Effective Date: January 1, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.
This Terms of Service ("Agreement") is a legally binding agreement between Beijing Zhuowan Network
Technology Co., Ltd ("JoyOne," "we," "our," or "us") and you
("you" or "User"). This Agreement governs your use of or access to JoyOne Game(s), our
online website, any game-specific site, software systems, customer support, social media, community channels
and/or any other online services provided by JoyOne and by any of our authorized third party (collectively the
"JoyOne Services"), whether as a guest or a Registered User (as defined below).
In particular, we
draw your attention to some important terms in this Agreement. By accepting this Agreement:
· You agree to
JoyOne rules and policies that are expressly incorporated into this Agreement, including our Privacy Policy,
which explains what Information we collect from you and how we protect it.
· You agree that you use the
JoyOne Services at your own risk, and that JoyOne's liability to you is limited as set forth in Section 12
below.
· You agree to resolve disputes between you and JoyOne in individual arbitration, and not in court, as
set forth in Sections 19 and 19A below. We have put this up front, bold, and in all caps due to its
importance:
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTIONS 19
AND 19A BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFICALLY DESCRIBED IN THOSE SECTIONS, YOU AND JoyOne
AGREE TO RESOLVE DISPUTES BY BINDING, INDIVIDUAL ARBITRATION, AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY
OR AS PART OF A CLASS ACTION. YOU AND JoyOne FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER, AS EXPLAINED IN SECTIONS 19 AND
19A BELOW.
· You agree that to enter into this Agreement, you are an adult of legal age of majority in your
country of residence, and you are legally and financially responsible for all actions using or accessing the
JoyOne Services. BY ACCEPTING THIS AGREEMENT, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY AND
UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS GOVERNING DISPUTE RESOLUTION CONTAINED IN SECTIONS 19 AND
19A.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES
WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT
THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
"JoyOne Game(s)" refer to any game(s) that JoyOne
has launched or in the future will launch, or any of its game(s) during the test process.
JoyOne Game(s)
include but are not limited to the software of JoyOne Game(s) (including but not limited to the whole game
software and any content, component, element or feature involved therein), any patches, updates, and upgrades to
the application, any related content, documentation, add-ons, supplements, any game-related services made
available to you by JoyOne under this Agreement, and/or any copy of the foregoing.
Please note the software
of JoyOne Game(s) may contain Cheat Detection software or features. "Cheat Detection" means
functionality intended to identify Cheats. "Cheats" means programs, methods, processes or other
programs with software or hardware on any formats that may give Users an unfair competitive advantage within
JoyOne Game(s).
If you do not agree to install the Cheat Detection software or at any time remove or disable
the Cheat Detection features, alone or make combination with JoyOne Game(s), the license granted to you under
this Agreement automatically terminates and you should immediately stop accessing any of the JoyOne Services.
Please note that the JoyOne Game(s) with the Cheat Detection software therein may collect and transmit details
about your account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy
Policy. In the event that Cheats are identified, you agree that JoyOne may exercise part or all of its rights
hereunder. You confirm that, by installing, copying, running or otherwise using the JoyOne Game(s), you agree to
be bound by this Agreement.
By making a registration or application for a JoyOne Account, downloading the
software of JoyOne Game(s), playing the JoyOne Game(s) (including but not limited to updates, upgrades,
patches), browsing our websites, accessing various online operation or maintenance services, or otherwise
accessing any services provided by JoyOne, you are deemed to have read, understood, and accepted all the terms
of this Agreement.
JoyOne reserves the right to amend, modify or revise this Agreement at any time and you
agree to check periodically for new terms. Please note that your continued use of the JoyOne Services shall
constitute your acceptance to be bound by the newly updated Agreement.
IF YOU DO NOT AGREE TO ANY TERM OF
THIS AGREEMENT, PLEASE DO NOT, EITHER DIRECTLY OR INDIRECTLY, USE OR ACCESS TO THE JoyOne SERVICES IN ANY WAY.
a. You may be required to register or have a JoyOne Account ("Account") in order to use the JoyOne
Services.
To create an Account, you will be required to register as a User and accept the JoyOne Account
Terms of Service. If you do not accept those terms, you will not be able to create an Account.
b. You may
establish an Account only if you are a natural person and an adult in your country of residence, and you are not
an individual specifically prohibited by us from using the JoyOne Services.
