End User License Agreement & Terms of Service

IMPORTANT NOTICE:

YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING GAMES AND RELATED SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE GAME.

Thank you for your interest in Our online game and related service. This Agreement is entered into by and between you and Qookka Games (hereinafter referred to as "we", "us", "our", "the Company", or "Qookka Games") in relation to our online game and any related services (hereinafter referred to as "Our Game"). You agree that by accessing and/or playing our game, you are binding to this Agreement. In addition, when using our game, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time. The service providers of Qookka Games means Lingxi Interactive Entertainment Holding Limited, please refer to the description of each game for the specific service provider.

Subject to the laws of your country of residence, minor children with limited capacity or with incapacity may utilize a Game Account established by their parent or legal guardian. If you are a minor, you shall ask your parent (or another legal guardian) to read, understand and agree to comply with these terms before your use of Our Game. Your continued use of Our Game after any change or modification of these term means that you and your guardian have read, understood and agreed to the change or modification of this Agreement.

We may need to update or modify these terms from time to time to accurately reflect our Services. Unless otherwise required by law, we will notify the Users before we make substantial changes to these terms and, so that you have opportunity to review the terms before they become effective. Once any updated terms are in effect, you will be bound by them if you continue to use Our Game. We hope that you will continue to use Our Game, but if you do not accept our updated terms and no longer want to use Our Game, you may delete your account at any time.

PLEASE NOTE THAT THE SECTION BELOW TITLED DISPUTE RESOLUTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

I. Definition

1. Games Software, means the game software provided by the Company, which can be operated on smart mobile devices and/or computer terminals (including but not limited to mobile games, web games, and HTML5 games), along with updates, patches, and expansions, etc. of such game software, and may also include web servers, websites (including but not limited to the official website or BBS of such games) or electronic documents related to such game software.

2. Games Service, means the game software of Qookka Games and the online operation service related to such game software.

3. You, also referred to as “Player” or “User”, means a natural person who is authorized to uncommercially use Games Software or who accepts Games Service through legal means.

II. Scope of Agreement

1. This Agreement is entered into by and between you and the Company in relation to our Game and any related services. The agreement shall be legally effective between us.

2.    With the rapid development of the Internet industry, the terms and conditions set out herein may not fully include and cover all the rights and obligations of you with the Company, and the existing agreements may not fully meet the future development needs. Therefore, the Privacy Policy of Qookka Games, applicable game rules and its amendments shall be an integral part of this Agreement as supplementary agreements, with equal legal effect. By using Games Service, you agree to be bound by the above supplementary agreements.

3.    We may update this Agreement from time to time by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement.

III. Account

1. To use Game Service, you must use your information that is personal to you, such as your email address, or any other third-party accounts (such as Facebook, Twitter, Instagram, Line etc.) to register a game account (hereinafter referred to as the “Account”). Additionally, to play certain game or use certain features offered by the Company, you may also be required to provide with payment information (such as credit card information). You are not allowed to use others’ information for your registration. If you use a third-party account as your game account, you shall also comply with the agreements and rules in connection with such a third-party account.

2. You agree that the personal registration information provided by you will be used as the sole basis for The Company to identify the relevance between you and the Account and to identify you. You have the obligation to properly keep your Account and password, and use such Account and password reasonably.

3. You shall promptly notify us of any abnormal login and unauthorized use by others of your Account and password so that The Company can take measures necessary for protection of your Account and password, including but not limited to suspending the login and use, and freezing the consumption and transfer of virtual items in the Account. When taking restrictive measures against the abnormal Account at your request, The Company has the right to ask you to provide your valid registration information and to verify the consistency with the personal information you use for registration. In case of consistency, The Company will take necessary restrictive measures as you may require or on a case-by-case basis. Should you fail to provide your valid registration information, The Company has the right to refuse your request and will not be liable for any damages caused to you thereby. The damages to you or other users arising out of the restrictive measures taken by The Company at your request shall be solely borne by you.

4. For the security of your Account and passwords, please do not provide, by means of, including but not limited to, either with or without consideration, lending, renting, and transferring your Account and passwords to others.

