USE OF THE KING OF WORLDS WEBSITE, SEVEN SENSES WEBSITE OR SERVICES AND BY ACCESSING OR USING THE SERVICE SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT
Welcome to KING OF WORLDS mobile game application (the “Game”). The Portal includes two components: (a) the mobile application along with any accompanying materials or documentation (collectively, the "App"), and (b) Seven Senses Game Company Limited (hereafter referred as “Seven Senses” or “We” or “Us”)’s proprietary game online service (the "Service"). All use of the App and the Service is governed by the terms and conditions contained in the Agreement, including any future revisions. Any use of the App or the Service not in accordance with the Agreement is expressly prohibited.
Seven Senses may make changes to the Agreement. When we make material changes to the Agreement, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully and it is your responsibilities to regularly check for any changes. If you do not wish to continue using the Service under the new version of the Agreement, you may terminate your account.
1. Registration and Account
1.1 You may create an account on the Service (the “Account”). By creating an Account, you confirm that you are an adult and not a minority as defined under the laws of your country of residence.
1.2 You may not establish more than one account on the Portal. To establish an account, you will be required to provide Seven Senses with certain personal information. Your failure to supply accurate information to Seven Senses when requested, or to update that information as it changes, shall constitute a material breach of this Agreement.
1.3 During the registration process, you will be required to select a username and a password that are unique to the Account (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must change your password as soon as possible and notify us immediately.
2. Access Requirement
2.1 You acknowledge and agree that you are responsible for acquiring your own internet connection and are responsible for the cost of all telephone and internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Service.
3.1 All rights and title in and to the App and the Service (including without limitation any user accounts, data collected from the user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the App, transcripts of the chat rooms, character profile information, recordings of games played on the App, and the App client and server software) are owned by Seven Senses. The App and the Service are protected by Hong Kong and international laws. The App and the Service may contain certain licensed materials, and Seven Senses may enforce their rights in the event of any violation of the Agreement.
3.2 You acknowledge the App and the Game and the content used in and in connection with the App and the Game is protected by copyrights, trademarks, and other proprietary rights owned by Seven Senses, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in this Agreement.
3.3 You further acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Seven Senses.
4. Rights You Grant Us
4.1 In consideration for the rights granted to you under the Agreement, you grant us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the Service, and (2) to provide advertising and other information to you.
4.2 When the App is running, Seven Senses may obtain certain identification information about your device and its operating system, including without limitation your IP address(es). For purposes of improving the App and the Service, and to enforce the provisions of the Agreement, Seven Senses may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. Seven Senses may also use or disclose your personal information if Seven Senses believes that doing so may protect your safety or the safety of others.
4.3 The App may also monitor your device for unauthorized third-party programs running concurrently with Game. An “Unauthorized Third-Party Programs” is referred to here as any third-party software, including without limitation any “addon” or “mod” that in Seven Senses’ sole determination: (a) enables or facilitates cheating of any type; (b) allows users to modify or hack the Game’s interface, environment, and/or experience in any way not expressly authorized by Seven Senses; or (c) intercepts, “mines” or otherwise collects information from or through the App. In the event that the program detects an Unauthorized Third-Party Program, the App may communicate information back to Seven Senses, including without limitation your account name, time and date the Unauthorized Third-Party Program was detected and details of the Unauthorized Third-Party Program detected.
5. Code of Conduct
5.1 Your use of the App and the Service is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by Seven Senses, must be adhered to by all users. The following rules are not meant to be exhaustive, and Seven Senses reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Seven Senses reserves the right to modify this Code of Conduct at any time.
5.2.1 Only Seven Senses has the right to host the Game. You may not host or provide matchmaking services for the Game, or intercept, emulate or redirect the proprietary communication protocols used by Seven Senses in connection with the App, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the App, adding unauthorized components to the App, or using a packet sniffer while the App is running.
