constitutes an inseparable part of this Agreement once being officially published. This Agreement also includes the “Mandatory Terms of Formatted Agreement for Online Game Services”.
1.2 Game Rules, refer to Spirejoy Game’s user codes, player regulations, game announcements, tips, notifications, and other contents, which are issued and updated by Spirejoy Game Service Provider from time to time.
1.3 Spirejoy Game Service Provider, refers to [Spirejoy Science and Technology Co. Ltd.], herein referred to as “Spirejoy” in this Agreement, which provides you with Spirejoy Game and Spirejoy Game Service.
1.4 Spirejoy Game, collectively refers to all the games operated by Spirejoy, including client-based PC games, web games, HTML5 games (H5 games), mobile games, and other types of games; and Spirejoy Game may be provided in the form of software, in which case Spirejoy Game also includes the related software and documents.
1.5 Spirejoy Game Service, refers to all the online operation services regarding the games provided by Spirejoy to you.
1.6 You, also referred to as “player(s)” or “user(s)”, refers to any natural person who is authorized to use Spirejoy Game and Spirejoy Game Service.
1.7 Game Data, refers to all types of data generated during your use of Spirejoy Game and recorded by the servers, including but not limited to character data, virtual item data, behavior logs, purchase logs, and other data.
2. GAME ACCOUNT
2.1 You acknowledge and agree that you may not be able to recharge for your game account or make purchase when using a guest account. Once you uninstall/re-install Spirejoy Game or replace your terminal device such as mobile phone or computer, or your terminal device is damaged, all the Game Data generated during your use of a guest account may be deleted and cannot be queried or recovered. You shall be responsible for all your losses arising from these circumstances.
If you use a third-party account recognized by Spirejoy as the Game Account for Spirejoy Game, you shall also comply with the agreement and rules regarding the third-party account. You shall contact the third party to resolve the related problems arising from your use of the third-party account, including but not limited to account theft, and Spirejoy may provide appropriate assistance to you depending on the circumstances.
2.2 You fully understand and agree that, Spirejoy is entitled to verify the authenticity and validity of the information provided by the user during registration, and actively take reasonable technical and administrative measures to guarantee the safety and validity of the user’s account. The user is obligated to take care of his/her account and password, and to use the account and password in a safe manner. If any party fails to perform any of the above obligations and thus results in the loss or theft of account and password, the party should be legally responsible for any damage caused to the civil rights of the user or other third party.
If you find anyone else assumes or steals your game account and password, or uses your game account and password without your authorization, you shall immediately notify Spirejoy in an effective manner in accordance with Spirejoy’s request and inform Spirejoy of the measures need to be taken. When you notify Spirejoy, you shall provide your valid personal identity information that is consistent with your registered information. Upon receiving your valid request and completing the verification, Spirejoy will take corresponding measures based upon your request or upon the specific circumstances (including but not limited to suspending the log-in and use of the account, or other measures). You should be responsible for any loss of yourself or other users caused by the measures taken by Spirejoy following your request. If you do not provide valid identity information or the personal information you have provided is inconsistent with your registered identity information, Spirejoy is entitled to reject your request, and you should be responsible for any loss caused by such rejection.
2.3 You fully understand and agree that, in order to ensure the effective use of the server resources, if you do not use your game account to log-in Spirejoy Game in three years, Spirejoy is entitled to take relevant measures, such as deleting your account along with the Game Data and other information related to the account upon prior notification.
2.4 The game account is the identification that Spirejoy authorizes you to log in and use Spirejoy Games and related services in accordance with this Agreement, and its ownership belongs to Spirejoy. You only have the right to use the game account in accordance with this Agreement and other relevant account usage agreement and special rules issued by Spirejoy for it. You shall not provide your game account to anyone else for use in any manner, including but not limited to assigning, leasing and lending your game account to anyone else for commercial use, including but not limited to live broadcasting, videotaping, surrogate training/gaming and other commercial use. Otherwise, you shall be responsible for any legal consequences and liabilities caused by your action, and Spirejoy will be entitled to take punitive measures against your game account, including but not limited to issuing warning, restricting or prohibiting the use of all or part of your game account function, deleting game account along with Game Data and other related information, banning or canceling of game account, and you will be responsible for all the losses caused thereby.
2.5 In the case that Spirejoy Games provides the game account cancellation function, if you need to cancel the game account, you may follow the account cancellation guidelines officially provided by the game, and you should ensure that you meet the relevant conditions for game account cancellation officially announced by the game, and you agree the official game account cancellation agreement and other relevant rules announced by the game. At the same time, it is also specially reminded that if you log out of the game account, the relevant game revenue under the game account will also be cleared. Therefore, please make sure that you have properly handled the game revenue or have settled related game revenue under the game account before you cancel this game account. Once you cancel this game account, if there is any game revenue remaining under the game account at that time (including the game revenue that has generated during the use of this game and will generate in the future), Spirejoy has the right to clear all game revenue under the game account, and the consequences are at your own risk. The aforementioned game revenue includes, but is not limited to: game membership rights and levels; all data related to the growth and upgrade of game characters (including but not limited to experience points, honor points, reputation points, title, etc.); unused online game virtual currency, virtual props and other virtual items (such as coupons, gold coins, diamonds, props and other items, etc.); value-added services that have been purchased but are not expired or used; other game revenues that have been generated but are not completely consumed or any future game revenues expected therein.
