2. Definitions"COLORFUL ENTERTAINMENT Products" is used as shorthand for our online games and products published by COLORFUL ENTERTAINMENT on behalf of third parties，including but not limitation to mobile games, virtual social platform app, information headline app, chatting tools, information board. “Services” refers to products, games, services, content, located at http://www.COLORFUL ENTERTAINMENT.com and/or the other domains provided by COLORFUL ENTERTAINMENT. "Stopping" or to "Stop" an account includes temporarily or permanently banning, terminating or muting an account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned or terminated, you will not be able to access your account and any licenses previously granted to you to use COLORFUL ENTERTAINMENT Products will be revoked. This means you will lose your account, characters and any in-game items or currency. More information about when COLORFUL ENTERTAINMENT may Stop your account can be found in section 7, section 8 and section 9 of these terms and conditions. "User Content" means all information of any kind (including text, images, video, information and messages) uploaded or sent by users on or in connection with our services. Our services may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of User Content. "Virtual Items"means (a) virtual currency, including but not limited to virtual coins, gems, cash, tokens, or points, all for use in the Service and (b) virtual in-game items. "Virtual Currencies" is used to describe the in-game currencies that can be purchased in certain COLORFUL ENTERTAINMENT Products. Other terms are defined in context below.
4. LicenseBy agreeing the agreement, we grant you a non-exclusive, non-transferable, non-sharable, personal, limited license, which can be revoked at any time, to use the services for non-commercial purposes in accordance with the terms of this Agreement. 4.1 Intellectual property rights and ownership THE COLORFUL ENTERTAINMENT PRODUCTS AND ANY ASSOCIATED SOFTWARE ARE LICENSED, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE COLORFUL ENTERTAINMENT PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTEREST IN ANY COLORFUL ENTERTAINMENT PRODUCT OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COLORFUL ENTERTAINMENT. Materials (including without limit all information, software, data, text, photographs, graphics, sound, marks and video) placed within our services by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. The Services comprise of content, including but not limitation, COLORFUL ENTERTAINMENT ®, Revenge of Sultans ® and Rise of the Kings ® and other intellectual property are registered and/or unregistered in China, Dubai and other countries, belongs to us and/or our licensors and that are protected by copyright, trademark, and other intellectual property laws and international convention. All intellectual property or other rights in any game character, account, content, virtual currency, game resource and virtual items in our services are and will remain the property of us and/or our licensors. You are only granted limited permission (which can be revoked at any time) to use such content or our services, subject to and in accordance with the terms of the Agreement. All third party’s intellectual property are the property of their respective owners. We are entitled to immediately terminate this license, without any liability to you in the event of your any violation of the terms of this Agreement. You may not use the Services or the intellectual property comprised in the Services in a manner that constitutes an infringement of our or our licensors’ rights. 4.2 License Limitations You shall not create, modify, adapt, reverse engineer, recompile, reproduce, publish or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Services, or otherwise use the Software and Services except as may be expressly provided in this Agreement or to the extent permitted by law or relevant open source licenses. You must not use a modified/customized version of the client software or attempt to copy, transfer or sub-license it. You are not permitted to sell, auction, trade, sublicense, rent, lease, loan or otherwise transfer the Software, Account, virtual Items or any copyrighted material for profit. Please note that any such activity may constitute civil wrongs and/or criminal offences, and we reserve the right to take such action as appropriate in the circumstances should we become aware that such offences are being committed.
5. Account and securities5.1 Account To access the Services, we may require you to create an account. When setting up an account for accessing the Services, you may be asked to choose a character name and set your own password (collectively “account info”). You must not choose a character name that infringes the rights of any third party, impersonates our staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. We reserve the right to make such assessment in our sole discretion, change any character name for any reason or take such other action as we believe appropriate. 5.2 Security You agree to keep your account info safe at all times and not to disclose it to any other person that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all activities of all persons who use your account info to gain access to your account. You are responsible To help ensure the safety of your account info, you must keep your device free of viruses and other malicious code including Trojans, worms, time bombs, malware and spyware. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and submit an account recovery request via customer service button within any of our products or services. Real COLORFUL ENTERTAINMENT staff will never ask you for your account info.
