TERMS OF
SERVICE
Welcome to River Game HK,
as used in these terms and conditions of use ("Terms"), "River Game HK", "we", "us", or "our" refer to River Game HK Limited, and all of its affiliates.
We provide our users ("River Game HK Users") with: Applications for mobile
platforms or devices, Please read these Terms
carefully because they govern your access to and use of our Services, River Game HK Content, and User Content (defined below) and
are legally binding. YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "SIGN UP" BUTTON WHERE APPLICABLE, OR BY
ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR
THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND
AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A
MEMBER (DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO
RIGHT TO ACCESS OR USE OUR SERVICES OR River Game HK CONTENT. Certain Services,
and your access to or use of certain River Game HK
Content, may have different, Service-specific or River Game HK
Content-specific terms and conditions ("Rules") posted or may require you to agree with and accept such additional
Rules. If there is a conflict between these Terms and Service-specific Rules or
River Game HK Content-specific Rules, the applicable
Rules will take precedence with respect to your use of, or access to, such
Service or River Game HK Content. In addition, River Game HK offers access to third-party mobile
applications available via our Services (each, a "Third-Party Mobile Application"), which are designed by third-party publishers (each, a "Third-Party Publisher"). You understand and agree that access
to, and use of, any Third-Party Mobile Application shall be subject to terms
and conditions of use where provided by the Third-Party Publisher of such
Third-Party Mobile Application ("Third-Party Terms").
Before accessing or using the Service,
including browsing any River Game HK website or
accessing a game, you must agree to these Terms of Service and the Privacy
Policy. You may also be required to register an account on the Service (an
"Account"). By registering for an Account or otherwise using the
Service, you affirm that you are the legal age of majority in your country of
residence. If you are not, your legal guardian must review and agree to these
Terms.
1. MODIFICATION
River Game HK reserves the right, at its sole
discretion, to modify, discontinue or terminate our Services, including any
portion thereof, on a global or individual basis, or to modify these Terms, at
any time and without prior notice. If we modify these Terms, we will post these
Terms as modified or otherwise provide you with notice of the modification. By
continuing to access or use our Services after we have posted a modification to
these Terms or have provided you with notice of a modification, you are
indicating that you agree to be bound by the modified Terms. If the modified
Terms are not acceptable to you, your only recourse is to cease using our
Services.
2.NO UNLAWFUL
OR PROHIBITED USE
By using our Services, you represent and
warrant to River Game HK that you will not use our
Services, or any of the content obtained from our Services, for any purpose
that is unlawful or prohibited by these Terms.
3.ELIGIBILITY
AND REGISTRATION
YOU AGREE THAT IF YOU ARE UNDER THE AGE
OF 18 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES,
YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO
THESE TERMS. In registering for a River Game HK, you
agree to monitor the account to restrict any use by minors. You accept full
responsibility for any unauthorized use of our Services by minors, and this
includes any use of your credit cards or other payment or settlement
instruments or devices by minors. During the registration process, you will be
required to provide certain information, and you will establish a username. You
agree to provide accurate, current, and complete information during the
registration process and to update such information to keep it accurate,
current, and complete. River Game HK reserves the
right to suspend or terminate your River Game HK
Account if any information provided during the registration process or
thereafter proves to be inaccurate, not current, or incomplete. If you are not
a Member, you may only browse or use in limited ways
those parts of our Services that are not limited to Members only. You agree not
to disclose your password to any third party or to allow any third party to use
your River Game HK Account, and you agree to take
sole responsibility for any activities or actions under your River Game HK Account, whether or not you have authorized
such activities or actions. You will immediately notify River Game HK
of any unauthorized use of your River Game HK
Account. EVEN THOUGH WE USE THE WORD "YOUR" TO DESCRIBE A River Game HK
ACCOUNT YOU REGISTERED FOR, YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER
PROPERTY INTEREST IN THE River Game HK ACCOUNT AT ALL, AND YOU FURTHER AGREE
THAT ALL RIGHTS IN AND TO THE River Game HK ACCOUNT ARE AND ALWAYS WILL BE
OWNED BY AND INURE TO THE BENEFIT OF River Game HK.
