LAST UPDATED: 【 March 29th 2024 】
EFFECTIVE DATE: 【 March 29th 2024 】
Preamble and Important Tips
Welcome to using ColorBANG (hereinafter referred to as “this game”) and related services!
ColorBANG and related services (hereinafter collectively referred to as “this service” or “our service”) are provided by N2 PTE. LTD. and its affiliates (hereinafter referred to as “we”). They also apply to your use, access, or browsing of other games, websites, customer services provided by us and services provided by third parties authorized by us.
If you wish to use this service, you should read, agree to, and comply with the “ColorBANG User Service Agreement” (hereinafter referred to as “this Agreement”). By clicking agree, accept, next, or any equivalent term, or by registering, logging in, using the service, you are deemed to have read and agreed to all the terms of this Agreement, and this Agreement will take effect. If you do not agree to any content of this Agreement, or cannot understand any term of this Agreement accurately, please do not proceed with any further operations, and stop using any service.
To safeguard your legal rights, please carefully read and fully understand all the contents of this Agreement, especially the clauses that exempt or limit our liability, restrict your rights, the terms of law application and dispute resolution, and any separate agreements related to the activation or use of a specific service. The aforementioned provisions are typically highlighted in bold, color-coded, or by other reasonable means to draw your attention. Your acknowledgment of these provisions may result in you undertaking additional contractual obligations in specific situations.
Age/Behavioral Capacity Tips
According to the laws of your country or region of residence, you confirm that you are a natural person with full capacity for civil rights and actions, or have the legal capacity to sign and abide by this Agreement, and you are responsible for all your actions related to using our services.
If you are a child (specific age determined according to the laws of your country or region of residence) or a person without the capacity for civil conduct, you should present this Agreement to your parents (or guardians) for their judgment and confirmation of acceptance of this Agreement. If the laws of your country or region of residence prohibit you from using the services we provide, you must not create an account for this game;
If your age has exceeded the specific age of a child defined by the laws of your country or region, but you are still a minor (specific age determined according to the laws of your country or region for the definition of “majority”) or cannot independently bear legal responsibility, you must read this Agreement in the presence of your parents (or guardians) and can only use our services after obtaining their consent to all the terms of this Agreement. The same requirements apply to all modifications or updates to this Agreement.
Testing Version Notice
You acknowledge and agree that the version being used is a testing version. We will strive to provide a good experience, but we cannot guarantee that the service of the testing version will work properly in any situation and may disrupt the normal operation of other parts of the system. Therefore, you acknowledge and agree to the following terms:
(a)During the testing period, we may delete or modify content, files, and data related to this game at any time for any reason. Unless specifically stated, game progress during the testing period will generally be removed after testing and cannot be used in the official version;
(b)We may terminate testing at any time, which may render your testing version unusable or unable to operate normally. Upon termination of the testing version, you must delete the local testing instance on your computer, as well as any files and data related to the testing version that you have received.
(c)Important information, data, and material stored on your system have been backed up.
(d)Unless specifically notified by us, the testing shall be deemed as confidential, and you agree to keep confidential all content and information you can access or obtain during the testing, including but not limited to information or content related to “game content such as story, graphics, gameplay, etc.,” “testing scope and method,” or “testing activities themselves.” You agree and acknowledge that during the confidential testing phase, any videos that you livestream, record, and upload without our written authorization will constitute a breach and infringement. We reserve the right to pursue corresponding legal liabilities, and your account may be subject to suspension depending on the circumstances.
(e)The game graphics, gameplay, and plot during the testing phase do not represent the quality upon official launch. We welcome your feedback during the testing period regarding further development of the game, and we are willing to collaborate with you and the entire player community to enhance our gaming experience.
Terms Application
We may revise the terms of this Agreement from time to time, and once the revised terms are published, they will replace the original terms of the agreement. You can review the latest version of the agreement terms on our website. Please carefully read the changed agreement terms and if you do not agree with the changes, you should immediately stop using the service. If you continue to use the service, it means you have accepted the revised agreement text and are bound by it.
If you have downloaded this game or related services from GOOGLEPLAY, the policies of GOOGLEPLAY may affect the details regarding refunds and liability. Additionally, if you choose a third-party payment channel in this game or related services, you acknowledge that your refund policy may also be subject to the policies of the third-party payment channel.
