1.1.The User Agreement (“Agreement”) is a legal Agreement between you (user) and BLUEPOCH GAMES CO., LIMITED (“we”, “us”, “our”, “BLUEPOCH”, as appropriate) regarding the Services you use from us. Please read this Agreement carefully. Important terms and conditions (e.g. refunds, compensation, dispute resolution terms) will be indicated by bolded terms and conditions.
1.1.1. You agree to Article 11 "Applicable Law and Dispute Resolution" and you agree the arbitration agreements and class action waivers are binding.
1.1.2. You agree that you use our Services at your own risk and that our liability to you is limited.
1.1.3. You agree to install our anti-cheat software and that the license granted to you under this Agreement will automatically terminate if you remove or disable the cheat monitoring feature of the formation.
1.2.You agree that your accept of our service or use of the game acknowledges that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree to part or all of the terms of this Agreement, you may terminate your use of your game account at any time.
1.3.You represent and warrant that you are an adult and are either accepting this Agreement on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority In your country of residence, you must obtain the necessary permission in the form required by law from your legal guardian or other legal representatives.
1.5.BLUEPOCH reserves the right to amend, modify or revise this Agreement and other related Game Terms at any time and you agree to check periodically for new terms. Please note that your continued use of the BLUEPOCH Services shall constitute your acceptance to be bound by the newly updated Agreement and other related Game Terms.
2.Account and password
2.1.In order to use the BLUEPOCH Services, you need to register for the appropriate game account.
2.2.In order to register for the appropriate game account, you need to accept our Game Terms and be an adult in your country of residence and you are not an individual specifically prohibited by us from using the BLUEPOCH Services. If you are a minor, your legal guardians or other legal representatives have read and agreed to this agreement on your behalf and you will need to register for the appropriate game account with the consent and supervision of your legal guardian.
2.3.You acknowledge and agree not to use a nickname which is offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. In addition, we reserve the right to terminate your user status or user account; and if, in our judgment, your nickname (or use of a nickname) is offensive and violates other provisions of the User Agreement, we have the right to require you to change an acceptable nickname.
2.4.We do not recommend that you use your real name when creating a nickname, or that you disclose your real personal information to any third parties. You acknowledge and agree to promptly update your personal data and keep your personal data accurate, up to date, and complete.
2.5.You are responsible for ensuring the security and confidentiality of your account (including, but not limited to, email addresses, passwords or other relevant account information). Each account is unique and important to each user. You may not transfer or otherwise make your account information available to third parties, nor may you use another user's account at any time. If you breach the foregoing, BLUEPOCH reserves the right to take action , including, but not limited to, the right to immediately terminate your account without refund.
3.1.The Game may, from time to time, feature virtual goods. Virtual goods include but are not limited to in-game currency used in the game, character skins, experience enhancements, equipment and other in-game character customisation, and other such digital add-ons that can improve your gaming experience in some way (collectively, “Virtual Goods”). You acknowledge and agree that there is no trading of physical goods in the game.
3.2.You may "earn” Virtual Goods within the Game in various ways, or we may allow you to "purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
3.3.Virtual Goods are licensed to you by BLUEPOCH, not sold. You do not have any real-world property rights over the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and non-sublicensable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only, and we may terminate your license at any time and at our sole discretion. You have no right, title, interest, or ownership in or to any Virtual Goods. Except for the limited license grant described above, BLUEPOCH reserves and retains all other right, title, interest, ownership or otherwise, in and to the Virtual Goods.
3.4.To improve your gaming experiences, provide updates and for any reason that BLUEPOCH deemed necessary, BLUEPOCH has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and BLUEPOCH shall have no liability to you or anyone else for these actions without prior notice.
3.5.Virtual Goods have no monetary value in real world, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for "real” money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this Agreement, other related Game Terms or otherwise permitted in the gameplay.