3. USER INFORMATION COLLECTION, USE AND PROTECTION
3.1 You agree and authorize Spirejoy to collect your user information for the purposes of performing this Agreement, including your real-name registration information, Game Data of your game account and other information you have provided during the use of Spirejoy Game Service and the information collected by Spirejoy for the sake of information security and user experience optimization, and so forth. Spirejoy will collect your user information pursuant to this Agreement and relevant laws and regulations.
The information collected would be stored in cloud server for 15 days, and the scope of use and purpose are as follows:
your age or birthday;
your first and last names;
your e-mail address;
a password;
game username(s);
details about the games you play;
your game history;
your login data;
other information that helps us make sure it’s you accessing your account, information necessary for us to provide the support you request, or information you provide to help us improve our Service (such as answers to an online survey or a feedback form).
When you use our Service, you can choose to create a player profile that other Spirejoy Game’s players can see. In your profile, you can include information like:
a profile photo;
game username(s);
your gender;
your age or age range;
approximate location information;
links to your profiles on various social networks;
details about the games you play.
You can also provide us personal information directly in a number of other ways, including:
in response to surveys or other research we conduct;
to participate in contests and sweepstakes;
via social media;
by participating in group communications or chats;
at conferences, conventions, and other events.
We may collect or receive information about you from other sources like third-party account, such as Facebook. We use this information along with information you provide us directly in a number of ways as described in this Privacy Notice.The information we receive depends on the third-party account, your privacy settings and, if applicable, your friends’ privacy settings on that third-party account.
We may collect and store some or all of the following information shared by the third-party account:
your first and last name;
your profile picture or its URL;
your user ID number (like your Facebook ID number), which may be linked to other information like your name and profile photo, and your friends’ identifiers;
the user ID number and other information of your friends, like their names and profile photos;
the login e-mail you provided to the third-party account;
nicknames;
your log-in status, battle information/status, achievement information related in Spirejoy Game;
your physical location and that of the devices you use to access our Service;
your gender;
your birthday and/or age range;
information about your activities on or through the third-party account;
other information you have shared on the third-party account;
If you access our Service from a third-party account or connect our Service to a third-party account, you should also read that third-party account’s Terms of Service and Privacy Notice.If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.
our service providers and other parties may send cookies to your device when you access or view the Service. A cookie is a small data file that is transferred to your device for record-keeping purposes. Information contained in a cookie may be linked to personal data. We use cookies for purposes such as improving the quality of our Service, tailoring recommendations to interests, and making the Service easier to use.
We and our service providers may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us or our advertising partners to advertise more efficiently and effectively by excluding our current players from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects, also known as flash cookies, which help us to reduce fraud, remember your in-game preferences, and speed up load times.
We, our service providers, and other parties may collect the following information via cookies and other technologies:
the type of device you are using;
your device’s operating system and version;
your mobile device’s identifiers, like your MAC Address, Identifier for Advertising (IDFA), and/or International Mobile Equipment Identity (IMEI);
IP address;
MAC address;
application ID;
network type.
referring and exit pages and URLs;
platform type;
the number of clicks on a page or feature;
domain names;
landing pages;
pages viewed and the order of those pages;
the amount of time spent on particular pages;
game state and the date and time of activity on our websites or games.
In some cases, we will connect this information with your social network ID or Spirejoy Game’s user ID.
3.2 You fully understand and agree that, based on your user information, Spirejoy or third parties in cooperation with Spirejoy may provide you with various information about Spirejoy Game’s activities, promotion information and other information through messages, phone calls, emails and other means. You can also choose to opt out of such information at any time if you want. And for this purpose, Spirejoy may share your user information with third parties. But we guarantee that the shared user information will not contain any Sensitive Personal Information and Privileged Information.
The third-party cooperation herein refers entirely to commercial cooperation, and only includes cooperation with game agents, telecom service operators, advertising service providers, audio and video media service providers.
In addition, Spirejoy will not share your user information with any other third parties for any other purpose
3.3 You fully understand and agree that, in order to provide better game services to you and to improve your gaming experience, Spirejoy may collect the information such as unique identification, nicknames, avatars, friend relationships and other information that you authorized in your Facebook Account and other accounts recognized by Spirejoy (Third-Party Account) that you used as game account , and your related operation information and gaming information in Spirejoy Game (hereinafter referred to as the “Information”, including but not limited to your log-in status, battle information/status, and achievement information, and so forth), but the collection of this information will not include those classified as personal information and sensitive personal information under relevant laws and regulations, including but not limited to the Data Privacy Act of 2012 in the Philippines (“DPA”). and Spirejoy will only collected and display the Information to yourself, your friends or other users with your prior consent, and you can modify your account settings at will at any time to turn off such collected and display.
You understand and agree that, if competent authorities require Spirejoy to assist in investigating your game account (including real-name identity information) and game-related data (such as recharge, consumption and transaction data) in accordance with laws, Spirejoy may provide the aforementioned relevant information to the competent authorities.
