THIS TERMS OF SERVICE ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH WE GRANT TO AN END USER (“YOU” OR “USER”) ACCESS TO Azure Fancy Go OR OTHER APPLICATIONS FOR MOBILE DEVICES (“APPS”) AND OTHER RELATED SERVICES (COLLECTIVELY THE “SERVICES”). BY ENTERING, USING, PLAYING OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THIS AGREEMENT (AS MAY BE AMENDED FROM TIME TO TIME). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE AND STOP ACCESSING THE SERVICES.ONCE YOU ACKNOWLEDGE AND AGREE WITH THIS AGREEMENT, APPLE AND APPLE’S SUBSIDIARIES WILL BE THE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT AND HAVE THE RIGHT TO ENFORCE THE AGREEMENT AGAINST YOU(END-USER).
In this Agreement, “Azure Fancy Go”, “we”, “us”, “our” refers to Azure Fancy Go. This Agreement is concluded between Azure Fancy Go and you, and Azure Fancy Go are solely responsible for the Licensed Application and the content thereof.
You must be at least 13 years of age to access and use the Services. If you are at least 13 years of age but below 18 years of age or such other age of majority required for this Agreement to be binding and enforceable against you and not voidable (“Age of Majority”), your parent or legal guardian must comply with the obligations under this agreement.
1. TERMS OF AGREEMENT
(a) Terms of Agreement. Our offer to allow you to use and access our Service (as we may choose to provide from time to time) is conditioned upon your agreement to all of the terms and conditions contained in this Agreement. In order to access certain Services, you may be given “just-in-time” notices or otherwise notified that you are required to agree to additional terms and conditions applicable to such Services in which you choose to participate. If you do not agree, you should not access or use such Services. Such additional terms and conditions including the Rules of Conduct are hereby incorporated in this Agreement by reference. Your use of Services constitute your agreement to all such terms and conditions.
If you have any questions about our privacy policy, please visiting the following link: http://azurefancygo.com/privacy.html.
(b) Amendments. We may amend (such as update, modify or correct) this Agreement (including any additional terms and conditions applicable to any specific Services and the Rules of Conduct) at any time in our sole discretion. Amendments to the Agreement will be effective within three (3) days after posting of the amended Agreement. However, the amendments will not apply to any dispute of which we receive actual notice before the amended Agreement is in effect. Your use of Services after the amended Agreement comes into effect constitutes your agreement to the amended Agreement. You agree to check this Agreement (including the Rules of Conduct) before each use so you will be familiar with their content as amended from time to time. If you do not agree to the amended Agreement, immediately stop accessing the Services.
2. DESCRIPTION OF SERVICE
The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
We reserve the right to change the URL address of the Web Site at any time without prior notice.
We will solely responsible for providing any maintenance and support services with respect to the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
We do not represent, or warrant that the Services will be compatible with your browser or mobile device. In particular, we do not represent, or warrant that the Apps will be compatible with your mobile device.
It is your sole responsibility to ensure that you use compatible web browser, mobile device and other equipment and software to access and use the Services.
We will solely responsible for any product warranties. In the event of any failure of the Licensed Application to conform to any applicable warranty, you can notify Apple to refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
3. LICENSE TO USE
Subject to your agreement to and compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the Services (including the Software in connection with the Services) solely for your personal, non-commercial use to the Services in accordance with this Agreement.
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.
The Services comprise of content that belongs to us and/or our licensors and that are protected by copyright, trademark, and other intellectual property laws. We reserve all rights, including without limitation, intellectual property rights and other rights, in respect of the Services. 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. 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 shall not use the Services and Account for any illegal purposes under applicable laws and/or regulations. If you infringe the intellectual property rights of the third party, you will have to take legal responsibility.
You are not permitted to sell, auction, trade, sublicense, rent, lease, loan or transfer any Account, character, Game Resources or any copyrighted material, except as expressly permitted under this Agreement.
Without prejudice to the generality of the foregoing, you shall not sublicense, rent, lease, loan, sell, auction, trade or otherwise transfer the Software for profit.
We are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.
4. TRADING AMONG USERS
All trading, sublicensing, renting, leasing, loaning, selling or transfers of Accounts, characters or Game Resource, including without limitation, trading of Account ID, Account Names, 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 otherwise permitted by Azure Fancy Go.
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.
You must comply with applicable third party terms of agreement when using Your Application.
5. CONTENT AND USER CONDUCT
(a) Rights in Content. You acknowledge that we and Content Providers have rights in our respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with using Services.
