Terms of Service
Last modified: May 25, 2022
1. INTRODUCTION
Lohas Games and the related websitesare owned and operated by Lohas Games Pte. Ltd.and itsaffiliates (collectively，"we", "us", "our" or the "Company").
These Terms of Service (these "Terms") set forth the terms and conditions by which you may access Lohas Gamesand any related services, whether in whole or in part, provided by us (collectively, the "Services"), and form a legally binding agreement between you and us.
IF YOU DOWNLOAD, INSTALL AND USE Lohas Games AND RELATED SERVICES PROVIDED BY US (COLLECTIVELY THE "SERVICES),WHETHER IN WHOLE OR IN PART),YOU ARE DEEMED TO (A) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY; AND (B) AGREE TO BE BOUND BY AND ACCEPTTHESE TERMS AND OTHER RELATED DOCUMENTS THAT ARE EXPRESSLY INCORPORATED INTO THESE TERMS BY REFERENCE. If you are using our Services on behalf of a company association, partnership, organization, or other entity whether in part or in whole, then you agree, represent, warrant, and undertake that (a)"you" and "your" includes you and the company, association, partnership, organization or other entity that you represent; (b) you are duly authorizedby and will remain authorized by, such company, association, partnership, organization or other entity to agree on its behalf and bind such company, association, partnership, organization or other entity to these Terms; and (c) the company association, partnership, organization or other entity is legally responsible for your use of the Services as well as for the use of your Account by any other individual authorized by such company,association, partnership, organization or other entity including without any officers, directors, employees, agents, and advisors of such company association, partnership, organization or other entity.
YOU MUST CAREFULLY READ AND FULLY UNDERSTAND THESE TERMS, INCLUDING ANY TERMS THAT MAY EXEMPT OR RESTRICT THE COMPANY'S LIABILITIES AND/OR RESPONSIBILITIES AND ANY TERMS THAT MAY RESTRICT AND/OR WAIVE YOUR RIGHTS, AS THEY APPLY TO YOUR USE OF THE SERVICE.IN PARTICULAR,THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT DISPUTES YOU MAY HAVE WITH THE COMPANY YOUR USE OF THE SERVICES IS CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS,YOU SHALL NOT DOWNLOAD, INSTALL OR USE Lohas Games OR ANY OF THE OTHER SERVICES.
In order to provide better services or for legal, regulatory or security reasons, we reserve the right to amend, replace and/or otherwise update these Terms from time to time.We will use commercially reasonable endeavors to notify or announce you of any material changes to these Terms. The updated Terms shall become effective and replace the original Terms on the same day of publish, unless otherwise indicated in the Terms upon publish. Youshall review these Terms regularly to check for such changes or agree to our updated Terms via clicking in-app notices, push messages or emails. If you do not agree with or accept the updated Terms, you should choose not to use Lohas Gamesor any of the related Services. Youwill be deemed to have read, understood and accepted the updated Terms if you continue to use Lohas Games or any of the related Services.
2. REGISTRATION AND USE
2.1 Your Eligibility
(a) Anyone under the age of 13 or other minimum age as defined under applicable laws of your jurisdiction (“Minimum Age”) shall not use the Services.
(b) If you have reached the Minimum Age but are under the age of majority as defined under applicable laws of your Jurisdiction ("Majority Age") you may only use and register for a Lohas Games account ("Account") through the representation of your parent or legal guardian, and your parent or legal guardian hereby represents you and accepts these Terms.
(c) Where parental consent or authorization is required under such applicable laws and regulations, you have the obligation to provide us with evidence of such consent or authorization, including as required under applicable laws and regulations, the consent or authorization of the holder of parental responsibility for the minor. We may refuse to process or continue to process the minor's personal information, or provide or continue to provide the Services to the minor until we receive this evidence of consent or authorization.
(d) If you are a minor in your country or region, your use of the Services may be subject to further age restrictions, whether imposed by us or any third party vendor in connection with the provision of certain Services. You may be unable to use or only have limited access to those Services, such as participating in rewards programs, top-up, without the assistance of your parent(s) or legal guardian(s).