4.PRIVACY
Use of our Services is also governed by River Game HK's Privacy Policy. If you have any questions
about the River Game HK's Privacy Policy, please
contact us via email at support_th@rivergame.net.
5.CONTENT
Certain types of content are made
available on or through our Services: User Content means text, data, graphics,
images, photos, video or audiovisual content, hypertext links and any other
content uploaded, transmitted, or submitted by a Member
on or through our Services. River Game HK Content
means text, data, graphics, images, illustrations, forms, documents, marketing
materials, look and feel attributes, River Game HK or
our licensors' trademarks and logos, River Game HK
Applications and Third-Party Mobile Applications, and other content made
available by River Game HK on or through our
Services, including any Customizations but excluding User Content.
Customizations mean the modifications, designs, or enhancements to River Game HK Content as a result of a Member's
or a non-registered user's customization of a River Game HK
character using one of River Game HK's interactive
templates or design tools. For the avoidance of doubt, Customizations do not
include User Content.
6.OWNERSHIP
Our Services and River Game HK
Content are protected by copyright, trademark, and other laws of People's
Republic of China and foreign countries. Except as expressly provided in these
Terms, River Game HK and our licensors exclusively
own all right, title, and interest in and to the Services and River Game HK Content, including all associated
intellectual property rights, including any patents, copyrights, trademarks,
service marks, trade names, database rights, domain name rights, applications
for any of the foregoing, moral rights and trade secret rights ("Intellectual Property
Rights"). River Game HK will
exclusively own all right, title and interest in and to any Customizations and
you hereby waive any and all rights you may have in any Customizations under
copyright law or otherwise. You will not remove, alter or obscure any
copyright, trademark, service mark, or other proprietary rights notices
incorporated in or accompanying our Services or River Game HK
Content.
7.River Game HK
CONTENT LICENSE
Subject to your compliance with these
Terms, River Game HK hereby grants you a limited,
non-exclusive, non-transferable, non-sublicensable license to access, view,
download and print, where applicable, any River Game HK
Content solely for your personal and non-commercial purposes. You will not use,
copy, adapt, modify, prepare derivative works based upon, distribute, license,
sell, transfer, publicly display, publicly perform, transmit, stream,
broadcast, or otherwise exploit the Services or River Game HK
Content, except only as expressly permitted by these Terms. No licenses or
rights are granted to you by implication or otherwise under any Intellectual
Property Rights owned or controlled by River Game HK
or its licensors, except for the licenses and rights expressly granted by these
Terms.
8.USER CONTENT
By making available any User Content on
or through our Services, you hereby grant to River Game HK
a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
license, with the right to sublicense, use, copy, adapt, modify, distribute,
license, sell, transfer, publicly display, publicly perform, transmit, stream,
broadcast and otherwise exploit such User Content only on, through or by means
of our Services. River Game HK does not claim any
ownership rights in any such User Content and nothing in these Terms will be
deemed to restrict any rights that you may have to use and exploit any such
User Content. You acknowledge and agree that you are solely responsible for all
User Content that you make available on or through our Services. Accordingly, you
represent and warrant that: you either are the sole and exclusive owner of all
User Content that you make available on or through our Services or you have all
rights, licenses, consents, and releases that are necessary to grant to River Game HK the rights in such User Content as
contemplated under these Terms; and neither the User Content nor your posting,
uploading, publication, submission or transmittal of the User Content or River Game HK's use of the User Content (or any portion
thereof) on, through or by means of our Services will infringe, misappropriate
or violate a third party's Intellectual Property Rights, or rights of publicity
or privacy, or result in the violation of any applicable law or regulation.
9.NO INFRINGING
USE
You will not use our Services to offer,
display, distribute, transmit, route, provide connections to or store any
material that infringes copyrighted works or otherwise infringes, violates, or
promotes the infringement or violation of the Intellectual Property Rights of
any third party.