7. Virtual Items7.1 Description Virtual Items include (a) virtual currency, including but not limited to virtual coins, gems, cash, tokens, or points, all for use in the Service and (b) virtual in-game items a) Virtual Currencies can be used to acquire certain digital goods/services, which we describe below as "Items". If you obtain Virtual Currency from us, including through apple pay or google-play, you must check that they have been correctly credited to your account and tell us immediately if not. We have not authorized to any other third party or website or platform to sell our virtual currencies. Virtual Currency do not have any inherent value and are not your own private property. When you purchase or receive Virtual Currency, you do not own the Virtual Currency. Instead they constitute a measurement of the extent of your license in an COLORFUL ENTERTAINMENT Product. Similarly, any Virtual Currency balance shown in your account does not constitute a real-world balance or reflect any stored monetary value. b) virtual in-game items defined including but not limitation to game resource, gaming equipment, tools, mounts or any other relating in-game items and/or items could utilize in chatting board or virtual social platform operated by us. You can gain virtual in-game items by using virtual currencies or through users’ gaming behavior, such as campaigning, crusade or conquering. 7.2 Restriction VIRTUAL ITEMS ARE FOR YOUR PERSONAL USE ONLY. You must not sell or transfer them or make them available to anyone else or attempt to do so, or encourage anyone else to do any of these things. We do not provide any cash or refunds for Virtual Currency or Items (except as required by law) and Virtual Currency and Items do not have any real world monetary value. We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency and Items. For example, we may cap the amount of Virtual Currency which can be acquired, held or redeemed in any particular period or we may impose restrictions based on your country of residence. FOR THE AVOIDANCE OF DOUBT, VIRTUAL CURRENCY HAVE NO CASH VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM COLORFUL ENTERTAINMENT AT ANY TIME. 7.3 rights of our action We reserves the right to restrict access to, delete, reduce or liquidate Virtual Currency: (1) if you have misused the Virtual Currency or breached any of these terms and conditions; (2) if the Virtual Currency were awarded in error; (3) if a payment for Virtual Currency is charged back or otherwise cancelled or reversed; or (4) if you have used Virtual Currency to conduct any fraudulent or illegal activity. We reserves the right to restrict access to or delete Items: (1) if you have misused the Items or breached any of these terms and conditions; (2) if the Items were purchased using Virtual Currency awarded in error; 3) if such virtual items are trading among users in real world which are strictly prohibited in this Agreement, or (4) if a payment for Virtual Currency used to purchase the Items is charged back or otherwise cancelled or reversed. WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY THE VIRTUAL ITEMS PROGRAM FOR ALL OR ANY OF OUR SERVICES. BEFORE WE DELETE THE UNUSED VIRTUAL ITEMS, WE WILL ENDEAVOUR TO CONTACT YOU TO GIVE AT LEAST FOUR WEEKS TO REDEEM THEM. IF YOUR ACCOUNT FOR AN COLORFUL ENTERTAINMENT PRODUCT REMAINS DORMANT (I.E. IS NOT USED) FOR MORE THAN 150 DAYS, AND THERE IS UNREDEEMED VIRTUAL CURRENCY ASSOCIATED WITH YOUR ACCOUNT, WE MAY CHOOSE TO TERMINATE YOUR ACCOUNT. YOU MAY ACTIVATE DORMANT ACCOUNT BY ASKING CUSTOMER SERVICE AND WE WILL SUPPORT YOUR ACTION THROUGH THECHNICAL TOOLS BY ACTIVATE YOUR ACCOUNT AND RECOVER VIRTUAL ITEMS IN THE ACCOUNT BASED ON THE DATA RECORD WHEN THE TERMINATION ACTED. HOW EVER THE ALLIANCE/ UNION RECORD WILL NOT RECOVER BECAUSE OF THE EFFECTIVENESS DEMAND AND LIFE CYCLE SETTING FOR THE ALLIANCE/ UNION.
8. TRADING AMONG USERSAll trading, sublicensing, renting, leasing, loaning, selling or transfers of Accounts, virtual currencies or virtual items, including without limitation, trading of Account ID, Account Names, Virtual Items and all out-of-game transfers, are strictly prohibited. Further, any transactions in connection with the Game Resources or other Services amongst Users or provision of in-games services such as power-leveling for “real-world” payment or payment related to the Services is strictly prohibited. Unless other permitted by us. You shall not access or use any Account or Game Resource pursuant to any sublicense, rent, lease, loan, sale or prohibited transfer arrangement. We are not responsible for any losses that occur, whether in relation to any trading activities. ANY AND ALL PROHIBITED CONDUCT MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED IN SUCH CONDUCT OR TRANSACTIONS OR TERMINATION OF ACCESS THROUGH ANY ACCOUNTS INVOLVED IN SUCH CONDUCT OR TRANSACTIONS.
