This Terms of Service is a legally binding agreement that governs your use of http://www.xiexingnet.com/ games and applications offered by XIEXING GAMES accessed through third party web sites. By using or accessing the Service, you agree to be bound by these Terms.
1.Subject to your acceptance of these Terms, XIEXING GAMES grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
2.XIEXING GAMES reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which XIEXING GAMES had actual notice on the date of amendment.
3.We will notify you of any modifications to these Terms with the following methods: a.we will post any modifications on http://www.xiexingnet.com/ or within the Service, and/or b.we will send you a message informing you of the modified terms and linking you to the posting at http://www.xiexingnet.com/. You agree that you will (a) periodically check http://www.xiexingnet.com/ for updates to these Terms, and (b) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to http://www.xiexingnet.com/ and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
4.XIEXING GAMES reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
5.You agree to be bound by any application, forum, or game specific rules published within the Service.
6.Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of XIEXING GAMES’s copyrights related to the Service. XIEXING GAMES reserves the right to terminate your access to the service without notice if you violate these Terms.
7.You represent that you are 20 years old or older. If you are under 20, you represent that your legal guardian has reviewed and agrees to the Terms.
1.Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by XIEXING GAMES is protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Republic of China copyright laws and/or similar laws of other jurisdictions. XIEXING GAMES, as well as the XIEXING GAMES logo, and all game names are trademarks of XIEXING GAMES and may not be used without the express written permission of XIEXING GAMES.
2.You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
3.You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of XIEXING GAMES.
4.All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to XIEXING GAMES in connection with the use of the Service shall be the exclusive property of XIEXING GAMES. You agree that unless otherwise prohibited by law XIEXING GAMES may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
1.The Service may include a virtual, in-game currency (Virtual Currency) including, but not limited to coins, cash, or points, that may be purchased from XIEXING GAMES for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (Virtual Good) that may be purchased from XIEXING GAMES for (real world) money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for (real world) money, goods or other items of monetary value from XIEXING GAMES or any other party.
2.Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
3.XIEXING GAMES has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and XIEXING GAMES shall have no liability to you or anyone for the exercise of such rights.
4.Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or other items with value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from XIEXING GAMES Service, and possible legal action from XIEXING GAMES.
5.You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in XIEXING GAMES’s sole and absolute discretion, or if XIEXING GAMES discontinues providing the Service.
1.The Service may invite you to use chat rooms, blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to XIEXING GAMES and/or to or via the Service, including, without limitation, messages, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any material you transmit to XIEXING GAMES will be treated as non-confidential and non-proprietary.
2.You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without XIEXING GAMES incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
3.You grant to XIEXING GAMES the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote such Content.
4.XIEXING GAMES has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but XIEXING GAMES does have the right to enforce such rights through any means it sees fit, including bringing and conducting litigation on your behalf.
5.XIEXING GAMES has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. XIEXING GAMES may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that XIEXING GAMES reserves the right to treat User Content as content stored at the direction of users for which XIEXING GAMES will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to XIEXING GAMES’s attention.
6.You acknowledge that you do not rely on XIEXING GAMES to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
1.You are granted a limited revocable license to post an image of your personal avatar and/or screen shot from your account, of your farm for example, within the Service and any other materials that XIEXING GAMES specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site a.is not a commercial competitor to XIEXING GAMES, b.does not criticize or harm XIEXING GAMES, c.does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and d.does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of XIEXING GAMES’s rights and remedies are expressly reserved, and XIEXING GAMES may revoke this limited license, in whole or in part, upon notice.
2.Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site: a.You must a display a prominent link to the Service’s homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and b.You agree to include, and not remove or alter, XIEXING GAMES's trademark, copyright or other proprietary rights notices, as provided by XIEXING GAMES on the Service and within e-mail page(s), when displaying an avatar or images from an XIEXING GAMES game, and you agree to comply with usage guidelines that may be provided by XIEXING GAMES from time to time. You agree that all goodwill that arises in connection with your use of XIEXING GAMES's trademarks inures exclusively to XIEXING GAMES, and you agree not to challenge XIEXING GAMES’s ownership or control of any XIEXING GAMES trademarks, nor use or adopt any trademarks that might be confusingly similar to such XIEXING GAMES trademarks.
1.As a condition of your use of and access to the Service, you agree to comply with these Usage Rules. The Usage Rules are provided as examples and do not preclude any application or game specific rules published within the Service.
2.You agree that your use of and conduct on the Service shall be lawful and your User Content will not: a.include any offensive comments that are connected to race, national origin, gender, sexual orientation or physical handicap; b.include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; c.defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone; d.promote violence or describe how to perform a violent act; e.violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or f.be in violation of these Terms or the game rules of conduct (collectively “Content Restrictions”).
4.XIEXING GAMES does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, XIEXING GAMES specifically disclaims any responsibility with regard thereto.
2.Users that maintain more than one account on a social network may not access this Service from multiple accounts. If you provide any information that is untrue, incomplete, or not current, or XIEXING GAMES has reasonable grounds to suspect that such a situation has occurred, XIEXING GAMES has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Provider reserves the right to terminate accounts that have been inactive for 180 consecutive days.
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release XIEXING GAMES and hereby agree to indemnify XIEXING GAMES 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 dispute.
2.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, including, without limitation, actions for breach of warranty, breach of contract or tort and that the XIEXING GAMES Parties shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the Service. You further specifically acknowledge that the XIEXING GAMES Parties are not liable, and you agree not to seek to hold the XIEXING GAMES Parties liable, for the conduct of third parties, including other users of the Service and operators of external sites, and that the risk of the Service and external sites and of injury from the foregoing rests entirely with you.
3.Under no circumstances will the XIEXING GAMES Parties be liable to you for more than the amount you have paid XIEXING GAMES in the ninety (90) days immediately preceding the date on which you first assert any such claim.
You agree to defend, indemnify and hold harmless the XIEXING GAMES Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.