3.4 You shall fully respect the personal information of others, including but not limited to, the personal information of other users that you obtain, receive or have access to through Spirejoy Game and related services. You should not collect, copy, store, propagate, or in any other way use other users’ personal information, otherwise you will be responsible for any consequences arising therefrom.
3.5 Protecting user information and privacy is a basic principle of Spirejoy. Unless otherwise provided in this Agreement, the collection, use and protection of user information in Spirejoy Game Service shall comply with Spirejoy Game Privacy Protection Guideline and other agreements. Except as otherwise provided by law, if you have agreed or authorized Spirejoy to collect, use or process your personal information in accordance with the foregoing Agreement or regulations, Spirejoy's collection, use or processing of related personal information under your consent before your withdrawal of such consent will continue to be valid if you withdraw the consent or authorization.
4. Spirejoy Game SERVICE
4.1 Subject to your compliance with this Agreement and relevant laws and regulations, Spirejoy hereby grants you a personal, non-transferable and non-exclusive license to use Spirejoy Game Service. You shall use Spirejoy Game Service only for non-commercial purposes, including:
(1) receiving, downloading, installing, starting, upgrading, logging in, displaying, running and/or screenshotting of Spirejoy Game;
(2) creating a game character, setting online name, viewing Game Rules, user profiles and game battle results, creating a game room, setting game parameters, purchasing or using game items, game equipment, game currency and so forth in Spirejoy Game, and using chatting function as well as social sharing function; and
(3) using one or several other functions supported and granted by Spirejoy Game.
4.2 During your use of Spirejoy Game Service, you shall not record, broadcast or share with others the content of Spirejoy Game in any way without the permission of Spirejoy, including but not limited to web-casting and broadcasting Spirejoy Game through any third-party software.
4.3 In the event that Spirejoy Game is provided in the form of software, you shall also comply with the provisions of Article 5 of this Agreement regarding software licenses when using Spirejoy Game Service.
4.4 All other rights that are not expressly authorized in this clause or other clauses of this Agreement will be reserved by Spirejoy. You must obtain Spirejoy’s separate written approval before exercising these rights.
4.5 Upon your breach of this Agreement, Spirejoy is entitled to take one or multiple punitive measures as listed in Section 2 of Article 6.5 of this Agreement and may publish the results, and (/or) Spirejoy is also entitled to demand you to compensate all the losses suffered by Spirejoy due to your violation.
4.6 You fully understand and agree that, Spirejoy is entitled to reasonably judge the user’s violation of relevant laws and regulations or the provisions of this Agreement, take appropriate legal actions against any user who violates laws and regulations, and store and report the relevant information to the relevant departments in accordance with the laws and regulations and so forth. The user shall be solely responsible for all the legal consequences arising therefrom.
4.7 You fully understand and agree that, you shall be solely responsible for any claims, demands or losses claimed by any third party resulting from your violation of the provisions of this Agreement or other related terms of service; and you shall indemnify Spirejoy for any loss arising therefrom, if any.
4.8 You fully understand and agree that, all game equipment, game currency, and other game items are part of Spirejoy Game Service, and Spirejoy hereby grants you the right to use them under this Agreement. Your purchase and use of the game equipment, game currency and other game items shall comply with the requirements of this Agreement and the specific rules concerning the game. Also, these game equipment, game currency and other game items may be expired subject to a certain valid period even if you have never used them within the valid period. Except for force majeure or other reasons attributable to Spirejoy, they will automatically expire upon the end of valid period.
You fully understand and agree that to provide better Spirejoy Game Service to users, Spirejoy is entitled to make adjustments, updates or optimization to relevant content of the game (including but not limited to the art design, performance and related numerical settings of the game characters, game equipment and other game items).
4.9 You fully understand and agree that, to protect the security of your game account and create a fair, healthy and safe gaming environment, during your use of Spirejoy Game Service, subject to the stipulation of relevant laws, Spirejoy is entitled to have access to the random-access memory (“RAM”) of your terminal device and other relevant programs running in parallel with Spirejoy Game through technical means. Upon discovery of any unauthorized or harmful program that hinders the normal operation of Spirejoy Game Service, Spirejoy is entitled to collect all the relevant information and take reasonable measures against such program. But during the whole process, Spirejoy does not intent to and will not process or access any personal or sensitive information.
4.10 You fully understand and agree that, to ensure the gaming experience for you and other users, Spirejoy is entitled to delete or clear some obsolete Game Data stored in Spirejoy’s game server. Such deletion of data or data clearance does not involve sharing information with any third party throughout the process
You fully understand and agree that, to create a fair, healthy and safe gaming environment, encourage users to fairly compete, and improve the gaming experience for you and other users, Spirejoy establishes and implements the Spirejoy Game Credit Score System. You agree to abide by the requirements of Spirejoy Game Credit Score System and other rules issued by Spirejoy in relation to the Spirejoy Game Credit Score.
You fully understand and agree that, Spirejoy is entitled to use your personal information produced during your uses of Spirejoy Game services (including the Game Data under your game account, and other personal information provided to or collected by Spirejoy due to the safety, user experience improvement and others concerns during your use of Spirejoy Game Services) to calculate your game credit score.