5. If you do not log in the game in 365 days, The Company has the right to irretrievably delete your Account and the game data thereunder (including but not limited to game character, level, virtual items).

6. The Company may provide a “Visitor Mode” for users to quick login in to the game. Through quick modes such as “Quick Game” and “Visitor Login”, users can quickly log in to the game without registering an Account. You acknowledge and agree that you may not be able to top up and consume under the “Visitor Mode”, so please bind your Account immediately after login. If you fail to do so, once you uninstall or reinstall the game, or if you change the terminal devices, or terminal devices are damaged, all the game-related data under the Visitor Mode may be cleared, with no possibility of query or recovery.

IV. Game Software License

1. The Company grants you a personal, non-commercial, non-exclusive, non-transferable and non-sublicensable license pursuant to the provisions in this Agreement. You may download and install the Games Software on either mobile device or computer to the extent of the license specified in this Agreement, and run such software in accordance with the instructions as set out in the software program.

2. You can only use Games Software for non-commercial purposes. Any commercial use without permission of The Company will constitute an infringement of The Company’ rights.

3. To ensure the security and optimize the features of the Game Software, The Company may update, modify and optimize the Game Software or some of its features from time to time. After the new version of the Game Software is released, the previous version may not be available. Please download and install the latest version as soon as possible to avoid restricted use.

V. Game Service

1. Users agree that the paid items and charge standards for Games Service are determined by The Company. If you wish to get the paid services, you shall pay according to the paid items and charge standards determined by The Company. Otherwise, you won’t be able to get access to these services. You can find the details for and paid items and charge standards in the App Store, game mall, purchase interface, game official website, etc. Please read carefully before purchasing. The Company have the right to change or adjust the paid items and charge standards as needed. You shall not require The Company to provide any compensation or indemnification due to changes or adjustments to the paid items and charge standards.

2. Game props, game equipment, game tokens, etc. (hereinafter referred to as “Game Virtual Items”) are part of the game service, and their ownership belongs to The Company. Users can use the Game Virtual Items under the requirements of following this Agreement and defined game rules. Game Virtual Items without a specific expiration date shall be considered as users can continue to use them after obtaining the right to use them until the termination of related game service. For those with a specific expiration date, the indicated expiration date shall prevail except for force majeure or reasons attributed to The Company. Once the period expires, the items will automatically expire.

3. To provide better game service to users, The Company may need to make adjustment to the content of the game. Such adjustment may involve the appearance, skills and value settings of the game characters, game equipment and other game props you are using. You understand and agree that such adjustments are a common practice in game operation and The Company shall not be held legally liable for such adjustment.

4. All the data information (except for your personal name, ID number, phone number and other personal privacy data information) generated by you using the Game Service is owned by The Company. The Company has the right to store and manage such information. The Company will provide access and rules for you to search, modify and discard such information.

5. Due to non-interoperability between different operating systems, you may not be able to share your Account, game data and top-up records between different operating systems. Any loss of top-up or game data caused by switching between different systems shall be at your own risk, and The Company shall not be held accountable for that.

6. The Company may set a forced battle area or gameplay. If you do not agree with such forced battle, please do not enter the game or such game area; once you click “Accept” or enter the forced battle area or gameplay, you will be deemed to agree with such gameplay and accept the results.

7. You shall not record, display, copy, spread or play the content or images of Game Service through third-party software, websites or platforms in whole or in part during the use of Game Service without the prior written consent from The Company.

8. During your use of Game Service, there may be game data exceptions due to software bugs, version defects, third-party virus attacks or the inappropriate conducts described in Section VI. The Company will investigate the cause if such data exceptions happen. The Company may need to freeze your Account or game role during the investigation; if the data exceptions are caused by abnormal game behaviors, The Company has the right to restore the game data to the state before the abnormality occurred.

9.To ensure the normal operation of the game server, The Company needs to conduct server downtime for regular maintenance or emergency maintenance in the event of emergency. You understand and agree that The Company shall not be held legally liable for any interruption or stoppage of service due to the circumstances above. The Company reserves the right to terminate or partially terminate the operation of Game Service if necessary and it will deal with the termination of the game in accordance with relevant laws and regulations to protect the legitimate rights and interests of users.