10.RATINGS,
CHAT, COMMENTS & FEEDBACK
You can chat and make comments about
content made available on or through our Services ("Comments"). River Game HK advises you to exercise
caution and good judgment when leaving such Comments. We do not generally
monitor, review, or moderate your Comments. Once you complete and submit your
Comments on or through our Services, you should not expect to be able to go back
and edit your Comments, nor should you expect us to make modifications to, or
deletions of, your Comments on your behalf. You should be aware that you could
be held legally responsible for damages to someone's reputation if your
Comments are deemed to be defamatory. Without limiting any other terms or
conditions of these Terms, River Game HK may, but is
under no obligation to do so, monitor or censor Comments and disclaims any and
all liability relating thereto. Notwithstanding the foregoing, River Game HK does reserve the right, in its sole
discretion, to remove any Comments that it deems to be improper, inappropriate
or inconsistent with the online activities that are permitted under these
Terms. We welcome and encourage you to provide feedback, comments and
suggestions for improvements to our Services ("Feedback"). You may submit Feedback by emailing us at support_th@rivergame.net or
by submitting through our Feedback system within our Services. You acknowledge
and agree that all Feedback will be the sole and exclusive property of River Game HK and you hereby irrevocably assign to River Game HK and agree to irrevocably assign to River Game HK all of your right, title, and interest in and
to all Feedback, including without limitation all worldwide Intellectual
Property Rights therein. Further, we are under no obligation to provide
compensation for any Feedback. At River Game HK's
request and expense, you will execute documents and take such further acts as River Game HK may reasonably request to assist River Game HK to acquire, perfect, and maintain its
Intellectual Property Rights and other legal protections in the Feedback.
11. VIRTUAL
ITEMS AND VIRTUAL CURRENCY
River Game HK owns, has licensed, or otherwise has
the rights to use all River Game HK Content appearing
or originating in the Services, River Game HK
Applications, or Third-Party Mobile Applications, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency"). Virtual Items and Virtual Currency are provided solely for your
personal and entertainment use, they may only be used in River Game HK
Applications or Third-Party Mobile Applications, and they have no "real world" value. By purchasing or
receiving Virtual Items and Virtual Currency all that you receive is a limited license
to use them in River Game HK Applications or
Third-Party Mobile Applications by these Terms or such other terms as may
apply; Virtual Items and Virtual Currency are not your personal property and no
ownership interest in them is transferred to you. The prices for and the
amounts and kinds of Virtual Items and Virtual Currency available may be
changed at any time without notice. Virtual Items and Virtual Currency that you
receive may also be changed or discontinued at any time without notice. You cannot
sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual
Currency, except only that where allowed you can exchange, within the Services,
River Game HK Applications, and Third-Party Mobile
Applications, those Virtual Items and Virtual Currency that cannot be purchased
with "real world" money ("Tradable Items") for other Tradable Items so
long as no money or anything of monetary value is paid or given for Tradable
Items; any other purported or attempted exchange is strictly prohibited. Virtual
Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares,
merchandise, services, or anything of monetary value from River Game HK
or any other person.
12.ORDERS &
PAYMENTS
YOU AGREE THAT IF YOU ARE UNDER THE AGE
OF 18 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES,
YOU MAY MAKE PAYMENTS ONLY WITH THE INVOLVEMENT OF YOUR LEGAL GUARDIAN, AND YOU
REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THESE
TERMS. You may purchase, with "real world" money, limited licenses to use
Virtual Items or Virtual Currency from River Game HK
in accordance with these Terms, and you agree that all such purchases are
final. If you order licenses for Virtual Items or Virtual Currency from River Game HK that become unavailable before they can be
provided to you, your only remedy is to request a refund of the purchase price
from the payment processor of the transaction. Your orders for limited licenses
to Virtual Items or Virtual Currency are offers for use of those Virtual Items
or Virtual Currency, and if accepted those Virtual Items or Virtual Currency
will be immediately downloaded to your River Game HK
Account. You expressly consent to the making available of Virtual Items and
Virtual Currency immediately upon acceptance of your order. If you are a
resident of the European Union and you purchase limited licenses to Virtual
Items and Virtual Currency from us, the right to withdraw from such purchases
within 7 working days of the date of purchase ("Cooling
Off Period") may be available to you; however, this
right of withdrawal will not apply where our performance begins before the end
of the Cooling Off Period. Therefore, you expressly agree and understand that
if you order limited licenses to Virtual Items or Virtual Currency from us,
your right of withdrawal is forfeited upon acceptance as the performance begins
immediately on acceptance. You understand and agree that River Game HK
provides no refunds for any purchases except only as expressly stated in these
Terms.