5.2.2 You agree that you will not:
(a) modify or cause to be modified any files that are a part of the App or the Service;
(b) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the Game’s experience;
(c) use any third-party software that intercepts, "mines", or otherwise collects information from or through the App or the Service;
(d) remove or alter any copyright, trademark, or other intellectual property notices contained in the App or the Service or provided through the Service;
(e) facilitate, create or maintain any unauthorized connection to the App or the Service; or
(f) disrupt or assist in the disruption of (i) any computer used to support the Service or (ii) any other player's experience
5.2.3 Seven Senses reserves the exclusive right to create derivative works based on the App and the Service. You may not create derivative works based on the App and the Service without Seven Senses’ prior written consent.
5.2.4 Notwithstanding the foregoing, you may update the App with authorized patches and updates distributed by Seven Senses, and Seven Senses may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
5.3 Rules Related to Usernames, Character and Guild Names
5.3.1 Each user will create a character name within the Program. Additionally, users may form "guilds" and such guilds will be required to choose a name for the guild. When you create a character name, create a guild, or otherwise create a label that can be seen by other players using the App, you must abide by the following rules.
5.3.2 If Seven Senses finds such a name, guild or label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the App or the Service In particular, you may not use any name that:
(a) is offensive, abusive, defamatory, obscene, pornographic, threatening, racially, ethnically or otherwise objectionable;
(b) is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Seven Senses or a third party;
(c) includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
(d) is intended to or does harass or bully other users;
(e) belongs to another person with the intent to impersonate that person;
(f) subject to the rights of any other person or entity without written authorization from that person or entity;
(g) belongs to a popular culture figure, celebrity, or media personality;
(h) contains, or is substantially similar to a trademark or service mark, whether registered or not;
(i) belongs to any religious figure or deity;
(j) takes from Seven Senses' game products;
(k) relates to drugs, sex, alcohol, or criminal activity;
(l) comprises of partial or complete sentence;
(m) comprises of gibberish;
(n) refers to pop culture icons or personas;
5.3.3 You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
5.3.4 You acknowledge and agree that any breach of this clause may result in immediate termination or suspension of your account.
5.3.5 You also agree that Seven Senses may reclaim your username for any reason.
5.4 Rules Related to "Chat Area" and Interaction with Other Users
5.4.1 Communicating with other users and Seven Senses representatives is an integral part of the Game and the Service and is referred to here as "the Chat Area." You acknowledge that Seven Senses is under no obligation to monitor your chat session but your chat sessions may be subject to monitoring, logging, review, modification, disclosure, and/or deletion by Seven Senses without notice to you.
5.4.2 Seven Senses has no responsibility for your choices to post material in the Chat Area and you engage in a chat at your own risk and remain solely responsible for the content you post in the Chat Area. Seven Senses do not endorse and are not responsible for any content shared or posted in the Chat Area and for the consequence of such sharing or posting.
5.4.3 When engaging in a chat, you may not:
(a) transmit or post any content or language which, in the sole and absolute discretion of Seven Senses, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above.;
(b) carry out any action with a disruptive effect, such as intentionally causing the chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of chat;
(c) disrupt the normal flow of dialogue of chat or otherwise act in a manner that negatively affects other users;
(d) involve commercial or sales activities, such as advertising, promotions, contests;
(e) send repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages;
(f) use bots or other automated techniques to collect information;
(g) encourage conduct that would constitute a criminal offense or give rise to civil liability;
(h) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(i) communicate or post any user’s personal information in the App or the Game, or on websites or forums related to the App or the Game, except that a user may communicate his or her own personal information in a private message directed to a single user.
(j) harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Chat Area.
(k) impersonates any person, business, or entity, including without limitation any "game master" or any other Seven Senses’ agent or employee, nor may you communicate in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Seven Senses’ agent or employee.
5.4.4 You acknowledge and agree that any breach of this clause may result in immediate termination or suspension of your account.
6. Ownership/Selling of the Account or Virtual Items
6.1 Seven Senses does not recognize the transfer of Account. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.
6.2 Seven Senses owns, has licensed, or otherwise has rights to all of the content that appears in the App and the Game. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service.
6.3 Seven Senses does not recognize any virtual property transfers executed outside of the Game or the purported sale, gift or trade in the "real world" of anything related to the Game. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Game.
7. Services Limitations and Modifications
7.1 Seven Senses does not guarantee that it will continue to offer access to the Service or support the Game.
7.3 Seven Senses reserves the right, periodically and at any time, to add, change, modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you.
7.4 Seven Senses reserves the right to execute any restoration, modification, adjustment on any contents belongs to the App and the Game, including but not limited to the virtual items, currency, characters, abilities, by any reason and/or situation.
8.1 The Agreements will continue to apply to you until terminated by either you or Seven Senses. Seven Senses may terminate the Agreement or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Agreement, or if we withdraw Services.
8.2 You may terminate this Agreement at any time by terminating the Account and deleting the App.
8.3 If you or Seven Senses terminate the Agreement, or if Seven Senses suspends your access to the Service, you agree that Seven Senses shall have no liability or responsibility to you and may forfeit your right to any and all payments you may have made for pre-purchased game points or material pertaining to the App and, and Seven Senses will not refund any amounts which were pre-paid on behalf of the Account that you have already paid prior to any termination of this Agreement
9. Warranty Disclaimer
9.1 YOU ACKNOWLEDGE AND AGREE THAT THE APP OR THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SEVEN SENSES MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 SEVEN SENSES ALSO MAKES NO WARRANTY THAT THE APP OR THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SEVEN SENSES MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SEVEN SENSES IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SEVEN SENSES SHALL CREATE ANY WARRANTY ON BEHALF OF SEVEN SENSES.
10. Limitation of Liability
10.1 YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL APP AND TO STOP USING THE SERVICE
10.2 YOU AGREE THAT SEVEN SENSES HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SEVEN SENSES, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.
10.3 IN NO EVENT WILL SEVEN SENSES, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RELATED TO (I) THE SERVICE; (II) ANY CONTENT ON THE SERVICE; (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (V) ANY SECURITY BREACH OR VIRUS, EVEN IF FORESEEABLE OR EVEN IF SEVEN SENSES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (C) THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER PROFILE INFORMATION STORED BY THE GAME(S) OR (D) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
10.4 YOU ACKNOWLEDGE THAT SEVEN SENSES SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. Force Majeure
11.1 Seven Senses shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Seven Senses, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Seven Senses 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. Entire Agreement
12.1 The Agreement constitutes all the terms and conditions agreed upon between you and Seven Senses and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
13. Severability and Waiver
13.1 Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
13.2 Any failure by Seven Senses to enforce the Agreement or any provision thereof shall not waive Seven Senses right to do so.
14.1 Seven Senses may assign the Agreement and any of its rights under the Agreement, in whole or in part, and Seven Senses may delegate any of its obligations under the Agreement.
14.2 You may not assign the Agreements, in whole or in part, nor transfer or sublicense your rights under the Agreements, to any third party.
15.1 You agree to indemnify and hold Seven Senses harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to: (a) your breach of the Agreement; (b) any content you post or otherwise contribute in the Chat Area; (c) any activity in which you engage on or through the Service; and (d) your violation of any law or the rights of a third party.
16. Equitable Remedies
16.1 In the event that you breach this Agreement, you hereby agree that Seven Senses would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Seven Senses shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Seven Senses may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, reasonable attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
17. Governing Law and Jurisdiction
17.1 The Agreement (and any non-contractual disputes/claims arising out of or in connection with them) is subject to the laws of Hong Kong, without regard to choice or conflicts of law principles. Further, you and Seven Senses agree to the jurisdiction of the courts in Hong Kong to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes/claims relating to or arising in connection with them)