3.6.BLUEPOCH reserves the right to modify the price for Virtual Goods and other conditions to obtain Virtual Goods, and you acknowledge and agree that the conditions to obtain Virtual Goods in the game are not fixed.
3.7.Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
4.Protection of Personal Data
5.Rules of Conduct
You agree to be responsible for your actions and words. We reserve the right, but are not obligated, to mediate, resolve, or otherwise get involved in disputes between users.
5.1.While participating in the Game, you also agree to comply with certain rules of conduct that govern your use of the Game (“Rules of Conduct”), for example you may not:
5.1.1.Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, tradition, or social ethics etc. Spread hate speech.
5.1.2.Disrupt the flow of chat in chat windows and other communication interface with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding .
5.1.3.Impersonate another person (including celebrities), indicate falsely that you are a BLUEPOCH employee or a representative of BLUEPOCH, or attempt to mislead other users by indicating that you represent BLUEPOCH or any of BLUEPOCH’s partners or affiliates.
5.1.4.Attempt to get a password, access information, or other private information from any other users.
5.1.5.Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game and software.
5.1.6.Upload files that contain a virus or corrupted data. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage.
5.1.7.Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
5.1.8.Improperly use web support or complaint buttons or make false reports to BLUEPOCH staff.
5.1.9.Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
5.1.10.Modify any part of the BLUEPOCH Services that BLUEPOCH does not specifically authorize you to modify.
5.1.11.Post or communicate any user’s real-world personal information using a BLUEPOCH Services.
5.1.12.Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a BLUEPOCH Services.
5.1.13.Attempt to use BLUEPOCH Software on or through any service that is not controlled or authorized by BLUEPOCH.
5.1.14.Exploit the Game or any of its parts thereof or BLUEPOCH Servicess, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual goods or resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
5.1.15.Interfere with the ability of others to enjoy BLUEPOCH Services or take actions that interfere with or materially increase the cost to provide a BLUEPOCH Services for the enjoyment of all its users.
5.1.16.Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
5.1.17.Reverse engineer, decompile or disassemble all or any portion of the Game.
5.1.18.Facilitate, create or maintain any unauthorized connection to the Game, including without limitation any connection using programs or tools not expressly approved by BLUEPOCH;
5.1.19.Sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the Game, or sell, exchange trade, give, convert, redeem or otherwise transfer Virtual Goods inside the Game, except as expressly permitted by this Agreement, other related Game Terms or otherwise permitted in the gameplay.
5.1.20.You specifically promise not to cyberbully others in the course of the Game Services.
5.1.21.Use the Game Service for political purpose or disseminate related information to others in the process of using the Services.
5.1.22.use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
5.1.23.allow or assist any third party to do any of the above.
5.2.This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Game (whether or not such third parties are registered users of the Game) and for the employees and representatives of BLUEPOCH. You must also obey the laws and regulations of your country or region of residence, regulations and rules that apply to your activities when you use the Game. BLUEPOCH reserves the right to terminate this Agreement and to prevent your use of any and all BLUEPOCH Services if your Access is used to engage in illegal activity, violates these rules of conduct, or otherwise any Game Terms.
5.3.If you engage in any of the above prohibited activities, we are entitled to take certain punitive measures concerning your violation, include but not limited to:
5.3.1.a warning; and/or
5.3.2.block from posting, content reset; and/or
5.3.3.reducing or limiting your game's virtual goods reward, including but not limited to the improvement of all the data related to the game's character growth and upgrade (such as experience value, honor value, reputation value, etc.) and the obtaining of game props, equipment, virtual currency and other virtual items; and/or
5.3.4.deleting or canceling your game account, Game Data or other game related information; and / or
5.3.5.forcing you to quit the entire game, or a single battle in the game, or other game behavior you are working on; and / or
5.3.6.restricting, suspending or terminating your use of Game and related services, or unilaterally notifying you of the termination of this Agreement; and / or
5.3.7.suspending, modifying or terminating your access to and use of the Services, including any games, virtual goods and content, to the maximum extent consistent with applicable law; and/or
5.3.8.other punitive measures that are announced through game rules (including but not limited to player regulations, game announcements, tips and notices).