13.TAXES
You are responsible for and will pay all
fees and applicable taxes incurred by you or anyone using a River Game HK
Account registered to you.
14. MOBILE
OPERATING SOFTWARE PROVIDERS AND THIRD-PARTY PUBLISHERS
Providers of operating software for
mobile devices ("OS
Providers") offer virtual storefronts and marketplaces
for you to browse, locate, and download, among other things, mobile
applications. If you download River Game HK
Applications or Third-Party Mobile Applications from a virtual storefront or
marketplace operated by your OS Provider, please note that, in addition to
complying with these Terms (and the terms and conditions of any applicable
Third-Party Publisher), you must also comply with the terms and conditions of such
virtual storefront or marketplace, such, as for example, Google’s Android Market. As for Third-Party
Publishers, although River Game HK is not a party to
any license between you and any Third-Party Publishers with respect to
Third-Party Mobile Applications, you acknowledge and agree that River Game HK is a third-party beneficiary of each such
Third-Party Mobile Application's end user license agreement. You also agree
that, upon your acceptance of the terms and conditions of the license to any
such Third-Party Mobile Application, River Game HK,
as a third-party beneficiary, will have the right (and will be deemed to have
accepted the right) to enforce such license against you.
15.
INTERACTIONS BETWEEN USERS
You are solely responsible for your
interactions (including any disputes) with other River Game HK
Users. Even if we choose to offer report user, block a user, or similar
features on our Services, you will remain solely responsible for, and you must
exercise caution, discretion, common sense, and judgment in, using our Services
and disclosing personal information to other River Game HK
Users. You agree to take reasonable precautions in all interactions with other River Game HK Users, particularly if you decide to meet a River Game HK User offline, or in person. Your use of our
Services, River Game HK Content, User Content, and
any other content made available through our Services is at your sole risk and
discretion and River Game HK hereby disclaims any and
all liability to you or any third party relating thereto. River Game HK
reserves the right to contact Members, in compliance with applicable law, in
order to evaluate compliance with these Terms and any other applicable Rules.
You will cooperate fully with River Game HK to
investigate any suspected unlawful, fraudulent, or improper activity,
including, without limitation, granting authorized River Game HK
representatives access to any password-protected
portions of your River Game HK Account.
16. GENERAL
PROHIBITIONS
You agree not to do any of the following
while using our Services, River Game HK Content, or
User Content: Post, upload, publish, submit or transmit any text, graphics,
images, software, music, audio, video, information or other material that:
infringes, misappropriates or violates a third party's Intellectual Property
Rights, or rights of publicity or privacy; violates, or encourages any conduct
that would violate, any applicable law or regulation or would give rise to
civil liability; is fraudulent, false, misleading or deceptive; is defamatory,
obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group; is violent
or threatening or promotes violence or actions that are threatening to any
other person; or promotes illegal or harmful activities or substances
(including but not limited to activities that promote or provide instructional
information regarding the manufacture or purchase of illegal weapons or illegal
substances). Use, display, mirror, frame or utilize framing techniques to
enclose our Services, or any individual element or materials within our
Services, River Game HK's name, any River Game HK or River Game HK
licensor's trademark, logo or other proprietary information, the content of any
text or the layout and design of any page or form contained on a page, without River Game HK's express written consent; Access, tamper
with, or use non-public areas of our Services, River Game HK's
computer systems, or the technical delivery systems of River Game HK's
providers; Attempt to probe, scan, or test the vulnerability of any River Game HK system or network or breach any security or
authentication measures; Avoid, bypass, remove, deactivate, impair, descramble
or otherwise circumvent any technological measure implemented by River Game HK or any of River Game HK's
providers or any other third party (including another River Game HK
User) to protect our Services or River Game HK
Content; Attempt to access or search our Services or River Game HK
Content, or download River Game HK Content from our
Services, through the use of any engine, software, tool, agent, device or
mechanism (including spiders, robots, crawlers, data mining tools or the like)
other than the software and/or search agents provided by River Game HK
or other generally available third-party web browsers (such as Google Chrome,
Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera); Send any
unsolicited or unauthorized advertising, promotional materials, email, junk
