These Terms and Service (hereinafter referred to as “these Terms” or “Terms”) is entered into by and between you (hereinafter referred to as "you" or "User") and SPARKGAME COMPANY LIMITED with registered office at [25/80/22 Bui Quang La, Ward 12, Ho Chi Minh, Ho Chi Minh Viet Nam] (hereinafter referred to as "SPARKGAME", "we", "us" or "our") in relation to our Spark Games and any related services (together referred to as our "Service"). You agree that by accessing and/or playing our Game, you are binding to these Terms. In addition, when using our Service, you may be subject to any posted guidelines or rules applicable to such Game Account which may be posted from time to time.
[Attention] Please carefully read all the following content (ESPECIALLY THE HIGHLIGHTED CONTENT IN BOLD, SUCH AS ARTICLE 3 CHANGE OR SUSPENSION OF SERVICES, ARTICLE 7 DISCLAIMER, ARTICLE 10 GUARANTEE, ARTICLE 11 END OF SERVICES, ARTICLE 14 GOVERNING LAW AND JURISDICTION, ARTICLE 15 DECLARATION OF RIGHTS, ARTICLE 16 SPECIAL PROVISIONS). If the user disagrees with any content of these service terms, please do not register or use the Services provided by us. If the user enters the registration program and checks "I have read and agreed to the Terms and Service ", it means that the user and we have reached an agreement and voluntarily accept all the contents of this service terms. Afterwards, users shall not make any form of defense by not reading the content of these service terms.
1.1 We use our own operating system to provide users with various services through the international internet. Users must:
(1) Provide devices such as personal computers, mobile phones, or other internet devices.
(2) Personal internet access and payment of fees related to the Services.
1.2 Considering the importance of the Services, the user agrees that:
(1) Provide personal information in a timely, detailed, and accurate manner.
(2) Continuously updating registration information in time. The registration information includes the user's account, password, and all information entered when registering or updating the registration information. We remind that, the ID information filled in by the user when registering an account cannot be updated, please fill in your registration information carefully.
IF THE INFORMATION PROVIDED BY THE USER TO US IS INACCURATE, UNTRUE, ILLEGAL, OR INVALID, WE RESERVE THE RIGHT TO TERMINATE VARIOUS SERVICES FOR USER. The user agrees that the true and accurate registration information provided by them shall serve as the only evidence to determine the association between the user and their game account, as well as their identity.
The user agrees that all information, data, and records related to their game account (including but not limited to login records, post login behavior, change operating, etc.) shall be based on our system data.
If you need to change the user's personal information (including basic and confidential information), you can contact us.
(3) The user can cancel the account by consulting customer service if necessary. In order to improve account security, we need to obtain more account information to facilitate verification of whether to submit a cancellation request for the account owner. YOU CLEARLY UNDERSTAND AND AGREE THAT AFTER YOUR ACCOUNT IS CANCELLED, ALL GAME PROFITS UNDER YOUR ACCOUNT MAY NOT BE RETAINED.
1.3 THE MINIMUM AGE TO CREATE A SPARK ACCOUNT IS 13. Insofar as certain countries or platforms apply a higher age of consent for the collection of personal data, we require parental or guardian consent before an account is created and personal data associated with it is collected.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
1.4 You agree to monitor the account and any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, including any use of your credit cards or other payment or settlement instruments or devices by minors.
We have the right to modify the Terms and the relevant terms of each individual service through reasonable means such as posting notices on the website if necessary. When enjoying various services, users should promptly review and understand the modified content, and consciously abide by the Terms and the relevant terms of the individual service. If the user continues to use the services covered by the Terms, it shall be deemed as their consent to the modified content; Users have the right to stop using the Services covered by the Terms if they do not agree to modify the content.
WE RESERVE THE RIGHT TO CHANGE OR SUSPEND THE SERVICE AT ANY TIME. THE USER AGREES THAT WE HAVE THE RIGHT TO EXERCISE THE ABOVE RIGHTS WITHOUT ASSUMING ANY RESPONSIBILITY TO THE USER OR THIRD PARTIES.
We will process and protect users' personal information in accordance with the provisions of the Privacy Policy. Users should carefully read and fully understand the Privacy Policy before using our Services. If the user does not agree to the content of the Privacy Policy, it may result in our Services not functioning properly or failing to achieve the intended service effect. The user's use or continued use of the Services indicates that the user fully understands and agrees to all contents of the Privacy Policy (including updated versions).