10. Users may use third parties such as App Store and Google Play when making payments. You shall comply with the user agreement of the third-party payment service. The Company shall not be responsible for any legal liability for the user's loss and related disputes caused by the use of the third-party payment service, except for the reasons attributable to the Company for its intention or negligence. The good faith principle shall be throughout the use of game service and users' behaviors. You may pay for the virtual money and virtual goods in our Game and that such payment is final and non-refundable unless applicaple laws specify otherwise. If you performs refund, the Company will deduct the corresponding virtual money and/or virtual goods. Suppose the user still occupies the virtual money and/or virtual goods after the refund is dishonest. In that case, we may take such actions as we deem appropriate, including but not limited to: (i) warning; (ii) removing any involved proceeds from your account; (iii) temporary freezing or permanent terminating your right to use our Game case by case; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules. if the situation is serious, the Company reserves the right to pursue the user's legal responsibility (including but not limited to civil liability, criminal liability).

VI. Code of Conduct for Users

1. You may not engage in the following acts without obtaining The Company consent or complying with the laws:

 (1) Reverse engineering, reverse assembly, reverse compiling or otherwise attempting to obtain the source code of the game software, or cracking or modifying the game software programs;

 (2) Producing, publishing, distributing or using any form of cheating tools or programs that hinder the fairness of the game. Such cheating tools or programs include those that copy, modify, add, delete, hook or create any derivative works, modify the function or operation effect of the software, to the data of the game software, the data released into the memory of any terminal during the operation of the software, the interaction data between the client and the server, or the system data necessary for the software to run, including but not limited to plug-ins, add-ons, unauthorized third-party software, systems, etc.; Since cheating tools like plug-ins are concealed or disappear after use, you understand and agree that The Company use the monitoring data in the game program as the basis for judging whether you use illegal plug-ins or other cheating tools;

 (3) Using network accelerators, auxiliary plug-ins, robot programs or game synchronizers that maliciously disrupt service facilities, service rules, or balance and fairness of the game;

 (4) Providing the same or similar services as Games Service through setting up private game servers or other methods, whether for commercial purposes or not;

 (5) Scanning, probing, and testing the game software to detect, discover, and find out its possible vulnerabilities or bugs, exploiting such vulnerabilities and bugs to disrupt the normal operation of the game and gain illegitimate benefits, or spreading such game vulnerabilities or bugs;

（6）Attacking or intruding into the game software server or the company's web server, causing the server to be overloaded and results in irregular operation;

（7）Using, renting, lending, copying, modifying, linking, reproducing, compiling, publishing, and distributing Our Game and all or part of Our Game beyond the scope of this Agreement;

（8）removing or amending any patent notice, copyright notice or other intellectual property

information from our Game;

 (9) Other acts that are not expressly authorized by The Company.

2. You may not conduct the following inappropriate game behaviors while using Game Service:

 (1) Posting and disseminating illegal speech or inappropriate information, including but not limited to behaviors such as posting indecent speech, junk advertising information, promotion of plug-ins, viruses, boosting, offline transactions or other such information in the game;

 (2) Using inappropriate content including but not limited to content that is racial/religious, political, obscene/vulgar, defamatory/intimidating, offensive, insulting, misleading, or related to illegal drugs and medicines, as account nicknames and names for roles, groups, organizations in the game.

 (3) Behaviors such as stealing others’ game account, Game Virtual Items and player personal data, assisting hackers to operate and transfer game virtual items, etc.; purchasing or obtaining game account, Game Virtual Items or others for free that have been obtained through hacking accounts. To maintain the fairness of the game and the interests of the stolen users, even if you unknowingly purchase the virtual items that others have obtained through hacking and then transferred to you, The Company still has the right to take back such virtual items you have purchased.

 (4) Behaviors such as pretending as the official system, official customer service, friends or others to defraud others’ Game Virtual Items or any other property for the purpose of illegal possession in the game; to maintain the fairness of the game and the interests of the stolen users, even if you unknowingly purchase the virtual items that others have obtained through fraud and then transferred to you, The Company still has the right to take back such virtual items you have purchased.