6.BILLING, PAYMENT AND OTHERS
6.1.When you provide payment information to BLUEPOCH, you represent to BLUEPOCH that you are the authorized user of the card or account associated with that payment, and you authorize us to charge your account or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
6.2.You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, BLUEPOCH may terminate your access to your Account.
6.3.As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account. If you have outstanding charges, you will not be able to cancel the account.
6.4.BLUEPOCH may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Service or other fees that you may pay to BLUEPOCH. BLUEPOCH makes no representation or warranty that any service offered via third-party vendors will not change or be suspended or terminated.
6.5.You are responsible for any internet connection fees and devices fees that you incur when using and participating.
6.6.EU/UK Right of Withdrawal and Refunds
6.6.1.European Union and UK customers have a right of withdrawal from certain transactions under the terms of their respective laws. BLUEPOCH offers refunds.
6.6.2.European and UK law principally provides a right of withdrawal on software sales. However, it can be and typically is excluded for boxed software that has been opened and for digitally provided content once it is provided to the end user.
6.6.3.YOU KNOW AND AGREE THAT, BEFORE READING THIS Agreement AND USING THE SERVICES, YOU HAVE FULLY UNDERSTOOD THE REFUND POLICY AND AGREE TO WAIVE THE RIGHT TO REFUND.
6.7.YOU MAY FROM TIME TO TIME MAKE PAYMENTS TO US OR OTHER THIRD PARTIES IN RELATION TO THE LICENSED ITEMS. YOU AGREE THAT YOU WILL COMPLY WITH, ALL TERMS AND CONDITIONS OF THE RELEVANT PAYMENT SERVICE (WHETHER THAT PAYMENT SERVICE PROVIDER IS US OR A THIRD PARTY). YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL FEES ASSOCIATED WITH ANY LICENSED ITEMS.
6.8.THE SPECIFIC CHARGING ITEMS OR CHARGING RATES OF THE SERVICES ARE SUBJECT TO THE OFFICIAL INFORMATION RELEASED BY US. WE ARE ENTITLED TO CHANGE OR ADJUST THE CHARGING ITEMS OR CHARGING RATES AT OUR OWN DISCRETION FOR THE IMPROVEMENT OF OUR GAME ENVIRONMENT AND SERVICES.
6.9.YOU AGREE THAT WHEN YOU USE GAME SERVICE, ANY PURCHASE YOU MAKE IS A WELL-CONSIDERED AND RATIONAL PURCHASE, AND IF YOU ARE MINOR, YOU ARE SURE THAT YOU HAVE OBTAIN THE CONSENT AND CONFIRMATION FROM YOUR LEGAL GUARDIAN or other legal representatives BEFORE YOU MAKE YOUR PAYMENTS. ANY PAYMENTS YOU MAKE TO US IN EXCHANGE FOR YOUR USE OF ANY LICENSED ITEMS IS FINAL AND NON-REFUNDABLE, EXCEPT OTHERWISE AGREED BY YOU AND US OR REQUIRED BY APPLICABLE LAWS AND REGULATIONS.
7.1.This Agreement or other related Game Term is effective from the earlier of the date you purchase, download, use our Game or accept BLUEPOCH Services, until terminated according to its terms. Both you and BLUEPOCH (or its licensors) may terminate this Agreement at any time for any reason or for no reason. Termination by BLUEPOCH will be effective upon notice to you, termination or deletion of your Account (if any), or BLUEPOCH’s decision to permanently discontinue offering and/or supporting the Game, Service, which it may do at any time in its sole discretion. You may terminate this Agreement (and consequently, your Account (if any)) at any time by notifying BLUEPOCH at the email address noted in article 13.