(e) If you learn that a child under the Minimum Age has registered for a Lohas Games Account or an Account of a child under the Majority Age not registered under proper representation orguardianship, you may alert us atchildprotection@kwaigamesglobal.com. We will promptly verify, take steps to remove such child's Account Information from Lohas Games and terminate the child's Account.
2.2 License
Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use Lohas Games only on your personal smartphone, tablet, computer or other mobile or wireless device (which must be designated by us as being compatible for use with Lohas Games). Company reserves all rights not expressly granted to you herein. You acknowledge and agree that we may terminate this license at any time, for any reason, with or without cause.
2.3 Access to Lohas Games
The Services are offered and provided to you on an "as is" and "as available" basis at your sole risk. Our goal is to minimize disruption caused by technical errors; however, we cannot guarantee the continuous, uninterrupted or error-free operability of Lohas Games at all times. There may be times when certain functionality or features of Lohas Games or content made available through Lohas Games, or the entire Lohas Games, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of Lohas Games, or any feature, port or content of Lohas Games. We are not responsible if you cannot access the Services properly or at all because of any event out of our control, for example (without limitation) the performance of any software or operating system running on your device or any connected software, hardware, network or service.
2.4 Account Registration
(a) In order to access Lohas Games, you are required to sign up for an Account and become a user of the Services (“User”). You can log into Lohas Games using the user name and the password you create.
(b)You shall provide us with the information and complete all the registration procedures according to the instructions on the registration page. By creating an Account:
(i)you undertake to and shall provide true, accurate, up to date, and complete information as we may from time to time request, and shall not provide us with any false or misleading information;
(ii) you authorize us to assume that any person using Lohas Games with your user name and password is either you or a person authorized to act for you;
(iii)you must not impersonate or attempt to impersonateanother person; and
(iv) you must safeguard the user name and password of your Account and keep them secret and confidential.
2.5 Account Safety and Management
(a) You undertake to, and shall, comply with all applicable laws and regulations when you use Lohas Games and any of the related Services.
(b) If you authorize any person to act for you in relation to the use of Lohas Games, you will ensure that they comply with these Terms at all times. You are responsible for ensuring that your Account is secure, you are advised to take care of your Account and ensure to log out appropriately. You must secure the user name and password associated with your Account and regularly change it.
(c) Your Account can only be used by yourself and you may not lend, give away or rent the Account or transfer, sell or share the Account in breach of these Terms. You shall notify us immediately when you become aware that your Account is used without authorization. You can request us to suspend the login and use of your Account. You shall provide valid personal identity information that is consistent with the registered identity information of the Account upon our request. Otherwise, we reserve the right to refuse your request. We will take measures promptly to suspend the login and use of your Account if the valid personal identity information you provide is verified to be consistent with the registered identity information of the Account. Otherwise, the unauthorized use will be treated as an act of you and you shall be solely liable for all loss, damages and consequences arising therefrom,including but not limited to online signatures of various agreements, release of information, purchase of commodities and services as well as disclosure of information under these Terms. If the use of your Account is deemed to threaten the safety of your Account, the Accounts and/or information of other Users and/or the security or system integrity of Lohas Games, we have the right to suspend and/or terminate your Account and/or stop providing the Services immediately without notice to you at our sole discretion.
(d) We may immediately without notice terminate these Terms with you and suspend or terminate your Account or use of the Services if (a) you have materially breached your obligations under these Terms or other related documents that are expressly incorporated into these Terms by reference; (b) you have violated applicable laws, regulations or third party rights; or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of the Company Users, or third parties. We have the sole right to determine whether you are in breach of any terms contained in these Terms.
(e) You shall not use Lohas Games and the Services to conduct money laundering and/or terrorist financing activities in any way, shape or form. We will closely monitor such acts and investigate any abnormal activity relating to any large amount of Virtual Items. We reserve and you acknowledge that we have the right to suspend or terminate the Account if we detect you have engaged in such activities.We also reserve the right to cooperate with competent authorities, including but not limited to conducting investigations, collecting evidence of such money laundering and/or terrorist financing activities and providing identity information and the transaction records of associated Accounts.