 (5) Users take advantage of the platform policies or vulnerabilities to maliciously request a refund for unreasonable reasons, illegally possess or use the top-up items or profit from them after topping up;

 (6) Trading Game Virtual Items such as game Accounts, game virtual currency or game equipment, game coins and other game props on trading platforms that are not approved by The Company;

(7) in the game, through various ways or means to cause regional disputes, regional division;

(8) involve any violent acts not directly related to the game world and leak any information about the game world and real-life of other players or our employees;

(9)breach the applicable laws of the jurisdiction where you are located when visiting or using our Game, including but not limited to the promotion of or participation in gambling, heresy, and violence.

(10) Other inappropriate behaviors.

VII. Intellectual Property and Other Rights

1. The Company retain all rights to the software, services we offer and the materials protected by intellectual property rights-related laws or other laws (including but not limited to Accounts and other account patterns, Product names and Service names). You can only use our copyright or trademark (or any similar marks) as expressly permitted by our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

2. You own the content you create and share during the use of Game Service, and nothing in these terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide Game Service, we need you to give us legal permission to use that content. When you share, post or upload intellectual property right-protected contents (such as photos or videos) in or in connection with Game Service, you grant The Company a non-exclusive, transferable, sub-licensable, royalty-free and worldwide license, and The Company will host, use, distribute, modify, run, copy, publicly perform/display or translate Users’ contents and create derivative works of such contents in accordance with the privacy policy.

3.You may terminate this license at any time by deleting your contents or Account. However, for technical reasons, the contents you delete may be retained as backups for a limited time (although such consents are invisible to other Users). In addition, if you share your deleted contents with another party and the other party has not deleted them, such contents may continue to appear.

VIII. Privacy Policy

1.To provide these services, we must collect and use your personal data. We detail our practices in the Privacy Policy.

IX. Governing Laws and Jurisdiction

1.This Agreement shall be governed by, and will be construed under, the laws of Hong Kong, China, without regard to the principles of conflict of laws, and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. Any disputes relating in any way to or arising under or out of your use of the Game or the 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 Hong Kong Arbitration Center.

X. Breach and Indemnification

1.In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use our Game; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities.

2.You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

XI.Limitation of Liability

1. The Company will do its utmost to improve and upgrade the Game Service, but the Game Service are made available to you only “as is”. To the extent permitted by law, we do not provide any type of warranties, whether express or implied. For example, we cannot predict when issues might arise with our Game Service; therefore, we do not warrant the following: Game Service will surely meet your requirements, the Game Service will not be interrupted, the Game Service will be timely, safe and authentic, or Game Service will not go wrong. Our liability shall be limited to the extent permitted by applicable law, and under no circumstances will The Company be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to this Agreement, even if we have been advised of the possibility of such damages.

2. The Company shall not be liable for the losses caused by Force Majeure factors such as malfunctions, technical defects, coverage limitations, unavoidable factors, computer viruses, hacker attacks, etc. of the mobile telecommunication networks of the basic telecommunication operators involved in the Game Service hereunder.

XII. Miscellaneous Terms

1. This Agreement and other policies or rules issued constitute the entire agreement between you and The Company regarding your use of Game Service.When you use the game or participate in any other service, you agree and acknowledge that any dispute shall be the first subject to the terms of use and privacy policy you consent to.

2.Some of the products or services we offer are also governed by other agreements or terms. If you use any of those products or services, such agreements or terms will be made available and will become part of our agreement with you.

3. If any part of this Agreement is deemed to be unenforceable, the validity of the remaining parts shall not be affected. Our failure to enforce any part of this Agreement shall not be deemed as a waiver of our rights. Any amendment to or waiver of this Agreement shall be in writing and shall be signed by us.

4. Without our consent, you will not transfer any of its rights or obligations under these terms to anyone else.

5. This Agreement does not confer any third-party beneficiary rights. We reserve the right to freely transfer all our rights and obligations under these terms for mergers, acquisitions, sale of assets or enforcement of laws or otherwise.