If you have any questions about this agreement or related matters, you can contact us through the “Contact Us” section of this agreement, and we will respond to you as soon as possible.
2.1 Registration
2.2 Use and Management
2.3 Account Cancellation
2.4 Virtual Products
Considering the possibility of minors encountering this product, and to fulfill our social responsibility and obligations to protect minors, you fully understand and agree that the following terms may prompt and require you to be more attentive in your behavior. You must adhere to these norms and accept any user behavior regulations and measures that we continually delete or add to optimize the good community atmosphere in the game.
3.1 You fully understand and agree that you are responsible for all actions taken under your account, including any content you post and any subsequent consequences. Unless otherwise provided by law, any legal actions taken by you when registering an account are presumed to be your own legal actions.
3.2 You are only allowed to use this service in accordance with the provisions of this Agreement. When using this service, you must not infringe upon our legitimate rights or the legitimate rights of any third party.
3.3 You cannot, either by yourself or persuading others, employ means such as defamation, slander, ridicule, mockery, deception, fraud, concealment, coercion, threat, harassment, intimidation, abuse, stalking, compulsion, or any form of mental or physical abuse and bullying against others, or treat any gender, race, ethnicity, or religion in a discriminatory, offensive, or abhorrent manner.
3.4 Without legal permission or our prior written consent, you are not allowed to engage in the following activities:
3.5 You understand and agree that if, upon investigation and our judgment, your behavior or content posted violates laws and regulations, this Agreement, and/or other agreements, and rules we have issued, or in accordance with legal requirements by regulatory authorities, we may take one or more of the following measures (specific measures and the duration of the measures taken will be determined by us based on the specific circumstances of your violation):
3.6 If you violate any provisions of this Agreement, we have the right to take one or more of the measures specified in Section 3.5 of this Agreement and may disclose the processing results. Additionally, we have the right to demand compensation for all losses caused by your breach.
3.7 You fully understand and agree that we have the right to, based on reasonable judgment, take appropriate legal actions against any users who violate relevant laws, regulations, or the provisions of this Agreement and preserve related information for reporting to relevant departments. Users are solely responsible for any legal liability resulting from such actions.
3.8 You fully understand and agree that if you violate any provisions of this Agreement or related service terms, and as a result, any third party makes any claims, demands, or experiences losses, you shall bear the responsibility independently. You should also compensate us for any losses suffered as a result.
3.9 You should avoid involving us in political and public events through your use of our services. If you do so, we have the right to suspend or terminate your services. We also have the right to immediately suspend or terminate all services to all ColorBANG accounts registered by you, and you should bear all responsibilities for this.
4.1 All the copyrights, trademarks, patents, commercialization rights, trade secrets, and other legitimate rights and interests of the content in this game and other services we provide (including but not limited to software, technology, programs, web pages, text, images, graphics, audio, video, layouts, continuous dynamic screen presentations of product operations) and all information content related to us (including text, images, audio, video, graphics, interface design, layout framework, relevant data, or electronic documents, etc.) are protected under the corresponding international treaties. We have all ownership, intellectual property rights, and other legitimate rights and interests in the aforementioned content, except for the rights that related right holders should enjoy in accordance with the law. Without our prior written consent, you may not use our services in any way outside the usage methods stipulated in this Agreement.
4.2 We provide technical support for the development and operation of this service, and we have all rights to the data and information generated in the development and operation of this service and other services we provide. You acknowledge that your use of our services does not grant you any rights or benefits in any aspect or function, including but not limited to (if applicable) any in-game rewards, achievements, characters, virtual currency, levels, and other content. You understand that we may, in accordance with legal provisions and the terms of this Agreement, independently decide to stop providing you with any character data, game progress, game customization, and/or other data related to your use of our services without further notice.
4.3 You specifically agree and confirm that without our permission, you may not directly or indirectly run our games through any unauthorized third-party “cloud computing” services or “cloud gaming” services, or transmit unauthorized streaming media or game content from a third-party server to any device through any software or service.
