Xiexing Games LTD (hereinafter referred to as “Company") respects the privacy of anyone who uses our games, mobile applications, game portals, game forums, gaming chats, website http://xiexingnet.com/ (hereinafter referred to as "Website"), digital content and any related services overall (hereinafter referred to as "Services").
1. Information / Data the Company collects.
Information (hereinafter referred to as "Data") received by the Company includes collected data, with which the Company can not uniquely identify any user as an individual. The company may use third-party tools or software to automatically collect and use certain Data. Types of Data that the Company may collect and use include, but are not limited to:
Properties of the user's device, including, but not limited to, a unique device identifier or other device identifier;
Software platform and firmware;
Geographic information, such as postal code, long-distance telephone code and location;
Game points and achievements, as well as other information about the game account;
Some specific information about the end user, including any data related to user experience and displayed user name;
The type of operating system that the end user uses;
Data of the Internet provider of the end user (IP address) and / or other data reasonably required by the Company to provide the Services.
Data obtained when user goes to the Website via a link from another website, the address of the website containing the link and the address of any website to which the user goes further;
It is quite possible that users, at their own discretion, without notice to the Company, provide information with which the user can be identified in general, including the user's name, email address, phone number, photo and other images, gender, date of birth, address, etc.
The Company does not check and cannot verify the correctness or reliability of any user data.
The Company may collect Data that users share with them and Data that the Company gets from user’s use of Services, including Data that may be accessible via a third party platform, web application or any other service.
Company may use user’s email address to contact the user to ask for their opinion about the Services and to inform user about Company’s new and special offers. User’s email may be used to send the user any goods or merchandise as promotional items. If user no longer wishes to receive such promotional materials, such user can at any time opt out of receiving it by sending an email to the Company.
2. Reasons why the Company collects Data.
The Company uses Data in its entirety for the purpose of management and provision of Services and products, taking into account the available functionality, as well as for analyzing the use of the Services. Information also helps the Company to improve the quality of its Services and products, personalize communication and advertising.
3. Disclosure and Transfer of Data.
The Company may use the collected Data to analyze the use of the Services, place advertising, manage and provide Services and products. For these purposes, the Company may disclose Data to partners with whom the Company has contractual obligations and / or which have their own specific service technologies or payment services. Payment service providers have the right to process Data for the purpose of providing payment acceptance services whenever the user purchases any of the Services. In particular, the Company can trust the processing of information on payment methods to payment systems of third parties that comply with the Payment Card Industry Data Security Standards. The User is aware and agrees that the analysis carried out by the Company's partners can combine the collected Data with other information that they independently collected through other services or products related to the user's activities. These partners collect and use information according to their own privacy policies. They can not use custom Data for their own marketing purposes.
The Company may also disclose Information to third parties in the event that the Company has reason to believe that disclosure is necessary to eliminate potential or actual damage to or infringement of the intellectual property of the Company and its affiliated companies, operations, users or others who may suffer damage or if the Company realizes that such disclosure is necessary to protect the rights of the Company and its affiliated companies to fight fraud and/or execute a judicial decision in the judicial field or through
legal processes which the Company or its affiliates are parties of.
The Company has the right to disclose the Data in response to a legal request, for example, in response to a court decision. The company may also disclose such information in response to a request from the Office of Law Enforcement or if the Company believes that it is necessary to investigate, prevent or take action against illegal activities, suspected fraud, situations of potential threats to the physical security of any individual, violations of our terms and in the case of other necessities provided by law.
The Company may transfer User Data in cases when the Company or one of its divisions is acquired, sold or merged with another company.
The Fyber Group (Fyber N.V., Fyber Monetization Ltd., Fyber GmbH, Fyber Media GmbH, Fyber RTB GmbH, Advertile Mobile GmbH, and Heyzap Ltd.) (hereinafter called "Fyber"), a company registered at the following address: Johannisstraße 20
4. User profile settings.
When creating his/her own profile in the Services, each user has the ability to manage personal profile settings, including changing the appearance of a personal profile, adding necessary information to the profile, but is not limited to them.
As of the effective date of this Policy, Apple, Google and Amazon allow device owners who use their operating systems and / or iOS and Android platforms to limit their tracking and targeting to advertising. The company does not control the denial processes at the level of user devices and is not responsible for any choice of users through such mechanisms or for the continued availability, accuracy, efficiency or location of these mechanisms. Using device-level denial mechanisms can separate a user from all third-party personalized advertisements. If the user uses other operating systems (except iOS and Android), and such operating systems do not provide a device-level denial mechanism, users need to contact the Company to discard all third-party personalized advertisements. If such a denial cannot be realized due to the technical specificity of the platform, or for other reasons, the user at his/her own discretion may refuse to continue using the Services.
