License and Service Agreement
Updated Date: Janauary 10, 2025
This License and Services Agreement (hereinafter also referred to as the "Agreement") shall be governed by the laws of Hong Kong to the exclusion of all other conflicts of laws. This Agreement is entered into in the Hong Kong Special Administrative Region. If any dispute arises between the parties regarding the content or implementation of this Agreement (including, but not limited to, contractual disputes or other disputes over property rights and interests), the parties shall negotiate and settle the dispute amicably; in the event that negotiation fails, the parties agree to submit the dispute to the Hong Kong International Arbitration Center(HKIAC) for arbitration.
Important Notes:
I.Please read the terms and conditions of this Agreement carefully before using Gamewtb.com (hereinafter also referred to as "the Product") and related services ("the Product and related services" hereinafter also referred to as "Product Services"). We would like to remind you to read and fully understand all the terms and conditions of this Agreement, especially the terms and conditions that exclude or limit the liability of the Company (such terms and conditions usually contain terms such as "no liability" and "no warranty"), the terms that limit the User's rights (such terms usually contain words such as "shall not" and "shall not have the right"), and the terms on the application of law and dispute resolution, which shall be applied to the fullest extent permissible under the law, and which are usually underlined in bold type.
II.If the User does not agree with any of the terms of this Agreement, please do not install or use the Product or related services. Once the User clicks "Agree" (or other words with the same meaning, such as "Accept", etc.) and installs, registers, begins to use and/or continues to use the Product or related services, the User is deemed to have agreed to and accepted all the terms and conditions of this Agreement, and thereafter the User shall not be allowed to raise any form of defense on the grounds of not reading/not agreeing to the contents of this Agreement or similar reasons. All terms of service, rules and announcements published by the Product shall have the same legal effect as this Agreement. You are required to comply with this Agreement and the terms of service, rules and announcements in the course of using the product services.
When you use any individual service, you agree to be bound by this Agreement and the specific terms and conditions set forth by us for that individual service (the "Specific Terms"), in which case the Specific Terms and this Agreement shall be effective against you. In the event of any inconsistency between the Specific Terms and this Agreement, the Specific Terms shall prevail to the extent that the Specific Terms are binding. If we provide a single service that is not subject to this Agreement, that service will expressly exclude the application of this Agreement in an appropriate manner.
III. A person with restricted capacity shall read this Agreement accompanied by a legal representative and obtain the legal representative's consent to the entire contents of this Agreement and to all acts of the person with restricted capacity to receive services and pay fees pursuant to this Agreement; an incapacitated person shall not receive any of the services agreed upon herein unless he or she is represented by a legal representative in accordance with the law.
1. signatory
(1)The Company, namely Vgamepop Limited (i.e. the provider of the Product Services). The Company will provide the Product Services to the Users through its own websites and platforms which are owned, legally authorized to operate and/or partnered with the Company.
(2)You, also known as the "user". Through the legal means provided by the Company, to obtain the Company's non-commercial use of the nature of the authorization, so as to install, use the product or receive product services of natural persons.
2. Definitions and Descriptions
In the absence of indications to the contrary, the following words shall have the following meanings:
(1) The Product: refers to the Gamewtb.com series of products provided by the Company, as well as updates, upgrades, patches, etc., related to the Product, and may include related web servers, web sites, electronic media, or electronic documentation.
(2) Product Services: refers to the online services provided by the Company to the User in connection with the Product and includes the Product itself.
3. Intellectual Property
(1)This product is provided by the Company. All copyrights, trademarks, patents and other intellectual property rights, trade secrets, and all information content related to the product, including but not limited to: textual expressions and their combinations, icons, illustrations, charts, colors, interface designs, layout frames, relevant data, printed materials or electronic documents, etc., are protected by the relevant copyright laws, trademark laws, patent laws, anti-unfair competition laws, relevant international treaties and other laws and regulations. The Company and/or the Company's affiliates enjoy the above intellectual property rights, except for software or technology licensed by a third party. Without the prior express consent of the Company, the User shall not implement, utilize, transfer or license any third party to implement, utilize or transfer the aforementioned intellectual property rights for any profit-making or non-profit-making purpose, and the Company reserves the right to pursue the legal responsibility for the aforementioned unauthorized acts.