Once the user successfully registers, the user will receive a password and account. IF THE USER FAILS TO KEEP THEIR ACCOUNT AND PASSWORD PROPERLY AND CAUSES DAMAGE TO THE USER, SPARKGAME, OR THIRD PARTIES, THE USER WILL BE FULLY RESPONSIBLE. IN ADDITION, EACH USER IS FULLY RESPONSIBLE FOR ALL ACTIVITIES AND EVENTS IN THEIR ACCOUNT. Users can change their password and icon at any time, or they can cancel their old account and reopen a new one. The user agrees to immediately notify us if any illegal use of the user account or security vulnerabilities are discovered.
THE USER EXPLICITLY AGREES THAT THE RISK OF USING THE SERVICE SHALL BE BORNE BY THE USER PERSONALLY. OUR SPARK ACCOUNT AND SERVICES ARE PROVIDED TO USERS IN AN "EXISTING" STATE, AND WE EXPLICITLY STATE THAT WE DO NOT PROVIDE ANY TYPE OF GUARANTEE, WHETHER EXPLICIT OR IMPLICIT. We do not guarantee that the Service will meet the requirements of users, nor do we guarantee that the Service will not be interrupted. We do not guarantee the timeliness, security, authenticity, or occurrence of errors in the Service. We refuse to provide any guarantee, including whether the information can be accurately, timely, and smoothly transmitted.
WE ARE NOT RESPONSIBLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM IMPROPER USE OF THE SERVICES, PURCHASE OF SIMILAR SERVICES ONLINE, CONDUCT TRANSACTIONS ONLINE, ILLEGAL USE OF SERVICES, OR CHANGES IN INFORMATION TRANSMITTED BY USERS. THESE DAMAGES CAN LEAD TO DAMAGE TO OUR IMAGE, SO WE HAVE ALREADY RAISED THE POSSIBILITY OF SUCH DAMAGE.
WE ARE NOT RESPONSIBLE FOR SERVICE INTERRUPTION, LOSS OF SMS CONTENT SENT BY USERS, GARBLED CODE, INCORRECT RECEPTION, FAILURE TO RECEIVE AND DELAYED ACCEPTANCE CAUSED BY THE FAULT, TECHNICAL DEFECT AND COVERAGE LIMIT OF THE MOBILE COMMUNICATION NETWORK OF DOMESTIC AND FOREIGN BASIC TELECOM OPERATORS, FORCE MAJEURE, COMPUTER VIRUS, HACKER ATTACK, USER LOCATION, DEVICE SHUTDOWN OR OTHER REASONS BEYOND OUR TECHNICAL ABILITY INVOLVED IN THIS SERVICE.
The user promises that without our consent, they cannot use various services for sales or other commercial purposes.
USERS INDEPENDENTLY ASSUME RESPONSIBILITY FOR THEIR PUBLISHED CONTENT. USERS MUST COMPLY WITH ALL LOCAL, NATIONAL, AND INTERNATIONAL LAWS APPLICABLE TO THE SERVICE WHEN USING IT. User commitment:
(1) When users publish information on our website or utilize our Services, they must also comply with the laws and regulations of other relevant countries and regions, as well as relevant provisions of international law.
Regarding to such Content, you agree to comply with applicable laws and to the following:
(a) You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
(b) You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(c) You will not provide Content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(d) You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) You will not provide any Content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party; and
(f) You will not provide any Content that contains anything that, in the sole determination of us, is objectionable or inhibits any other person from using or enjoying the Game, or which may expose us or other users to any harm or liability of any kind.
(2) Users are not allowed to use our Services for the following activities:
(a) Entering computer information networks or using computer information network resources without permission;
(b) Deleting, modifying, or adding computer information network functions without permission;
(c) Deleting, modifying, or adding data and application programs stored, processed, or transmitted in computer information networks without permission;
(d) Deliberately making and spreading destructive programs such as computer virus;
(e) Other behaviors that endanger the security of computer information networks.
(4) Users are not allowed to interfere with our Services in any way.
(5) Users are not allowed to abuse our Services, including but not limited to: using our provided email service to send spam, and using the service to engage in other activities that infringe on others' intellectual property or legitimate interests.
(6) Users should comply with all our other regulations and procedures.
Users must bear legal responsibility for their actions during the use of the Service. The forms of legal liability borne by users include but are not limited to: compensation for the infringed party, and after we first bear the administrative penalty or infringement damages caused by the user's behavior, the user should provide us with equal compensation.
