Effective Date: June 19, 2019
These terms of service (the “Terms”) set out the terms and conditions by which YaoGuaiDiDi Game Studio Games offers you access to use and enjoy our games, apps, websites and other services (the “YaoGuaiDiDi Game Studio Services”). When we say “YaoGuaiDiDi Game Studio Games,” we’re referring to the YaoGuaiDiDi Game Studio Games entity responsible for providing the YaoGuaiDiDi Game Studio Services in your region, and these Terms are an agreement between you and that entity.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant YaoGuaiDiDi Game Studio policies, YaoGuaiDiDi Game Studio grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. 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 YaoGuaiDiDi Game Studio and modify your Login Information. You are solely 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. You are responsible for anything that happens through your Account.
YaoGuaiDiDi Game Studio reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
The Service supports only one Account per game on a supported device.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
YaoGuaiDiDi Game Studio reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. YaoGuaiDiDi Game Studio reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, YaoGuaiDiDi Game Studio MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR YaoGuaiDiDi Game Studio SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND YaoGuaiDiDi Game Studio IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
YaoGuaiDiDi Game Studio reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, YaoGuaiDiDi Game Studio shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service
. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2.1. Intellectual Property Right
All rights, title and interest in and to the Service (including without limitation any games, 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 of games played using a YaoGuaiDiDi Game Studio game client, and the YaoGuaiDiDi Game Studio game clients and server software) are owned by YaoGuaiDiDi Game Studio. YaoGuaiDiDi Game Studio reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
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 YaoGuaiDiDi Game Studio.
2.3. Virtual Items
YaoGuaiDiDi Game Studio owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in YaoGuaiDiDi Game Studio games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any YaoGuaiDiDi Game Studio game, whether earned in a game or purchased from YaoGuaiDiDi Game Studio, or any other attributes associated with an Account or stored on the Service.
2.4. Maintenance and Support
Apple has no obligation to provide maintenance or support service for athorized apps.
3. Third party
3.1. Third Party Terms of Agreement
You shall comply with applicable third-party terms of agreement when you use App "YaoGuaiDiDi Game Studio". For example, if you have a VolP app, then the End-User shall not violate their wireless data service agreement when use your App.
3.2. Third Party Beneficiary
You shall acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon the End-User's acceptance of the terms and conditions of the agreement,Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
4. Fees and Purchase Terms
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in YaoGuaiDiDi Game Studio games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
YaoGuaiDiDi Game Studio may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. YaoGuaiDiDi Game Studio shall have no liability to you or any third party in the event that YaoGuaiDiDi Game Studio exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to YaoGuaiDiDi Game Studio, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in YaoGuaiDiDi Game Studio games is a service provided by YaoGuaiDiDi Game Studio that commences immediately upon acceptance by YaoGuaiDiDi Game Studio of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YaoGuaiDiDi Game Studio may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT YaoGuaiDiDi Game Studio IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Legal Compliance
You shall ensure that you are not in the country/area which is embargoed by US government or is designated as "terrorist-supported" and you are not banned or restricted by US government.
6. Disclaimer of Warranties
WITHOUT LIMITING YaoGuaiDiDi Game Studio'S LIABILITY UNDER SECTION 7 BELOW, 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, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YaoGuaiDiDi Game Studio 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 OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YaoGuaiDiDi Game Studio SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YaoGuaiDiDi Game Studio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YaoGuaiDiDi Game Studio SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO YaoGuaiDiDi Game Studio IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO YaoGuaiDiDi Game Studio DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND YaoGuaiDiDi Game Studio'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH YaoGuaiDiDi Game Studio IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF YaoGuaiDiDi Game Studio OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF YaoGuaiDiDi Game Studio.
You agree to indemnify, defend and hold YaoGuaiDiDi Game Studio (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
9. General Provisions
9.2. Supplemental Policies
YaoGuaiDiDi Game Studio may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
9.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by YaoGuaiDiDi Game Studio shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of YaoGuaiDiDi Game Studio.
9.5. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to YaoGuaiDiDi Game Studio are of a unique and irreplaceable nature, the loss of which shall irreparably harm YaoGuaiDiDi Game Studio and which cannot be replaced by monetary damages alone so that YaoGuaiDiDi Game Studio shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any YaoGuaiDiDi Game Studio game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
9.6. Force Majeure
YaoGuaiDiDi Game Studio shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of YaoGuaiDiDi Game Studio, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond YaoGuaiDiDi Game Studio'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.
If you have any questions or requests about our App when you use it, please contact us at following address: firstname.lastname@example.org as soon as possible.