When you have successfully
created an Account, as a registered user ("User" or "Registered User"), you need to create a
username ("Nickname") to be used during your game play. You acknowledge and agree not to use a
Nickname which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words
and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out
certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to
terminate your usership or Account and have the right to require your re-registration with a new acceptable
Nickname if, in our discretion, we consider that your Nickname (or its use) is offensive or otherwise breaches
the agreement terms in any way.
c. By creating a JoyOne Account, you agree that you will:
(i) provide
accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration
process ("Personal Data"); and
(ii) maintain and promptly update your Personal Data and keep your
Personal Data accurate, up to date, and complete.
d. You acknowledge that to create an Account, you must be
at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and
that you are an adult in your country of residence (or at other age in your jurisdiction where you are
classified as above the legal age of majority) when using the JoyOne Services.
e. You agree to provide
accurate and complete registration information, and you are not suggested to create a Nickname that reflects
your real name or other Personal Data.
f. You shall be responsible for keeping your Account secure and
confidential (including but not limited to email address, passwords or other related account information). Also,
you acknowledge that you shall be responsible for any and all actions performed, using, or accessing the JoyOne
Services through your Account, whether or not authorized by you.
g. Each Account is unique and important to
each User. You shall neither transfer or otherwise make your Account information available to third parties, nor
use other User(s)' Account(s) at any time. If you sell your Account or other related information, JoyOne
reserves the right to take action, including but not limited to the right to terminate your Account immediately
without any refund.
h. We may terminate your usership or Account at any time for any reason without any
further formality if we have reason to believe that you have failed to comply with this Agreement. If your
Account is so terminated, you will not be permitted to re-register as a User without our express permission. If
you decide to terminate your usership or Account, please contact our support service, and we may terminate it as
soon as reasonably practical after receiving your termination request.
i. You are responsible for maintaining
the confidentiality of your Account information and if any third parties use your Account or otherwise access
your Account, you may not claim compensation from JoyOne. In the event of theft, unauthorized use or any other
security breach pertaining to your Account, it is your responsibility to notify JoyOne immediately.
License Grant
JoyOne grants you a personal, limited, revocable, non-exclusive, non-transferable and
non-sublicensable right to install and use the JoyOne Game(s) software on devices you legally own or control,
solely for your personal entertainment and non-commercial purpose (the "License"). The rights granted
to you by JoyOne under this License are subject to the terms of this Agreement and you may make use of the
License only if you comply with all applicable terms. The License becomes effective on the date that you accept
this Agreement.
By accepting this Agreement, you understand and acknowledge that the JoyOne Game(s) software
is licensed, not sold to you, under the License, and furthermore that the License does not grant you any title
or ownership in the JoyOne Game(s) software.
License Conditions
a. You acknowledge and agree that your use
of the JoyOne Services is also governed by the Privacy Policy which may be amended from time to time by JoyOne
in its sole discretion. You acknowledge and agree that the Privacy Policy is at all times incorporated and forms
a part of this Agreement.
b. You acknowledge and agree that you may not, either directly or indirectly, do or
attempt to do any of the following actions with respect to any or all of the JoyOne Services:
i. Publish,
upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual
or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass,
intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of
the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights and
other rights and interests (including the rights of privacy, publicity or trade secret) of JoyOne or third
parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications
that may cause an unfair competitive advantage;
v. Exploit, distribute or publicly inform third parties of
any game error, miscue or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license,
sublicense or otherwise use whole or part of JoyOne Services and related contents, information, element for a
commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create
derivative works based on any of the JoyOne Services;
viii. Use illegal or inappropriate methods that may
interrupt the operation of or otherwise exploit any of the JoyOne Services without authorization, including but
not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of
false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses,
worms, time bombs, corrupted files or other unauthorized programs;
ix. Use, export, re-export or otherwise
act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third
parties to do any of the above.
c. You further acknowledge and agree that your use of the JoyOne Services
shall comply with any applicable laws or local regulations, and that you will immediately stop using or
accessing the JoyOne Services when local laws or local regulations so require.
d. Except as expressly
authorized under this Agreement, you may not copy the JoyOne Services in whole or part or any accompanying
materials therein. Because the JoyOne Services contain our proprietary information, you agree: (i) to hold in
the strictest confidence all code and any technical elements of the JoyOne Services, ii) not to copy, reproduce,
distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public
information, and/or (iii) subject to all applicable law (including US Copyright law and DMCA), not to make use
of the JoyOne Services except for your individual enjoyment and non-commercial purpose.
