Welcome to the [Trickstrom ] CLOSE BETA test, this EULA only applies to this CLOSE BETA test. Considering that the game content and gameplay of thIS test version may be different from such of the FINAL version, our relationship related to the FINAL version of our game shall be subject to the EULA in effect at the time of official release.
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, and 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 LEGAL GUARDIAN, as the case may be. If you have not attained the age of majority (the specific age may vary depending on the definition of "AGE OF MAJORITY" under the laws of your residing country) in your country of residence, especially if you are DEEMED AS A CHILDREN (under 16 years old IN CERTAIN COUNTRIES) IN YOUR COUNTRY OF RESIDENCE, 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, DO NOT INSTALL OR USE THE GAME. You are responsible for any Internet connection fees that you incur when USING AND PARTICIPATING.
This EULA is a legally binding agreement between [N2 PTE. LTD. ] ( “we”, “our”, or “us”) and you (“you” or “User”). This EULA together with the Privacy Policy which can be found on Privacy Policy (“Privacy Policy”), as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively “Terms”), govern your participation and use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Game”) and any other products, online services or websites (individually and collectively “Services”) currently offered or which will be offered by us or any of our subsidiaries and affiliates.
We reserve the right at any time and in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA. we will inform you about such revisions by email and/or by a notice on our official page and/or during you log in and/or other notification methods. Unless indicated otherwise, such revisions affecting existing Services shall be effective at the earlier of your acceptance, or immediate after posting. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with this EULA.
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:
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 such third parties are registered users of the Game) and for the employees and representatives of us. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use the Game.
Subject to the laws and regulations of different territories, we may restrict, modify, or limit your access to and use of certain content, Virtual Goods, an entire Game, or any or all of the Services, depending on the territory in which you are located. Without limiting the foregoing, content, Virtual Goods, entire Games, or the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply in your country.
we reserve the right to terminate this EULA and to prevent your use of any and all our Services if your access is used to engage in illegal activity, violates these rules of conduct, or otherwise any Terms. If your rights are violated by other users, we will assist you in providing the necessary materials to defend your rights.
You specifically agree that because this game is played by players from all over the world, and as an all-ages game, our users include minors and even children who, even though they have the protection of a guardian, may still be harmed by inappropriate comments, that you, as a member of the game community, have the same obligation to regulate your own speech and behavior, and that you specifically understand and agree that we will take any technological or contractually agreed upon measures to avoid such harm, which may include image and text filters, as well as account limitations and penalties.
Subject to all applicable laws, on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any) between you and us, we hereby grant to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use the Game and any Content therefrom for your individual, non-commercial, entertainment purposes only. The foregoing license is subject to the following: (1) you are current with your payment of all applicable fees for the use of the Game and our Services to which you have subscribed and (2) you comply with this EULA and the Privacy Policy, and you are not otherwise in breach of any Terms. 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 us or our licensors (collectively, “Software”). In such cases, we grant to you a non-exclusive, limited license to use Software solely for the purpose stated by us at the time the Software is made available to you. You may not sub-license, or charge others to use or access Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble, or make derivative works from Software. You may not modify Software or use it in any way not expressly authorized in writing by us. You understand that our introduction of various technologies may not be consistent across all platforms and that the performance of Software and related Services may vary depending on your Devices and other equipment.
This Section shall survive termination of this EULA.
Services and all title, ownership rights, intellectual property rights, neighboring rights and other rights and interests in and to the Game (including, without limitation, 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 us or our licensors and are protected by American, Singaporean and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or 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 in whole or in part. We reserve all rights in we owned and licensed Game and Services that are not expressly granted to you in this EULA or Terms. You acknowledge that we 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.
Unauthorized use of the Game in whole or in part by copying, modifying or otherwise, may immediately result in the termination of this EULA, prohibition on use of Services, further legal action and so on. All content owners may take criminal or civil action against you for unauthorized use of intellectual property.
We reserve the right to modify or discontinue the Game or any feature or portion thereof, temporarily, or permanently, without notice in the event of an emergency or if necessary upon reasonable prior notice. You agree that we will not be responsible or held liable for any modification, suspension or discontinuance of the Game or any part thereof.
The Game is currently in network test. The period of test during which you may access and use the Game is at the sole discretion of us ("Test Period").
we have the right to modify, restrict, suspend, terminate, or discontinue your access to the Game or any aspect of the Game at any time, including resetting your Game data without notice to you. Modifications may include automatic software updates, upgrades or removal of content and services, which may result in the loss of data, content, functionality, or utility of the Game.
IMPORTANT: The Game may contain defects, and the primary purpose of this test is for us to obtain feedbacks on the performance of the relevant Game and to identify defects therein. we have no obligation to provide technical support to you during the test and cannot guarantee that any specific errors or discrepancies in the Game will be corrected.
IMPORTANT: YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR LOSS OF DATA, CONTENT, FUNCTIONALITY, OR UTILITY OR FOR DAMAGES TO YOUR DEVICES, DATA AND/OR SOFTWARE HAPPEN DURING THE TEST. YOUR CRITICAL DATA, CONTENT HAS BEEN BACKED UP. YOUR ACCESS TO AND USE OF THE GAMES IS ENTIRELY AT YOUR OWN RISK.