5. Security measures.
The user acknowledges that any Data that the user discloses in forums, blogs, chat rooms or similar sources is public information and can not be treated as Personal Data and be protected from disclosure.
6. Cookies and other technical information.
Company may send "cookies" to user’s computer or use similar technologies to enhance user’s online experience on the Website and across the Internet. "Cookies" are files that can identify user as a unique customer and store user’s personal preferences as well as technical information (including click through and click stream data). Cookies can either be permanent (i.e., they remain on user’s computer until the user deletes them) or temporary (i.e., they last only until user closes browser).
7. Changing and saving data.
In any case, the user can delete the Personal Data in the following way: by sending the Company a written notice that contains sufficient information to identify the user. The notification will be processed as soon as possible.
Even if the Data had been changed or deleted, the Company may keep certain data for resolving disputes, enforcing user agreements and meeting technical and legal requirements and restrictions related to the security of the Service.
8. Processing of international data.
As the Company operates internationally, the Company can store and process Data both within the China and in other countries around the world.
9. Governing Law.
This Agreement is governed, construed, and enforced in accordance with the laws of China, disregarding the Conflict of laws rules.
10. Age restrictions.
We do not knowingly collect or solicit personal data or direct or target interest-based advertising to anyone under the age of 13. If you are under 13, do not send us any information about yourself, including your name, address, phone number or email address. Persons under 13 years of age are not allowed to provide any personal information. If we become aware that we have collected personal data from persons under the age of 13, we will delete such data as soon as possible.
Users under the age of 18 are not allowed to use paid services provided through the Internet, without the permission of the parents or legal guardians. We urge parents and guardians to be vigilant in order to prevent all persons under the age of 18 from accessing products and Services that are not age-appropriate.
Age restrictions may vary depending on the country in which the user resides. Please read the table below:
Australian Classification Board (ACB) (Australia) - 15
Classificação Indicativa (classind) (Brazil) - 12
Entertainment Software Board (ESRB) (North America) - T 13
Pan-European Game Information (PEGI) (Europe) - 12
Unterhaltungssoftware Selbstkontrolle (USK) (Germany) - 12
IARC Generic (Other countries) - 12
If you think that we possess any information about a child or received from a child younger than the age specified above, please contact us. If we find that we have collected personal information about a child younger than the age specified above, we will remove this information as soon as possible.
1.1. Grant of a Limited License to Use the Service.
The following restrictions apply to the use of the Service:
You agree to not create an Account and not access the Services if you have not reached the permitted age to use the Company Services; you will take action to restrict the use of the Services by minors who have not received permission from their parents or guardians and to prevent the use of the Service by children who have not reached the permitted age for the use of the Services. You assume full responsibility for any use of your credit card or other payment instrument (for example, PayPal) by persons under the age of majority.
You agree not to buy, sell, rent or give away your Account, create an Account under a false name or use false information or create an Account on behalf of other persons, or attempt to perform any of the above actions. You agree not to use the Service if your Account had previously been deleted by Xiexing Games or if your access to the Company's game had previously been blocked.
You agree to use your Account only for non-commercial purposes. You undertake not to use the Services for the distribution, attraction or transfer of any commercial advertisements, including letters sent through the chain, junk or spam e-mail or repetitive or deceptive messages to anyone.
Your Account and login information
You shall not share the Account or the Login Information with anyone, nor allow anyone other than you to access your Account or perform any other actions that may endanger your Account. In case if you become aware or you reasonably suspect that there has been any breach of security, including, without limitation, any loss, theft or unauthorized disclosure of Login Information, you agree to immediately change the password to log in. You are solely responsible for all uses of the Information, including purchases, regardless of whether they were made with your permission or not. You are responsible for all activities related to your account.
Xiexing Games reserves the right to remove or change any usernames at any time and for any reason, including third-party claims regarding the violation of any third-party user's rights..
For each game, the Service only supports one Account per device. The company is not responsible for any possible negative consequences when using multiple Accounts on the same device.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act the Company deems to be in conflict with the spirit or intent of the Service or make improper use of the Company's support services.
Use cheating (cheats) and participate (directly or indirectly) in their use, exploit the vulnerability of the system, use automated software, bots, software for hacking, modifications and any other unauthorized third-party software intended to interfere with the Service, any game of the Company or any gaming function, but not limited to them.