(b) Prohibited Conduct. You agree not to: (i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights; (ii) impersonate any person or entity, including, but not limited to, our employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) engage in, facilitate and/or promote any conduct that violates any law or regulation (including without limitation to upload, post, e-mail or otherwise transmit Content that violates any law or regulation); (iv) upload, post, e-mail or otherwise transmit Content as determined by us in our sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any repetitive messages, unsolicited or unauthorized advertising, promotional materials, "junk mail”, "spam”, "chain letters”, "pyramid schemes”, or any other form of solicitation; (vii) circumvent the security measures of, hack into, interfere with, overburden or otherwise disrupt any Azure Fancy Go environment or the Azure Fancy Go experience or otherwise any Services or any servers, networks, computer system, website, router or any other Internet connected device, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (viii) "stalk" or otherwise harass another user; (ix) collect, solicit, harvest, intercept, mine or manipulate personal information or other data from or through the Service; (x) intercept or manipulate any proprietary communications protocol; (xi) assist with the carrying out of the prohibited conduct described herein.
(c) Cheating and Hacking. To ensure fair play, you agree that you will not use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage over other players, or use or exploit of any cheating programs such as cheats, macros, bots, exploits, automation software, hacks, mods mouse simulators or unauthorised third party software etc., to use Services or otherwise modify or interfere with the Services or the Azure Fancy Go experience. You shall not use these cheating programs or create or assist in the creation of cheating programs. In particular but without limitation, you agree not to use the Services to create or assist in the creation of cheats, macros, bots, exploits, automation software, hacks, mods mouse simulators or unauthorised third party software etc., to use the Services or otherwise modify or interfere with the Services or the Azure Fancy Go experience. You further agree not to modify or caused to be modified any files that are part of the Services. Otherwise, we reserve the right to reduce, suspend, alter, delete or terminate your Account, or its data, in our sole discretion.
(d) Exploitation of Program Bug. You are prohibited from exploiting any programming bugs in the Services, on the Web Site, and/or within our Services and system.
6. OFFICIAL SERVICE
We have designed Services for use only as offered by us. You agree to use Services only as offered by us and not through any other means not approved by us. You further agree not to create or provide any other means through which Services may be played or accessed by others, such as through server simulators. You shall not attempt to gain unauthorized access to the Services, Accounts, or computers, servers or networks connected to the Services, including without limitation by circumventing, manipulating or modifying any technological or security measures, devices or Software.
You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
7. PRIVACY
(a) The personal information you provide us during registration is used for our internal purposes only. We use the information we have collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purposes relating to the Services, the Software, and any services or software which may in the future be provided by us or on our behalf.
(b) We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as we, in our sole discretion, believe necessary or appropriate for provision of the Services, to investigate or resolve possible problems or inquiries, for any legal process, for compliance with any laws or regulations, to enforce the terms of this Agreement or in our good faith belief that it would aid in protecting the rights, property or safety of any person.
(c) Your Account ID, profile picture, Character Name, and other details relating to your character in Services may be publicly available and disclosed in any event.
(d) Please also see our Privacy Policy. Registration data and other information collected about or from you are subject to our Privacy Policy, the terms of which are incorporated herein. You should review our Privacy Policy to better understand how we collect and use data about you.
8. USERS INTERACTIONS AND PARENTAL GUIDANCE
We reserve the right, but are not obligated, to monitor or be involved in disputes between Users. While we may choose to monitor and take action (such as reduce, suspend, remove, delete, migrate and administer your Account, or its data) upon inappropriate game play, chat or links to the Services, it is possible that at any time there may be language or other material accessible on or through the Services that may be inappropriate, in particular for children, or offensive to some Users of any age. We cannot ensure that other Users will not provide content or access to content that parents or guardians may find inappropriate or that any User may find objectionable. We do not as a matter of policy pre-screen the Content of the materials or communications transmitted by each User. You are solely responsible for the interactions with other Users.
In the event of any dispute with any Users, you agree to waive any rights you may have against us and not assert any claim against us or any of our joint ventures, related corporations (as defined under the Companies Act of Singapore), shareholders, partners, affiliates, directors, officers, employees, agents or suppliers (collectively, the “IGG Group”) and shall release us and the rest of the IGG Group from all damages, liabilities, losses, damages, judgments, claims, causes of action and expenses, including attorney’s fees and costs and actual, special, incidental, punitive, exemplary and consequential damages for loss of profits, goodwill, use or data arising from such dispute.
9. INTERRUPTION OF SERVICES
(a) We reserve the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
(b) You acknowledge that the Services may be interrupted for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. In any event, we shall not be liable for any interruption of the Services arising from unforeseen circumstances or causes beyond our reasonable control, including without limitation acts of God, acts or regulations of government, military authorities and political interferences with our activities, network, server or infrastructure failures or shortages of labour, fuel, energy or technological facilities.
(c) Notwithstanding any other provision in this Agreement, we shall not be obligated to refund any portion of any Premium Fee or otherwise provide any compensation or have any liability by reason of any interruption of the Services by reason of any of the circumstances described in Clause 10(a) or 10(b).
10. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR OTHER SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR OTHER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR OTHER SERVICES WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR ANY OTHER SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULARLY TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE AND ALL OTHER SERVICES. YOU SHOULD NOT USE THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR ANY OTHER SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. WE DO NOT WARRANT OR REPRESENT THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. WE ARE NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES OR FOR ANY FOUL/UNFAIR PLAY OR ANY BREACH OF THIS AGREEMENT BY ANY USER OR LOSS OF GAME RESOURCES OR RECORDS OR OTHER DATA (IN PARTICULAR BUT WITHOUT LIMITATION FOR LOSS OF GAME RESOURCES PURSUANT TO ANY PROHIBITED TRADING ACTIVITES).
IN THE EVENT THAT WE CHOOSE TO GRANT ANY AWARDS OR PRIZES (WHETHER PURSUANT TO ANY MARKETING ACTIVITIES OR EVENTS OR OTHERWISE), ANY AWARD OR PRIZE MAY BE SUBSTITUTED OR WITHHELD BY US FOR ANY REASON WHATSOEVER AS WE MAY DEEM FIT IN OUR SOLE DISCRETION. YOU FURTHER AGREE THAT IN THE EVENT OF ANY CONTROVERSY OR CONFLICT OR DISPUTE WITH REGARD TO THE AWARD OR PRIZE OR OTHER RESULTS OF ANY ACTIVITY OR EVENT (INCLUDING WITHOUT LIMITATION DUE TO AN ERROR IN THE SYSTEM DISPLAY), THE DECISION BY US AS TO THE AWARD OR PRIZE OR WHETHER THE SAME IS TO BE GRANTED OR OTHERWISE AS TO THE RESULTS OF ANY ACTIVITY OR EVENT SHALL BE FINAL.
11. LIMITATION OF LIABILITY
(a) THE MAXIMUM AMOUNT OF OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PREMIUM FEES PAID BY YOU TO US IN AND WITHIN THE SAME MONTH OF THE EVENT FROM WHICH SUCH LIABILITY ARISES. IN NO EVENT SHALL WE, OR ANY OF OUR JOINT VENTURES, RELATED CORPORATIONS (AS DEFINED UNDER THE COMPANIES ACT OF SINGAPORE), SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR ANY OTHER SERVICES OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR.
(b) To the fullest extent permissible under any applicable law, unless otherwise expressly provided herein, you agree that we will not be held responsible or liable for anything that occurs or results from accessing or using the Services (including without limitation any loss, costs, damages, claims, actions or liability arising from any breach of this Agreement or other acts by any User or other person or any deletion or removal of any Content or from the use, access and using of the Services and Game Resources) and you agree to release us, and waive and not assert any claims you may have against us under any law of every kind and nature, whether known or unknown, suspected or unsuspected, fixed or contingent, arising out of or in any way related to any of the Services.
(c) Notwithstanding any other provision in this Agreement, we shall not be liable for any delay or failure to perform any of our obligations under this Agreement or otherwise for any loss, costs, damages, claims, actions or liability arising from unforeseen circumstances or causes beyond our reasonable control, including without limitation acts of God, acts or regulations of government, military authorities and political interferences with our activities, network, server or infrastructure failures or shortages of labour, fuel, energy or technological facilities. Notwithstanding any other provision in this Agreement, we shall be excused from any delay or failure to perform arising from unforeseen circumstances or causes beyond our reasonable control and any such delay or failure shall not be a breach by us of our obligations under this Agreement.
(d) You agree that the disclaimers, limitation of liability, releases, waivers contained in this Agreement shall apply to the fullest extent permitted by any applicable law.
(e) Notwithstanding the foregoing, the exclusion of certain warranties or the limitation or exclusion of liability may not be permitted by relevant laws in certain instances. Therefore, some of the limitations herein may not apply to you. In particular, nothing herein shall affect the statutory rights granted to consumers or restrict any liability for death or personal injury arising from our negligence or fraud.
12. LEGAL COMPLIANCE
You must represent and warrant that (i) you are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We are unable to provide any services to the above objects.
13. INDEMNIFICATION
AT OUR REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, Azure Fancy Go, OUR LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER USERS OF THE SERVICES, FROM ALL DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS ON A FULL INDEMNITY BASIS, WHICH WE, Azure Fancy Go, OUR LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER USERS MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OR MISUSE OF THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR ANY OTHER SERVICES OR ANY BREACH OF THIS AGREEMENT BY YOU.
YOU AGREE THAT WE SHALL NOT BE OBLIGED TO BUT SHALL BE ENTITLED TO, AT YOUR EXPENSE, ASSUME THE DEFENCE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO PROVIDE YOUR FULL CO-OPERATION AND ASSITANCE IN ANY SUCH CLAIMS, ACTIONS OR PROCEEDIINGS.
14. CONTACT US
Sincerely welcome you to get in touch with us at any time, and our staff will be happy to answer you
E-MAIL:azurefancygo@sina.com
Azure Fancy Go All rights reserved.