TERMS OF SERVICE
ENGLISH
Effective Date: July 1, 2024
The terms of this agreement ("Terms of Service") govern the relationship between you and Joyful Game Network Technology Beijing Co., Ltd. , Joyful Game having its registered office at Intergrated Building,Changping Technology Zone,Beijing City (hereinafter “Joyful Game" or "Us" or "We") regarding your use
of Joyful Game’s games, websites and related services (the "Service"). Use of the Service is also governed
by Joyful Game's Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any Joyful Game website or accessing a game, you must
agree to these Terms of Service and the Privacy Policy. 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 affirm that you are
the legal age of majority in your country of residence. If you are not, your legal guardian must review and
agree 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.
Joyful Game reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of
Service, its Privacy Policy and other relevant Joyful Game policies at any time by posting the amended terms on the
Joyful Game 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 Joyful Game Privacy
Policy, or any other Joyful Game policy, rules or codes of conduct relating to your use of the Service, your
license to use the Service shall immediately terminate, and you must immediately stop using the Service.
- License
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 Joyful Game policies,Joyful Game 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 accept full responsibility for any
unauthorized use of the Service by minors. You are responsible for any use of your credit card or other
payment instrument (e.g. PayPal) by minors.
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 Joyful Game, or
previously been banned from playing any Joyful Game 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 to anyone.
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 Joyful Game 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 Account.
Joyful Game
reserves the right to remove or reclaim any username at any time and for any reason, including but not
limited with 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.
License Limitations
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 Joyful Game deems to be in
conflict with the spirit or intent of the Service or make improper use of Joyful Game's support
services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation
software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or
interfere with the Service, any Joyful Game game or any Joyful Game game experience.
Modify or cause
to be modified any files that are a part of the Service or any Joyful Game game
without Joyful Game'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 Joyful Game'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 Joyful Game game environment.
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 Service.
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 Joyful Game, 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 unsolicited basis.
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 Joyful Game employees, including Joyful Game'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 Joyful Game
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 Joyful Game game, or to obtain any information from the Service or any Joyful Game game using
any method not expressly permitted by Joyful Game.
Solicit or attempt to solicit Login Information
or any other login credentials or personal information from other users of the Service or any Joyful Game
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.
Use any Joyful Game game for gambling, betting or any similar activity in which prizes or
rewards can be won (directly or indirectly), including betting on the outcome of matches in which you
participate as a player, irrespective of whether or not there is a fee or stake involved.
use our
services for any commercial purpose or for the benefit of any third party, except as expressly permitted
by Joyful Game or otherwise by us from
time to time, including any of the following
activities:
making postings about a product or service offered by you or by any company in which you
hold a direct or indirect interest;
making postings (whether written by you or anyone else) in
exchange for money or other benefits or compensation from any third party;
posting information about
product or shipping availability from third party suppliers, whether such third parties are in
competition with us or not; or
asking any other postings not in good faith;
Joyful Game 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. Joyful Game 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,Joyful Game MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE
ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Joyful Game 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 Joyful Game 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.
Joyful Game RESERVES THE RIGHT TO
TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Joyful Game 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, Joyful Game 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.
- Ownership
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 Joyful Game game client, and the Joyful Game game clients and server software) are owned by
Joyful Game.Joyful Game reserves all rights, including without limitation, all intellectual property rights or
other proprietary rights, in connection with its games and the Service.
2.2.
Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL
HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, YOU JUST HAVE THE RIGHT TO USE 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 Joyful Game.
2.3. Virtual Items
You acknowledge and agree: (a)
that Joyful Game may change the price of Virtual Items at any time, without notice, for any reason or for
no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may
fluctuate, and (c) that Joyful Game has no liability to You for any changes in the price of such
Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items.Joyful Game reserves
the right, without prior notification, to limit the quantity of the Virtual Items You can purchase
and/or to refuse to allow You to purchase such Virtual Items. You acknowledge and agree that Joyful Game
shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as
hacking, phishing, password mining, social engineering, and/or any other unauthorized third party
activity.Joyful Game may replace such lost Virtual Items at its sole discretion on a case-by-case basis,
without incurring any further obligation or liability.Joyful Game owns, has licensed, or otherwise has
rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the
contrary herein, You agree that You have no right or title in or to any content that appears in the
Service, including without limitation the Virtual Items therein, whether “earned” in a game or
“purchased” from Joyful Game.
- User Content
3.1User Conduct
You may be required to
register an account (the “Account”) on the Service. Your use of the Service is governed by and
maintained and enforced by Joyful Game through “User Conduct.” You are entirely responsible for
knowing, understanding, and abiding by User Conduct. The User Conduct rules are not exhaustive, and
Joyful Game reserves the right to determine which conduct is considered to be outside the spirit of
the Games and to take disciplinary measures, including the termination and deletion of user accounts,
prohibiting user from using the Service in whole or in part. User Conduct governs all aspects of your
interaction with the Games, including, without limitation, selecting an in-game name, posting messages,
interacting with other users, and otherwise accessing the Games.
You acknowledge and agree that if
Joyful Game finds, at its sole discretion, that you have violated User Conduct, you may no longer have
access to the violating item/items and/or Joyful Game reserves the right to take actions,
which may include terminating your account and prohibiting you from using the Service in whole or in
part.
3.2. 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 Joyful Game 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 at all times be
processed by Joyful Game in accordance with its Privacy Policy.
The Service may include various
forums, blogs, and chat rooms where You and other users can post Your observations and comments on
designated topics (“User Content”).Joyful Game cannot guarantee that other users 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 do not post it on the Service.Joyful Game IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR
MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING,
WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY
SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, You hereby
grant to Joyful Game a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit
such User Content only on, through or by means of the Service.Joyful Game does not claim any ownership
rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that
You may have to use and exploit any such User Content. You acknowledge and agree that You are solely
responsible for all User Content that You make available through the Service. Accordingly, You represent
and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make
available through the Service or that You have all rights, licenses, consents and releases that are
necessary to grant to Joyful Game the rights in such User Content as contemplated under these Terms; and
(ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the
User Content or Joyful Game’ use of the User Content (or any portion thereof) on, through or by means of
the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade
secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or
privacy, or result in the violation of any applicable law or regulation.Joyful Game may or may not regulate
User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity
of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by
users are neither endorsed nor controlled by Joyful Game, and these communications should not be considered
reviewed or approved by Joyful Game. By using the Service You acknowledge and accept that You may be
exposed to material You find offensive or objectionable. You are solely responsible for Your activities
in connection with User Content and You agree that Joyful Game will not under any circumstances be
responsible or liable for any User Content, including, but not limited to, errors in any User Content or
any loss or damage incurred by use of the User Content or for any failure to or delay in removing User
Content.Joyful Game reserves the right (but shall at no time be obligated) to, in its sole discretion,
remove, block, edit, move, disable or permanently delete User Content from the Service with or without
notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable
law,Joyful Game shall at no time be responsible or held liable for the removal, modification or blocking of
material or User Content that may be considered offensive and shall at no time be obligated to effect
such removal other than under applicable law. Joyful Game welcomes and encourages Your feedback,
comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the
contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole
and exclusive property of Joyful Game and You hereby irrevocably assign to Joyful Game and agree to
irrevocably assign to Joyful Game all of Your right, title, and interest in and to all Feedback,
including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and
other proprietary or intellectual property rights therein. At Joyful Game’ request and expense, You will
execute documents and take such further acts as Joyful Game may reasonably request to assist Joyful Game
to acquire, perfect, and maintain its intellectual property rights and other legal protections for the
Feedback.
3.2.1. Content Screening
Joyful Game 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 Service.
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.
Joyful Game 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 Joyful Game chooses, in its sole discretion, to monitor
the Service,Joyful Game 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 Content.
3.3. Information Use by Other Members
of the Service
3.3.1. 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.Joyful Game 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.Joyful Game shall have no responsibility to
evaluate, use or compensate you for any ideas or information you may choose to submit.
3.3.2.
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.Joyful Game 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 Joyful Game violates these Terms of Service.
3.3.3. Your
License to Joyful Game
You hereby grant to Joyful Game 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
Joyful Game the right to authorize others to exercise any of the rights granted
to Joyful Game under these Terms of Service. 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. Joyful Game 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.Joyful Game has no obligation to monitor or enforce your
intellectual property rights in or to your User Content.
3.4. 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 Joyful Game games.Joyful Game reserves the right, but has no
obligation, to become involved in any way with these disputes. You will fully cooperate
with Joyful Game to investigate any suspected unlawful, fraudulent or improper activity, including,
without limitation, granting Joyful Game 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.
- Fees and Purchase Terms
4.1.Purchases
When
conducting online purchases with www.Joyful Gamesg.com, you must provide true, accurate, and complete
information about yourself and provide a non-fraudulent means of payment. If you provide any personal or
financial information that is untrue, inaccurate, or incomplete, or if Joyful Game has reasonable grounds
to suspect that the information you provide is untrue, inaccurate, or incomplete,Joyful Game has the right
to void related financial transactions, to revoke all associated software licenses acquired via such
transactions, and to refer to appropriate authorities the details of such incidents.
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 Joyful Game 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.
Joyful Game may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at
any time, with or without notice. Joyful Game shall have no liability to you or any third party in the
event that Joyful Game 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 Joyful Game, another user or
any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL
AND NON-REFUNDABLE,UNLESS OTHERWISE AGREED.
The provision of Virtual Items for use in Joyful Game
games is a service provided by Joyful Game that commences immediately upon acceptance by Joyful Game 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 (including telecommunications and other costs and expenses
that may arise from the use of authorized items). Joyful Game may revise the pricing for the goods and
services offered through the Service at any time. YOU ACKNOWLEDGE THAT Joyful Game 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.