mail, spam, chain letters or other form of solicitation; Use any meta tags or
other hidden text or metadata utilizing a River Game HK
or River Game HK licensor's trademark, logo URL or
product name without River Game HK's express written
consent; Use our Services or River Game HK Content
for any commercial purpose or the benefit of any third party or in any manner
not permitted by these Terms; Forge any TCP/IP packet header or any part of the
header information in any email or newsgroup posting, or in any way our
Services or River Game HK Content to send altered,
deceptive or false source-identifying information; Attempt to decipher,
decompile, disassemble or reverse engineer any of the software used to provide
our Services or River Game HK Content; Interfere
with, or attempt to interfere with, the access of any user, host or network,
including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing our Services; Collect or store any personally
identifiable information from our Services, or from other users of our
Services, without their express permission; Impersonate or misrepresent your
affiliation with any person or entity; Violate any applicable law or
regulation; Encourage or enable any other individual to do any of the
foregoing; Post User content or take any action that infringes or violates the
rights of another Member: Bully, harass or intimidate any Member of the
Services; Solicit Member login credentials from another Member or collect User
content or otherwise access the Services by automated means including but not limited
to, bots, robots, spiders; Create an River Game HK
Account for anyone other than yourself; Use your Member profile for personal
commercial gain; Use cheats, exploits, hacks, bots, mods or third party
software designed to gain an advantage, perceived or actual, over other
Members, or modify or interfere with the Service; Abuse or exploit a bug,
glitch or mechanism in the Service; or Engage in any fraudulent behavior,
including but not limited to credit card scams or credit card misappropriation.
Posting spam or reposting removed content in the official River Game HK
Forums. This includes but is not limited to posting the same content multiple
times or reposting a thread or topic that has been removed from the forums.
Unsportsmanlike behavior. Account sharing, including but not limited to the
sharing of username and password for others to log in for you. River Game HK will have the right to investigate and
prosecute violations of any of the above, including Intellectual Property
Rights infringement and Services security issues, to the fullest extent of the
law. River Game HK may involve and cooperate with law
enforcement authorities in prosecuting users who violate these Terms. You
acknowledge that River Game HK has no obligation to
monitor or record your access to or use of our Services or River Game HK
Content, or to monitor, record, or edit any User Content, but agree that we
have the right to do so for the purpose of operating our Services, to ensure
your compliance with these Terms, or to comply with applicable law or the order
or requirement of a court, administrative agency or other governmental body.
You acknowledge and agree that you have no expectation of privacy concerning
uploads, transmissions, or submissions of any User Content. River Game HK
reserves the right, at any time and without prior notice, to remove or disable
access to any User Content that River Game HK, in its
sole discretion, considers to be in violation of these Terms or otherwise
harmful to our Services. We encourage River Game HK
Users to report any suspected misconduct or misuse of our Services by sending
us an email to support_th@rivergame.net.
17. LINKS AND
THIRD-PARTY MATERIALS
Our Services may contain links to
third-party websites or resources. You acknowledge and agree that River Game HK is not responsible or liable for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or services on or available from such
websites or resources. Links to such websites or resources do not imply any
endorsement by River Game HK of such websites or
resources or the content, products, or services available from such websites or
resources. You acknowledge sole responsibility for and assume all risk arising
from your use of any such websites or resources. If you elect to use our
Services on mobile carrier networks, such a carrier's normal billing rates will
apply. In addition, certain content, products, and services available via our
Services may include materials from third parties, including Third-Party Mobile
Applications. You agree that River Game HK is not
responsible for examining or evaluating third-party content, or such content's
accuracy, and River Game HK does not warrant and will
not have any liability or responsibility for any Third-Party Mobile
Applications, or for any other materials, products, or services of third
parties. You agree that you will not use any Third-Party Mobile Applications,
or other third-party materials, in a manner that would infringe or violate the
rights of any other party, and that River Game HK is
not in any way responsible for any such use by you.