7.2.You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this Agreement for any reason, weather such termination was voluntary or involuntary, except as required by law or as expressly provided in Game Terms or other·wise required by applicable laws.
7.3.BLUEPOCH reserves the right to collect fees, surcharges or costs incurred before you terminate this Agreement.
8.Disclaimers & Indemnification
This Section shall survive termination of this Agreement.
8.1.Limitations on Warranty & Liability
8.1.1.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER BLUEPOCH Services, BLUEPOCH SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK.
8.1.2.THE GAME, BLUEPOCH Services, BLUEPOCH SOFTWARE, CONTENT, BLUEPOCH’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW.
8.1.3.BLUEPOCH PROVIDES THE GAME AND BLUEPOCH Services ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE BLUEPOCH Services AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BLUEPOCH WILL HAVE ADEQUATE CAPACITY FOR BLUEPOCH Services AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE BLUEPOCH Services WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
8.1.4.YOU ACKNOWLEDGE AND AGREE THAT BLUEPOCH OR ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, OR DIRECTORS (COLLECTIVELY, “BLUEPOCH AFFILIATES“) ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY BLUEPOCH Services OR USE OF BLUEPOCH SOFTWARE.
8.1.5.TO THE EXTENT NOT PROHIBITED BY LAW, BLUEPOCH OR BLUEPOCH AFFILIATES SHALL NOT BE LIABILITY TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO BLUEPOCH IN ACCORDANCE WITH THis AGREEMENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.
8.1.6.YOU EXCEED THE AMOUNT THAT YOU PAID TO BLUEPOCH FOR BLUEPOCH Services. IN NO CASE SHALL BLUEPOCH OR BLUEPOCH AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF BLUEPOCH Services, BLUEPOCH SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF BLUEPOCH Services OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BLUEPOCH’S AND BLUEPOCH AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8.2.1.Upon BLUEPOCH’s request, you agree to defend, indemnify and hold harmless BLUEPOCH and BLUEPOCH affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses (including attorneys’ fees) that arise from your access to or use of the BLUEPOCH Services or from any breach of this Agreement, or any other Game Terms, for which you are responsible.
8.2.2.You are solely responsible for any damage caused to BLUEPOCH, BLUEPOCH affiliates, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this Agreement.
9.Limited Use License
9.2.The Game may require or allow you to download software, software updates or patches, or other utilities and tools from BLUEPOCH or its licensors (collectively, “BLUEPOCH Software”). In such cases, you acknowledge and agree that BLUEPOCH grants to you a limited, personal, nonexclusive, non-transferable, non-assignable and non-sublicensable license to use BLUEPOCH Software solely for the purpose stated by BLUEPOCH at the time the BLUEPOCH Software is made available to you, and we may terminate the license granted to you at any time and at our sole discretion. If an Agreement is provided with the BLUEPOCH Software, your use of the BLUEPOCH Software is subject to the terms of that Agreement in addition to these Game Terms. You may not sub-license, or charge others to use or access BLUEPOCH Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from BLUEPOCH Software. You may not modify BLUEPOCH Software or use it in any way not expressly authorized in writing by BLUEPOCH. You understand that BLUEPOCH’s introduction of various technologies may not be consistent across all platforms and that the performance of BLUEPOCH Software and related BLUEPOCH Services may vary depending on your Device and other equipment.
9.3.From time to time, BLUEPOCH may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that BLUEPOCH may stop to support previous versions of the Game upon availability of an updated version.
9.4.Seizure Warning. The Game may contain flashing lights, images, and other luminous stimulations which may induce epileptic seizures in certain individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before playing any Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue playing the Game and consult your doctor.
