Terms of Service

The Terms of Service (the "Terms" or "Agreement") are a legally binding agreement between our company and its Affiliates (collectively, "Kunpo games", "we" or "us" or "our") and you ("You" or "Your") with respect to your use of or access to Kunpo games' mobile or web applications, games, websites, and/or any other services owned, operated and published by Kunpo games (collectively, the "Services"). Affiliates shall mean subsidiaries, parent companies, joint ventures and other organizations or entities under common ownership with our company.

In addition to this Agreement, the Kunpo games privacy policy (the "Privacy Policy") applies to your use of or access to the Services, and you should review it prior to any use of or access to the Services. BY INSTALLING, USING OR OTHERWISE ACCESSING ANY SERVICE, YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND THE PRIVACY POLICY. Your use of or access to the Services is strictly subject to these Terms as may be updated from time to time.

1. Change To The Terms And Services

Kunpo games reserves the right, at its sole discretion, to change, modify the Terms, its Privacy Policy and other relevant Kunpo games policies, at any time and from time to time by posting the amended terms, policies or rules on the Kunpo games Services. Kunpo games may use reasonable commercial efforts to provide notice of material changes to you. Your continued use of the Services following the posting of such changes constitutes your acceptance of the revised terms, policies or rules. If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy, or any other Kunpo games policies, or other codes of conduct relating to your use of or access to the Services, your only recourse is to discontinue your use of the Services. You agree that Kunpo games may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

2. Right To Use The Services

Subject to your continuous compliance with the Terms, the Privacy Policy, or any other Kunpo games policies, or other codes of conduct, Kunpo games grants to you a non-exclusive, personal, worldwide, non-transferable, non-sub-licensable and revocable limited license to access and use the Services solely for your own non-commercial entertainment purposes by accessing the Services through a web browser or mobile device. You can't access to the Services or our products without connecting to the internet and our servers. You explicitly agree that you will not use the Services for any other purpose other than as provided for by these Terms. You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract source code of the Services or to allow or assist anyone else to do so.

Kunpo games expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that Kunpo games may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.

For certain specific game users who may be subject to applicable laws and regulations, you hereby expressly agree that we will verify your personal information (including but not limited to your name, residential address, date of birth, ID card number, nationality, and passport number) in accordance with the laws and regulations of different release regions. We may also determine your geographical location through a location-based tracking function to confirm the legality of your use of or access to this Service.

You represent that you are of legal age in the jurisdiction where you reside or from where you are accessing or using the Services, that you are of sound mind and capable of taking responsibility for your own actions. You represent that all details provided by you to Kunpo games at any time are true, current, correct, complete, and not misleading.

3. Account With Kunpo games

You are required to register and establish an account in order to use the Services. You agree to provide accurate and complete registration information, and you will be responsible for keeping your password confidential.

Your account is unique to you, and you may neither transfer (or otherwise make available) your account to others, nor use anyone else's account at any time. If you distribute your account or related information, Kunpo games reserves all rights to terminate your account immediately and without refund.

You shall not create an account using false identity or information, or on behalf of someone other than yourself.

You are responsible for maintaining the confidentiality of your account information (including usernames, passwords and billing information). Kunpo games is not liable for any loss that you may incur as a result of someone else using your account, whether or not that activity is authorized by you.

You are liable for any losses or damages incurred by Kunpo games or any third party as a result of someone else using your account. In the event of theft, unauthorized use, or any other breach of security on your account, you must notify Kunpo games in writing immediately.

4. Intellectual Property/Ownership

All materials that are part of the Services (including, but not limited to, games, applications, code, themes, maps, character, stories, concept, animation, artwork, effect, methods of operation, transcript, designs, text, graphics, pictures, video, information, applications, software, music, brand, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Services are copyrighted under the China copyright laws and/or similar laws of other jurisdictions.

You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Kunpo games' express prior written permission.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHOULD 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 SHOULD FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Kunpo games OR ITS ASSIGNEES.

5. User Content

Any communications, comments, chats, sounds and images, and all the material, data, text, graphics, photographs and their selection and arrangement uploaded to the Services ("User Content") are subject, whether in whole or in part, to unlimited commercial, worldwide, non-commercial and/or promotional use by Kunpo games.

You hereby grant Kunpo games and its affiliates a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof.

By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is contained in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code.

6. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Service and/or Kunpo games' games. Kunpo games reserves the right, but has no obligation, to become involved in any way with disputes between users. You will fully cooperate with Kunpo games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Kunpo games access to any password-protected portions of your account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7. Virtual Currencies/Goods

The Services may include an opportunity to earn and purchase virtual, in-game currency, including but not limited to virtual coins, points and credits (collectively, "Virtual Currency") that may require you to pay a fee using lawful currency or "real money" to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (collectively, "Virtual Goods") that may be purchased from Kunpo games with "real money" or with Virtual Currency.

You acknowledge and agree that Virtual Currency and Virtual Goods are for use in the Services only and can never be redeemed for "real money", lawful currency, goods, or any other item of monetary value from Kunpo games or any other party.

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, or transferable, unless required by law. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside of the Services. These transfers are strictly prohibited, and we shall not be liable for any claims or damages suffered by the users with respect to Virtual Currency or Virtual Goods purchased or obtained from any third party.

8. Updates to the Service

You understand that each Service is an evolving one. Kunpo games may require that you accept updates to the Services and to Kunpo games' games that you may have installed on your device or computer. You acknowledge and agree that Kunpo games may update the Services and Kunpo games' games, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play Kunpo games' games.

9. Rules of Conduct/Usage

YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICE.

The Services may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other users of the Services. Kunpo games has no obligation to monitor these Communication Channels, but Kunpo games may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion.

You agree that your use of the Services shall be lawful at all times and that you will fully comply with the usage rules in all respects. In furtherance of the foregoing, you agree not to use the Services in order to:

• Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
• Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
• Upload or transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data;
• Violate the contractual, personal, intellectual property or other rights of any party;
• Attempt to obtain passwords or other private information from other members;
• Improperly use support channels or complaint buttons to make false reports;
• Develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software;
• Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
• Violate any applicable laws or regulations.

Users may report objectionable user generated content ("UGC") to us at support@kunpo.cc and we reserve the right to take action against that UGC where appropriate.

10. Privacy and Protection of Personal Information

You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.

Information collected from you is subject to the pertinent SNS's policy. By using the Services, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Kunpo games. You also grant Kunpo games access to your friend lists on the SNS to establish social connections in the Services. Please see our Privacy Policy for more information on the collection and use of your information.

11. Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES SHALL BE AT YOUR SOLE RISK, AND THAT Kunpo games PROVIDES THE SERVICES ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Kunpo games, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS OF THE SERVICES, OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS.

Kunpo games makes no warranties or representations about the accuracy of any information, reliability of the materials, the full functionality of the Services or as to results or completeness of the content of the Services or of the content of any sites linked to the Services.

12. Limitation of Liability

You acknowledge and agree that you are free to choose whether to use the Services and do so at your sole option, discretion, and risk.

Kunpo games DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT Kunpo games WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY SPECIFIC GEOGRAPHIC AREA.

WITH THE SOLE EXCEPTIONS IDENTIFIED HEREIN, UNDER NO CIRCUMSTANCES WILL YOUR LIABILITY OR THE AGGREGATE LIABILITY OF Kunpo games' AND ITS AFFILIATES BE MORE THAN THE ACTUAL AMOUNT YOU HAVE PAID TO Kunpo games FOR USE OF THE SERVICES.

IN NO EVENT SHALL Kunpo games OR ANY THIRD PARTY SERVICE PROVIDER OR THIRD PARTY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY BEYOND THE AMOUNT YOU HAVE PAID TO Kunpo games FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER PECUNIARY OR CONSEQUENTIAL LOSSES.

13. Indemnification by You

You agree to defend, fully indemnify and hold Kunpo games, third party service providers and licensors, and their respective officers, directors, agents, and employees (the "Indemnified Parties") harmless from and against any and all claim, liability, loss, injury, damage, cost, or expense, or any other charges whatsoever, however caused, including attorneys' fees and costs, incurred by any Indemnified Party, arising out of or resulting from your access or use of the Services including, but not limited to, your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms.