3. INSTRUCTIONS OF CONDUCT
3.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services and shall not use the Services to upload, download, send or transmit sensitive information and information in violation of applicable laws and regulations, including but not limited to information:
(a) Opposing the basic principles defined by any national constitution or similar laws of your jurisdiction;
(b) endangering national security, divulging state secret, subverting state power, and undermining national unity;
(c) harming national honor and interests;
(d) inciting ethnic hatred or ethnic discrimination and undermining ethnic solidarity;
(e) undermining national religious police and customs;
(f)spreading rumor, disturbing social order and undermining social stability;
(g) spreading or otherwise justifying obscenity eroticism, gambling, violence, homicide, body injury,terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people’s lives or health, or violent or cruel actions towards people or animals;
(h) insulting or slandering other people and infringing other people's legal rights andinterests;
(i) distributing works not created by Users themselves which may involve copyright, patent, trademark, trade secret, or other intellectual or proprietary right depute；
(j) exploiting minors;
(k) spreading information on the methods of manufacturing and use of drugs, psychotropic substances and their precursor or encouraging to use any of them;
(I) spreading information on methods of committing suicide as well as calls for suicide;
(m)demonstrating sexual acts;
(n)containing obscene language；
(o)containing pornographic content; or
(p)containing other content prohibited by laws and administrative regulations.
3.2 You shall understand and undertake not to and not allow anyone else to engage in the following prohibited activities:
(a) impersonating others or organizations, falsely claim to be connected with any one or entity, including setting false Account name or accessing the Account of another User, or maliciously use the registered Account to mislead other Users when registering an Account or using Lohas Games and the Services, including but not limited to uploading, publishing and transmitting information;
(b) using the Services to transmit any information that is harassing, libelous, abusive, intimidating, vulgar or obscene, or any other illegitimate information;
(c) using the Services for any unauthorized commercial or other purposes not expressly permitted by these Terms including without limitation spamming, unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;
(d) engaging in any illegal activities or transactions, including teaching people how to commit crimes, selling any illegal drugs, money laundering or defrauding;
(e) providing any advice, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
(f) using or exploiting any of the Company's intellectual property rights (including the Company’s trademark, brand, logo, any other proprietary information or the layout or design of any page), or otherwise infringing on any of the Company’s intellectual property rights (including decompiling or reverse engineering or attempting to decompile or reverse engineer the Company's client or software used);
(g) imitating Lohas Games appearance design and functions;
(h) accessing Lohas Games and the Services and collecting or processing content made available through Lohas Games and the Services by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools;
(i)decompiling, reverie compiling or reverse engineering any of the software used by Lohas Games and the Services or seeking to do any of the foregoing, including determining or attempting to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
(j) distributing materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, Lohas Games and the Services, or servers and networks connected with Lohas Games and the Services;
(k) collecting or storing personal data about other users;
(l) without our written consent, distributing, licensing, transferring, or selling, in whole or in part, any of the Services or any derivative works thereof;
(m) creating multiple Accounts for disruptive or abusive purposes, or maliciously uploading large amounts of repetitive and invalid data and information;
(n)engaging in any actions undermining the fairness of Lohas Games platform and/or the Services or other actions disturbing the proper normal order of the application, such as disrupting our website or any networks connected to the Services, bypassing any measures we may use to prevent or restrict access to the Services, trading reviews with other users or writing or soliciting fake reviews, proactive or passive score cheating, collaborative cheating, using plug-ins, other cheating software or bugs to obtain improper regalinterests, or leveraging the Internet or otherwise to bring plug-ins, cheating software and bugs to the public;
(o) without our authorization, removing any watermark of the "Lohas Games" brand displayed in or along with the Services or any content made available through Lohas Games;
(p) without our authorization, making reference to the brand for any promotional, advertising or commercial purposes, including using phrases such as "In partnership with Lohas Games" and "co-produced with Lohas Games" via any channel or media including but not limited to independently operated social media accounts. For the avoidance of doubt, you may mention any programs themselves in a promotion campaign but not mention their connections with Lohas Games or make promotions with "Lohas Games" brand in campaigns and promotion of collaboratively produced program. You must secure our written approval for any publicity articles containing the brand "Lohas Games". Otherwise, you shall indemnify us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, demands and/or damages arising therefrom; and
(q) violating any applicable laws, regulations, rules, articles and other norms with legal effect.
All rights granted to you under these Terms will terminate immediately in the event that you are found to be in breach of any of the above at our own discretion.