(2) The Product Services may involve intellectual property rights of third parties, and if such third parties have requirements for the User to use such intellectual property rights in the Product Services, the Company will notify the User of such requirements in an appropriate manner, and the User shall comply with such requirements.
(3)All other rights not expressly granted to the User in this Agreement shall remain with the Company.
4. License and Restrictions on Use of this Product
(1)Under the premise that the User agrees to accept all the terms of this Agreement, the Company grants the User a non-commercial, revocable, changeable, non-exclusive, non-transferable, non-sub-licensable, non-grantable, non-inheritable right to use the Product and the Product Services. Users may, within the scope of the authorization, access the Product through the Internet or other means, or install the Product on terminal equipment for personal use, and use or run a copy of the Product in the manner specified by the Company and enjoy the Product services provided by the Company.
(2) Unless otherwise agreed in this Agreement, Users shall not perform the following acts (whether for profit or not for profit) without the prior written consent of the Company:
A. Copying, changing, modifying, hooking up or creating any derivative works of the Product or the data released into the memory of any device terminal during the operation of the Product and the interaction data between the client side and the server side during the operation of the Product, including, but not limited to, the use of plug-ins, plug-ins not provided by the Company or non-authorized third-party tools/services for accessing the Product and the related systems.
B. Reproducing, duplicating, decompiling, disassembling, distributing and displaying all or part of the programs, manuals, and other graphic and audiovisual materials of this product, or reverse engineer any feature or program of this product or its contents
C. Publicly displaying and broadcast all or part of this product/product service in various forms and on various platforms (including but not limited to webcasting platforms, websites, APPs, etc.).
D. Rent or selling the product or content or engage in any profit-making behavior using the product or content.
E. Modifying or covering up service names, company logos, trademarks (or) copyright information, other intellectual property notices, etc. on the contents of programs, images, animations, packaging and manuals of this product.
F. Other violations of trademark law, copyright law, regulations on the protection of computer software and related laws and regulations, and international treaties.
5. User account registration, use and safekeeping
The Company has the right to determine the rules for account registration, use and storage of the products and product services. If the Company requires the user to register an account to use the products and product services, the user shall comply with the following agreement:
(1) The User undertakes to register and log in to the Product with his/her real identity, using his/her real cell phone account and/or the account of a partner recognized by the Company (hereinafter also referred to as the "User's Account"), and to use such account to receive the Product's services. The User agrees that the true and accurate personal information provided by the User shall be the only evidence of the User's association with the User Account and the User's identity. If the User provides false registration identity information, or commits acts in violation of this Agreement regarding the registration and use of the User Account, the Company has the right to suspend or terminate the provision of all or part of the Services to the User.
(2)Use and Safekeeping of User Accounts
A. The Company has the right to review whether the identity information provided by you during registration is true and valid, and shall actively take reasonable measures, such as technical and administrative measures, to protect the security and validity of the user account. You have the obligation to keep the user account, password and authentication code properly, and use the user account, password and authentication code correctly and safely. Any party that fails to fulfill the above obligations lead to the loss of user account passwords, user account theft and other circumstances to you or others of the civil rights of the damage caused, should bear the resulting legal liability.
B. You have the right and responsibility for the behavior generated by the user account in accordance with the law. The user account is limited to the registered applicant's own use, you may not provide the user account to a third party in the form of renting, lending, selling, gifting or any other form of use.
C. Once it is found that the user account, password or authentication code has been illegally used by others or there is an abnormal use of the situation, the user shall promptly deal with it in accordance with the processing methods announced by the account service provider, and shall have the right to promptly notify the Company to take measures to suspend the login and use of the user account.
D. If the Company takes measures to suspend the login and use of the user's account based on the user's notification, the Company has the right to request the user to provide and verify valid personal identification information or proof that is consistent with his or her registered identification information.
E. The Company shall take timely measures to suspend the login and use of the user's account if it verifies that the personal valid identification information or proof provided by the user is consistent with the registered identification information.