e. Except expressly
authorized herein, any use of the JoyOne Services in whole or part, without our prior written consent, is
strictly prohibited and the License granted herein will be terminated. JoyOne expressly reserves the right to
deny anyone access to the JoyOne Services at any time for any reason without prior notice. You further agree
that JoyOne, without any liability, shall be entitled to suspend or terminate providing any of the JoyOne
Services or change the provided content at any time for any reason without prior notice.
f. JoyOne reserves
the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While
JoyOne reserves the right to take action upon being alerted or informed of inappropriate game play or
communications between Users made in connection with their access or use of the JoyOne Services, you are solely
responsible for any interactions with other Users. By using the JoyOne Services, you acknowledge and accept that
at any time there may be language or material accessible on or through the JoyOne Services that may be
inappropriate for children and/or offensive to Users of any age, race, religion, gender. You agree that under no
circumstances shall JoyOne be liable for any inappropriate User behavior or language. If JoyOne determines in
its sole discretion that any inappropriate User behavior or language was made or communicated from your Account,
JoyOne reserves the right to suspend or terminate your access to the JoyOne Services and/or to take other
enforcement actions as JoyOne deems necessary to safeguard its rights.
g. You further agree that JoyOne is
not liable for the behavior of any other Users or third parties, including but not limited to any
third-parties' websites or services linked on or through the JoyOne Services.
a. The JoyOne Services may contain various websites, forums, communities, networks, or other interactive features
that allow you to post, submit, publish, display, or transmit any content or materials on or through the JoyOne
Services ("User Contributions"), including but not limited to any text, forum post, chat post,
profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or
other materials appearing on or transmitted to or from the JoyOne Services. JoyOne has no obligation to monitor
these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter,
moderate, edit, and/or remove any or all User Contributions that are objectionable or inappropriate at any time
without prior notice. JoyOne may also at any time terminate or suspend your access to any of the User
Contributions for any reason and without prior notice.
b. Any of the User Contributions may not be illegal,
fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property
rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or
contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge
that you shall be fully and solely responsible for your own behavior when using the JoyOne Services, including
but not limited to any User Contributions posted by you. You also acknowledge and confirm that under no
circumstance, shall JoyOne be liable for any User Contributions posted by you. You further confirm that any of
the User Contributions are neither endorsed nor controlled by JoyOne.
c. You acknowledge and agree that when
you use the JoyOne Services, you have no expectation that your User Contributions will be private and JoyOne may
disclose your User Contributions for any reason without prior notice.
d. Any User Contributions that you post
will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally
grant JoyOne a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right
and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat,
distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly
display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion
thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall
not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection
with your User Contributions for any reason, including our exercise of the rights you grant to us in this
section and that we are not obligated to exercise such granted rights. You also grant all other Users, who can
access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works
from, communicate about or otherwise distribute your User Contributions on or through the JoyOne Service without
prior notice, attribution or compensation to you. Except to the extent such waiver is prohibited by law, you
hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or
any similar law in any country worldwide.
e. You represent and warrant that the User Contributions:
(i)
are accurate and not fraudulent or deceptive;
(ii) do not violate any rights or interests (including but not
limited to intellectual property rights) of JoyOne and/or third parties. You understand that User Contributions
may be copied by other Users and discussed within or outside of the JoyOne Services, and if you do not have the
right to submit User Contributions for such use, it may subject you to liability. Please note that JoyOne takes
no responsibility and assumes no liability for any content posted by you or any third parties.
f. We cannot
guarantee that you will not encounter content that you consider offensive or otherwise inappropriate, and we
accept no liability for any failure to remove (or delay in removing) any such content. You may, however, make
complaints by accessing our support service.
a. The application of this section is subject to the prevailing laws, regulations and all other policy(s)
relating to the protection of minors in your country(s)/region(s) of residency, where applicable.
b. You
acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data
collection under the law in your jurisdiction and that you are an adult in your country of residence (or at
other age in your jurisdiction where you are classified as above the legal age of majority) when using the
JoyOne Services.
c. To enter into this Agreement, you must be an adult of the legal age of majority in your
country of residence. By accepting this Agreement, you acknowledge and affirm that you are of the legal age of
majority in your country of residence and that you are legally and financially responsible for all actions using
or accessing the JoyOne Services, whether or not authorized by you.
