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These Terms of Service and Policy ("Terms") are a legal agreement between JoyTap Limited, its Affiliates ("JoyTap" or "we" or “us”) and you ("you"). Affiliates shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. By installing or using any JoyTap developed or published game or application or registering a JoyTap User Account with us ("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. JoyTap reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.
Users are responsible for periodically viewing the Terms and its modifications or revisions. Your continued use of the Service after a change or update of the Terms has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms or the revised Terms your sole remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.
We will provide the Service while you shall provide the suitable equipment (computer, phone, tablet, etc.) and pay all necessary fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Service.
If you violate the Terms, JoyTap reserves the right to issue you a warning notice regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that JoyTap need not provide you with such notice before terminating or suspending your account(s), but it may do so.
JoyTap reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of the Terms but JoyTap shall not be obliged to disclose any reason for doing so.
You agree that JoyTap 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.
You represent that you are 18 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to the Terms.
In order to use our Services, we may request you to create a JoyTap User Account (“Account”) and select a password and/or provide us with certain personal information, which may include but not limited to your name, birth date, e-mail address, mobile phone number This information will be held and used in accordance with JoyTaps Privacy Policy and in compliance with Personal Data (Privacy) Ordinance, Cap. 486 of the laws of Hong Kong.
You agree to supply JoyTap with accurate, complete, and updated information.
You are responsible for maintaining the security of your Account. Do not share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether it is or is not authorized by you, including any purchase made using any payment methods. The use of your Account and the Account password should not be transferred to another person.
You shall inform us immediately if you are aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.
In the case of extended inactivity of your Account for which 120 days or more have passed since the last access, we are entitled to delete your inactive Account and any related game data (including, but not limited to, Virtual Currency and Virtual Goods as defined in clause 5) without giving any prior notice. All usage rights related to deleted Account and game data therewith in this service will be extinguished at the time the game data is deleted and we will not take any recovery measures under any circumstances.
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 applicable law from unauthorized use. The entire contents of the Service are copyrighted and protected under the Hong Kong copyright and intellectual property rights laws and/or similar intellectual property 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, reverse engineered or sold in any form or by any means, in whole or in part, or otherwise exploited without JoyTap's 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 platform. All other uses of copyrighted material, including any derivative use, require express prior written permission from JoyTap. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
JoyTap and/or its licensors shall remain as the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by JoyTap. You acknowledge that you do not acquire any ownership or proprietary rights by using the Service or by accessing any materials posted on the Service by JoyTap, or any derivative works thereof.
JoyTap grants you a personal, non-exclusive, non-transferable, revocable, limited scope licence to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your licence to use the Services is limited by these Terms or the revised Terms.
You agree that you are willingly publishing the content on the Service using technology and tools provided by JoyTap. 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 prior written permission of JoyTap. You grant JoyTap 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 JoyTap. 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 JoyTap is not responsible for any files users upload, post, or otherwise make available. JoyTap may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the JoyTap application. By using JoyTap you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that JoyTap 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 caused by use of the User Content.
JoyTap reserves the right to remove and permanently delete any User Content from the Service with or without notice.
The Service may also include virtual, in-game digital items (”Virtual Goods”) that may be purchased from JoyTap for ”real money” . Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from JoyTap or any other party. You understand that you have no right or title in Virtual Goods .
JoyTap retains the right to modify, manage, control and/or eliminate Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.
The JoyTap Service may provide or use other communication channels such as forums, communities, social media platforms or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The use of your Personal Information (if any) by such Communication Channels will be subject to their own privacy policy and practices. JoyTap is not responsible for the privacy policy or practices of any such Communication Channel. JoyTap 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. JoyTap 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 JoyTap, and these communications should not be considered reviewed or approved by JoyTap. JoyTap will not under any circumstance be liable for any activity within Communication Channels.
You agree that all your communications with the Communication Channels are done in public domain, and thus you shall have no expectation of privacy regarding your use of the Communication Channels. JoyTap 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 for lawful purposes 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 JoyTap
· 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
By using the Service, you agree to the collection and use of your personal information by us as outlined in this Privacy Policy. We may amend the Privacy Policy from time to time, and we encourage you to consult the Privacy Policy regularly for changes.
You may review, update, correct or delete any personal information by changing the applicable information in your profile page on Facebook and/or other social network(s) and/or other mobile platforms. If you completely delete all this information, your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we are not legally obligated to retain the record.
We have put in place reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your personal information for improper purposes. Also please note that email and messaging systems are not considered secure, so we discourage you from sending us personal information through these mediums. Although in compliance with Personal Data (Privacy) Ordinance, Cap 486 of the laws of Hong Kong, we will adopt appropriate security procedures to help prevent unauthorized access to your Personal Information, we shall not be liable for any attempt to hack or crack or otherwise gain access to any part of the Service including any of your Personal Information.
The Service is not geared toward children under the age of 18 and we do not knowingly collect personal information from children under the age of 18. If we learn that a child under 13 has provided us with personal information we will delete such information from our files as quickly as possible.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, JoyTap, its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implied, 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. JoyTap makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; JoyTap 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 JoyTap, its Affiliates, 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 JoyTap has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law in the applicable jurisdiction. You specifically acknowledge and agree that JoyTap shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of loss or damage from the foregoing rests entirely with you.
You agree to indemnify and hold JoyTap, and each of its Affiliates, 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.
These Terms of Service, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by JoyTap without any restriction.
By visiting or using the Service, you agree that the laws of Hong Kong, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and Privacy Policy and any dispute of any sort that might arise between you and JoyTap. Any claim or dispute between you and JoyTap that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent 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. However, nothing aforesaid shall preclude JoyTap from pursuing all available remedies, including relief from a court of competent jurisdiction, in the case of a dispute in which JoyTap seeks injunctive relief, or where JoyTap must file suit in order to avoid the expiration of the applicable statute of limitations or to enforce the judgment of the courts of Hong Kong.
JoyTap reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of JoyTap following any amendment of these Terms of Service will signify your consent to and acceptance of its revised terms. YOU AND JoyTap AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY TIME BARRED.
When you purchase Virtual Goods, you are acquiring a limited, personal, and revocable license to use the Virtual Goods. You acknowledge and agree that the Virtual Items do not constitute personal property. All Virtual Goods purchased by you are non-refundable.
JoyTap reserves the right to suspend or terminate services provided to you without notice for safety reasons or in other necessary circumstances.
If you have any questions about these Terms of Service and Privacy Policy, please contact us at [email protected] If you have any questions about your personal information including what we hold and how it is used, you can contact our Data Protection Officer at [email protected]. You are entitled to request for a copy of the Personal Information we hold about you (for which we may charge a small fee) and to have any inaccuracies in your information corrected.
Last updated on: October 30, 2024