F. If the user does not provide his/her personal valid identification information or proof, or if the personal valid identification information or proof provided by the user does not correspond to the registered identification information, the Company has the right to reject the user's above request.
H. Users in order to safeguard their legitimate rights and interests, to the Company to provide the identity information registered with the identity of individuals consistent with the valid identity information or proof, the Company shall, in accordance with the law, provide users with the account registrant proof of the original registration information, such as the necessary assistance and support, and as needed to the relevant administrative organs and judicial organs to provide relevant evidence and information materials.
I. If the user uses the products and services without registering and logging in to the user account, the relevant data and rights and interests will be limited to the use of the corresponding equipment. Replacement of equipment, uninstallation and reinstallation, or damage to the equipment resulting in the software not being able to start up normally, etc., may result in the relevant data (including the paid data) can not be retrieved, and the user shall bear the losses caused by such circumstances.
6. User misconduct
(1) The user hereby expressly agrees that the following acts are seriously damaging to the Company's rights and interests, and that if the user commits one or more of the following acts, the Company shall have the right to terminate the provision of services to the user, and shall have the right to restrict, freeze, or delete the corresponding user account and/or clear his/her rights and interests. In this regard, the Company shall not be required to provide any compensation or refund, and the user shall bear all the responsibilities arising therefrom. The user shall be responsible for full compensation for any other losses caused to the Company or a third party as a result of any of the following behaviors:
A. Obtaining user accounts and/or product services for himself or others for profit;
B. Providing a user account to a third party for use in any form, such as renting, lending, selling, gifting, or any other form;
C. Use any content obtained through the Product Services for purposes other than personal study, research or enjoyment;
D. Stealing another person's user account for top-up payment or use;
E. Obtaining user accounts and/or product services by any robot software, spider software, crawler software, swipe software, or other means not approved by the Company;
F. Obtaining user accounts and/or product services by improper means or in violation of the principle of honesty and good faith.
G. Other damages to the user, the Company or a third party caused by the user's failure to properly store his or her user account, password or verification code.
(2) The User may use the Product Services in accordance with this Agreement subject to compliance with the law and this Agreement. Users are not authorized to commit acts including, but not limited to, the following:
A. Logging in to or using our products and services through third-party compatible software or systems not developed, authorized or approved by us, or using plug-ins for our products and services that are not developed, authorized or approved by us;
B. Deleting any information or content about copyrights on this product and other copies;
C. Reversing engineering, reverse assembly, reverse compilation, etc. of this product;
D. Any unauthorized use of information related to this product without the prior express consent of the Company includes, but is not limited to, the following acts: use, lease, loan, reproduction, modification, linking, reprinting, compilation, publication, publication, establishment of mirror sites, and the unauthorized use of this product to develop derivative products, works, services, plug-ins, extras, compatibilities, and interconnections related thereto;
E. Performing any act that jeopardizes the security of the computer network, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing the public network or other people's computer systems and deleting, modifying, or adding to the stored information without permission; performing or attempting to perform acts of probing, scanning, or testing the weaknesses of the product's system or network, or other acts that may damage the security of the network, without authorization; performing or attempts to interfere with or disrupt the normal operation of the product's system or website, spread malicious programs or viruses and other behaviors that may disrupt and interfere with normal network information services; forges TCP/IP packet names or partial names;
F. Attacking, hacking into the product server, or overloading the server by logging in or attempting to log in to the server at a high frequency during a concentrated period of time that exceeds normal user login requirements;
G. Other use of the Product and other services provided by the Company in any manner that is not lawful, for any purpose that is not lawful, or in any manner that is inconsistent with this Agreement.
7. Protection and Collection of User Information
(1) It is our company's policy to respect the privacy of users' personal information, and we will take reasonable measures to protect users' personal information.
(2) The Company shall disclose its privacy protection policy and personal information utilization policy to the user in advance in a clear and visible manner when requesting the user to provide information related to his/her personal identity, and shall take necessary measures to protect the safety of the user's personal information.