18. SWEEPSTAKES
AND CONTESTS
River Game HK may permit the offer of sweepstakes,
contests, and similar promotions (collectively, "Promotions")
through the Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which
you participate through the Services, as they may contain additional important
information about River Game HK's rights to and
ownership of the submissions you make as part of the Promotions and as a result
of your participation in such Promotion. To the extent that the terms and
conditions of such Official Rules conflict with these Terms, the terms and
conditions of such Official Rules will control.
19. TERMINATION
OF River Game HK ACCOUNTS
Without limiting other remedies, River Game HK may at any time suspend or terminate your River Game HK Account and refuse to provide access to our
Services if River Game HK suspects or determines, in
its own discretion, that you may have or there is a significant risk that you
have: (i) failed to comply with any provision of
these Terms or any policies or Rules established by River Game HK;
(ii) engaged in actions relating to or in the course of using our Services that
may be illegal or cause liability, harm, embarrassment, harassment, abuse or
disruption for you, River Game HK Users, River Game HK or any other third parties or our Services;
or (iii) infringed the proprietary rights, rights of privacy, or Intellectual
Property Rights of any person, including as a repeat infringer. In addition, River Game HK may notify authorities or take any other actions
it deems appropriate, without notice to you, in the event of any of the above.
You may terminate your River Game HK Account at any
time and for any reason by sending an email to support_th@rivergame.net.
20. EFFECTS OF
TERMINATION, SUSPENSION OF ACCOUNT
Upon termination of your River Game HK Account for any reason by you or us, you will
lose all access to such account. Terminated River Game HK
Accounts cannot be reinstated; any River Game HK
Account that may be registered by you after the termination of a River Game HK Account is a unique account. If your River Game HK Account is terminated for any reason by you
or us, you understand and agree that any Virtual Items to which you had access
via your River Game HK Account at the time of
termination will be lost and no longer be available to you, and you will have
no right to them. If your River Game HK Account is
terminated for any reason by you or us, you understand and agree that River Game HK may redeem and use the Virtual Currency in
the River Game HK Account at the time of termination
for any purpose that it may choose, and that on termination you will have no
right to that Virtual Currency. In addition, if there is no activity in your River Game HK Account for 3 years (Inactive Account), you
understand and agree that (i) River Game HK
may redeem and use the Virtual Currency in the Inactive Account at such time
for any purpose that it may choose, and that on the account becoming an
Inactive Account you will have no right to that Virtual Currency; and (ii) any
Virtual Items to which you had access via the Inactive Account up to the
account becoming an Inactive Account will be lost and no longer be available to
you, and you will have no right to them. YOU AGREE THAT River Game HK
IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT
RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL
CURRENCY IN AN INACTIVE ACCOUNT OR THAT WAS IN A TERMINATED River Game HK
ACCOUNT, NO MATTER HOW EITHER CAME ABOUT. After any termination, you understand
and acknowledge that we will have no further obligation to provide our Services
and all licenses and other rights granted to you by these Terms will
immediately cease. River Game HK will not be liable
to you or any third party for termination of our Services or termination of
your use of our Services. UPON ANY TERMINATION OR SUSPENSION OF YOUR River Game HK
ACCOUNT, ANY CONTENT, MATERIALS, OR INFORMATION (INCLUDING USER CONTENT) THAT
YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR River Game HK
ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, River Game HK
will have no obligation to maintain any information stored in our database
related to your River Game HK Account or to forward
any information to you or any third party. Any suspension, termination or
cancellation will not affect your obligations to River Game HK
under these Terms (including, without limitation, proprietary rights and
ownership, indemnification and limitation of liability), which by their sense
and context are intended to survive such suspension, termination or
cancellation.