d. If you are under the legal age of
majority in your country of residence ("minor" or "child"), you may not enter into this
Agreement. Your parent or legal guardian must review this Agreement and accept it on their own behalf. Subject
to any applicable laws, regulations or rules regarding minors, a parent or legal guardian who has accepted this
Agreement on their own behalf may permit a minor to use their Account, provided that the parent or legal
guardian acknowledges and agrees that they are legally and financially responsible for all actions using or
accessing the JoyOne Services, including the actions of any minor or child they allow to access their Account,
whether or not authorized by the parent or legal guardian.
a. JoyOne shall own all rights, titles, and interests (including but not limited to the ownership, intellectual
property rights, neighboring rights and other rights and interests) in and to the JoyOne Services under this
Agreement. You acknowledge that your use of the JoyOne Services does not confer you any right or interest or
otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards,
achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character
data, game progress, game customization and/or other data pertaining to your use of the JoyOne Services may
cease to be available to you at any time without prior notice in the sole discretion of JoyOne.
b. Any or all
of the JoyOne Services (including trade secrets, database rights, copyright, patent, trademark and other
intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws
(including but not limited to any applicable copyright laws and international treaties). To be specific, any
materials that are part of the JoyOne Services (including but not limited to any content, websites, games,
programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative
works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts,
stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols,
instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics,
logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection
and arrangement, titles, methods of operation, software, related documentation, and all other features contained
in the JoyOne Services) are protected by applicable laws from unauthorized use.
c. You agree that any or all
of the JoyOne Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded,
scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise
exploited without JoyOne express prior written permission. Any use of our copyrighted materials, including but
not limited to derivative works, requires the express prior written consent of JoyOne. Please note any
unauthorized reproduction or redistribution of the JoyOne Services shall be prohibited and may result in severe
legal penalties.
d. JoyOne remains the sole owner of rights, titles, and interests (including intellectual
property rights, neighboring rights and other rights and interests) in and to the JoyOne Services. You
acknowledge and agree that you do not have any right or interest as a result of using the JoyOne Services,
except those explicitly granted to you under this Agreement.
a. "User Content" means feedback, suggestions, comments, ideas, and/or any other information, including
but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly
to JoyOne or our agents pertaining to the JoyOne Services. You confirm that you irrevocably grant JoyOne a
global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable, and
unlimited license, allowing JoyOne to use, disseminate, copy, modify, sub-license, translate, publish,
distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell
and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you
hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal
rights. In addition, your participation in a "test period" or a "beta version" game or
activities similar in nature is governed by separate agreements, and you agree to be bound by specific rules
that apply to access to such games, for example, we may limit the duration of game play and the number of Users
who have access to the game, and we reserve the right to modify or delete User game data. Please read these
specific rules carefully, and we sincerely appreciate your participation in our beta version of the game and
submission of User Content.
b. If any such right or interest in the User Content may not be licensed or
transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and
agree not to assert any such rights, credit and/or claim for any compensation from JoyOne.
a. The JoyOne Services may include an opportunity for you to acquire virtual, in-game currency ("Virtual
Currency"), including by purchasing a limited license to Virtual Currency for a fee. The JoyOne Services
may also include the opportunity to acquire virtual, in-game digital items ("Virtual Goods"),
including by purchasing a limited license to the Virtual Goods that may be paid for with real money or Virtual
Currency.
When you pay to obtain such Virtual Currency or Virtual Goods, you acknowledge and agree that you
are obtaining or purchasing the right to have your License (as defined in Section 2 above) include such Virtual
Currency and Virtual Goods. You further acknowledge and agree that neither Virtual Currency nor Virtual Goods
have any monetary value whatsoever and shall not be redeemed for real money (fiat or otherwise) or any item with
monetary value, and Virtual Currency and Virtual Goods are not provided for investment purposes.
b.
Regardless of any reference JoyOne might make outside this Agreement to purchasing or selling Virtual Currency
or Virtual Goods, you acknowledge and agree that both Virtual Currency and Virtual Good(s) are licensed, not
sold, to you under this Agreement. Provided that you comply with this Agreement, JoyOne grants you a personal,
non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Virtual
Currency and Virtual Good(s), whether paid for or otherwise obtained, solely in connection with your use of the
JoyOne Services. Except as permitted under this Agreement, you may not transfer, sell, gift, exchange, trade,
lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods. Any access or use of Virtual
Currency or Virtual Goods not specifically permitted by this Agreement is a violation of this Agreement and may
result in a termination of your Account. Except for the limited license granted described above, JoyOne reserves
and retains all other right, title, interest or otherwise, in and to the Virtual Goods and Virtual
Currency.
