SUMMARY
Governing law and Jurisdiction
About These Terms
This Agreement is entered into by and between you and Mattel163 Limited (hereinafter referred to as “Mattel163”, "we", "us" or "our") in relation to our online game and any related services (together referred to as our "Game"). You agree that by accessing and/or playing our Game, you are binding to this Agreement. In addition, when using our Game, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time, including without limitation to our Privacy Statement.
We may update this Agreement from time to time by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement.
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
Accounts
Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
MATTEL163 RESERVES THE RIGHT TO REMOVE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR MORE THAN 365 DAYS.
We encourage you to actively log in to the application after registering an account at least once a year to keep your account active in that application. Accounts may be permanently removed due to prolonged inactivity.
User Conduct and Content
You must follow applicable laws of the jurisdiction where you are located when visiting our Game. If any applicable laws restrict or forbid you from playing our Game, you shall follow such restrictions or stop visiting or playing our Game.
Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Game. You are exclusively responsible for any and all Content that you may provide via our Game, either published in public or sent in private. Regarding to such Content, you agree to comply with applicable laws and to the following:
You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit, related to self-harm or otherwise;
You will not provide any Content containing any sensitive political issues or expressing any strong political views within the Game, including but not limited to topics such as religion, race, nationality, or any other sensitive issues that may cause offense or disrupt our Game's peaceful environment;
You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
You will not provide Content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
You will not provide any Content that contains anything that, in the sole determination of Mattel163, is objectionable or inhibits any other person from using or enjoying the Game, or which may expose Mattel163 or its users to any harm or liability of any kind.
By playing our Game, you agree that you will not:
except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Game;
use our Game in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Game, collect any information of the Game or connect to the Game;
use our Game for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
exploit any bugs to gain an unfair advantage in acquiring in-game resources or to alter game data using third-party tools that may affect the fairness of the Game;
engage in unsportsmanlike conduct that may negatively impact other players' ability to enjoy the Game, including but not limited to any behavior or actions that may disrupt our gameplay, such as intentionally losing, trolling, or cheating;
reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Game, any Content created by others or any portion thereof, in whole or in part;
remove or amend any patent notice, copyright notice or other intellectual property information from our Game;
collect any information, other than reasonably necessary for playing the Game, of other users; and
Unless otherwise specified, transfer virtual currencies such as gold coins and points ("Virtual Money") or items or services for use within our Game ("Virtual Goods") in any way once you purchase it, including but not limited to transaction, gift and exchange for real money.
use our Game in any other way not permitted by this Agreement or any posted guidelines or rules.
Access
You are responsible for obtaining and maintaining necessary devices for playing our Game, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.
You understand that due to the specialty of the online games, we may update our Game from time to time, which may block your access to the Game for a period of time and result in the modification of the content of the Game. We are not liable for any losses incurred by such updates except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
In the circumstance that our Game is in a “test period” or a “beta version” or something of that kind, your access to our Game may be subject to specific rules, such as limited period or limited number of users to access to the Game, privilege of some users to access to the Game, our reserved rights to modify or delete the game data of users, and irregular shut down of the Game servers. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game are highly appreciated.
Disclaimer
Although we endeavor to provide the accurate and reliable services of our Game, you expressly understand and acknowledge that OUR GAME, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TO USE OUR GAME, AND/OR RELATED SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR GAME, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAME, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR GAME, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
Breach and Indemnification
In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) muting you in chatrooms; (iii) restoring your Game data to the status before your breach; (iv) suspending or terminating your right to use our Game; (v) taking legal action against you or disclosing relevant information to law enforcement authorities and (vi) any other actions set forth in any posted guidelines and rules.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Intellectual property
Mattel163 and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Game, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The Game and all data, content and software associated with or generated within it including without limitation any and all Virtual Goods and Virtual Money (collectively referred to as our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Game. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Game on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. You can use the Work obtained within our Game for so long as we operate our Game unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work (such as some Virtual Money and Virtual Goods) and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject to certain third party’s license such as open source license as stated in the Game or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
Payment and Refund
The Services may permit you to purchase certain other products or services ("Offerings"). You acknowledge and agree that all information you provide to the payment processor with regard to the purchase of Offerings, including credit card or other payment information (if applicable), is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to our payment processor, including any credit card you provide when completing a transaction. We reserve the right, to the extent possible under applicable law, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of any Offerings and (b) refuse to allow any user to purchase any Offerings. You agree that we may alter, modify, update, suspend, or restrict your access to any features or parts of the Services, including Offerings, such as modifying certain features of Virtual Goods for regulatory, legal, or legitimate business reasons, or to enhance the gaming experience, to the extent permitted by law. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorize us and/or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. Except for our wilful misconduct or gross negligence, we have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you make in or via the Services.
UNLESS OTHERWISE PROVIDED IN THESE TERMS OF USE OR REQUIRED BY APPLICABLE LAWS, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL AND NON-REFUNDABLE.
The following provisions apply if you reside in the European Union, Switzerland, and the United Kingdom:
a) you can cancel a digital content (e.g., game add-ons) purchased within 14 days from the date of purchase and receive a refund, provided that you have not started downloading or streaming it, subject to your consenting to waive the right to cancel the purchase;
b) all in-game consumables (e.g., virtual currencies, card packs, chests and other items that are depleted during gameplay) will be delivered immediately subject to your consent, so you will not be able to cancel the purchase; and
c) you can cancel your purchase of a subscription service and request a refund within 14 days from the initial transaction date, even after you start using the subscription. The refund may be reduced pro-rata to reflect the use you have had of the subscription.
Privacy
Please read the Mattel163 Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Mattel 163 Privacy Policy is incorporated by this reference into, and made a part of, these Terms. You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of your personal information (including sharing data with third party providers) as described in the Mattel163 Privacy Policy.
We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
Our Game may contain links to many other web sites or applications, users shall read the corresponding privacy policies carefully in the access to those web sites or applications. We will not be responsible for the acts of such websites or applications.
Governing law and Jurisdiction
Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or the User Agreement shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center.
Miscellaneous
Transfer
You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.
Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
Severability
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
Contact Us
If you have any further questions about this User Agreement or our privacy practices, please contact us via email at dataprivacy@mattel163.com; the contact information in the Game or on the official website of the Game; or post to Mattel163 Limited, 1/F Xiu Ping Commercial Building, 104 Jervois Street, Sheung Wan, Hong Kong, ATTENTION: Mattel163 Game Team.
In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.