Term of Use
1. GRANT OF A LIMITED LICENSE TO USE THE SERVICE.
Subject to your acceptance of and continuing compliance with these TOU, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client. You may not use the Service for any other purpose, or using any other method.
2. ADDITIONAL LICENSE LIMITATIONS.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service or any Game in violation of the License Limitations will be regarded as a breach of this Agreement and an infringement of Xcloudgame’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
1. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;
2. exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation: (a) using the Service at a cyber cafe, computer gaming center or any other commercial establishment without the express written consent of Xcloudgame, unless otherwise stated in a Game EULA; (b) communicate or facilitate any commercial advertisement or solicitation; (c) gather in-game currency, items or resources for sale outside the Game without Xcloudgame’s authorization; or (d) perform in-game services in exchange for payment outside the Game, e.g., power-leveling;
3. use the Service for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Xcloudgame’s prior written consent;
4. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Xcloudgame may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
5. modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Xcloudgame;
6. host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Xcloudgame in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;
7. facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; or (b) any connection using programs or tools not expressly approved by Xcloudgame; or
8. disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a “Server”); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
4. USE OF THE SERVICE BY MINORS.
5. ACCESSING THE SERVICE.
1. Account Eligibility.
You may establish an Account only if: (i) You are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) You are not an individual specifically prohibited by Xcloudgame from using the Service. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Xcloudgame becomes aware that you have registered an Account without meeting the foregoing requirements, Xcloudgame reserves the right to suspend, terminate and/or delete the Account.
2. Establishing an Account.
When creating or updating an Account on the Service, you are required to provide Xcloudgame with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. For certain Games, an unused authentication key provided to you by Xcloudgame will be required when adding a Game license to an Account. A Game license must be added to an Account before you can play that Game online, where applicable. You agree that you will supply accurate and complete information to Xcloudgame when requested, and that you will update that information promptly after it changes.
3. Username and Password.
During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Xcloudgame.
6. XCLOUDGAME.COM BALANCE.
1. As an active Account holder, you may participate in Xcloudgame’s Xcloudgame.com Balance service. Xcloudgame.com Balance can only be used to obtain certain products and services offered by Xcloudgame; it has no cash value. Xcloudgame grants you a limited license to acquire, use, and redeem Xcloudgame.com Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Xcloudgame.com Balance is non-transferable to another person or Account, does not accrue interest, is not insured by the Federal Deposit Insurance Corporation (FDIC), and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from Xcloudgame at any time. Xcloudgame.com Balance does not constitute a personal property right. Xcloudgame.com Balance is not a bank account.
2. Xcloudgame will not send you a statement of itemized transactions for your Xcloudgame.com Balance.
3. Sales tax may apply to your redemption of Xcloudgame.com Balance for Xcloudgame products or services in some jurisdictions. The amount of tax charged depends upon many factors, including the type of product or service purchased.
4. Xcloudgame reserves the right to reduce, liquidate, deactivate, suspend or terminate your Xcloudgame.com Balance, the Diablo III Real Money Auction House (the “Auction House”) or other Xcloudgame Games or Service features if Xcloudgame determines in its sole discretion, after investigation, that you have misused Xcloudgame.com Balance or have otherwise used Xcloudgame.com Balance to conduct any fraudulent or illegal activity.
5. You are responsible for all uses of your Xcloudgame.com Balance. If you suspect that your Xcloudgame.com Balance has been compromised, you should contact Xcloudgame Customer Service so that the matter can be investigated. Xcloudgame, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Xcloudgame has the information that Xcloudgame deems necessary to verify your claim, Xcloudgame will take actions to freeze your Xcloudgame.com Balance and will unfreeze your Xcloudgame.com Balance once Xcloudgame has returned control of your Xcloudgame.com Balance to you. Regardless of any actions Xcloudgame may take on your behalf, you acknowledge and agree that Xcloudgame has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
7. ACCOUNT SUSPENSION/CANCELLATION.
2. Software and Services.
In an effort to improve its products and services, Xcloudgame may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Xcloudgame may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you.
1. Game clients and Service.
The Game clients and the Service (including without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games, and the Game client and server software) are copyrighted works owned by Xcloudgame and its licensors. Xcloudgame reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. You agree that you will not create any work based on the Games or the Service except as expressly set forth by Xcloudgame in contest rules, Xcloudgame’s Fan Policies, which include without limitation Xcloudgame’s Video Policy and Fan Art Submission Policy, or a Game’s EULA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF XCLOUDGAME. Xcloudgame does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.