c. JoyOne reserves the right to modify, manage, control or eliminate Virtual Currency and/or
Virtual Goods in its sole discretion. You acknowledge and agree that JoyOne may engage in actions that may
impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time,
except as otherwise required by applicable laws.
d. When you provide payment information to JoyOne or its
authorized processor, you represent that you are an authorized User of any payment method specified by you, and
you authorize JoyOne to charge such payment method(s) for the full amount of the transaction. You acknowledge
and agree that any payment for the right to have your License include Virtual Currency and/or Virtual Good(s) is
non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would
otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual
Currency, except as otherwise required by applicable law. Should you have any question regarding the refund
policy, please contact our customer service at service@zhuowan88.com.
e. You agree and acknowledge that due to
the special nature of online game services, there are no transactions involving physical goods and the
purchasing experience comes from the provision of a license to digital features within the online game services
provided by the game manufacturer.
All the information collected from you is subject to local laws and JoyOne shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the JoyOne Services shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, Users have the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see JoyOne's Privacy Policy for more information regarding the collection and use of your information.
a. JoyOne holds you accountable for your own behavior and language, encourages you to play JoyOne Game(s) in a
healthy and civilized manner, and strictly prohibits you from any improper or objectionable behavior. You are
prohibited from, in any way, claiming to be our employees or disseminating false information either to JoyOne or
third parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or
materials involving drugs or otherwise attack, threaten or insult a portion or all of the Users. Any
dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.
b.
You are prohibited from engaging in, directly or indirectly:
i. vulgar expressions, coarse language, abusive
behavior, verbal harassment, either towards JoyOne or other Users;
ii. use of any unapproved payment
methods;
iii. use of cheating programs or other malicious game programs;
iv. dissemination of information
or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of
the public;
v. disclose, furnish, disseminate or otherwise make any of our or other Users' non-public
information available to third parties; and/or
vi. any other inappropriate behavior or language that may
damage the reputation of JoyOne.
c. We reserve the right, but are not obligated, to mediate, resolve, or
otherwise get involved in disputes between Users. Depending on the relevant situation, JoyOne may take action,
including but not limited to, sending a warning, blocking communications, suspending, taking down, banning or
terminating your Account temporarily or permanently, blocking logins, deleting game files or otherwise take
action in our sole discretion. We reserve and maintain the final right to interpret and take action according to
relevant circumstances of your inappropriate behavior.
d. If you breach this Agreement or engage in any
behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the JoyOne
Game(s) or is otherwise inappropriate or objectionable, we shall be entitled to, without prior notice, suspend
your access to the JoyOne Services for an indefinite period of time, block your Account, terminate your access
to the JoyOne Services, and/or terminate this Agreement immediately without prior notice.
a. You agree to defend, indemnify, and hold JoyOne and/or its affiliates, employees, officers, managers,
directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or
expenses (including but not limited to attorney fees and other expenses) arising from or in connection
with:
i. your access or use of the JoyOne Services;
ii. your breach or alleged breach of any terms,
conditions, obligations, representations or warranties contained under this Agreement;
iii. any materials,
User Contributions, User Content or other information provided by you or on your behalf;
iv. your violation
of any applicable laws or third-parties' rights and interests; and/or
v. your other illegal or
inappropriate behavior.
Without prejudice to any other rights or remedies that JoyOne may have, you acknowledge and agree that in the
event of any threatened or actual breach of this Agreement, JoyOne shall, without proof of special damages, be
entitled to an injunction or other equitable remedy in addition to any damages or remedies to which JoyOne may
be entitled.
Insofar as permitted by applicable laws, you irrevocably waive all rights to injunctive or other
equitable relief and further agree to claim only monetary damages from JoyOne.
a. You agree that your use of the JoyOne Services shall be at your own risk. JoyOne provides the JoyOne Game(s)
and/or the JoyOne Services on an "as is" and "as available" basis. To the fullest extent
permitted by applicable laws, JoyOne and/or its affiliates, employees, officers, managers, directors, agents,
disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free,
non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of
tort, contract or otherwise, and regardless of whether JoyOne has been advised of the possibility of such
liabilities.