Modify or cause any files that are part of the Service or any game of the Company to be modified without the consent of Xiexing Games, expressed in writing.
Disrupt, interfere or otherwise adversely affect the normal operation of the Service, or otherwise act in a manner that could adversely affect the experience of other users when using the Service. This includes prize (won values) trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (hereinafter referred to as "Server") used to offer or support the Service or any Xiexing Games' game environment.
Institute, assist, or become involved in any type of attack, including, without limitation, distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Xiexing Games, 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, or software that is part of the Service.
Post any 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 offensive subject matter, including, but not limited to nudity, excessive violence or posts that contain a link to such content.
Harass, abuse, harm, attempt to or advocate or incite harassment, abuse, or harm of another person, group, including Xiexing Games employees and Xiexing Games' customer service representatives.
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 Xiexing Games employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Xiexing Games game or to obtain any information from the Service or any Xiexing Games game using any method not expressly permitted by Xiexing Games.
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Xiexing Games' 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.
Xiexing Games 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 Service or the Service itself. Xiexing Games 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.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR IF THE COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA PROFILE 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 COMPANY 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 RULES 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 REPETITIVELY INFRINGE THE THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
CUBIC GAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Company reserves the right to stop offering and/or supporting the Service or part of the Service of particular game at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Company shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you or others submitted.
You can terminate your Account at any time and on any basis by contacting Technical Support online or in writing to the registered office address: Yiola House, 3 Steliou Mavrommati Street, Ground floor, office 102 Agio Zoni 3031 Limassol, Cyprus.
All rights, title and interest in and to the Service (including, without limitation, any games, titles, computer code, themes, objects, characters, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information and the Company game clients and server software) are owned by Xiexing Games. Company reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
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 CUBIC GAMES.
3. User Content and user Interactions
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Xiexing Games game or the Service, or that other users upload or transmit, including, without limitation, any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is
accurate and not confidential or misleading;
not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content to do so;
free of viruses, adware, spyware, worms or other malicious code;
The company assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk.
Company reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including, without limitation, your User Content) without notice for any reason or for no reason at any time.
You hereby grant Xiexing Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.
You also hereby grant to Xiexing Games the right to authorize others to exercise any of the rights granted to Xiexing Games under these Terms of Service.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Company reserves the right but has no obligation, to become involved in any way with these disputes.
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 way connected with such disputes.
4. Fees and Purchase Terms
You acknowledge that you may access and/or download certain Services for free and, at the same time, you may have additional content or services available for purchase with real currency in certain Services (purchases from the application).
In the Service you may purchase, with real currency, a limited, personal, non-transferable, non-sublicensable, revocable license to use:
"Virtual Currency", including, but not limited to, virtual money, coins, diamonds intended for use in the Company's games;
"Virtual in-game items" (together with "Virtual Currency", "Virtual Items");
other goods or services (hereinafter referred to as "Merchandise")
You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
Xiexing Games may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Outside any cases 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, Xiexing Games, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Xiexing Games games is a service provided by Xiexing Games that commences immediately upon acceptance of your purchase by Xiexing Games.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Xiexing Games may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT CUBIC GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. Xiexing Games may require that you accept updates to the Service and to Xiexing Games' games you have installed on your device or computer. You acknowledge and agree that Xiexing Games may update the Service and Xiexing Games 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 Xiexing Games games.
6. Disclaimer of Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CUBIC GAMES EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SERVICE SHALL BE PROVIDED “AS IS” WITHOUT FURTHER WARRANTIES OF ANY NATURE. YOU SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE SERVICE. CUBIC GAMES DOES NOT GUARANTEE THAT THE SERVICE MEETS YOUR REQUIREMENTS AND THAT SERVICE OPERATION WILL BE UNFAILING AND ERROR-FREE.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUBIC GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CUBIC GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, CUBIC GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO CUBIC GAME IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAD NOT PAID ANYTHING TO CUBIC GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND CUBIC GAMES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH CUBIC GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CUBIC GAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CUBIC GAMES.
You agree to indemnify, defend and hold Xiexing Games (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution and Law
If a dispute arises between you and Xiexing Games, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support at email@example.com. You agree that any claim or dispute that you may initiate against the Company is subject to the exclusive jurisdiction laws of England and Wales, disregarding the Conflict of laws rules.
11. Force Majeure
Xiexing Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Xiexing Games, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Xiexing Games' control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.