Shenzhen Qianhai Leyi Network Technology Co., Ltd ("Leyi")
TERMS OF USE

Draft Update Date: September 26, 2018

Table of Contents

  1. Accepting the Terms
  2. Limited License to Use The Service
  3. Log Information and Your Account
  4. Suspension and Termination of Account and Service
  5. Intellectual Property/Ownership
  6. User Content
  7. Rules of Conduct and Usage
  8. Fees and Purchase Terms
  9. Updates to the Service
  10. Privacy and Protection of Personal Information
  11. Disclaimer of Warranty
  12. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
  13. Injunctive Relief
  14. General

1.  Accepting the Terms.

The terms of this agreement (collectively, "Terms of Use") govern the relationship between you and Shenzhen Qianhai Leyi Network Technology Co., Ltd., its subsidiaries and affiliates (collectively, "Leyi", "We", or "Us"), regarding your use of Leyi's apps, games, websites and related products and services (the "Service"). Use of the Service is also governed by Leyi's Privacy Policy and other relevant policies, which are incorporated herein by reference.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Leyi reserves the right, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Use, Privacy Policy, or any other Leyi policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

2.  Limited License to Use The Service.

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant Leyi policies, Leyi grants to you a non-exclusive, personal, worldwide, non-transferable and revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes by accessing the Service through a web browser or mobile device. You explicitly agree that you will not use the Service for any other purpose other than as provided for by these Terms of Use. You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract source code of the Service, or to allow or assist anyone else to do so.

You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail, or repetitive or misleading messages to anyone.

Leyi expressly reserves the right to deny anyone access to the Service at any time for any reason with or without notice. You agree that Leyi may cease providing the Service or change the content of the Service at any time for any reason with or without notice to you without liability.

Leyi suggests that minors shall not access the Service without prior written consent of their parents or other legal guardians. If you are a minor, you represent that your legal guardian has reviewed and agrees to these Terms of Use.

You may not use the Service if you are barred from using the Service under the laws of some countries, including the country in which you are resident or from which you use the Service. You agree that your use of the Service will comply with all applicable laws, regulations and ordinances relating to software and data.

3.  Log Information and Your Account.

Within the Service, you may create an account with us by providing a username and/or email address and a password (“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 Leyi 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.

Leyi 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.

4.  Suspension and Termination of Account and Service.

WITHOUT LIMITING ANY OTHER REMEDIES, LEYI MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR LEYI SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND LEYI IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

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 SERVICE 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.

Leyi reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Leyi shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.

5.  Intellectual Property/Ownership.

(a) Games and Service

All rights, title and interest in and to the Service (including, without limitation, any brands, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Leyi game client, and the Leyi game clients and server software) are owned by Leyi. Leyi reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

(b) Accounts

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 LEYI.

(c) Virtual Items

Leyi owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Leyi 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 Service, including, without limitation, the virtual goods or currency appearing or originating in any Leyi game, whether earned in a game or purchased from Leyi, or any other attributes associated with an Account or stored on the Service.

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 Leyi’s express prior written permission, except that the foregoing does not apply to your own User Content (as defined below). All other uses of copyrighted material, including any derivative use, require express prior written permission from Leyi. Any reproduction or redistribution of materials not in accordance with these Terms of Use is expressly prohibited and may result in severe civil and criminal penalties.

Leyi 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 Service by Leyi. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Leyi, or any derivative works thereof.

6.  User Content.

"User Content" means any communications, images, sounds, and all the materials, data, and information that you upload or transmit through a Leyi game client or the Service, or that other users upload or transmit, including, without limitation, any chat text.

Text uploaded by you and are the sole responsibility of the person from whom the User Content originated. Therefore, users are responsible, and Leyi is not responsible for any files users upload, post, or otherwise make available. Leyi may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Leyi 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. Leyi reserves the right to remove and permanently delete any User Content from the Service with or without notice.

You agree that you are willingly publishing the User Content on the Service using technology and tools provided by Leyi. You understand and agree that you may not distribute, sell, transfer or license your User Content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Leyi. You grant Leyi the right to act as an agent for User Content on your behalf as operator of the Service.

7.  Rules of Conduct and Usage.

The Leyi Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. Leyi 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. Leyi 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 Leyi, and these communications should not be considered reviewed or approved by Leyi. Leyi will not under any circumstances be liable for any activity within the Communication Channels.

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Leyi games. Leyi reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Leyi to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Leyi 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 ways connected with such disputes.

You agree that all your communications with the Communication Channels are public, and therefore you have no expectation of privacy regarding your use of the Communication Channels. Leyi 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 any otherwise disseminate information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  • Abuse, harass, defame, libel, ridicule, mock, stalk, threaten, or harm, or advocate or incite harassment, abuse, or harm of another person, group, in a reasonable person’s view, otherwise offensive or objectionable, including Leyi's customer service representatives.
  • 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.
  • Develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications in violation of the applicable Terms of Use and Policies.
  • Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract source code of the Service or to allow or assist anyone else to do so.
  • Make available through the Service 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 impersonates any other person, including, without limitation, a Leyi employee.
  • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Leyi game.
  • Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
  • Improperly use support channels or complaint buttons to make false reports to Leyi.
  • Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage.

Leyi reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. Leyi reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

8.  Fees and Purchase Terms.

In the Service you may purchase, with "real" currency, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or gems, all for use in Leyi games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

Leyi may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Leyi shall have no liability to you or any third party in the event that Leyi exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, 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 Leyi, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NONREFUNDABLE. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

The provision of Virtual Items for use in Leyi games is a service provided by Leyi that commences immediately upon acceptance by Leyi of your purchase.

9.  Updates to the Service.

You understand that the Service is an evolving one. Leyi may require that you accept updates to the Service and to Leyi's games you have installed on your device or computer. You acknowledge and agree that Leyi may update the Service and Leyi games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Leyi games.

10.  Privacy and Protection of Personal Information.

Information collected from you is subject to the pertinent social network’s policy. By using the Service, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Leyi. Please see Leyi’s Privacy Policy for more information on the collection and use of your personal information. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms of Use.

11.  Disclaimer of Warranty.

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Leyi, 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. Leyi 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.

12.  Limitation of Liability; Sole and Exclusive Remedy; Indemnification.

LEYI DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL TIMES OR ALL LOCATIONS, OR THAT LEYI WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE IN ANY SPECIFIC GEOGRAPHIC AREA.

To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with Leyi is to stop using the service, and to cancel your account. you acknowledge and agree that Leyi is not liable for any act or failure to act regarding conduct, communication or content on the service to the fullest extent permitted by law. the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction.

In no event will Leyi be liable to you or anyone else for any direct, indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if they have been informed of the possibility of such damage.

You further agree that Leyi is not liable, and you agree not to seek to hold Leyi liable, for the conduct of third parties, including other users of the service, and that the risk of the service and the third party websites and of injury from the foregoing rests entirely with you, including damage or loss of any kind.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

13.  Injunctive Relief.

You acknowledge and agree that the rights granted to you and your obligations to Leyi under these Terms are unique and irreplaceable in nature, and the loss of which will irreparably harm Leyi and cannot be compensated by monetary damages alone. You agree that Leyi shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.

14.  General.

By visiting or using the Service, you agree that the laws of Hong Kong, PRC, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Leyi. Any claim or dispute between you and Leyi that arises in whole or in part from your use of the Service shall be decided exclusively by a committee of jurisdiction located in Hong Kong, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Hong Kong.

Leyi may assign or delegate these Terms of Use and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Leyi's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

Leyi may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Use.

These Terms of Use, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Leyi, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.


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