b. JoyOne hereby disclaims all warranties, conditions, common law duties and representations,
either express, implied, oral or written. JoyOne makes no warranties about the accuracy or completeness of the
JoyOne Services. Also, JoyOne assumes no liability or responsibility for:
i. any errors, mistakes, or
inaccuracies of the JoyOne Services;
ii. personal injury, property damage, lost profits, loss of data or any
indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the JoyOne
Services;
iii. any interruption, suspension or termination of the JoyOne Services;
iv. any bugs, viruses
or similar links transmitted by third parties on or through the JoyOne Services;
v. any programs intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you;
and/or
vi. any damages arising from or in connection with unexpected circumstances or otherwise beyond our
reasonable control.
c. In no event shall JoyOne be liable to you or third parties for any indirect,
incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of
business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of
contract or in tort, even if JoyOne has been advised of the likelihood of such damages occurring.
d. JoyOne
has no control over third-party sites which you may have access, including those sites which are linked to our
websites. Therefore, JoyOne is not responsible for the content or function of any other websites and disclaims
any liability for any aspects of such third-party websites via your direct access or through our websites or
software functionality. The applicable service terms and privacy policies of those third-party websites shall
govern your use of such websites.
e. The maximum aggregate, cumulative liability of JoyOne and our members,
officers, employees, directors, consultants, affiliates, will not exceed your direct damages, if any, up to the
total amount paid by you to us during the three (3) months prior to your making a claim against JoyOne. These
limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate
compensation.
To the maximum extent permitted by applicable laws, and any applicable statute of limitations, any claim arising from or in connection with this Agreement and/or the JoyOne Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.
JoyOne reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice
and you agree to check periodically for new information and terms that govern your use of the JoyOne Services
and you agree to be bound by all amendments, modifications and revisions. Your continued access to JoyOne
Services will constitute your acceptance to the newly-updated Agreement and any agreements or policies
therein.
If at any point you do not agree to any portion of then-current version of agreements or policies
pertaining to your use of the JoyOne Services, your License under this Agreement shall immediately terminate and
you may immediately stop accessing to the JoyOne Services.
No failure or delay on the part of JoyOne in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
To the maximum extent permitted by applicable laws, JoyOne may send notices (including but not limited to various
rules, notifications, prompts, or other information pertaining to the use of the JoyOne Services) to the Users
through one or more of the following, including but not limited to notice or announcement within the JoyOne
Game(s), page announcement on the JoyOne's websites, games, official channels, website tips, mobile phone
messages, email, or other contact information you provided to JoyOne.
Once any notice is dispatched or sent
in any way listed above by JoyOne, it shall be deemed to have been served to you and have a binding effect on
you. If you do not agree to, please inform JoyOne in writing within 15 days as of the receipt of such notice.
Otherwise, it shall be deemed that you have accepted and agreed to such notice.
Without limiting any other rights of JoyOne, this Agreement will terminate automatically without prior notice if
you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein.
You may also terminate this Agreement by deleting the JoyOne Game(s) from all devices on which you've
installed and immediately stop your use of the JoyOne Services. Upon any termination, you shall no longer
exercise any of the rights granted to you and you must destroy all copies of the JoyOne Game(s) in your
possession.
Despite the termination/expiration of this Agreement, your obligations accumulated prior to the
termination/expiration shall still be fulfilled by you. Also, all the rights and interests of JoyOne and the
authorization (if any) granted to JoyOne shall still remain in effect and survive the termination of this
Agreement.
a. If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any
reason whatsoever, then you and JoyOne agree that such provision will be severed and the rest of the Agreement
shall remain in effect and be construed as if any severed provision had not been included. Notwithstanding the
foregoing, if the Class Action Waiver set forth in Section 19(d) and Section 19A(c) is found invalid,
unenforceable, or illegal, you and JoyOne agree that it will not be severable; the entire Dispute Resolution
provisions set forth in Sections 19 and 19A will be void and unenforceable and any dispute will be resolved in
choice subject to the venue and choice of law clauses specified in this Agreement. In other words, under no
circumstances shall arbitration be conducted on a class basis without the express prior written consent of
JoyOne.
b. You and JoyOne agree that except as provided above, if an arbitrator or court of competent
jurisdiction decides that any part of this Agreement is invalid or unenforceable, the remaining terms of this
Agreement will remain in full force and effect.
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF THIS AGREEMENT, EXCLUDING CONSUMERS
AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA.