3.3 WE MAKE OR GIVE NO CONDITION, REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY,COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY,INTEGRITY,QUALITY,FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OR INFORMATION MADE AVAILABLE TO YOU THROUGH Lohas Games AND ANY OF THE OTHER SERVICES (THE “CONTENT”) AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED. Lohas Games and our related Services may display Content that is not produced or owned by the Company and is for general information purposes only. This Content is the sole responsibility of the person that makes it available. You should check any Content and exercise your own judgement before acting upon any of the Content.You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy; completeness or usefulness of any Content. You agree that your accessing and viewing of such content is at your own risk. In case of doubt, you should seek your own independent advice with respect to any Content.
3.4 We cannot and do not guarantee that any Content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Lohas Games and the Content made available through it. Please ensure that your device, its operating system, and Lohas Games are completely up to date with all available security software, patches and updates.
3.5 If your use of Lohas Games results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
3.6 We have the right but not the obligation to review monitor, examine and verify the Content uploaded or published by you or other Users for compliance with applicable laws and regulations, requirements of competent governmental authorities and our internal policies. In addition to complying with the content removal orders from relevant judicial or administrative authorities or requests of the Users or any third parties. In response to complaints from other Users or any third parties, or if we, in our sole discretion, believe that any Content does not comply with these Terms, we may take any measures, including without limitation removing or refusing to display such Content.
4. COMMERCIALBEHAVIORS (ONLY BINDING WHEN IN-APP PRODUCT FEATURES ARE APPLICABLE)
4.1 You understand and hereby agree that revenue and value may be generated by your use of Lohas Games, via ways including, without limitation, our sales of advertisement, broadcasting service in Lohas Games, cooperation with other third parties, etc. Subject to these Terms, our express written consent and/or agreement with you, you agree that you:
(a) are not entitled to share such revenue and/or value;
(b) are not entitled to receive any payment and/or other consideration from any content you uploaded to Lohas Games; and
(c) are not entitled to engage in activities to monetize any content you uploaded to Lohas Games without limitation, publishing advertisements in violation of these Terms.
4.2 The Company provides formal and special channels for advertisements publication through Lohas Games and the Services, and will examine and verify such advertisements. You are prohibited to publish commercial information (including but not limited to any advertising materials, sales materials, etc.) on Lohas Games other than the advertisements published through the aforesaid Lohas Games formal and special channels. If you are in breach of the above provision, we reserve the right to take any actions, including without limitation restricting or prohibiting you from using the Services wholly or partially, suspending or terminating your Account, or keeping the related information and delivering or reporting to related authorities.
4.3 For any User Content that features or influenced by a business partner for an exchange of value, we require that you comply with our guidelines on sponsored content, which may be determined, published and updated by us from time to time. More specifically, you cannot accept anything of value to post content that does not feature you or that was created without your involvement. You must comply with all applicable laws and regulations, including by ensuring that you make all disclosures required to other users of the Service, such as any disclosures needed to indicate the commercial nature of User Content.You assume full liability for failure to comply with such laws and regulations.
4.4 You agree and authorize us to publish any commercial advertisements or any other types of commercial information (including but not limited to publishing advertisements on any pages of Lohas Games) to you while providing the Services and you agree and authorize us to send you sales and other commercial information using contact information provided by you to us for the purposes of registration and maintenance of the Account (including your email, phone number and other contact information) subject to the requirements of applicable laws and regulations.
4.5 Your correspondence or dealings with, or participation in promotions of, any third party advertisers on Lohas Games are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of advertisements on Lohas Games.
5. VIRTUAL ITEMS (ONLY BINDING WHEN IN-APP PRODUCT FEATURES ARE APPLICABLE)
5.1 Virtual items, such as Coins, virtual diamonds (the "Diamonds" and each a "Diamond"), virtual gifts, etc. may be used on Lohas Games platform under different scenarios (all such virtual items within Lohas Games are collectively referred to as" Virtual Items"). You irrevocably acknowledge and agree we have the absolute right to, in our sole discretion, manage, modify, update and/or cancel, the whole or part of the rewards program from time to time, whether in specific or general cases, including without limitation, certain features or relevant exchange rate for our Services.