You agree to cooperate with us with respect to your access to and use of the Games, including our requests for you to report errors and other problems you’ve encountered in the Games or any test related content to us.
IMPORTANT: CONSIDERING THAT THE GAME IS STILL IN CLOSE BETA, USE OF THE GAME AND ALL ELEMENTS THEREOF SHALL BE SUBJECT TO CONFIDENTIAL TREATMENT. "CONFIDENTIAL INFORMATION" MEANS ANY INFORMATION DISCLOSED BY US TO YOU, OR ACCESSED BY YOU, IN RELATION TO THE GAME (INCLUDING ANY FEEDBACK PROVIDED AND THE GAME ITSELF). YOU AGREE THAT YOU WILL NOT MAKE ANY PUBLIC ANNOUNCEMENTS RELATED TO THE GAME OR THE SERVICE, INCLUDING PUBLISHING OR DISCLOSING ANY INFORMATION (E.G. SCREENSHOTS AND SPECIFICATIONS) RELATING TO THE GAME, WITHOUT OUR PRIOR WRITTEN APPROVAL, WHICH WE MAY GRANT OR WITHHOLD IN OUR SOLE DISCRETION.
This Section shall survive termination of this EULA.
The Game may sell the game service in the form of Virtual Goods (referred to in this agreement as “Virtual Goods”) from time to time. Virtual Goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens, and currency for use in the Game.
You can obtain different Virtual Goods in various ways in the Game, and we may allow you to “purchase” some Virtual Goods with “real money” or virtual currencies (include any type of digital currency). Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods are licensed to you, not sold. You do not have any real-world property rights to 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, except as otherwise required by applicable laws.
To keep the normal update and operation of the Game and maintain a fair environment in the Game and other purposes, we have the complete right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and we shall have no liability to you or anyone else for these actions.
In the Game settings, Virtual Goods have no value in exchange for any real-world currency or property, and to maintain a fair environment in the Game, 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 Terms or otherwise permitted in the gameplay.
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 us at any time, except as otherwise required by applicable laws.
We reserve the right to modify the price for Virtual Goods and other conditions to obtain Virtual Goods, the conditions to obtain Virtual Goods in the game are not fixed.
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 and the need for game design.
All the information collected from you is subject to CCOPA, CCPA (if California Residents), and all applicable laws and we shall make our best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continuous use of the Services shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, user has the right to request modification or deletion of your personal data after passing our review process in a required proper manner. Please see Privacy Policy for more information regarding to the collection and use of your information.
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 us (or its licensors) may terminate this EULA at any time for any reason or for no reason. Termination by us will be effective upon notice to you, mainly includes the following situations：
(i) termination or deletion of your Account resulting from your violation of our rules of conduct;
(ii) closure of this Network Test;
(iii) our decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in our sole discretion.
You may terminate this EULA (and consequently, your Account (if any)) at any time by notifying us at [[email protected] ]. 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 Terms.
This Section shall survive termination of this EULA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER SERVICE, SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, SERVICES, SOFTWARE, CONTENT, OUR 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. WE PROVIDE THE GAME AND SERVICES ON A COMMERCIALLY AND TECHNOLOGICALLY REASONABLE BASIS AND We will do our best to continuously maintain and improve our services with the help of you and our partners, but WE CAN NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED immediately, OR THAT THE 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 US OR OUR LICENSORS IS TO STOP USING THE GAME AND ANY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT US, OUR 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 SERVICES OR USE OF SOFTWARE. IN NO CASE SHALL WE OR OUR LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO US FOR SERVICES. IN NO CASE SHALL WE OR AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF SERVICES, SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Upon our request, you agree to defend, indemnify and hold harmless us and affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from your access or use of the Services, your violation of any applicable laws or third party’s rights and interests, a breach of this EULA, or any other Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold us harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to us, our 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.
we reserve 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 us in that matter.
IMPORTANT: WE MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND 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”. WE RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
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.
You hereby acknowledge and agree that we would suffer irreparable harm if this EULA or any of the Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that we 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 Terms.
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other Terms (“Dispute”), you agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. We 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 us via email to [ [email protected]].
If we are unable to resolve a Dispute through informal negotiations, either you or us may elect to have the Dispute finally and exclusively resolved by arbitration at Singapore International Arbitration Centre(“SIAC”) in Singapore, in accordance with Arbitration Rules of SIAC excluding its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
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, this EULA and any other Terms, including our enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
If any part of this EULA or the 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 us, and the remaining portions shall remain in full force and effect.
we 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 our prior written consent, and any unauthorized assignment by you shall be null and void. Notwithstanding the foregoing, we shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of our rights or obligations under this Agreement.
The failure of us (or our licensors) to exercise or enforce any right or provision of this EULA or any 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 us (or our licensors) of any provision, condition or requirement of this EULA or any Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
H. Force Majeure.
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of us, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond our 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.
I. Entire Agreement.
This EULA, the Privacy Policy, and any other Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and us relating to your rights and obligations in the use of the Game and the Services. If there is any conflict between this EULA, the Privacy Policy, and any other Terms, we shall resolve the conflict in our sole discretion.
For any questions concerning this EULA, you may contact us at the following address: 【 [email protected]】.
Date of Last Revision: