TERMS OF USE
Updated on May 11,
2020
1. INTRODUCTION
These terms of use (the “Terms”) constitute a binding agreement between you and sun boyang.
Generally, these Terms will guide and govern
your access to and use of sun boyang’s online websites, mobile games, mobile applications
and services (collectively “Services”).
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF
OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU SHOULD
AGREE AND ACCEPT TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME
TO TIME WITH MODIFICATIONS POSTED IN OUR SERVICES OR A NOTICE OF MODIFICATIONS
PROVIDED TO YOU. WE RESERVE THE FULL RIGHTS TO AMEND, MODIFY AND INTERPRETE THE
TERMS AT ANY TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND/OR
ITS ANY MODIFICATIONS, PLEASE STOP TO USE OUR SERVICES.
2. USE LICENSE
Subject to your agreement and continuing
compliance with these Terms, we grant you a limited, revocable, non-exclusive,
non-sublicensable license to access and use our services for your personal and
private use only. This is not a transfer of title, and under this license you
may not:
- distribute, display, sell, transmit,
publish, modify, reproduce, rent, transfer any of our Services or any portion
thereof;
- remove, modify, obscure any copyright, trademark,
or other proprietary notices that have been placed in our Services;
- create any derivative works based upon our Services;
- use any data mining, robots or similar data
gathering or extraction methods;
- attempt to decompile or reverse engineer any
software contained within the Services.
By using our Services, you confirm that (1)
you are at least 18 years old or have reached the minimum age limit if that is
not 18 years old in the jurisdiction you resides, or your parent or guardian
have read these Terms and assents them on behalf of you and monitor your
compliance with them; (2) you are permitted to access and use our Services in
the country where you are a legal resident.
You represent and warrant that your use our
services will be consistent with this license and any other applicable
agreements or policies, and you will not infringe or violate the rights of any
other party or breach any contract or legal duty to any other parties, nor
violate any applicable law. You expressly agree to indemnify the Company
against any liability to any person arising out of your use our services not in
accordance with these terms.
This license shall automatically terminate if
you violate any of these Terms and may be terminated by us at any time at our
sole discretion. Upon terminating your viewing of these materials or upon the
termination of this license, you must destroy any downloaded materials in your
possession whether in electronic or printed format.
3. ACCESS
You must provide at your own expense the
equipment, Internet connections or mobile devices and/or service plans to
access and use our services. We do not guarantee that our Services are
available in all geographic locations. You acknowledge that when You use our Services,
your wireless carrier may charge you fees for data, messaging, and/or other
wireless access.
Check with your carrier to see if there are
any such fees that apply to you. You are solely responsible for any costs You
incur to access our services from your device. Your right to use our services
is also predicated on your compliance with any applicable terms of agreements
you have with third parties when using the services.
4. INTELLECTUAL PROPERTY
Our Services and associated content (and any
derivative works or enhancements of the same) including, but not limited to,
all artwork, text, illustrations, files, images, software, scripts, graphics,
photos, sounds, music, videos, information, content, materials, products,
services, URLs, technology, documentation, and interactive features included
with or available through our Services (collectively, the "Service Content") and all
intellectual property rights to the same are owned by us, our licensors, or
both. Additionally, all trademarks, service marks, trade names and trade dress
that may appear in our Services are owned by us, our licensors, or identified
third parties. Except for the limited use rights granted to you in these Terms,
you shall not claim any right, title or interest in our Services or any Service
Content. Any rights not expressly granted in these Terms are expressly
reserved.
You may provide or display content you
legally owned or possessed through our Services, such as self-made photos,
videos, sounds, context or materials (collectively, the “User Content”), the intellectual property rights of the User
Content will remain owned by you or your licensor, except otherwise guidance
and rules in respect of User Content we set up in our specific Services.
5. SERVICE CONTENT & THIRD-PARTY LINKS
We provide our Services including, without
limitation, Service Content for entertainment and/or promotional purposes only.
You may not rely on any information and opinions expressed through any of our
Services for any other purpose. In all instances, it is your responsibility to
evaluate the accuracy, timeliness, completeness, or usefulness of any Service
Content. Under no circumstances will we be liable for any loss or damage caused
by your reliance on any Service Content.
In many instances, Service Content will
include content posted by a third-party or will represent the opinions and
judgments of a third-party. We do not endorse, warrant and are not responsible
for the accuracy, timeliness, completeness, or reliability of any opinion,
advice, or statement offered through our Services by anyone other than our
authorized employees or spokespersons while acting in their official
capacities.
Our Services may link or contain links to
other websites maintained by third parties. We do not operate or control, in
any respect, or necessarily endorse the content found on these third-party
websites. You assume sole responsibility for your use of third-party links. We
are not responsible for any content posted on third-party websites or liable to
you for any loss or damage of any sort incurred as a result of your dealings
with any third-party or their website.
6. VIRTUAL CURRENCY AND VIRTUAL GOODS
Services may supply virtual currency and virtual
goods for your purchase, which should be subject to a limited license right for
your personal, private, non-commercial, non-transferable use and should be not
redeemable for any sum of money or monetary value from us. The in-app virtual currency
and/or virtual goods may be consumed or lost by players in the course of
gameplay, you should assume such loss by yourself and we do not warrant the
recovery of the loss at any time.
