PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA” OR “AGREEMENT“) CAREFULLY. You agree that your use of the Game acknowledges that you have read this EULA, understand it, agree to be bound by its terms and conditions and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives. BY USING AND PARTICIPATING IN THE GAME YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, YOU MAY NOT INSTALL OR USE THE GAME. You are responsible for any Internet connection fees that you incur when USING AND PARTICIPATING.
You acknowledge and agree that GAMENOW TECHNOLOGY LIMITED or any of its subsidiaries and affiliates (collectively, “GAMENOW ”) will collect personal information from you and your device, use, and share certain personal information as described in our posted privacy policy which can be found on 【https://figure2.game-bean.com/t2/541/7343.html】 (“Privacy Policy”) for the respective services. By accessing and using our services, you agree that you have read and acknowledge such Privacy Policy.
This EULA, together with the Privacy Policy and any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively “GAMENOW Terms”), govern your participation and use of the mobile game, application, software, their associated upgrades, patches, and updates and related services (the “Game”) and any other product, online service or web site (individually and collectively “GAMENOW Services”) currently offered or which will be offered by GAMENOW.
These GAMENOW Terms in this EULA are in addition to, and does not in any way replace or supplant, any license agreement or any additional terms and conditions that may apply when you use or purchase certain other products, services, affiliate services, third-party content or third-party software made available by us or on our behalf. In the event the contents of these GAMENOW Terms are contrary to one or more provisions of any other specific agreement or terms or conditions, the provision(s) of the specific license, terms or conditions shall prevail.
Any content or features purchased or made available as part of the GAMENOW Services (for example, in-app purchase of additional Product functionality), whether through use of Virtual Currency or otherwise, shall be subject to the same terms and conditions that apply to the relevant GAMENOW Services.
GAMENOW reserves the right, in its sole discretion, to modify or change GAMENOW Terms at any time by posting the changes on or within the Game or other parts of the GAMENOW Services. Your continued use of GAMENOW Services following the posting of such changes constitutes your acceptance of the revised GAMENOW Terms. GAMENOW may use reasonable commercial efforts to provide notice of material changes to you. If the modified GAMENOW Terms are not acceptable to you, your only recourse is to discontinue your use of GAMENOW Services. You agree that GAMENOW may change any part of GAMENOW Services, including its content, at any time or discontinue the GAMENOW Services or any part thereof, for any reason, without notice to you and without liability.
You can review the most current version of this EULA by clicking on the “EULA” link located on the Game or on 【http://figure2.game-bean.com/t2/541/7344.html】. You are responsible for checking this EULA periodically for changes.
While participating in the Game, you also agree to comply with certain rules of conduct that govern your use of the Game (“Rules of Conduct”), for example you may not:
• Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
• Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
• Impersonate another person (including celebrities), indicate falsely that you are an GAMENOW employee or a representative of GAMENOW, or attempt to mislead users by indicating that you represent GAMENOW or any of GAMENOW ’s partners or affiliates.
• Attempt to get a password, access information, or other private information from anyone else on GAMENOW Services.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game and software.
• Upload files that contain a virus or corrupted data.
• Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
• Improperly use web support or complaint buttons or make false reports to GAMENOW staff.
• Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications. Use any robot, spider, crawler or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the GAMENOW Services to monitor, extract, copy or collect information or data from or through the GAMENOW Services, or engage in any manual process to do the same.
• Modify any part of the GAMENOW Services that GAMENOW does not specifically authorize you to modify.
• Post or communicate any user’s real-world personal information using an GAMENOW Service.
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an GAMENOW Service.
• Attempt to use GAMENOW Software on or through any service that is not controlled or authorized by GAMENOW.
• Exploit the Game or any of its parts thereof or GAMENOW Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
• Interfere with the ability of others to enjoy playing an GAMENOW Service or take actions that interfere with or materially increase the cost to provide an GAMENOW Service for the enjoyment of all its users.
• Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
• Reverse engineer, decompile or disassemble all or any portion of the Game.
• Facilitate, create or maintain any unauthorized connection to the Game, including without limitation and (b) any connection using programs or tools not expressly approved by GAMENOW.
• Sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the Game, or sell, exchange trade, give, convert, redeem or otherwise transfer Virtual Goods inside the Game, except as expressly permitted by this EULA, the GAMENOW Terms or otherwise permitted in the gameplay.
• Use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the GAMENOW Services or for any other purpose.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Game (whether or not such third parties are registered users of the Game) and for the employees and representatives of GAMENOW. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use the Game. GAMENOW reserves the right to terminate this EULA and to prevent your use of any and all GAMENOW Services if your Access is used to engage in illegal activity, violates these rules of conduct, or otherwise any GAMENOW Terms.
If you are aware of any illegal or non-permitted use of your Accounts or any Account security issues, please notify us immediately.
If you decide to use the GAMENOW Services, subject to your agreement and compliance with GAMENOW Terms, GAMENOW hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Game for one registered account on one mobile device owned or leased solely by you. GAMENOW also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of GAMENOW Services that are not part of the Game. The rights granted to you by GAMENOW under this License are subject to the terms of this EULA 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.
Use of GAMENOW Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If GAMENOW Services or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Game or any other part of GAMENOW Services, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Game; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Game to any third party or use the Game to provide time sharing or similar services for any third party; (iii) make any copies of the Game; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Game, features that prevent or restrict use or copying of any content accessible through the Game, or features that enforce limitations on use of the Game; or (v) delete the copyright and other proprietary rights notices on the Game.
The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
The Game may require or allow you to download software, software updates or patches, or other utilities and tools from GAMENOW or its licensors (collectively, “GAMENOW Software”). In such cases, GAMENOW grants to you a non-exclusive, limited license to use GAMENOW Software solely for the purpose stated by GAMENOW at the time the GAMENOW Software is made available to you. If an End User License Agreement is provided with the GAMENOW Software, your use of the GAMENOW Software is subject to the terms of that license agreement in addition to these GAMENOW Terms. You may not sub-license, or charge others to use or access GAMENOW Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from GAMENOW Software. You may not modify GAMENOW Software or use it in any way not expressly authorized in writing by GAMENOW. You understand that GAMENOW ’s introduction of various technologies may not be consistent across all platforms and that the performance of GAMENOW Software and related GAMENOW Services may vary depending on your Device and other equipment.
From time to time, GAMENOW may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that GAMENOW may stop to support previous versions of the Game upon availability of an updated version. Your failure to install the Game or any updates in accordance with our installation instructions may result in dysfunction of the Game and GAMENOW Services in whole or in part.
GAMENOW Services and all title, ownership rights and intellectual property rights in and to the Game (including, without limitation, any and all element in connection with the Game and GAMENOW Services embodied in the user content, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by GAMENOW or GAMENOW ’s licensors and are protected by laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a GAMENOW Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game. GAMENOW reserves all rights in GAMENOW owned and licensed Game and GAMENOW Services that are not expressly granted to you in this EULA or GAMENOW Terms. You acknowledge that GAMENOW and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
To the maximum extent permitted by applicable law, we have the right to delete, alter, move, remove, or transfer any and all content, material or item of the Products (including virtual goods) in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you. To the maximum extent permitted by applicable law, we do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your Account.
Making unauthorized copies of the Game may result in the termination of this EULA, prohibition on use of GAMENOW Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
The Game may, from time to time, feature virtual goods. Virtual goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game or we may allow you to “purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods (such as virtual currency) purchased on other platforms such as Steam, PlayStation, or Xbox will be subject to those platforms’ terms and conditions. Please review those platforms’ terms and conditions for further information before completing your purchase. GAMENOW does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and GAMENOW is not a party to the transaction.
Virtual Goods are licensed to you, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion.
GAMENOW has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion an GAMENOW shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real” money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this EULA, the GAMENOW Terms or otherwise permitted in the gameplay.