5.2 For the avoidance of doubt, Virtual Items within Lohas Games shall be used solely within Lohas Games as part of our Services and shall not be used or be transferred, assigned, sold beyond Lohas Games in any way including without limitation, be exchanged for any legal currency or legal tender of any country or region.
6. INTELLECTUAL PROPERTY RIGHTS AND CONTENT
6.1 We respect Intellectual property rights and encourage you to upload or transit original content, and we will take measures to protect your intellectual property rights in accordance with applicable laws and regulations.
6.2 You hearby represent and warrant that you are the owner of all trade mark, copyright and other intellectual property rights, or you have received all necessary authorization, approval, licensing and/or clearances from the owner of such intellectual property rights, in relation to the content that you upload, publish or transmit on Lohas Games through your Account (including but not limited to text, words, graphics, software, photographs and other images, trade marks, logos, videos, audios, etc.)(the "User Content") in accordance with these Terms (when applicable). Wheneveryou submit User Content to or through the Service, you must ensure that your User Content and your conduct comply with these Terms. You hereby grant us a worldwide, royalty-free, non-exclusive,sublicensable, transferable, and perpetual (unless withdrawn expressly in writing by you) license but not an obligation to (a) display the User Content within the Services; (b) allow other users to view, access, play and download the User Content subject to your Account's privacy settings; and (c) otherwise use, host, store, reproduce, modify, create derivative works (such as those results from translations, adaptations or other changes we make so that your content works better with the Services), communicate, publish, publicly perform, publicly display and distribute the User Content. Without limiting the generality of the foregoing, you shall be deemed to have granted us (unless withdrawn expressly by you) the license to use (including but not limited to copy, publish, release, as well as adapt, reproduce, translate, transmit, perform and display in original form or other forms) the User Content for legitimate commercial purposes, including but not limited to promotion if you accept these Terms.
6.3 You undertake to procure that all the User Content you upload on Lohas Games shall not infringe or otherwise misappropriate the Intellectual property rights of any other persons. We reserve the right to moderate, block, or delete the related User Content without prior notice upon notification from an intellectual property rights owner or any other persons of any suspected or actual intellectual property rights infringement, and you shall be liable for any loss, damages or other consequences arising out of, in connection with and/or relating to such suspected or actual infringement.
6.4 If we suspect or become aware that any other user or third party has infringed or is infringing your intellectual property rights, we are entitled to act on your behalf or authorize any agents, including without limitation professional third parties, to take all necessary actions on your behalf in our sole discretion, including but not limited to monitoring the infringing acts, communicating with the alleged infringer, bringing proceedings or making a claim, or conducting mediation or arbitration, to the extent allowed by the applicable legislation.
6.5 You acknowledge and agree that the User Content will be considered non-proprietary and non-confidential. You must not upload or transit any User Content that you consider to be proprietary or confidential. You may decide and control the extent of the availability of your User Content (i.e. whether to all other Users, Users you selected or only to yourself by way of Lohas GamesIn-app settings, subject to in-app features and functions available in Lohas Games).
6.6 Notwithstanding the foregoing, the whole or part of User Content provided by one User may be extracted by another User to produce additional User Content, subject to in-app prior approval from the User, where applicable. When you choose to transfer or upload User Content, which may include content generated by other Users and/or us, to other platforms or websites operated by a third party, you shall do so incompliance with these Terms and any terms and conditions of use of such other platform or website.
6.7 You acknowledge that Lohas Games and content provided through Lohas Games are subject to protection by trademark, copyright and other intellectual property rights. Other than the User Content, all intellectual property rights in Lohas Games and any Content (including content provided by the Company and other Users, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, etc.) are owned by us or our licensors.We retain all right, title and interest in and to Lohas Games and any modifications and updates thereto.Except as expressly set out here, using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and you acknowledge that you do not acquire any right, title or other ownership rights by downloading content from Lohas Games. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by applicable law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Further, you shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of Lohas Games in any way for any public or commercial purpose without our prior written consent. Without prejudice to other remedies that we're entitled to, we reserve the right, with or without notice, at any time and in our sole discretion to suspend and/or terminate the Accounts of any User who infringes or is alleged to infringe any trademarks, copyrights or other intellectual property rights.