You fully acknowledge and agree that, Spirejoy is entitled to implement incentive mechanism and restriction measures in some or all Spirejoy Games and other products and services operated by Spirejoy that you use based on your game credit score. The afore-mentioned incentive mechanism contains providing services adding rights and interests to you, including but not limited to incentive game rewards, game equipment trail opportunity, etc.; the afore-mentioned restriction measures include but not limited to restrictions on your game rewards, prohibitions to post and excluding from ranking list, etc.
4.11 In accordance with the relevant laws and regulations and this Agreement, Spirejoy will take effective measures to protect the legitimate rights and interests of minors during their use of Spirejoy Game Service, including possible measures to prohibit minors from engaging in inappropriate games or game functions, to limit minors’ gaming time, and to prevent minors from internet addiction. As part of the Game Rules, Spirejoy will also publish Spirejoy Game User Guidelines and warning instructions in a proper place, including the game content introductions, proper ways to use the game and ways to prevent harm. All minors shall read and follow these guidelines and instructions carefully under the guidance of the parent or legal guardians. Other players shall avoid publishing or generating any content that may harm the physical or mental health of minors during the use of Spirejoy Game Service, so as to create a healthy gaming environment.
4.12 You acknowledge and agree that Spirejoy is entitled to incorporate your game account into the corresponding anti-addiction system and take corresponding anti-addiction measures if one of the following situations occurs:
(1) The system determines that you are under the age of 18; or
(2) You log in under tourist mode; or
(3) Situations where other relevant laws, regulations or policies require or Spirejoy has reasonable grounds to believe that it needs to be included in the anti-addiction system.
In addition, in order to further prevent minors from impersonating the identity information of others, we may enable face recognition verification in some games or for some users, or obtain your game account information from a third-party platform, to identify and record your game behaviors based on the minor protection strategy, and then determine whether your game behaviors meet the characteristics of a minor’s game behaviors. If Spirejoy Games requires you to perform face recognition verification, but you fail to pass or reject, we will also incorporate your game account into the corresponding anti-addiction system and take corresponding anti-addiction measures.
Regarding the accounts that fall into the anti-addiction system, Spirejoy is entitled to take one or several of the following measures in accordance with the stipulations of the relevant laws, regulations and policies, the terms of other clauses of this Agreement, the operation strategy of Spirejoy Game, or the reasonable requests of your parent or legal guardian:
(1) providing your parent or legal guardian with related information about your game (including but not limited to log-in information of your game account, recharging and consumption information, and so forth), so that your legal guardian can be informed of your gaming situation timely or simultaneously;
(2) limiting the consumption cap of your game account;
(3) adopting technical measures to block certain games or certain functions of Spirejoy Game or limiting the gaming time or duration for you;
(4) canceling or deleting your game account, Game Data and other related information;
(5) taking any other reasonable measures following the request of your parent or legal guardian or the reasonable discretion of Spirejoy to restrict or prohibit your use of Spirejoy Game; and
(6) relevant measures required by relevant laws, regulations or policies.
4.13 The provision of Spirejoy Game Service by Spirejoy is a commercial activity, for which the user is entitled, at his/her own discretion, to decide whether or not to pay associated fees to obtain the corresponding Spirejoy Game Service, according to the list of charging item unilaterally issued by Spirejoy (including but not limited to purchasing the right to use virtual items in the game as well as receiving other value-added services and so forth) and Spirejoy’s corresponding charging rates. You are unable to enjoy certain game services if you fail to pay the fees according to the relevant charging rates.
You acknowledge and agree that changes or adjustments to the charging items or charging rates are normal business activities and you shall not request Spirejoy to indemnify or compensate you for any change or adjustment to the charging items or charging rates.
You acknowledge and agree that, if you use legal tender to recharge and make purchase in the game or to exchange for game virtual currency, virtual props and other virtual items or value-added services, you are deemed to have purchased the game services, and the game virtual currency, virtual props and other virtual items or value-added services you purchased or exchanged will be non-refundable and will not be exchanged into legal tender again, unless otherwise prescribed by mandatory provisions in law.
4.14 In no event shall Spirejoy be liable for any damage suffered by you as a result of force majeure during the use of Spirejoy Game Service. Such force majeure events include but not limited to laws, regulations, policies of the state, orders from state organs, other governmental acts, or other unforeseeable, unavoidable and insurmountable events, including but not limited to earthquakes, floods, snowstorms, fires, tsunamis, typhoons, strikes, wars and so forth.
4.15 Spirejoy Game may encounter game software bugs, version update flaws, third-party virus attacks, or any other factors, which may lead to the data abnormality of game characters, game items, game equipment, and game currency of your game account data or Game Data. Spirejoy is entitled to temporarily freeze the game account before the cause of the abnormality is identified. If the Game Data abnormality is identified to be caused by abnormal game behavior, Spirejoy is entitled to restore the Game Data of the game account to the original status before the abnormality occurs (including requesting a transfer back of the Game Data from a third party), under which circumstance Spirejoy will not be responsible for any consequences arising therefrom. If the data abnormality is caused by your violation of laws or regulations or violation of the provisions of this Agreement, Spirejoy is entitled to take one or more of the measures specified in Section 2 of Article 6.5 of this Agreement.
4.16 Spirejoy does not grant you the right to obtain game accounts, game items, game equipment, game currency, and other game services from any third-party by purchasing, accepting gifts or other ways. Spirejoy will not be responsible for any Third-party Transaction (Third-party Transaction refers to your behaviors to purchase, accept gifts or by other ways to obtain game accounts, game items, game equipment, game currency, and any other game service from a third-party ), and will not accept any complaint arising from the disputes of third-party transactions.
4.17 You fully understand that, there are objectively existing incompatibilities in different operating systems, and such objectively existing incompatibilities cannot be attributed to Spirejoy, thus your recharging fees and game data in one operating system may not be smoothly transferred to another. You, rather than Spirejoy shall be responsible for the loss of your recharging fee or game data caused by your switch of different operating systems.
4.18 You fully understand that, there may be mandatory battle zones or battle gameplay in Spirejoy Game. If you do not agree to be assigned to such mandatory battle, you shall not enter these games or battle zones; and your entry will be deemed as agreement to the battle gameplay and acceptance of the consequences.
4.19 If the operation of Spirejoy Game is terminated upon Spirejoy’s own discretion or for any other reasons, Spirejoy will handle the termination of the game operation in accordance with the relevant laws and regulations issued by the country regarding termination of online games, so as to protect the legitimate rights and interests of the users.
5. SOFTWARE LICENSE
5.1 You may need to download and install relevant software to use Spirejoy Game Service, and you can obtain the software directly from Spirejoy’s related websites or from third parties authorized by Spirejoy. If you obtain Spirejoy Game or a game with the same name as Spirejoy’s game from a third party not authorized by Spirejoy, you will be deemed to have not obtained license from Spirejoy, and Spirejoy will not guarantee the normal use of the game, nor compensate you for any damage caused thereby.
5.2 Spirejoy may develop different versions of a software for different terminal devices or operating systems, including but not limited to different versions for Windows, iOS, Android, Windows Phone, Symbian, Blackberry, Nintendo Switch and so forth. You may choose to download the appropriate version for installation in the light of actual conditions, and after downloading the installation program, you should install the program by correctly following the instructions provided by the program.
5.3 If Spirejoy Game is provided in the form of software, Spirejoy grants you a personal, non-transferable and non-exclusive license to use the software. You may download, install, log in and use Spirejoy Game software on a single terminal device only for non-commercial purposes.
5.4 In order to provide more high-quality and safe service, Spirejoy may recommend you to install other software during the game software installation process, you can choose to install them or not.
5.5 If you no longer need to use the software or to install a new version, you can uninstall on your own. If you are willing to help Spirejoy to improve its product and service, please inform Spirejoy of your uninstallation reason.
5.6 In order to ensure the security and functional consistency of Spirejoy Game Service, Spirejoy is entitled to update the software and to change or limit certain functional effects of the software.
5.7 After a new version of software is released, the older versions may become unusable. Spirejoy cannot guarantee the continuous usability and the relevant client services of the older version software, please check and download the latest version regularly.
6. USERS’ CODE OF CONDUCT
6.1 You fully understand and agree that, you shall be responsible for all actions of your game account, including any content you post and the consequences arising therefrom.
6.2 Aside from using Spirejoy Game Service pursuant to this Agreement, you shall not engage in any activity that infringes the intellectual property of Spirejoy Game or engage in any activity that is harmful to the legitimate interests of Spirejoy or other third parties.
6.3 You shall comply with the laws and regulations during the use of Spirejoy Game or Spirejoy Game Service. You shall not use Spirejoy Game or Spirejoy Game Service to engage in any illegal conducts, including but not limited to the followings:
(1) opposing the fundamental principles determined by the Constitution;
(2) jeopardizing the unity, sovereignty and territorial integrity of the state;
(3) divulging state secrets, undermining state security or damaging the honor or interests of the state;
(4) inciting hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, or disrespecting ethnic customs and practices;
(5) promoting heresy or superstition;
(6) spreading rumor, creating social disorder or harming social stability;
(7) advocating obscenity, pornography, gambling, violence, or abetting the commission of a crime;
(8) insulting or defaming others or infringing any legitimate rights of others;
(9) harming social morality;
(10) containing any other content prohibited by any law, administrative rule or relevant regulation.
6.4 You understand and agree to the following rules:
(1) Carry out any behavior that destroys the stability and fairness of the game or affects the normal operation of the game, or destroys or affects the normal operation of Spirejoy's game service, including but not limited to;
1) Illegal and (or) malicious registration and login of the game, including malicious batch registration of game accounts, as well as login of the game by destroying server authentication and malicious crowding service;
2) Malicious implementation may lead to game server downtime, stuck, or other game players offline, delay and other abnormal game behaviors, such as using DDoS to attack game server or other players' network traffic, etc.;
3) Taking advantage of game loopholes (including but not limited to swiping virtual currency, points or virtual props), destroying the game environment or causing adverse effects to other players;
4) Negative games destroy the game experience of other users. Including but not limited to maliciously injuring or killing one's own teammates, maliciously forming a team, maliciously sending or reducing scores, passively hanging up, running away, deliberately giving the head, and other negative games, which destroy the user's game experience;
5) The behavior of installing and using the third-party software that affects the balance of the game;
6) Your game data performance is abnormal, affecting other behaviors of Spirejoy Game fairness.
(2) The same player (or the same IP, or the same physical address) registers or logs in multiple game accounts;
(3) Cheating behaviors such as "double spring cheating" in the game, intentionally escaping after betting or in the game, resulting in losing game coins, game points or other virtual props to other players, unreasonably delaying the game or game time and affecting the fairness of the game, etc.;
(4) The behavior of insinuating or pretending to be Spirejoy's internal staff or a special identity in some way in an attempt to obtain illegitimate interests or influence the rights and interests of other users;
(5) Using illegal or improper words and characters in the game, including role naming;
(6) All kinds of private service, plug-in behavior;
(7) Spreading illegal speech or improper information;
(8) Stealing other people's game accounts and game items;
(9) Conduct game account trading, account sharing and other behaviors that affect account security;
(10) Recharge games in discount channels not authorized or recognized by Spirejoy, or entrust a third party not authorized or recognized by Spirejoy to recharge, or use a third party software not authorized or recognized by Spirejoy to recharge.
(11) Other misconduct widely recognized in the industry;
(12) Other behaviors that violate laws and regulations, infringe the legitimate rights and interests of other users, interfere with the normal operation of the game or Spirejoy does not explicitly authorize.
You know and agree that Spirejoy has the right to judge whether you have used illegal plug-ins or not according to your game data and abnormal performance due to the concealment or disappearance of plug-ins after use.
6.5 Unless permitted by laws or written consent of Spirejoy, you shall not engage in any of the following conducts:
(1) deleting the copyright information on the game software or its copies;
(2) reverse engineering, reverse assembling, reverse compiling of the game software, or any other attempts to obtain the software source code and other confidential contents, including but not limited to the game elements that are not yet voluntarily published by Spirejoy as a public presentation, but have already been sealed in the game installation package;
(3) scanning, exploring and testing the game software to detect, discover and identify the possible bug or vulnerability therein;
(4) copying, modifying, adding, deleting, mount-running or creating any derivative work from the game software or the data released to the RAM of any terminal device during the running of the software, or the interactive data between the client terminal and the server terminal during the running of the software, or the system data necessary for the running of the software, in such ways including but not limited to using plug-in, cheating tool or unauthorized third-party tool/service to access the software and related systems;
(5) modifying or forging any instructions and data during the running of the software, adding, deleting or changing the function or operation result of the software, or operating and propagating relevant software or method which can used to achieve the above-mentioned function, no matter whether or not the above actions are conducted for commercial purpose;
(6) using Spirejoy Game and Spirejoy Game Service through third-party software, plug-in, cheating tool or system that is not developed nor authorized by Spirejoy, or creating, publishing and propagating third-party software, plug-in, cheating tool and system that is not developed nor authorized by Spirejoy;
(7) using, leasing, lending, copying, modifying, linking, forwarding, assembling, publishing, issuing or establishing mirror site of the content in the game which Spirejoy owns intellectual property rights;
(8) establishing mirror site related to Spirejoy Game, or taking snapshot of relevant web page (web site), or providing service identical or similar to Spirejoy Game Service by establishing server or alike;
(9) isolating any part of Spirejoy Game from its main body for separate use, or using Spirejoy Game in other ways which breaches the provisions of this Agreement;
(10) using, modifying or covering the name, trademark and other intellectual property of Spirejoy Game;
(11) any other conducts without Spirejoy’s express authorization.
6.6 If you engage in any of the following conducts during your use of Spirejoy Game Service, according to the stipulations of this Agreement and relevant Game Rules, Spirejoy is entitled to take punitive measures as specified in Section 2 of this clause against you depending on the severity of the circumstance, and may publish the results:
(1) implying or falsely claiming to be internal employees of Spirejoy or certain special identities in any way, in order to gain improper benefits or impact the rights and interests of other users;
(2) using or uploading illegal or inappropriate word, character and other content in Spirejoy Game, including using them as the name for game character;
(3) undermining Spirejoy Game or interrupting the normal operation of Spirejoy Game Service in any way, including but not limited to:
1) Illegal and/or malicious registration and game login behaviors, including but not limited to malicious batch registration of game accounts, and logging in the game by violating server authentication, malicious crowding, etc.
2) Malicious behaviors that may cause the game server to be shut down, stalled, or cause other game players to drop off, delay and undergo other abnormal circumstances, such as using DDOS to conduct network traffic attacks on the game server or other players;
3) Taking advantage of game bugs to make profit, damage the game environment, or adversely affect other players;
4) Negative gaming activities that disrupt the gaming experience of other users. This includes, but is not limited to, maliciously harming or killing one’s teammates, malicious teaming, maliciously losing the game and reducing game credits, passively quitting the game, escaping, deliberately offering one’s death to the other side, and other negative activities that disrupt other users' gaming experience;
5) Game Data being abnormal, and other actions that adversely affect the fairness of Spirejoy Games.
(4) using any private server and cheating tool;
(5) using game synchronizer (including but not limited to using a hardware synchronizer for keyboard, mouse, etc., so as to use a set of keyboard and mouse to simultaneously and synchronously control multiple computers to play the game), and using any other hardware that can result in abnormal performance on game efficiency or revenue data (including but not limited to "continuous clicking device", hereinafter collectively referred to as "Cheating Hardware");
(6) spreading illegal or inappropriate information;
(7) stealing other user’s game account and game item;
(8) making transaction of game account, sharing account and conducting other activities that affect account safety;
(9) without Spirejoy’s permission, making unauthorized transaction of game virtual currency, game equipment, game currency and other game item with other users, or obtaining game virtual currency, game equipment, game currency and other game items or game services from third parties by purchasing, accepting gifts, or otherwise;
(10) recharging games through discount channels that are not authorized or recognized by Spirejoy, conducting transactions of discounted game item (such as buying discounted skins at low prices from non-official channels outside Spirejoy), or entrusting a third party that is not authorized or recognized by Spirejoy to recharge on their behalf, or recharging using third-party software that are not authorized or recognized by Spirejoy.
(11) breaching any term of this Agreement or violating any provisions of relevant laws or regulations; or
(12) conducting any other misconduct that is widely recognized within the industry.
The measures specified in the preceding paragraph include but are not limited to:
(1) a warning; and/or
(2) block from posting, including but not limited to game-wide block, block in single-region, and block in public channel; and/or
(3) content reset, including but not limited to resetting or forcibly modifying illegal nicknames, room names, pictures and other illegal information or content that you provide or upload; and/or
(4) reducing or limiting your game's revenue, such game revenue including but not limited to the improvement of all the data related to the game's character growth and upgrade (such as experience value, honor value, reputation value, title, etc.) and the obtaining of game props, equipment, virtual currency and other virtual items; and/or
(5) deleting or cancelling your game account, Game Data or other game related information; and / or
(6) restricting or prohibiting you from entering certain scenes in the game or using game-specific features; and/or
(7) forcing to quit the game (i.e. "kick from the game"), including but not limited to a forced withdrawal from the entire game, or a single battle in the game, or other game behavior you are working on; and / or
(8) temporarily or permanently prohibiting your game account from logging in Spirejoy Games (hereinafter referred to as "the Account Block"); and/or
(9) temporarily or permanently prohibiting the specific terminals (including but not limited to PC terminals, mobile terminals, etc.) involved in your violations of the law from logging into Spirejoy Games; and/or
(10) suspending or terminating your use of Spirejoy Games and related services, or unilaterally notifying you of the termination of this Agreement; and / or
(11) filing a corresponding civil action against your violation of laws and regulations, claim against you for your infringement, breach of contract or other civil liability, and claim you for compensation over the losses suffered by Spirejoy from your violation of the law (including the direct economic losses, loss of reputation or goodwill suffered by Spirejoy, and Spirejoy’s payment of compensation, settlement fees, attorney fees, litigation costs and other indirect losses), or transferring to the relevant administrative authority for administrative punishment, or transferring to the judicial authorities for pursuing your criminal liability; and /or
(12) other measures of Spirejoy that are announced through game rules (including but not limited to user codes, player regulations, game announcements, tips and notices).
You acknowledge and agree that, due to the hidden and fast-disappearing nature of game synchronizer and other Cheat Hardware, Spirejoy is entitled to decide whether you have conducted behaviors of using game synchronizer or other illegal Cheating Hardware based on your Game Data and abnormal performances.
6.7 You acknowledge and agree that, if Spirejoy takes Account Banning measures against your game account pursuant to this Agreement, Spirejoy is entitled to determine the duration of the ban based on the severity of your violation.
You acknowledge and agree that, (1) the game virtual currency, game equipment, game currency and other game item of your game account may be unusable during the period of Account Banning; (2) if the aforementioned game virtual currency, game equipment, game currency and other game item is subject to certain valid period, the valid period may expire during the period of Account Banning, and thus you will not be able to use the expired game virtual currency, game equipment, game currency and other game item after the expiration of Account Banning period.
7. INTELLECTUAL PROPERTY
7.1 Spirejoy owns all the intellectual property rights of Spirejoy Game. All copyrights, trademarks, patents, trade secrets and other intellectual properties, along with other legitimate rights and interests of Spirejoy Game (including but not limited to the overall Spirejoy Game and all art, music, text, and other game elements and components included in Spirejoy Game, and the continuous dynamic pictures presented when running Spirejoy Game), as well as all information and contents related to Spirejoy Game (including texts, images, audios, videos, graphics, interface designs, layout frameworks, related data or electronic documents, and so forth) are protected by relevant local laws and regulations and relevant international treaties. Spirejoy owns the aforesaid intellectual property rights and legal rights, except for the rights enjoyed by the relevant right owners in accordance with the laws. Without prior written consent from Spirejoy, you shall not use Spirejoy Game (including but not limited to the overall Spirejoy Game and all art, music, text, and other game elements and components included in Spirejoy Game, and the continuous dynamic pictures presented when running Spirejoy Game) in any way for commercial purpose or disseminate the content of Spirejoy Game through information network.
7.2 If there is a platform function or service of Spirejoy Games that you can self-produce, create or upload related content by yourself (hereinafter referred to as "UGC Platform"), regarding the content you produce, create, upload or publish using the UGC platform (hereinafter referred to as "UGC Content"), you shall ensure that it is legal and does not infringe the legal rights and interests of others and shall comply with the relevant rules published by Spirejoy on the UGC Platform (hereinafter referred to as "UGC Platform Rules "). You also agree that:
(1) If the UGC content contains Spirejoy Game content (including but not limited to the overall Spirejoy Game and all art, music, text, and other game elements and components included in Spirejoy Game, and the continuous dynamic pictures presented when running Spirejoy Game) and/or other content in which Spirejoy enjoys intellectual property rights, you shall obtain written consent from Spirejoy for your commercial use of UGC Content, and comply with the corresponding UGC Platform Rules.
(2) Regarding UGC Content, you agree to irrevocably authorize Spirejoy to use the UGC Content in any way (the aforementioned "use" includes, but is not limited to, reproduce, distribute, rent, exhibit, perform, broadcast, modify, adapt, communicate through information network and use in other ways, including for both commercial and non-commercial purposes, within and outside the game, as well as within the UGC Platform and outside the UGC Platform; for the convenience of description, the aforementioned right to use is collectively referred to as "Right to Use"), and at the same time authorize Spirejoy to re-delegate or sub-license the aforementioned Right to Use to third parties. You promise that such use by Spirejoy will not infringe any third-party intellectual property rights and other legal rights.
(3) For UGC Content, you can only display the UGC Content on Spirejoy Games and other platforms approved by Spirejoy or use it in the certain ways approved by Spirejoy. You shall not disseminate or authorize a third party to disseminate such content on other platforms without Spirejoy's permission, and you shall not conduct or authorize a third party to conduct any publication, commercialization, secondary derivative use and other use activities. In case of any violation, Spirejoy reserves the right to pursue legal actions against you.
(4) For UGC Content, you irrevocably authorize Spirejoy to take actions by itself or by entrusting a professional third party to defend rights against the violation of the legitimate rights and interests of UGC Content. Actions of protecting such rights includes, but are not limited to: monitoring infringements, sending letters claiming rights protection, filing lawsuits or arbitrations, mediation, settlement and others. Spirejoy is entitled to make decisions on the matters of rights protection and implement them independently.
(5) If pursuant to the Copyright Law and other laws, you enjoy the right of publication, right of authorship, right of alteration, right of integrity and other moral rights of copyright of the UGC Content, you agree that Spirejoy can decide whether or not to affix your name according to the specific circumstance or scenario of use of the UGC Content. Also, you agree that you will not claim the right of publication, right of authorship, right of alteration, right of integrity and other moral rights against Spirejoy due to Spirejoy's use of UGC Content in accordance with this Agreement.
7.3 Notwithstanding any other stipulations in this Agreement, the ownership and intellectual property rights of the Game Data generated during your use of Spirejoy Game Service is solely owned by Spirejoy, and Spirejoy is entitled to store and dispose of the Game Data. Among which, Spirejoy’s preservation period for the user’s purchase record of game virtual currency will be in compliance with the relevant law and regulations. Unless otherwise stipulated by state laws and regulations, the preservation period for other Game Data shall be solely determined by Spirejoy.
7.4 Spirejoy Game may involve third-party intellectual property rights, and if such third party holds any requirement on the intellectual property rights which you may use in Spirejoy Game in pursuance of this Agreement, Spirejoy will inform you of the said requirement in an appropriate manner and you shall comply with such requirement as well.
8. COMPLIANCE WITH LOCAL LAWS AND REGULATIONS
8.1 During your use of Spirejoy Game Service, you shall abide by local laws and regulations and respect local ethics and customs. If your conduct is in violation of local laws, regulations or moral customs, you shall be solely responsible for the consequences arising therefrom.
8.2 You should avoid getting Spirejoy involved in political and public incidents for your use of Spirejoy Game Service. Otherwise, Spirejoy is entitled to suspend or terminate the provision of services to you.
9. JURISDICTION AND APPLICABLE LAW
9.1 This Agreement is signed in [Hong Kong, China].
9.2 The conclusion, validity, performance and interpretation of this Agreement and resolution of disputes in connection herewith shall be governed by Hong Kong International Arbitration Centre (“HKIAC”). The governing law applies to the laws of the Philippines.(excluding the applicable conflict of law rules).
9.3 In the event of any dispute or controversy, the parties shall in the first place use their best efforts to settle such dispute or controversy through amicable negotiation. You agree that any dispute or controversy which cannot be settled by negotiation, shall be submitted and finally resolved by the people’s court at the place where this Agreement is entered into and has jurisdiction over such dispute or controversy.
9.4 The headings of all clauses in this Agreement are established merely for the ease of reading, which do not carry any substantive meanings and shall not be used as references for the interpretation of this Agreement.
9.5 If any clause of this Agreement is deemed invalid for any reason, the rest of the clauses shall survive and remain binding to both parties.
10. MISCELLANEOUS
10.1 Spirejoy is entitled to amend the terms of this Agreement when Spirejoy deems necessary, and you may find the up-to-date version of this Agreement on relevant webpage. By continuing to use Spirejoy Game Service after the amendment of the terms of this Agreement, you will be deemed to have accepted the amended agreement.
10.2 Spirejoy hereby reminds you to avoid inappropriate games, refuse piratical games; pay attention to self-protection, stay vigilant about fraud; play game moderately to relax your brain and refrain from addiction to games; arrange your time reasonably and enjoy a healthy life.
-END-
Updated on: [2021-6-16]
Became effective on: [2021-6-16]