7. INDEMNIFICATION
You agree to indemnify and hold harmless us
and our officers, directors, employees, parents, partners, successors, agents,
distribution partners, affiliates, subsidiaries, and their related companies
from and against any and all claims, liabilities, losses, damages, obligations,
costs and expenses (including reasonable attorneys' fees and costs) arising out
of, related to, or that may arise in connection with: (1) your use of our Services;
(2) User content provided by you; (3) any actual or alleged violation or breach
by you of these Terms of Use; (4) any actual or alleged breach of any
representation, warranty, or covenant that you have made to us; or (5) your
acts or omissions. You agree to cooperate fully with us in the defense of any
claim that is the subject of your obligations hereunder.
8. DISCLAIMER
The
materials within our Services are provided on an 'as is' basis. We make no
warranties, expressed or implied, and hereby disclaims and negate all other
warranties including, without limitation, implied warranties or conditions of
merchantability, fitness for a particular purpose, or non-infringement of
intellectual property or other violation of rights.
Further,
we do not warrant or make any representations concerning the accuracy, likely
results, or reliability of the use of the materials within our Services.
No
advice or information, whether oral or written, obtained from sun boyang or through
the site, services or content, will create any warranty not expressly made
herein.
You
are solely responsible for all of your communications and interactions with
other users of the site or services and with other persons with whom you
communicate or interact as a result of your use of the site or services. You
understand that sun boyang does not screen or inquire into the background of any
users of the site or services, nor does sun boyang make any attempt to monitor or
to verify the statements of users of the site or services. sun boyang makes no
representations or warranties as to the conduct of users of the site or
services or their compatibility with any current or future users of the site or
services. You agree to take reasonable precautions in all communications and
interactions with other users of the site or services and with other persons with
whom you communicate or interact as a result of your use of the site or
services, particularly if you decide to meet offline or in person.
9. LIMITATIONS OF LIABILITY
You
acknowledge and agree that, to the maximum extent permitted by law, the entire
risk arising out of your access to and use of the Services remains with you.
Neither sun boyang nor any other party involved in creating, producing, or
delivering the Services will be liable for any incidental, special, exemplary
or consequential damages, including lost profits, or for any damages for
personal or bodily injury or emotional distress arising out of or in connection
with these Terms or from the use of or inability to use the Services, or from
any communications, interactions or meetings with other users of the Services,
whether based on warranty, contract, tort (including negligence), or any other
legal theory, and whether or not sun boyang has been informed of the possibility of
such damage, even if a limited remedy set forth herein is found to have failed
of its essential purpose. You specifically acknowledge that sun boyang is not
liable for the defamatory, offensive or illegal conduct of other users or third
parties and that the risk of injury from the foregoing rests entirely with you.
Further, sun boyang will have no liability to you or to any third party for any
third-party content uploaded onto or downloaded from the site or through the Services.
If
some jurisdictions do not allow limitations on implied warranties, or
limitations of liability for consequential or incidental damages, these
limitations may not apply to you.
10. TERMINATION
We reserve the right in our sole discretion
and at any time to terminate or suspend your membership and/or block your use
of our Services for any reason including, without limitation if you have failed
to comply with the letter and spirit of these Terms. You agree that sun boyang is
not liable to you or any third party for any termination or suspension of your membership
or for blocking your use of our Services.
Any suspension or termination shall not
affect your obligations to us under these Terms. The terms which by their
nature should survive the suspension or termination.
11. PRIVACY
With regard to the treatment of personal data
may be involved in our Service, please see sun boyang’s Privacy Policy (www.sites.google.com/site/sunboyang2).
12. GOVERNING LAW AND DISPUTES RESOLUTION
Except to the extent that: (1) any applicable
additional terms incorporated into these Terms provide differently, or (2) the
applicable laws and regulations of your jurisdiction mandate otherwise, the
Agreement and any dispute or claim arising out of or in connection with the
Agreement will be governed by the laws of the Hong Kong Special Administrative
Region in the People's Republican of China.
Any dispute, controversy or claim (whether in
contract, tort or otherwise) arising out of, relating to, or in connection with
the Agreement, including their existence, validity, interpretation,
performance, breach or termination, will be referred to and finally resolved by
arbitration administered by the Hong Kong International Arbitration Centre (HKIAC),
and the place of arbitration shall be in Hong Kong. Within the valid period for
the arbitration, such arbitration tribunal shall subject to the arbitration
rules of the HKIAC in effect at the time of the arbitration. The award of the
arbitration tribunal shall be final and binding upon the two parties.
13. MISCELLANEOUS
No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.
Except where specifically stated otherwise,
if any part of these Terms is unlawful or unenforceable for any reason, we both
agree that only that part of the Terms shall be stricken and that the remaining
terms in the Terms of Use shall not be affected.
These Terms constitute the entire agreement
of the parties with respect to the subject matter hereof, which supersede all
previous written or oral agreements between us with respect to such subject
matter.
You may not assign these Terms or assign any
rights or delegate any obligations hereunder, in whole or in part, without our
prior written consent. Any such purported assignment or delegation by you
without the appropriate prior written consent will be null and void and of no
force and effect. We may assign these Terms of Use or any rights hereunder
without your consent and without notice.
14. CONTACT INFORMATION
If you have any questions, feedback,
complaints or claims with respect to our Services, you may contact us at
jewelblastmatch@gmail.com.