7. EXCLUSION OF WARRANTIES; INDEMNIFICATION; AND LIABILITIES
7.1 EXCLUSION OF WARRANTIES
(a) Your use of the Service is entirely at your own risk after having carefully considered these terms and having fully understood its implications on your legal rights.
(b) THE SERVICE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO IT. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT (1) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS； (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY,OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.2 INDEMNIFICATION; LIMITATIONS ON LIABILITY
(A)NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
(b) You agree to defend, indemnify and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you, your content or any user of your Account of applicable laws and regulations or these Terms, including your obligations. representation and warranties herein.
(c) To the extent that such liabilities may not be limited or excluded under applicable laws and regulations, we are not liable to you for and you agree to defend,indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, in respect of your use of the Services and/or Lohas Games, or access to any information as a result of such use by you or any other person, whether or not authorized.
(d) YOU AGREE THAT THE COMPANY HAS NO LIABILITY FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT) SUFFERED BY YOU DUE TO:
(i)ANY INTERRUPTION, INTERCEPTION, SUSPENSION, DELAY, LOSS, UNAVAILABILITY,OR OTHER FAILURE IN PROVIDING THE SERVICES OR YOUR USE OF Lohas Games, IN TRANSMITTING INSTRUCTIONS OR INFORMATION RELATING TO THE SERVICES OR YOUR USE OF Lohas Games, OR IN CONNECTING WITH THE SERVICES OR YOUR USE OF Lohas Games CAUSED BY ANY ACTS, OMISSIONS OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION MAINTENANCE OR CONNECTION FAILURE OF THE INFORMATION NETWORK EQUIPMENT, FAILURE OF COMPUTER, COMMUNICATION OR OTHER SYSTEMS, HACKER ACTIVITIES, COMPUTER VIRUSES, POWER FAILURE, STRIKE, REVOLT, FIRE, FLOOD, STORM, EXPLOSION, WAR, PANDEMIC, ACT OF GOVERNMENT, ORDER OF JUDICIAL AND ADMINISTRATIVE AUTHORITIES OR ANY OTHER THIRD-PARTY REASONS;OR
(ii)TRANSMISSION AND/OR STORAGE OF INFORMATION AND/OR DATA RELATING TO YOU, AND/OR TRANSACTIONS OR DEALINGS CONDUCTED BY YOU PURSUANT TO THE SERVICES THROUGH OR IN ANY SYSTEM, EQUIPMENT OR INSTRUMENT OF COMMUNICATION NETWORK PROVIDER.
(e) If you violate or are suspected of violating applicable laws and regulations or these Terms, we reserve the right to take all necessary actions (including but not limited to suspending or terminating your Account or your use of the Services, or reporting to the relevant authorities) immediately without notice to you at our sole discretion.
(f) SUBJECT TO APPLICABLE LAWS AND REGULATIONS. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DIRECT,INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, GOODWILL, OPPORTUNITY OR LOSS OF ANTICIPATED SAVINGS OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO, RELIANCE ON, OR USE OF, OR INABILITY TO USE THE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
(g) To the fullest extent permitted by applicable laws and regulations, you acknowledge and agree that any claim or dispute you have with any other third party in connection with the Services is between you and such third party and you irrevocably agree to release, indemnify and hold harmless us our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, demands and/or damages arising out of such claim or dispute.
（h）OUR TOTAL LIABILITY TO YOU, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT,TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, IF ANY, SHALL BE LIMITED TO THE TOTAL AMOUNT OF PAYMENTS MADE BY YOU TO US IN THE PAST 16 MONTHS.
8. YOUR PERSONAL INFORMATION
We collect and process personal data of users of Lohas Games. All personal data is handled in accordance with ourPrivacy Policy, which is expressly incorporated into these Terms by reference.
9.SENSOR TECHNOLOGY
You acknowledge and agree that we are not responsible for the Touch ID, fingerprint authentication or similar sensor or biometric technology (where available) on the device you access and/or use Lohas Games with and we expressly exclude any statutory or other warranty, condition, term or undertaking as to the quality, accuracy or performance of such Touch ID, fingerprint authentication or similar sensor or biometric technology as a means for securing access to and using Lohas Games and/or the Services.