- Refunds
If you give your account or payment details to
someone else, appear to be abusing our policies, or don’t protect your account with authentication, we
usually can’t issue a refund.
In case of refund, payment processor's standard terms and conditions
regarding refunds will apply. User refunds are exclusive of taxes previously charged to users for
product purchases.
5.1 Special refund regulation for Google Play
If the purchase isn’t what you
expected, doesn’t work, or you don’t want it any more, you can:
Request a refund on the Google Play
website. If it’s less than 48 hours since you bought an app or made an in-app purchase, you can request
a refund through Google Play.
5.2 Special refund regulation for AppStore
You can report to Apple a
problem with any purchase that you've made using the
link http://reportaproblem.apple.com/. If technical problems prevent or unreasonably
delay delivery the Game, your exclusive and sole remedy is either replacement of the Game or refund of
the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if Apple
finds evidence of fraud, refund abuse, or other manipulative behavior. Please see
https://support.apple.com/ for more information .
- Updates to the Service
You understand that the Service
is an evolving one.Joyful Game may require that you accept updates to the Service and to Joyful Game's games
you have installed on your device or computer. You acknowledge and agree that Joyful Game may update
the Service and Joyful Game 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 Joyful Game games. All problems
encountered during the use of the Service, including those with regard to Your Account, can be reported
to Joyful Game when the problem is encountered joyfulgametechltd@gmail.com.
- Disclaimer of Warranties
WITHOUT LIMITING Joyful Game'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.Joyful Game 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. ALL DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE
WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR
DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
Some jurisdictions do
not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply
to you.
- Limitation of Liability; Sole and Exclusive Remedy;
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Joyful Game 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 Joyful Game HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT
PROHIBITED BY LAW, Joyful Game SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO
Joyful Game 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
Joyful Game DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Joyful Game'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE
WITH Joyful Game 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 Joyful Game OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY
NEGLIGENCE OR FRAUD OF Joyful Game.
You agree to indemnify, defend and hold Joyful Game (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.
- Dispute Resolution and Attribution
IF A DISPUTE
ARISES BETWEEN YOU AND Joyful Game, WE STRONGLY ENCOURAGE YOU TO FIRST CONTACT US DIRECTLY TO SEEK A
RESOLUTION.
9.1 Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or
arbitration, you must first give Joyful Game an opportunity to resolve the Dispute. You must commence this
process by written notification to the Joyful Game at 73 Upper Paya Lebar Road #06-01C Centro Bianco
Singapore 534818.That written notification must include (1) your name, (2) your address, (3) a written
description of your Claim, and (4) a description of the specific relief you seek. If Joyful Game does not
resolve the Dispute within 45 days after it receives your written notification, you may pursue your
Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described
below.
9.2 Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Joyful Game
may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be
initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM
THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this
Provision by mailing written notification to Joyful Game at 73 Upper Paya Lebar Road #06-01C Centro
Bianco Singapore 534818. Your written notification must include (1) your name, (2) your address, and (3)
a clear statement that you do not wish to resolve disputes with Joyful Game through arbitration. Your
decision to opt-out of this Provision will have no adverse effect on your relationship with Joyful Game.
Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your
Dispute in arbitration or small claims court.
- Severability
You and Joyful Game agree that if any portion
of these Terms of Service or of the Joyful Game Privacy Policy is found illegal or unenforceable, in whole
or in part by any court of 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.
- General Provisions
11.1. Assignment
Joyful Game may assign or delegate these Terms of Service and/or the Joyful Game 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 Service or Privacy Policy without Joyful Game's prior written consent, and any
unauthorized assignment and delegation by you is ineffective.
11.2. Supplemental Policies
Joyful Game 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.
11.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein
(including the Joyful Game Privacy Policy), contain the entire understanding of you and Joyful Game, 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.
11.4. No Waiver
The failure of Joyful Game to require or enforce strict performance by you of any provision of these Terms of
Service or the Joyful Game Privacy Policy or failure to exercise any right under them shall not be construed as a
waiver or relinquishment of Joyful Game's right to assert or rely upon any such provision or right in that or any
other instance.
The express waiver by Joyful Game of any provision, condition, or requirement of these Terms of Service or the
Joyful Game Privacy Policy shall not constitute a waiver of any 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 Joyful Game 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 Joyful Game.
11.5. Notices
We may notify you via postings in Game, and via e-mail or any other communications means to contact information
you provide to us.
11.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Joyful Game are of
a unique and irreplaceable nature, the loss of which shall irreparably harm Joyful Game and which cannot be
replaced by monetary damages alone so that Joyful Game 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 Joyful Game 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 any).
11.7. Force Majeure
Joyful Game shall not be liable for any delay or failure to perform resulting from causes outside the reasonable
control of Joyful Game, including without limitation any failure to perform hereunder due to unforeseen
circumstances or cause beyond Joyful Game'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.
12. Contact us
Please feel free to contact us via joyfulgametechltd@gmail.com for any suggestion or assistance.