Without the user's permission, the Company shall not provide, disclose, or share with any third party the personally identifiable information provided by the user, such as name, personal valid identification number, contact information, home address, etc., except in the following cases:
A. The user himself/herself or his/her guardian authorizes the Company to disclose;
B. Necessary for the formation and performance of a contract to which the user is a party;
C. Necessary for the performance of legal duties or statutory obligations;
D. In response to a public health emergency, or when necessary to protect the life, health and property of the user or others during an emergency;
E. The handling of users' personal information within a reasonable range when performing acts such as news reporting and public opinion monitoring in the public interest;
F. Handling of personal information disclosed by the user himself/herself or otherwise legally disclosed within a reasonable range;
G. Other cases stipulated by laws and administrative regulations.
In order to protect the user's privacy and regulate the use of the user's personal information, the Company has formulated a privacy policy for the Gamewtb.com series of products (the details of which are subject to the display of each version of the software/program), and we ask that the user reads the contents of the policy in detail.
In addition to the aforementioned personal information, you agree and authorize the Company to collect other necessary information about you based on the requirements of administrative/judicial authorities or considerations of security, user experience optimization, etc., but the Company may only collect and utilize such information for the purpose of fulfilling this Agreement.
8. Interruption, suspension and termination of services
(1) Suspension and termination of services to users
A. The Company shall immediately terminate the provision of services to the user if the user publishes unlawful information, seriously violates social morality, or otherwise violates the prohibitions of the law.
B. The Company reserves the right to suspend or terminate the provision of services to the user if the user commits an improper act while receiving services from the Company.
C. If a user provides false registration identity information or commits an act that violates this Agreement, the Company has the right to suspend or terminate the provision of all or part of the services to the user.
The Company shall notify the user of the suspension and inform the user of the suspension period, which shall be reasonable, and the Company shall resume service to the user in a timely manner upon expiration of the suspension period.
(2) Interruption, suspension and termination of product server operations
A. For the normal operation of the servers of this product, the Company needs to periodically shut down the application/website servers for maintenance or emergency shutdown for maintenance in response to emergencies; please understand that normal service interruptions and suspensions are caused by the above circumstances, and the Company will endeavor to limit the interruption time to the shortest possible period of time.
B. In the event of any of the following circumstances, the Company shall have the right to terminate or interrupt all or part of the services provided by the product server, and the Company shall not be liable to the user or any third party for any inconvenience or damage resulting therefrom:
a. We have the right to suspend the service for regular inspection or construction, updating of hardware and software, etc. However, we will complete the maintenance and updating work as soon as possible;
b. The server has suffered damage and is not functioning properly;
c. Sudden hardware and software equipment and electronic communications equipment failures;
d. Network provider line or other failure;
e. In case of emergency, in accordance with the law or for the personal safety of the user and third parties;
f. Third-party causes or other cases of force majeure.
C. The Company reserves the right to terminate or partially terminate the provision of the Product Services as it deems necessary, and will make an announcement in advance of such termination. Users shall not request the Company to bear any form of compensation or indemnity liability due to the full termination of the service, including but not limited to compensation requested due to the fact that they can no longer continue to use the user account, product services, etc.
(3) Users have the right to interrupt or terminate the use of the product or uninstall the software by themselves, and shall not claim any responsibility from the Company for this. Users are aware that after uninstallation, they can no longer use the functions of the product and related services.
9. Links and advertising information
(1)All links provided by the Company in this product, the official website of this product, may be linked to the websites of other individuals, companies or organizations, which are provided for the purpose of facilitating users to search for or obtain relevant information on their own, and the Company does not warrant the authenticity, completeness, timeliness or trustworthiness of the products, services or information provided on the websites of the linked individuals, companies or organizations. No employment, appointment, agency, partnership or other similar relationship exists between these individuals, companies or organizations and the Company.
(2)The Company reserves the right to place commercial advertisements or other event promotion information on or through the Services. These advertisements or promotional activity information are provided by advertisers or commercial service providers who are responsible for them, and the Company only provides a medium for posting the content. The transaction behavior of the goods or services purchased by users through such linked websites or advertisements is only between the corresponding users and the providers of such products or services, and has nothing to do with the Company, which does not assume any responsibility for the transaction behavior arising between users and the providers of such goods or services, and users should pay special attention to this.