For Japanese Users, regarding to our GAMENOW Services, some of the Virtual Goods will be treated as prepaid payment instruments based on the Japan Payment Services Act. Unless otherwise specified, Virtual Goods obtained through real money payment shall take precedence over those freely obtained Virtual Goods when users consume. Also, for the prepaid Virtual Goods haven’t been consumed for more than 180 consecutive days, we will transfer them into freely obtained Virtual Goods. We promised that the relevant Prepaid Payment Instruments shall be or will be deemed to have been provided with certain services/in-game properties upon acquisition.
All purchase of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from GAMENOW at any time. By downloading, streaming or accessing your Virtual Goods, Games and/or GAMENOW Services, you will immediately lose this right to cancel once the download, streaming or accessing of such Virtual Goods, Games and/or GAMENOW Services is complete, due to the nature of these GAMENOW Services. This means that if you download, stream or access the Virtual Goods, Games and/or GAMENOW Services straightaway, you acknowledge that you will therefore no longer have the right to cancel them.
If you are under the age of 18, or under the age of legal majority in your jurisdiction, you must make sure that you have the express permission of your parent or guardian before you make any purchase. For parents and legal guardians – we strongly recommend that you set the appropriate payment default settings relating to our GAMENOW Services to ensure that your express consent is required to be given (such as by entering your Account password) in order to trigger any transaction.
GAMENOW reserves the right to modify the price for Virtual Goods that may be “purchased” at any time and the retail price for Virtual Goods does not need to be linear.
Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
THE GAME MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE GAME WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR DEVICE; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE GAME; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR DEVICE ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE GAME, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE GAME THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL GAMENOW BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR DEVICE BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE GAME. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
This EULA is effective from the earlier of the date you purchase, download or use the Game, until terminated according to its terms. Both you and GAMENOW (or its licensors) may terminate this EULA at any time for any reason or for no reason.
Termination by GAMENOW will be effective upon notice to you, termination or deletion of your Account (if any), or GAMENOW ’s decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. We will always do our best to give you an initial warning rather than moving straight to terminating or deleting your access to our Games, Virtual Goods and/or any other GAMENOW Services. But if you have seriously breached this EULA or have been issued with previous warnings, we may then move to terminate our contract with you under this EULA and your license to access our Games, Virtual Goods and/or any other part of the GAMENOW Services. Under such circumstances we will notify you in writing by email or within the app, website or other part of the GAMENOW Services as appropriate. Upon termination the rights and the license granted herein will terminate and you must cease all use of the applicable Games, Virtual Goods and/or any other part of the GAMENOW Services. If we decide to withdraw Game(s), Virtual Items and/or any other part of the GAMENOW Services from the market, we’ll do our best to notify our users (via our website, or via email, push notification or text) at least 60 days prior to withdrawing access. If you fail to use your Account for a period longer than two (2) years starting from the date when such Account is last used in logging in, any and all data in connection with such Account (e.g., all data relating to your in-game character of such Account) will be eliminated and non-restorable. When the account becoming a non-used Account you will have no right to (i) any virtual items or Virtual Currency in that Account; and (ii) any virtual Items or Virtual Currency to which you had access via the non-used Account will be lost and no longer be available to you, and you will have no right to them.
You may terminate this EULA (and consequently, your Account (if any)) at any time by notifying GAMENOW at 【figuregk2@ourpalm.com】. Upon termination of this Agreement, your right to use the Game shall immediately cease you must immediately uninstall the Game and destroy all copies of the Game in your possession.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law or as expressly provided in GAMENOW Terms.
GAMENOW reserves the right to collect fees, surcharges or costs incurred before you terminate this EULA.
This Section shall survive termination of this EULA.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER GAMENOW SERVICES, GAMENOW SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, GAMENOW SERVICES, GAMENOW SOFTWARE, CONTENT, GAMENOW ’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. GAMENOW PROVIDES THE GAME AND GAMENOW SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE GAMENOW SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GAMENOW WILL HAVE ADEQUATE CAPACITY FOR GAMENOW SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE GAMENOW SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAMENOW SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GAMENOW OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY GAMENOW SERVICES. YOU ACKNOWLEDGE AND AGREE THAT GAMENOW, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY GAMENOW SERVICES OR USE OF GAMENOW SOFTWARE. IN NO CASE SHALL GAMENOW OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “GAMENOW’S AFFILIATES “) LIABILITY TO YOU EXCEED five hundred dollars (＄500). IN NO CASE SHALL GAMENOW OR GAMENOW’S AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF GAMENOW SERVICES, GAMENOW SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF GAMENOW SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, GAMENOW’S AND GAMENOW’S AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
B. Indemnification
Upon GAMENOW’s request, you agree to defend, indemnify and hold harmless GAMENOW and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other GAMENOW Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold GAMENOW harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to GAMENOW, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.