21.DISCLAIMERS
OUR SERVICES, River Game HK CONTENT, AND
USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITING THE FOREGOING, River Game HK EXPLICITLY DISCLAIMS
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE. River Game HK MAKES NO WARRANTY THAT OUR SERVICES, River Game HK
CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. River Game HK MAKES NO WARRANTY
REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR
OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM River Game HK OR
THROUGH OUR SERVICES, River Game HK CONTENT OR USER CONTENT, WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
22.INDEMNITY
You agree to defend, indemnify, and hold
River Game HK, its officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages, losses, and
expenses, including, without limitation, reasonable legal and accounting fees,
arising out of or in any way connected with User Content you submit to River Game HK, your access to our Services or River Game HK Content, or your violation of these Terms.
23.LIMITATION
OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO
AND USE OF OUR SERVICES, River Game HK CONTENT, AND USER CONTENT THEREIN
REMAINS WITH YOU. NEITHER River Game HK NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR River Game HK CONTENT WILL
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR
SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF
OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT River Game HK HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT River Game HK
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU. FURTHER, River Game HK WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD
PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED
FROM OR THROUGH OUR SERVICES. IN NO EVENT WILL River Game HK'S AGGREGATE
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF
OR INABILITY TO USE OUR SERVICES OR River Game HK CONTENT OR USER CONTENT
THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN River Game HK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
24.TRADEMARKS
& OTHER PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos,
trade names, and any other proprietary designations of River Game HK
or our licensors used in association with the Services are trademarks or
registered trademarks of River Game HK or our
licensors. Any other trademarks, service marks, logos, trade names and any
other proprietary designations are the trademarks or registered trademarks of
the respective owners of same.
25. CONTROLLING
LAW AND JURISDICTION
These Terms and any action related
thereto will be governed by the laws of Hong Kong without regard to its
conflict of laws provisions. Any dispute arising from
or in connection with These Terms shall be submitted to the Hong Kong
International Arbitration Centre (HKIAC) for arbitration, which shall be
conducted in accordance with HKIAC 's arbitration rules in effect at the time
of applying for arbitration. The seat of arbitration shall be Hong Kong. The
language to be used in the arbitral proceedings shall be English. The arbitral
award is final and binding upon both parties.
26. ENTIRE
AGREEMENT
These Terms constitute the entire and
exclusive understanding and agreement between River Game HK
and you regarding our Services and River Game HK
Content, and these Terms supersede and replace any and all prior oral or
written understandings or agreements between River Game HK
and you regarding our Services and River Game HK
Content.
27.ASSIGNMENT
You may not assign or transfer these
Terms, by operation of law or otherwise, without River Game HK's
prior written consent. Any attempt by you to assign or transfer these Terms,
without such consent, will be null and of no effect. River Game HK
may freely assign these Terms. Subject to the foregoing, these Terms will bind
and inure to the benefit of the parties, their successors, and permitted assigns.
28.NOTICES
You consent to the use of: (i) electronic means to complete these Terms and to deliver
any notices or other communications permitted or required hereunder; and (ii)
electronic records to store information related to these Terms or your use of
our Services. Any notices or other communications permitted or required
hereunder, including those regarding modifications to these Terms, will be in
writing and given: (i) by River Game HK
via email (in each case to the address that you provide) or (ii) by posting on
or through our Services. For notices made by e-mail, the date of receipt will
be deemed the date on which such notice is transmitted.
29.GENERAL
The failure of River Game HK
to enforce any right or provision of these Terms will not constitute a waiver
of future enforcement of that right or provision. The waiver of any such right
or provision will be effective only if in writing and signed by a duly
authorized representative of River Game HK. Except as
expressly set forth in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its other remedies
under these Terms or otherwise. If for any reason a court of competent jurisdiction
finds any provision of these Terms invalid or unenforceable, that provision
will be enforced to the maximum extent permissible and the other provisions of
these Terms will remain in full force and effect. You agree that (i) these Terms are intended to cover any Third-Party
Publisher who is an affiliate of River Game HK Limited.
("Affiliate Publisher"); (ii) your obligations to River Game HK
under these Terms extend to Affiliate Publishers as applicable unless otherwise
agreed under any Third-Party Terms with any such Affiliate Publisher; and (iii)
Affiliate Publishers are third party beneficiaries under these Terms who may
rely on and directly enforce these Terms against you as such.
30.CONTACTING
US
If you have any questions about these
Terms, please contact River Game HK at support_th@rivergame.net.