14. Limitations Period for Claims

NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ACCOUNT(S), USE OF THE SERVICES, THESE TERMS, THE PRIVACY POLICY, AND/OR ANY RELATED MATTER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES (AND RECOVERY SHALL BE LIMITED TO THAT ONE-YEAR PERIOD). OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. Severability

You and Kunpo games agree that if any portion of these Terms of Service or of the Kunpo games Privacy Policy is found illegal or unenforceable, in whole or in part by any court or tribunal of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

16. No Waiver

The failure of Kunpo games to require or enforce strict performance by you of any provision of these Terms or the Kunpo games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Kunpo games' right to assert or rely upon any such provision or right in that or any other instance.

Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Kunpo games shall be deemed a modification of these Terms nor deemed legally binding, unless documented in physical writing, hand signed by you and a duly appointed representative of Kunpo games.

17. Notices

We may notify you via postings on kunpo.cc/, or via e-mail or any other communications means to contact you. Except as specified in Section 20, all notices given by you or required from you under these Terms or the Kunpo games Privacy Policy shall be sent to support@kunpo.cc.

18. Governing Laws

If You reside in the United States or assert a Dispute arising under or related to United States federal law, state law, or local law, the relationship between the parties as well as any Dispute, shall be governed by, and interpreted in accordance with, the laws of California, without regard to principles of conflict of laws and regardless of your location. Otherwise, the relationship between the parties as well as any Dispute shall be governed by, and interpreted in accordance with, the laws of China, without regard to principles of conflict of laws and regardless of your location.

19. Dispute Resolution—If You live in the United States

PLEASE READ THIS DISPUTE RESOLUTION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

If you live in the United States, you and Kunpo games agree that all Disputes between you and Kunpo games will be settled by binding arbitration, unless otherwise provided herein.

a. Purpose & Disputes Covered

This Provision facilitates the prompt and efficient resolution of any Disputes that may arise between Kunpo games and you or anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you.

b. Agreement to Arbitrate / Waiver of Right to Jury Trial

YOU AND Kunpo games EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, OR MASS OR COLLECTIVE ACTION.

c. Class Action Waiver

YOU AND Kunpo games AGREE THAT YOU AND Kunpo games MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS ("CLASS ACTION WAIVER").

d. Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you and Kunpo games shall try to resolve the Dispute informally for at least 45 days before initiating arbitration or court proceedings.

e. Exclusions from Arbitration/Right to Opt-Out

YOU MAY OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT. To opt-out, you must provide written notification to: Kunpo games, 447 Sutter St, Ste 405 # 329, San Francisco, CA 94108.

f. Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above, you and Kunpo games agree to resolve all Disputes by binding arbitration. The arbitration shall be administered by JAMS in accordance with JAMS Comprehensive Arbitration Rules & Procedures.

20. Dispute Resolution—If You live in a country other than the United States

PLEASE READ THIS ACTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

If a Dispute arises between you and Kunpo games, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at support@kunpo.cc.

Any Dispute between you and Kunpo games that arises in whole or in part from your use of or access to the Services shall be referred to and finally resolved by arbitration administered by the China International Arbitration Center in accordance with the Arbitration Rules of the SIAC for the time being in force. The seat of the arbitration shall be China.

YOU ACKNOWLEDGE AND AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR Kunpo games WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

21. Litigation, jurisdiction, and venue

If you reside in the United States or you initiate a Dispute in any way arising under or related to the federal, state, or local laws of the United States, or any subdivision thereof, to the extent these Terms allow you or Kunpo games to initiate litigation in a court, other than for small claims court actions, you and Kunpo games agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California.

22. California Consumer Notice

Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: Services are provided by Kunpo games. If you have a question or complaint regarding the Service, you may contact us at support@kunpo.cc.

23. Force Majeure

Kunpo games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kunpo games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kunpo games' 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.

24. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including but not limited to the Kunpo games Privacy Policy), contain the entire understanding of you and Kunpo games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof. You confirm that, in agreeing to accept this Agreement, you have not relied on any representations other than those in this Agreement (if any) and the Privacy Policy.

25. Assignment

Kunpo games reserves the right to assign, transfer, sublicense, pledge or delegate these Terms of Service and/or the Kunpo games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer, sublicense, pledge or delegate any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Kunpo games.

26. General

• Nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
• Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Kunpo games.
• Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of Kunpo games.
• By using the Services, you agree to comply in full with all applicable tax laws, and hereby release Kunpo games from any and all liability associated with your compliance with any applicable tax laws.
• This Agreement has been drafted in the Chinese language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the Chinese language version, the meaning of the Chinese language version shall prevail.