9.Termination of user’s accountWe reserve the right to stop, terminate or suspend your account or our service If, acting reasonably, we consider that, including but not limit: a) our terms and conditions of this Agreement or any COLORFUL ENTERTAINMENT Product rules have or may have been breached; b) there has been fraudulent, unlawful or abusive activity; or c) it is necessary in order to prevent or stop any harm or damage to us, to any COLORFUL ENTERTAINMENT Product, to other players or the general public. d) your account remains dormant for more than 150 days. We may at any time: (i) Stop (as defined above) any or all accounts for COLORFUL ENTERTAINMENT Products; (ii) restrict access to any content-uploading or other feature of our service; and/or (iii) restrict access to or delete virtual intems or anything acquired by means of virtual currency. WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY COLORFUL ENTERTAINMENT PRODUCT. UPON REASONABLE NOTICE TO YOU, WE MAY DEACTIVATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
10. Refund policyWe are happy to review requests for refunds on a case by case basis. However, refunds are not always possible to give for many reasons. Unless required by law, we will not refund any amounts paid in relation to our services when: • You have been the victim of in-game scamming, as there are many warnings about avoiding this on the COLORFUL ENTERTAINMENT Products (however, we will try to assist you to recover your account). • You have been banned from any services provided by us for violating this Agreement, any rules of an COLORFUL ENTERTAINMENT Product or the user content policy. • We stop offering part or all of our services or you decide to cancel your account. Please note, refunds are given at the sole discretion of us.
12. Maintenance of our servicesWe will use reasonable endeavors to maintain operation of our services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, temporally updates or emergency updates our services and we may have to suspend operation of any of our services without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.
13. Third PartyYou may download our products or access our services through third party platforms (such as Apple store, Google-play, Twitter, Facebook or YouTube). Our services may include links to internet sites or other technologies supplied by third parties which enable you to pay by means of payment methods provided by third parties, such as Apple store or Google-play. We make no promises about third party’s sites or their content, product or services as these are outside our reasonable control. Any third party’s sites or technologies suggested are not endorsed, controlled or verified by us. We do not guarantee that any suggested technologies will work on your device or be virus free. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THIRD PARTY. WE EXERCISES NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE THIRD PARTY.
14. LEGAL RESPONSIBILITYOur services are provided on an “as is” and “as available” basis. We do not warrant that you will be able to access or use our services at the times or locations of your choosing or that our services will be uninterrupted or free of errors. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our services or from your reliance on the quality, accuracy or reliability of our services. We expressly disclaims liability for any loss or damage caused by us or our employees or agents in circumstances where a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; b) such loss or damage is not a reasonably foreseeable result of any such breach; or c) such loss or damage relates to a business. By using or accessing our services, you agree to waive all legal duty of care owed to you by us to the maximum extent allowed by law. The maximum liability of us to you for losses or damages that you suffer in connection with our services or this Agreement shall not exceed the amount that you paid to us during the six (6) months prior to the time the cause of action arose. NOTWITHSTANDING THE FOREGOING, NOTHING IN THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LOSS OR DAMAGE, TO THE EXTENT THAT SUCH LIABILITY CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED. YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF AN COLORFUL ENTERTAINMENT PRODUCT. NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER
17． LANGUAGE OF THE TERMSIf we provide a translated version of the Agreement or any other terms or policy, it is for informational purposes only. In the event of any conflict between a translation of this Agreement and the English version, the English version shall prevail.
18. ComplaintsIf you are dissatisfied with this agreement or any aspect of it, please contact us via our customer service site by clicking customer service button within any of our services. If you are unhappy with the outcome of your complaint, please write to our registered office above providing us with the following information: your name, username, email address, the full details of your complaint, COLORFUL ENTERTAINMENT’s previous response to your complaint and why you disagree with the outcome. Please mark the letter for the attention of the “Customer Support Complaints Team”.