GAMENOW reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to GAMENOW in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: GAMENOW MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND GAMENOW SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL GOODS YOU MAY HAVE “EARNED” OR “PURCHASED”. GAMENOW RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
D. Third-Party Features
As applicable, certain parts of the Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
A. Equitable Remedies
You hereby acknowledge and agree that GAMENOW would suffer irreparable harm if this EULA or any of the GAMENOW Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that GAMENOW shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other GAMENOW Terms.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other GAMENOW Terms (“Dispute”), you and GAMENOW agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration proceeding. Such informal negotiations commence upon written notice from one person to the other. GAMENOW will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to GAMENOW via email to【figuregk2@ourpalm.com】 or in writing and addressed to: GAMENOW LIMITED at [FLAT/RM 603,6/F, LAWS COMMERCIAL PLAZA,788 CHEUNG SHA WAN ROAD, KL].
C. Formal Dispute Resolution
If you and GAMENOW are unable to resolve a Dispute through informal negotiations, either you or GAMENOW may elect to have the Dispute finally and exclusively resolved by the arbitration centre of Hong Kong.
A. Remedies
You agree that this EULA is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that the Privacy Policy and this EULA and any other GAMENOW Terms, including GAMENOW’s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of this EULA or the GAMENOW Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of GAMENOW, and the remaining portions shall remain in full force and effect.
C. Assignment.
GAMENOW may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without GAMENOW ’s prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of GAMENOW (or its licensors) to exercise or enforce any right or provision of this EULA or any GAMENOW Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by GAMENOW (or its licensors) of any provision, condition or requirement of this EULA or any GAMENOW Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure.
GAMENOW shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of GAMENOW, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond GAMENOW ’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law.
The laws of Hong Kong, excluding its conflicts-of-law rules, govern this EULA and any other GAMENOW Terms; and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with GAMENOW or relating in any way to this EULA, any other GAMENOW Terms, or your use of any GAMENOW Services resides in the Hong Kong International Arbitration Centre (HKIAC), and you further agree and expressly consent to the exercise of jurisdiction in HKIAC in connection with any such dispute including any claim involving GAMENOW or its affiliates, employees, contractors, officers, directors, vendors and content providers. The arbitration will be conducted in Hong Kong in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The arbitral award is final and binding upon both parties. The arbitration shall be held in English language.
Those who choose to access the Game or any other GAMENOW Services from all locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, this EULA shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
G. Entire Agreement.
This EULA, the Privacy Policy, and any other GAMENOW Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and GAMENOW relating to your rights and obligations in the use of the Game and the GAMENOW Services. If there is any conflict between this EULA, the Privacy Policy, and any other GAMENOW Terms, GAMENOW shall resolve the conflict in its sole discretion.
For any questions concerning this EULA, you may contact GAMENOW at the following address: 【figuregk2@ourpalm.com】
H. Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Game that GAMENOW provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that GAMENOW Terms are between you and GAMENOW only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with usage rules set forth in Apple’s then-current App Store Terms of Service.
GAMENOW, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that GAMENOW, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by GAMENOW Terms and any law applicable to us as provider of the iOS App.
You agree that GAMENOW, and not Apple, shall be responsible, to the extent required by GAMENOW Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not 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.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to GAMENOW Terms as they relate to your license to use the iOS App. Upon your acceptance of GAMENOW Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce GAMENOW Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any Game that GAMENOW provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that GAMENOW Terms are between you and GAMENOW only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
GAMENOW, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or GAMENOW Terms.
Date of Last Revision: July 18th, 2024