Please read this section carefully. It affects
your rights, including your right to file a lawsuit in court.
a. Governing Law. This Agreement shall be
governed by and construed under the laws of Beijing excluding its conflict of law principles.
b. Binding
Individual Arbitration. You agree and acknowledge that any claims or legal actions between you and JoyOne shall
be referred to Beijing International Arbitration Center for arbitration which shall be conducted in accordance
with SIAC's arbitration rules. The arbitral award is final and binding upon both parties. If the above
arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a
court in Beijing. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non
conveniens with respect to venue and jurisdiction, whether by arbitration or judicial
judgment.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation,
or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property
rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in
any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or
abuse (e.g. hacking or falsifying location) of their intellectual property.
c. Informal Resolution. You agree
that in the event of any dispute, JoyOne and you shall first attempt to resolve any such dispute informally for
a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal dispute
resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other
("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact
information of the complainant, describe the nature and basis of the dispute, and set for the relief sought. The
Written Notice of Dispute shall be sent to service@zhuowan88.com.
In the event that any such dispute cannot
be resolved informally, you agree that the dispute, including any question regarding the arbitrability of the
dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (b) of
this Section 19 above.
d. Class Action Waiver. You agree that each party may only bring claims against the
other solely in their individual capacity, and not as a plaintiff or class member in any purported class or
representative proceeding in any jurisdiction. Furthermore, if the parties' dispute is resolved through
arbitration, the arbitrator may not consolidate another person's claims with your claims and may not
otherwise preside over any form of a representative or class proceeding. If this specific provision is found to
be unenforceable, then this clause 19(d) shall be null and void.
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read
this section carefully. It affects your rights, including your right to file a lawsuit in court.
Arbitration
is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going
to court. By accepting this Agreement, including the Binding Individual Arbitration and Class Action Waiver
provisions below, you agree that any dispute between you and JoyOne will be submitted to a neutral arbitrator
for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury,
and/or to participate in or be represented in a case filed in court by others (including class actions or
representative actions).
You have the right to opt-out of this Dispute Resolution provision, as explained
below, which means you would retain your right to litigate your disputes in a court, either before a judge or a
jury.
For the purposes of this Agreement, including this Dispute Resolution provision specifically,
"Dispute" means any dispute, claim or controversy between you and JoyOne regarding any aspect of your
relationship with JoyOne, including those arising out of this Agreement or otherwise based in contract, statute,
regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or
negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of
this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set
forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
a.
Binding Individual Arbitration. If you live in the United States of America, you and JoyOne agree that, except
as provided in subsection (e) below ("Opt-Out"), any and all Disputes, including their arbitrability,
will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this
provision. You and JoyOne further agree that you are waiving your right to a trial by jury or to a trial before
a judge in a public court. By accepting this Agreement, you acknowledge and agree that other rights you may have
if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be
more limited or may also be waived.
The arbitration shall be administered by the American Arbitration
Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law
of the arbitration shall be governed by the laws of the State of your residence. Unless otherwise agreed, the
arbitration shall be conducted in a confidential manner.
You or JoyOne may initiate arbitration in the
federal judicial district that includes the address you provide in your Written Notice of Dispute (defined
below).
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation,
or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property
rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in
any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or
abuse (e.g. hacking or falsifying location) of their intellectual property.
b. Informal Resolution. You agree
that in the event of any Dispute, JoyOne and you shall first attempt to resolve any such Dispute informally for
a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal Dispute
resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other
("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact
information of the complainant, describe the nature and basis of the Dispute, and set for the relief sought. The
Written Notice of Dispute shall be sent to Beijing Zhuowan Network Technology Co., Ltd 405 E Laburnum Ave, Ste 3
PMB 109, Richmond, VA 23222.
In the event that any such Dispute cannot be resolved informally, you agree that
the Dispute, including any question regarding the arbitrability of the Dispute, shall be finally and exclusively
resolved by binding arbitration in accordance with subsection (a) of Section 19A above.
c. Class Action
Waiver. You agree that each party may only bring claims against the other solely in their individual capacity,
and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction.
Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more
than one person's claims, and may not otherwise preside over any form of a representative or class
proceeding, including but not limited to a class action, consolidated action, or private attorney general
action, unless both JoyOne and you specifically agree in writing to do so following initiation of the
arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be
arbitrated or litigated on an individual class basis. Claims of more than one customer or User cannot be
arbitrated or litigated jointly or consolidated with those of any other customer or User. Notwithstanding any
other provision of this Agreement, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the
interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an
arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution
Provision contained in Section 19A shall be null and void.
d. Right to Waive. Any rights and limitations set
forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such
waiver will not waive or affect any other portion of this Agreement.
e. Exclusions from Arbitration/Right to
Opt-out. Notwithstanding the above, you and JoyOne may opt out of the arbitration procedures described above. If
you do so, neither you nor JoyOne can force the other to arbitrate.