10.THIRD PARTY PROVIDERS
10.1 You acknowledge that certain parts of Lohas Games and certain content and services made available through Lohas Games (other than the User Content) are provided or maintained by third parties and not by us, including payment services. By using the Service, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy completeness, availability timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any such third party content or services.
10.2 Prior to access or use of any payment services, you may be required to update Lohas Games to the latest version or enable or activate any password or authentication measures or provide password or authentication credentials for such measures. You shall keep your password or authentication credentials secure and confidential at all times.
10.3 We do not guarantee the quality, reliability or suitability of the content or services provided by any third parties, made available, advertised or linked through Lohas Games, and we will bear no responsibility for your access to, use of interaction or relationship with the content or services provided by any third parties. You agree that you access, view and interact with such services and content at your own risk. If you access third party services through Lohas Games, you must comply with any terms and conditions applicable to those services.
10.4 You agree that, we will not be liable or responsible for any loss or damage of any sort incurred as the result of any correspondence or dealing solely between you and any third party.
10.5 We may review content or third party services made available through Lohas Games to determine whether or not they comply with any of our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of the Services.
10.6 Subject to our Privacy Policy, we may explore developer tools provided by third parties from time to time to enable or facilitate features, functions or business for Lohas Games platform in accordance with these Terms of Service.
11.EXTERNAL LINKS
11.1 To the extent where Lohas Games contains any link to other websites or resources, the following provisions apply:
(a) Although these websites or resources are selected with care we are not responsible for the content or accuracy of any off-site pages or any other sites or resources linked to Lohas Games (including those sites or resources linked through advertisements or through any search engines).
(b) We are also not responsible for the processing of your personal data by these websites or resources. You may need to refer to their privacy policies with regard to such processing.
(c) The fact that we include links to such external websites and resources does not imply any endorsement of, or association with such operators, content or opinions. Your use of websites or resources linked from Lohas Games is subject to any terms and conditions applicable to those websites or resources.
12. APPLICABLE LAWS AND JURISDICTION
12.1 To the fullest extent permitted by applicable laws and regulations, the validity,interpretation, modification, supplement, termination, execution of these Terms and any dispute or claim resulting from or in connection with these Terms will be governed by and construed in accordance with the laws of Singapore, provided that nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.
12.2 Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination shall be firstly settled through friendly and amicable negotiation between you and the Company, If the negotiation fails, it will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC rules then in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
13. MISCELLANEOUS
13.1 These Terms are the entire agreement between you and us in relation to your use of the Services and supersede all prior agreements between us in relation to your use of the Services.
13.2 The failure of either you or us to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.
13.3 Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by,the respective parties, will survive such termination or expiration.
13.4 If any provision of these Terms is held by a court to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, it shall be deemed deleted without affecting the validity and enforceability of the remaining provisions of these Terms. If the invalid, illegal or unenforceable provision cannot be deleted without altering the essence of these Terms, we may amend these Terms to remedy such invalidity, illegality or unenforceability to the extent needed to achieve the intent of the original provision.
13.5 We welcome feedback, comments and suggestions for improvements to the Service ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
13.6 Each party shall pay its own costs incurred in connection with the performance of any of its obligations under these Terms, save to the extent that is expressly provided otherwise in these Terms.
13.7 No provision in these Termsis intended to or creates a partnership between the parties or establishes a party as the agent of another party for any purpose. A party has no authority to act for, bind, contract In the name of or create a liability for the other party by any means or for any purpose.
13.8 Each party shall, and shall use all reasonable endeavors to procure that any necessary third party shall, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.
13.9 Notwithstanding any other provision in these Terms:
(a) you shall not without our prior written consent, assign, transfer, novate, part with, outsource, subcontract or delegate any of your rights, responsibilities and/or obligations under these Terms (in whole or in part); and
(b) we may assign, transfer, novate, part with or subcontract any of our rights, responsibilities and/or obligations under these Terms (in whole or in part) to any other member of the Company without your prior consent .
13.10 A person who is not a party to these Terms has no right to enforce any terms of these Terms.
14. CONTACT INFORMATION
If you have any complaints, suggestions orother questions on these Terms, please contact us via in-app access for feedback or complaints or through email at cs@kwaigamesglobal.com. We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.