3. Virtual Items.
Xcloudgame owns, has licensed, or otherwise has rights to all of the content that appear in the Service or the Games. You agree that, except as set forth in a Game EULA, you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Xcloudgame does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in a Game, unless such transfer is made using a marketplace explicitly authorized or administered by Xcloudgame, including without limitation, the Diablo III Real Money Auction House.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your Xcloudgame.net Balance or charged to your credit card) until you cancel the subscription or the Account. Xcloudgame may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT XCLOUDGAME IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID TIME OR CREDIT LEFT ON YOUR XCLOUDGAME.COM BALANCE WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY LAW.
11. RESTRICTIONS AND CONDITIONS OF USE.
1. No Violation of Laws.
You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation.
2. Misuse of Service.
You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
3. No Data Mining.
You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Xcloudgame; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a Game client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
4. User Content.
“User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Xcloudgame a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, enter into computer memory, use, and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
5. Collection of Non-Personal Data.
Xcloudgame shall have the right to obtain data that cannot be used to identify you from your connection to the Service without any further notice to you. Certain Games playable on the Service include a tool that will allow your computer system to forward information to Xcloudgame in the event that the Game crashes. This tool will collect system and driver data from your computer system during the crash and forward a report containing that data to Xcloudgame.
6. Content Screening and Disclosure.
Xcloudgame does not, and cannot, pre-screen or monitor all User Content. However, Xcloudgame’s representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume any responsibility or liability for User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Xcloudgame policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone we believe may be threatened; or (e) to report a crime or other offensive behavior.
7. Real ID Friends Feature and Identity Disclosure.
The Service allows you to disclose your identity to other users of the Service through the “Real ID Friends” feature. If you use the Real ID Friends feature and opt-in to a request to be “Real ID Friends” with another user, that user will be able to see your real name. Certain features, such as the Xcloudgame.com Voice Chat Client, are only available between users of the Service who have opted in to the Real ID Friends feature. IF YOU OPT-IN TO THE REAL ID FRIENDS FEATURE, THOSE PEOPLE YOU DESIGNATE AS A “REAL ID FRIEND” WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER “REAL ID FRIENDS,” AND YOUR NAME WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR “REAL ID FRIENDS” HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real ID Friends feature at any time by deleting all Real ID Friends from your Account.
12. DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. XCLOUDGAME DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION.
1. XCLOUDGAME IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL XCLOUDGAME BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE XCLOUDGAME.COM BALANCE SERVICE, ANY GAME OR ANY GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF XCLOUDGAME EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Xcloudgame and its affiliates shall be limited to the fullest extent permitted by law.
2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH XCLOUDGAME IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
3. You agree to indemnify, defend and hold Xcloudgame harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service or any Game, or any breach by you of this Agreement, the Code of Conduct or any Game EULA.
14. DISCLOSURES; THIRD PARTY FEATURES.
Xcloudgame’s Games and the Service may incorporate third-party technology that enables advertising on Xcloudgame.com and/or in certain Games playable on Xcloudgame.com, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Xcloudgame and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
If you are a registered user of Facebook you may use your Facebook data to enable you to find your Facebook friends on the Service. Your Facebook account is subject to separate terms and conditions provided by Facebook. Note that if you have a Facebook account, your Facebook friends will be able to associate your screen name with your real name on the Service when they use the Facebook friends feature. You hereby acknowledge that Facebook is not responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by Facebook.
15. GOVERNING LAW.
1. Except as expressly provided otherwise, these TOU shall be governed by and construed under the laws of HK, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Addr: UNIT 04,7/F BRIGHT WAY TOWER NO.33 MONG KOK RD, KL, Hong Kong
Xcloudgame may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these TOU without Xcloudgame’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
3. Attorneys‘ Fees.
In the event any litigation is brought by either party in connection with these TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
4. Entire Agreement.
5. No Waiver.
Our failure to enforce any provision of this Agreement 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 us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this Agreement shall be in writing and addressed to: Xcloudgame Co. Limited.
7. Equitable Remedies.
You hereby agree that Xcloudgame would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these TOU, in addition to such other remedies as Xcloudgame may otherwise have available to it under applicable laws.
8. Force Majeure.
Xcloudgame shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Xcloudgame, including without limitation, 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.