You or JoyOne may opt out of these
arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may
be initiated in small claims court; or (ii) YOU PROVIDE JoyOne WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE
ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the
"Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your
in-game username and the email address you used to set up your in-game account (if you have one), and an
unequivocal statement that you wish not to resolve Disputes with JoyOne through arbitration. You must mail your
opt-out notice to Beijing Zhuowan Network Technology Co., Ltd No. 7-874, Geji Road, Yangzhen District, Shunyi
District, Beijing. If you do not provide JoyOne with an Arbitration Opt-Out Notice within 30 days from the date
that you first consent to this Agreement, you will be deemed to have knowingly and intentionally waived your
right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
f. Continuation.
This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your
access to or use of the JoyOne Services, and/or your relationship with JoyOne.
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA. Please read
this section carefully.
If you live in the United States of America, you and JoyOne each agree that this
Agreement including but not limited to any Dispute, controversy, difference, or claim arising out of or relating
to this Agreement or JoyOne Services, including the existence, validity, interpretation, performance, breach or
termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to this
Agreement or JoyOne Services shall be governed by and construed under the laws of the United States of America,
excluding its conflict of law principles.
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of JoyOne. Otherwise, JoyOne may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, JoyOne shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
a. This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and
supersedes any prior written or oral agreements (if any) between you and JoyOne.
b. References to
"include," "includes," and "including" shall be construed so as to mean include
without limitation, includes without limitation and including without limitation, respectively.
c. Affiliate
in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by or is under
common control with Beijing Zhuowan Network Technology Co., Ltd hereto.
d. JoyOne may translate this
Agreement into other languages. If there is any difference between the English version and other language
versions, then the English version, subject to applicable laws and regulations, shall prevail.
e. In addition
to any other limitations which may be set forth herein, JoyOne may not be responsible for any delay or failure
to perform resulting from causes outside the reasonable control of JoyOne, such as acts by governmental
authorities, force majeure, or other events outside of the reasonable control of JoyOne.
f. You agree that
JoyOne expressly reserves the right, at any time for any reason without prior notice and without any form of
compensation, to suspend or deny anyone using or accessing the JoyOne Game(s) and/or the JoyOne Services; to
cease providing any services; and/or to change, add any portion of the JoyOne Services.
g. You represent that
you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than
what is expressly granted under this Agreement.
h. All attachments attached hereto to this Agreement shall be
incorporated into and forms part of this Agreement and correctly states the rights and obligations of each party
as of the Effective Date.
i. In case of any inconsistency between this Agreement and local laws of your
country or residence, local laws shall prevail and govern.
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at service@zhuowan88.com.
If you are accessing or using JoyOne Services through a PlayStation® platform, the following Supplemental Terms
are applicable to you:
You may access JoyOne Services by signing in to your account for PlayStation™Network.
JoyOne will then allocate a JoyOne Account to you and link said Account to your account for
PlayStation™Network.
A. For Purchases in PlayStation™Store in Europe
Any content purchased in an in-game
store will be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be
subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store.
Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown,
content available in any in-game store has the same age rating as the game.
B. For Purchases in
PlayStation™Store in North America
Purchase and use of items are subject to the Network Terms of Service and
User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment
America.
Attachment: Additional Terms for Residents of the European Union (EU) and the United Kingdom of
Great Britain and Northern Ireland (UK)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS
OF THE EU AND THE UK.
Right of withdrawal
You have the right to withdraw from the purchase of a Virtual
Currency or a Virtual Good anytime within 14 days from the day of purchase without giving any reason by
contacting our customer service at service@zhuowan88.com and
informing us that you wish to withdraw the purchase.
However, your right to withdraw will be lost once the
content or service has been fully provided upon your request. If you request immediate delivery of any content
that you purchase, you will have agreed upon purchase that your right of withdrawal will expire once the content
is made available to you. For any service for which you request immediate delivery, you will have agreed upon
purchase that your right of withdrawal will expire when all services are provided, and that in any case, you
will not be reimbursed for any service that has already been provided to you. Otherwise, we will reimburse you
all relevant payments without undue delay and within 14 days of your decision to withdraw using the same means
of payment as you used for the purchase.
Beijing Zhuowan Network Technology Co., Ltd
Effective Date: January 1, 2024