Terms of Use
Terms of Service
YOTTAGAMES
TECHNOLOGY CO., LTD. (Yottagames)
Accepting the Terms
This Statement of
Rights and Responsibilities ("Statement," "Terms") derives
from the Yottagames Principles, and is our terms of service that governs our
relationship with users and others who interact with Yottagames, as well as Yottagames’
brands, products and services, which we call the “Yottagames Services” or
“Services”. By using or accessing the Yottagames Services, you agree to this
Statement, as updated from time to time. Additionally, you will find resources
at the end of this document that help you understand how Yottagames work.
Because Yottagames
provides a wide range of Services, we may ask you to review and accept
supplemental terms. To the extent those supplemental terms conflict with these
Terms, the supplemental terms associated with the app, product, or service
govern with respect to your use of such app, product or service to the extent
of the conflict.
These Terms of
Service (“Terms”) are a legal agreement between YOTTAGAMES TECHNOLOGY CO.,
LTD. (“Yottagames” or “we”) and you (“you”). By using or accessing any Yottagames
game or applications (“Service”) you agree to be bound by these Terms. By
accessing or using the Service, you agree that you have read, understood, and
accept to be bound by the Terms. Yottagames reserves the right, in its sole
discretion, modify or revise these Terms at any time, and you agree to be bound
by such modifications or revisions.
Users are
responsible for periodically viewing the Terms. Your continued use of the
Service after a change or update has been made will constitute your acceptance
to the revised Terms. If you do not agree to the Terms your only remedy is to
discontinue your use of the Service and cancel any accounts you have made using
the Service.
If you violate the
Terms, Yottagames reserves the right to issue you a warning regarding the
violation or immediately terminate or suspend any or all accounts you have
created using the Service. You agree that Yottagames need not provide you
notice before terminating or suspending your account(s), but it may do so.
Yottagames reserves
the right to refuse any user access to the Services without notice for any
reason, including, but not limited to, a violation of the Terms.
You agree that Yottagames
may discontinue the Service or change the content of the Service at any time,
for any reason, with or without notice to you, without liability.
Yottagames suggests
that minors shall not access internet without prior written consent of their
parents or other legal guardians.
Intellectual
Property/Ownership
All materials that
are part of the Service (including, but not limited to, designs, text,
graphics, pictures, video, information, applications, software, music, sound
and other files, and their selection and arrangement) are protected by law from
unauthorized use. The entire contents of the Service are copyrighted under the
United States copyright laws and/or similar laws of other jurisdictions.
You agree that no
materials that are part of the Service may be modified, copied, distributed,
framed, reproduced, republished, downloaded, scraped, displayed, posted,
transmitted, or sold in any form or by any means, in whole or in part, or
otherwise exploited without Yottagames’ express prior written permission,
except that the foregoing does not apply to your own User Content (as defined
below) that you legally post on the Site. All other uses of copyrighted
material, including any derivative use requires express prior written
permission from Yottagames. Any reproduction or redistribution of materials not
in accordance with these Terms is expressly prohibited and may result in severe
civil and criminal penalties.
Yottagames and/or
its licensors remain the owners of right, title, and interest, including
copyrights and other intellectual property rights, in and to all materials
posted on the Services by Yottagames. You acknowledge that you do not acquire
any ownership rights by using the Service or by accessing any materials posted
on the Service by Yottagames or any derivative works thereof.
Yottagames grants
you a personal, non-exclusive, non-transferable, revocable, limited scope
license to use the Service solely for the purpose of viewing and using the
applicable Services and for no other purpose whatsoever. Your license to use
the Services is limited by these Terms.
User Content
You agree that you
are willingly publishing the content on the Service using technology and tools
provided by Yottagames. You understand and agree that you may not distribute,
sell, transfer or license this content and/or application in any manner, in any
country, or on any social network or other medium without the explicit written
permission of Yottagames. You grant Yottagames the right to act as an agent on
your behalf as operator of the application.
Any data, text,
graphics, photographs and their selection and arrangement, (hereinafter “User
Content”) uploaded to the Service are subject, whether in whole or in part, to
unlimited commercial, non-commercial and/or promotional use by Yottagames.
Text, graphics, and photographs are uploaded by you and are the sole
responsibility of the person from whom the User Content originated. Thus, users
are responsible and Yottagames is not responsible for any files users upload,
post or otherwise make available. Yottagames may or may not regulate User
Content and does not guarantee the accuracy, quality or integrity of any User
Content posted via the Yottagames application. By using Yottagames you
acknowledge and accept that you may be exposed to material you find offensive
or objectionable. You agree that Yottagames will not under any circumstances be
liable for any User Content, including, but not limited to, errors in any User
Content, or any loss or damage incurred by use of the User Content.
Yottagames reserves
the right to remove and permanently delete any User Content from the Service
with or without notice.
Your purchase of
Virtual Currency is final and is not refundable, exchangeable and transferable,
except in Yottagames’ sole discretion. You may not purchase, sell, or exchange
Virtual Currency outside the Service. Doing so is a violation of the Terms and
may result in termination of your account with the Service and/or legal action.
Yottagames retains
the right to modify, manage, control and/or eliminate Virtual Currency at its
sole discretion. Prices and availability of virtual in game goods are subject
to change without notice.
All transactions
are processed by YottaGames Limited, a wholly owned subsidiary of YottaGames LIMITED,
located at Flat/RM
901 Yip Fung Building 2-12 D'Aguilar Street, Central, Hong Kong.
Rules of
Conduct/Usage
The Yottagames
Service may provide communication channels such as forums, communities or chat
areas (“Communication Channels”) designed to enable you to communicate with
other Service users. Yottagames has no obligation to monitor these
communication channels but it may do so and reserves the right to review
materials posted to the Communication Channels and to remove any materials, at
any time, with or without notice for any reason, at its sole discretion. Yottagames
may also terminate or suspend your access to any Communication Channels at any
time, without notice, for any reason. You acknowledge that chats, postings or
materials posted by users on the Communication Channels are neither endorsed
nor controlled by Yottagames and these communications should not be considered
reviewed or approved by Yottagames. Yottagames will not under any circumstances
by liable for any activity within Communication Channels.
You agree that all
your communications with the Communication Channels are public and thus you
have no expectation of privacy regarding your use of the Communication
Channels. Yottagames is not responsible for information that you choose to
share on the Communication Channels, or for the actions of other users.
You agree that your
use of the Service shall be lawful and that you will comply with the usage
rules. In furtherance of the foregoing, and as an example and not as a
limitation, you agree not to use the Service in order to: post, upload,
transmit or otherwise disseminate information that is obscene, indecent,
vulgar, pornographic, sexual or otherwise objectionable defame, libel,
ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully,
racially, ethnically or in a reasonable person’s view, otherwise offensive or
objectionable upload or transmit (or attempt to upload or transmit) files that
contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files
or data, or any other similar software or programs that may damage the
operation of the Service or other users’ computers violate the contractual,
personal, intellectual property or other rights of any party including using,
uploading, transmitting, distributing or otherwise making available any information
made available through the Service in any manner that infringes any copyright,
trademark, patent, trade secret or other right of any party (including rights
of privacy or publicity) attempt to obtain passwords or other private
information from other members improperly use support channels or complaint
buttons to make false reports to Yottagames develop, distribute or publicly
inform other members of “auto” software programs, “macro” software programs or
other “cheat utility” software program or applications in violation of the
applicable License Agreements
exploit, distribute
or publicly inform other members of any game error, miscue or bug which gives
an unintended advantage violate any applicable laws or regulations or promote
or encourage any illegal activity including, but not limited to hacking,
cracking or distribution of counterfeit software or cheats or hacks for the
Service
Disclaimer of
Warranty; Limitation of Liability
You agree that your
use of the Service shall be at your sole risk. To the fullest extent permitted
by law, Yottagames, its officers, directors, employees, and agents disclaim all
warranties, express or implies, in connection with the website and your use
thereof including implied warranties of title, merchantability, fitness for a
particular purpose or non-infringement, accuracy, authority, completeness,
usefulness, and timeliness. Yottagames makes no warranties or representations
about the accuracy or completeness of the content of the Service of the content
of any sites linked to the Service and assumes no liability or responsibility
for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury
or property damage, of any nature whatsoever, resulting from your access to and
use of the Service, (iii) any unauthorized access to or use of our secure
servers and/or any and all personal information and/or financial information
stored therein, (iv) any interruption or cessation of transmission to or from
the Service, (v) any bugs, viruses, Trojan horses, or the like which may be
transmitted to or through the Service by any third party, and/or (vi) any
errors or omissions in any content or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available via the Service.
In no event will Yottagames,
its directors, officers, agents, contractors, partners and employees, be liable
to you or any third person for any special, direct, indirect, incidental,
special, punitive or consequential damages whatsoever including any lost
profits or lost data arising from your use of the Service or other materials
on, accessed through or downloaded from the Service, whether based on warranty,
contract, tort or any other legal theory, and whether or not Yottagames has
been advised of the possibility of these damages. The foregoing limitation of
liability shall apply to the fullest extent permitted by law in the applicable
jurisdiction. You specifically acknowledge that Yottagames shall not be liable
for user submissions or 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.
You agree to
indemnify and hold Yottagames, and each of its directors, officers, agents,
contractors, partners and employees, harmless from and against any loss,
liability, claim, demand, damages, costs and expenses, including reasonable
attorney’s fees, arising out of or in connection with (i) your use of and
access to the Service; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; (iv) any claim that one
of your User Submissions caused damage to a third party; or (v) any Content you
post or share on or through the Service.
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