10.1.BLUEPOCH Services and all title, ownership rights and intellectual property rights in and to the Game (including, without limitation, any and all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names content, websites, games, programs, tools, source codes, object codes, HTML, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, data, photographs, audio clips, audiovisual, artwork, logos, button icons, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the BLUEPOCH Services and any other elements, features which are part of the Game, individually or in combination) are owned by BLUEPOCH or BLUEPOCH’s licensors and are protected by American, Canadian and other local International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a BLUEPOCH Services unless our terms expressly authorize you to do so.You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game. BLUEPOCH reserves all rights in BLUEPOCH owned and licensed Game and BLUEPOCH Services that are not expressly granted to you in this Agreement or Game Terms. You acknowledge that BLUEPOCH and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
10.2.Making unauthorized copies of the Game may result in the termination of this Agreement, prohibition on use of BLUEPOCH Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
10.3.1.UGC(User-Generated Content) means any from of content such as creation work, feedback, suggestions, comments, ideas, software, code and/or any other information that you provide, publish, or otherwise communicate directly or indirectly to us regarding the Game.
10.3.2.BLUEPOCH has no obligation to monitor these UGC, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit, and/or remove any or all of UGC that are objectionable or inappropriate at any time without prior notice. BLUEPOCH may also at any time terminate or suspend your access to any of the UGC for any reason and without prior notice.
10.3.3.You agree that any of the UGC may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for your own behavior when using the BLUEPOCH Services, including but not limited to any UGC posted by you. You also acknowledge and confirm that under no circumstance, shall BLUEPOCH be liable for any UGC posted by you. You further confirm that any of the UGC are neither endorsed nor controlled by BLUEPOCH.
10.3.4.You acknowledge and agree that when you use the BLUEPOCH Services, you have no expectation that your UGC will be private and BLUEPOCH may disclose your UGC for any reason without prior notice.
10.3.5.By uploading or contributing the UGC, you (“licensors”) grant to BLUEPOCH (“licensee”), an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, extra fee or attribution of any kind to you or any third party.
10.3.6.We cannot guarantee that you will not encounter content that you consider offensive or otherwise inappropriate, and we accept no liability for any failure to remove (or delay in removing) any such content. You may, however, make complaints by accessing our support service.
11.Applicable law and Dispute Resolution
This article applies to all users and those who accept the Agreement. Please read the contents of this article carefully. It affects your rights, including your right to bring an action in court.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement or any other Game Terms (“Dispute”), you and BLUEPOCH agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. BLUEPOCH may send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to the email address noted in article 13.
11.2.Applicable law and Formal Dispute Resolution
IF YOU AND BLUEPOCH ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, EITHER YOU OR BLUEPOCH SHALL ELECT TO HAVE THE DISPUTE FINALLY AND EXCLUSIVELY RESOLVED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC), IN ACCORDANCE WITH ARBITRATION RULES OF THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC) AND UNDER THE LAWS OF THE HONG KONG without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. The arbitration award shall be final and binding on both parties. You further acknowledge and agree that the jurisdiction of the Hong Kong International Arbitration Centre (HKIAC) is personal and territorial.
11.3.Class Action Waiver
You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Furthermore, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this clause shall be null and void.
You hereby acknowledge and agree that BLUEPOCH would suffer irreparable harm if this Agreement or any of the Game Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that BLUEPOCH shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement or any other Game Terms.
If any part of this Agreement or the Game Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of BLUEPOCH, and the remaining portions shall remain in full force and effect.
BLUEPOCH may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without BLUEPOCH’s prior written consent, and any unauthorized assignment by you shall be null and void.
The failure of BLUEPOCH (or its licensors) to exercise or enforce any right or provision of this Agreement or any Game Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BLUEPOCH (or its licensors) of any provision, condition or requirement of this Agreement or any Game Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
BLUEPOCH shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BLUEPOCH, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond BLUEPOCH’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.
BLUEPOCH reserves the right, at any time and in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement. BLUEPOCH will inform you about such revisions by email and/or during log in. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in Agreement or compliance with this Agreement, you may terminate to use our games or services in accordance with this Agreement.
BLUEPOCH may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
For any questions concerning this Agreement, please feel free to contact us at the following address:
Last updated: 2023-6-20