10. Damages and force majeure clauses
(1)If your violation/breach of contract within this product causes damage to the Company or a third party, you shall be held legally liable. We have the right to take all reasonable actions against our own damages, and we have the right to recover the amount of damages from you and require you to bear the reasonable costs of recovery. If any third party asserts any claims, demands or damages against us as a result of your violation/breach of contract, you agree to assume full responsibility and hold us and/or its affiliates and partners harmless from any liability.
(2)The Company shall not be liable for losses caused by force majeure. Force majeure" referred to in this agreement includes: natural disasters, changes in laws and regulations or governmental directives, reasons specific to the characteristics of the network service (such as the failure of domestic and foreign basic telecommunication carriers, technical defects in computers, mobile devices or the Internet, Internet coverage limitations, viruses in computers, mobile devices, hacker attacks, etc.), and other unforeseeable, unavoidable and insurmountable objective circumstances within the scope of the law. ), and other unforeseeable, unavoidable and insurmountable objective circumstances within the legal scope.
11. Storage and security of information and limitation of services
The Company will endeavor to maintain the security and convenience of the services provided under this Agreement, but will not be responsible for the deletion or storage failure of content (including but not limited to content uploaded by the User) that occurs in the services. The Company reserves the right to determine whether the User's behavior is in compliance with the Agreement, and if the User violates the Agreement, the Company has the right to discontinue the services provided to the User under the Agreement.
12. Change of Terms
The Company reserves the right to modify the terms of this Agreement and/or other terms of service, rules or announcements published when necessary, and to remind the user of such modifications in an appropriate form, so please check the relevant contents regularly. Users who continue to use the services covered by this Agreement shall be deemed to have agreed to the modifications; users shall stop using the product services if they do not agree to the modifications.
13. Intellectual property rights and licenses for content provided by users
The Company respects intellectual property rights and emphasizes the protection of the rights enjoyed by users. In the course of using the Products and Services, you may be required to provide us with content by uploading, posting, and other means. In such cases, unless otherwise agreed, you retain full intellectual property rights to such content. You hereby expressly agree that by uploading and posting any content (including, but not limited to, images, videos, text, etc.) to the Products, you irrevocably grant us and our affiliates a worldwide, perpetual, and royalty-free license to use, transmit, reproduce, modify, sublicense, translate, publish, perform, and display such content and to create derivative works from such content. Works. If the complete intellectual property rights of the works and other contents uploaded or published by you belong to a third party licensor, you shall guarantee that the third party licensor agrees to grant the Company and its affiliates the aforementioned rights, otherwise, the user shall bear all the liabilities arising therefrom, and the user shall be liable to compensate for any damages caused to the Company, its affiliates, or third parties as a result of such damages.
14. Other Agreements
(1) In order to avoid disputes, the user agrees to use the data stored on the Company's servers as the standard of judgment for issues related to data and technical aspects involved in this agreement. The Company guarantees the authenticity of such data.
(2) The headings of all the terms of this Agreement are for convenience only and have no actual meaning in and of themselves, and are not to be relied upon as a basis for interpreting the meaning of this Agreement and the related terms.
(3) If any provision of this Agreement is held to be invalid or partially invalid or unenforceable for any reason, such provision will be replaced by a valid and enforceable provision that most closely approximates the intent of the original provision, and the remaining provisions of this Agreement shall remain valid and enforceable.
(4) The Company's non-exercise, failure to exercise in a timely manner, or failure to fully exercise its rights under this Agreement or in accordance with the law shall not be deemed to be a waiver of such rights, nor shall it affect the exercise of such rights by the Company in the future.
(5) The Company may assign part or all of its rights and obligations under this Agreement to others, and the User shall have the right to stop using the Product Services under this Agreement if the User does not agree to such assignment by the Company. If the user continues to use the product services, the user is deemed to have agreed to the Company's transfer.
(6)If the user has any questions about the contents of the terms of this Agreement, you can use the feedback function within the product end to make inquiries and / or contact us, we will provide you with fast, high-quality answers and services.