THE USER AGREES TO BE RESPONSIBLE FOR PAYING LEGAL FEES CAUSED BY THE USER'S USE BEYOND THE SCOPE OF THE SERVICE AND COMPENSATION FEES FOR DAMAGES IN VIOLATION OF THE SERVICE TERMS.
IF USERS OR OTHER NETWORK SERVICE PROVIDERS USE OUR SERVICES TO INFRINGE UPON THE CIVIL RIGHTS AND INTERESTS OF OTHERS, THEY SHALL BEAR LEGAL LIABILITIES SUCH AS INFRINGEMENT.
IF USERS USE OUR SERVICES TO COMMIT INFRINGEMENT, THE INFRINGEE HAS THE RIGHT TO NOTIFY US TO TAKE NECESSARY MEASURES SUCH AS DELETION, BLOCKING, AND DISCONNECTION OF LINKS.
USERS CAN FREELY DECIDE WHETHER TO TERMINATE THE ACCEPTANCE OF OUR SERVICES. WE HAVE THE RIGHT TO TERMINATE THE PROVISION OF ONE OR MORE SERVICES TO USERS WITHIN THE PERMISSION BY LAW. WE WILL PROVIDE ADVANCE NOTICE IN ACCORDANCE WITH LEGAL PROVISIONS. THE USER UNDERSTANDS AND AGREES THAT SERVICE CHANGES, SUSPENSIONS, AND TERMINATIONS ARE PART OF OUR BUSINESS DECISIONS. THE USER UNDERSTANDS AND RESPECTS IT.
All notifications sent to users can be transmitted through email, regular letters, or prominent announcements on the website. We will use one of the above methods to convey messages to users, informing them of modifications to service terms, service changes, or other important matters. In addition, you agree that we can send personalized recommendation information or commercial advertisements through your phone, email, and other contact methods. If you do not want to receive such information, you can contact us at any time to unsubscribe.
Our Services and Content are protected by copyright, trademark, and any other applicable laws. Except as expressly provided in these Terms, we and our licensors exclusively own all right, title and interest in and to our Services and Content, including all associated copyrights, patents, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”).
We will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or Content.
UNLESS OTHERWISE STIPULATED BY APPLICABLE LAWS, THESE TERMS SHALL BE GOVERNED BY THE LAWS OF HONG KONG, AS AN AGREEMENT WHOLLY PERFORMED, NEGOTIATED AND EXECUTED THEREIN WITHOUT REGARD TO HONG KONG’S CONFLICT OF LAW RULES. ANY DISPUTES RELATING IN ANY WAY TO OR ARISING UNDER OR OUT OF YOUR USE OF THE GAME OR THE USER AGREEMENT SHALL BE BINDING UPON THE ARBITRATION HELD BY THE CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION (“CIETAC”) HONG KONG ARBITRATION CENTER. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN CIETAC.
OUR FAILURE TO EXERCISE, FAILURE TO EXERCISE IN A TIMELY MANNER, OR FAILURE TO FULLY EXERCISE OUR RIGHTS UNDER THIS TERMS OR IN ACCORDANCE WITH LEGAL PROVISIONS SHALL NOT BE DEEMED A WAIVER OF SUCH RIGHTS, NOR SHALL IT AFFECT OUR FUTURE EXERCISE OF SUCH RIGHTS.
(1) The ownership of the game account belongs to us, and the right of use is limited to the registered user's personal use. Users are prohibited from sharing or authorizing any third party to use it. ANY FORM OF PERSONAL USE BY NON REGISTERED USERS, SUCH AS ACCOUNT SHARING, LEASING, OR TRADING, SHALL BE CONSIDERED A VIOLATION, AND WE HAVE THE RIGHT TO BAN, RECYCLE, OR CANCEL THE ACCOUNT. The property or rights that may exist in the account shall be used to offset the user's penalty and offset. We do not need to return any property to users.
(2) If users encounter recharge disputes during the use of our Services, we can contact relevant customer service to handle the payment. However, recharge orders that are not received by us need to be processed by the corresponding recipient merchant, and we are not the recipient and cannot process them. The user is aware of and acknowledges this.
(3) You agree that we may transfer all or a part of our rights or obligations under these Terms to a third party upon prior notice to you.
(4) These Terms sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
(5) If, but only to the extent that, any provision of these Terms is declared or found to be illegal, unenforceable, or void, then should be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, meanwhile the remainder of these Terms is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
(6) If you have any further question on this Terms and Service, please contact us by services@raindewstudio.com.