Effective Date: February 1, 2019
1.1 Grant of a Limited License to Use the Services
The following restrictions apply to the use of the Services:
You shall not create an Account or access the Services if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services 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 Services if you have previously been removed by Thinkplay, or previously been banned from playing any Thinkplay game. You shall use your Account only for non-commercial purposes; You shall not use the Services 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 Thinkplay 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.
Thinkplay reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
The Services supports only one Account per game on a supported device.
Any use of the Services 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:
1.2 Suspension and Termination of Account and Service
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 SERVICES 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.
Thinkplay RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Thinkplay reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Thinkplay 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 Services or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by email to email@example.com, informing Thinkplay that you wish to terminate your Account.
2.1 Games and Service
All rights, title and interest in and to the Services (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 Thinkplay game client, and the Thinkplay game clients and server software) are owned by Thinkplay. Thinkplay reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU 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 Thinkplay.
2.3 Virtual Items
Thinkplay owns, has licensed, or otherwise has rights to use all of the content that appears in the Services or in Thinkplay games. 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 Services, including without limitation the virtual goods or currency appearing or originating in any Thinkplay game, whether earned in a game or purchased from Thinkplay, or any other attributes associated with an Account or stored on the Services.
3. User Content
3.1 Submission of User Content
3.1.1 Content Screening
Thinkplay assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, 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 Services. At our discretion, our representatives or
technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Services.
Thinkplay 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 Thinkplay chooses, in its sole discretion, to monitor the Services, Thinkplay 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.
3.2 Information Use by Other Members of the Services
3.2.1 Public Discourse
The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Thinkplay 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 Services. Thinkplay shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2 Responsible For Your Own Content
3.2.3 Your License to Thinkplay
3.3 User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or Thinkplay games. Thinkplay reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Thinkplay to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Thinkplay 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.
4. Fees and Purchase Terms
In the Services 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 Thinkplay games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and © other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Services, and not in any other way.
Thinkplay may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Thinkplay shall have no liability to you or any third party in the event that Thinkplay exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, 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 Thinkplay, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Thinkplay games is a service provided by Thinkplay that commences immediately upon acceptance by Thinkplay 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. Thinkplay may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT Thinkplay 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.
5. Updates to the Services
You understand that the Services is an evolving one. Thinkplay may require that you accept updates to the Services and to Thinkplay’s games you have installed on your device or computer. You acknowledge and agree that Thinkplay may update the Services and Thinkplay games, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play Thinkplay games.
6. Disclaimer of Warranties
WITHOUT LIMITING Thinkplay’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICES ARE 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. Thinkplay DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
8. Dispute Resolution and Law
If a dispute arises between you and Thinkplay, we strongly encourage you to first contact us directly to seek a resolution by email to firstname.lastname@example.org. You agree that all disputes between you and Thinkplay shall be governed by the laws of China, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Thinkplay must be resolved exclusively by a court located in China.
10. General Provisions
10.2 Supplemental Policies
10.3 Entire Agreement
10.4 No Waiver
10.6 Equitable Remedies
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any Thinkplay game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7 Force Majeure
Thinkplay shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Thinkplay, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Thinkplay’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.