Welcome USE
These terms of service apply to you and Guangzhou Junbin Technology Co., Ltd., address Room A7, 4th Floor, Room 402, No. 9, Kemulang South Road, Tianhe District, Guangzhou, (“Junbin”) regarding your use of Junbin´s games, websites, discussion forums, and related services (“Services“).
As a precondition for using the Services, you must agree to these terms. If you accept these terms, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these terms, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these terms.
By using or otherwise accessing the Services, you agree to these terms. If you do not agree to these terms, you may not use or otherwise access the Services.
Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.
If you access the Services from a third-party platform such as Facebook or another social networking site, you agree to comply with the platform’s terms of service as well as these terms.
Junbin may issue additional terms or policies related to individual Services or specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs). Your right to use the Services is subject to such relevant terms and policies as well as these terms.
1. Right to Use the Services
Subject to these terms, Junbin hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these terms.
Except as set forth above, you do not receive any other license. Junbin retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Junbin’s prior written consent. Junbin reserves all rights not expressly granted to you herein.
The Services and their content are licensed, not sold.You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from Junbin or its authorized partners.
2. Purchases in the Services
When making online purchases using Junbin related apps or games, you must provide true, accurate and complete information about yourself and provide a non-fraudulent payment method. If any personal or financial information you provide is untrue, inaccurate or incomplete, or if Junbin has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, Junbin has the right to cancel the relevant financial transactions, revoke all related software licenses obtained through such transactions, and submit details of such incidents to the relevant authorities.
3. Code of Conduct
You agree that you will not, under any circumstances:
Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.
Use the Services in violation of any applicable law or regulation.
Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Junbin, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Junbin employees, directors, officers, and customer service representatives.
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Junbin employee, director or officer.
Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble, or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Junbin, or to obtain any information from the Services using any method not expressly permitted by Junbin.
Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
Engage in any act that Junbin deems to conflict with the spirit or intent of the Services or make improper use of Junbin’s support services.
4. Accounts and Login Information
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“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 agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. Benfei is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate Benfei for any losses or harm that result from your failure to keep your Login Information confidential.
5. Refund Policy
Refund Policy. We will not grant you any refunds, unless otherwise required by law.
6. Indemnity clauses and disputes
You agree to indemnify and hold harmless Junbin, its management, employees and affiliated third parties from any liabilities, costs, damages and expenses (including reasonable legal fees) arising from your use of our services or your breach of this Agreement. Junbin reserves the right to control any case subject to indemnification and expects you to cooperate fully in such matters.
Any dispute arising out of or in connection with this Agreement, including any question regarding the existence, validity or termination of this Agreement, shall be settled by binding arbitration in accordance with the laws of the Hong Kong Special Administrative Region. The arbitration shall be conducted by a sole arbitrator appointed in accordance with the applicable rules of the arbitration institution designated by the parties. The place of arbitration shall be Mainland China, and each party shall bear its own fees and expenses associated with the arbitration unless the arbitrator determines otherwise.
This Agreement shall be governed by and construed in accordance with the laws of Mainland China, without regard to its conflict of law principles. The parties hereby submit to the exclusive jurisdiction of the courts of Mainland China for the enforcement of any arbitration award or any matter not subject to arbitration.
7. Suspension and Termination for your Breach
Without limiting any other remedies available to Junbin, if Junbin believes that you are in breach of these terms, Junbin reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
8. Availability, Compatibility
Junbin does not guarantee that the Services are available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, Junbin reserves the right to stop offering and/or supporting the Services or parts thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Junbin does not have to provide refunds for the Services or any Virtual Items. Where appropriate, Junbin will take reasonable measures to provide advance notice when any Services or parts thereof are discontinued. However, Junbin may limit, suspend or terminate the Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Services, if Junbin believes you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these terms.
The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).
9. Disclaimer
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees of any kind. The Services may have defects, and your use is solely at your risk. Junbin does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Junbin does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Junbin, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these terms shall infringe upon the statutory rights that you may have as a consumer of the Services.
10. Limitations of Liability
In no event will Junbin be liable for special, incidental, or consequential damages resulting from access, use or malfunction of the Services, including, but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these terms or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Junbin has been advised of the possibility of such damages.
11. Third-party Products and Services
The Services may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party’s terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which Junbin is not a party. You understand that Junbin neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. Junbin is not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand Junbin’s Privacy Notice does not apply to such data.
12. Changes to these terms
Notwithstanding Section “Binding Arbitration / Class Waiver,” Junbin may update these terms from time to time in response to changing legal, technical or business developments. When Junbin updates these terms, Junbin will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes made.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated terms.
13. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the CHN laws.
14. General
Entire Agreement. These terms set out the entire agreement between you and Junbin regarding the Services and supersede all earlier agreements and understandings between you and Junbin.
Assignment. Junbin may assign these terms, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these terms. You may not assign or delegate any rights or obligations under these terms without Junbin’s prior written consent, and any unauthorized assignment and delegation by you is void.
Severability. If any provision of these terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these terms will remain in full force and effect. Junbin’s failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.
No Waiver. Any failure by Junbin to exercise or enforce any of its rights under these terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of Junbin.
Contact Information. If you have any questions about these terms, please contact [email protected]