4.4 In the process of using our services, you may upload, use, or disseminate content that you or third parties own intellectual property rights to. We respect these intellectual property rights, but you must ensure that you have obtained the legal authorization of the relevant rights holders before uploading or publishing such content, and such authorization does not conflict with your obligations under this agreement. You hereby grant us a global, perpetual, irrevocable, free, and sublicensable license to use, modify, reproduce, translate, publish, distribute, alter, release, issue, publish, link, publicly perform, test, publicly transmit, distribute, promote independently or jointly with partners, or use your uploaded or published content (including but not limited to text, images, music, performances, and audiovisual works) in any way permitted by law. If we receive an appropriate notice from a copyright owner or their legal representative and upon review, we have the right to remove content that violates the intellectual property rights of others and require you to bear the corresponding legal responsibility.
4.5 This Agreement does not include any implied authorizations. Unless this Agreement clearly grants you such rights, you do not have any rights or interests due to the use of our services.
4.6 You specifically acknowledge and agree that, under no circumstances, unless we have obtained your written permission, you are not authorized to use our games, services, or any content obtained from our community (including unauthorized third-party content) for any form of artificial intelligence model training or content creation based on artificial intelligence generation technology. We reserve the right to pursue civil and criminal liability for such behavior. If any of the aforementioned actions are verified by investigation, your account and related services will be immediately terminated indefinitely.
5.1 Regarding the content related to our games or services that you create, produce, upload, or publish on the services provided by us or third-party communities, forums, web pages, and applications (referred to as “UGC Content”), you must ensure compliance with our relevant rules for publishing UGC content ("UGC Content Rules”).
5.2 Our services and games may involve third-party intellectual property rights, and if such third parties have requirements for your use of the intellectual property under Section 5.1 of this Agreement, we will inform you of such requirements in an appropriate manner, and you should comply with them.
5.3 You specifically understand and agree that, given the limitations of licenses and copyrights that may arise from using AI tools for content creation, the ownership and scope of UGC content created using AI tools (AIGC) may be subject to restrictions based on the applicable criteria and conflict norms as determined by the AI tool provider. Under these limitations, if we have data processing rights, we may independently or through cooperation with other third-party platforms modify or delete the content you submit.
6.1 You agree and authorize us to collect and use your user information based on legal, legitimate, and necessary principles for the fulfillment of this agreement, the provision, maintenance, or improvement of our services, or other purposes explicitly specified in this agreement and requiring your consent. This may include information provided during real-name registration, game data associated with your account, and other information that you provide to us during the use of our services for security, user experience optimization, and other considerations. Our collection of your user information will adhere to the provisions of this agreement, relevant laws, and the privacy policy.
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6.2 You fully understand and agree that we or third parties with whom we cooperate may use your user information to provide various types of information related to our games, such as promotional information and information about game activities, through various means such as SMS, phone calls, and emails.
6.3 For the better provision of game services and improved gaming experience, we may use unique identifiers, nicknames associated with your gaming account, other authorized information, and information related to your operations and game activities (referred to as “such information”) to enhance your gaming experience and may display this information to you, other users, or friends.
6.4 You should not collect, copy, store, transmit, or use the personal information of other users in any way. Any consequences resulting from such actions will be your responsibility.
6.5 Protecting user information and privacy is one of our fundamental principles. In addition to the provisions of this agreement, our game services’ collection, use, and protection of user information will adhere to agreements such as the “ Privacy Policy.”Unless otherwise specified by law, if you have consented to or authorized us to collect, use, or process your personal information according to the aforementioned agreements or provisions, the withdrawal of such consent or authorization will not affect the collection, use, or processing of personal information that has occurred prior to the withdrawal based on your prior consent or authorization.
6.6 The retention period for user purchase records of game virtual currency will comply with the relevant laws and regulations of the issuing country or region. The retention period for other game data will be determined by us, except where otherwise provided by law and regulation.
7.1 You and your guardian (if you are a minor) have specifically noted and agreed to the special provisions regarding the use of minors in this agreement. If there are changes in laws and regulations related to the age and rights of minors in your country or region, your rights will correspondingly change.
7.2 You are aware and agree that parents (or guardians) of minor users have a legal obligation to manage and supervise their use of the services and bear the corresponding responsibilities. If you fail to comply with the relevant identity verification obligations, it constitutes fraud against us, and we reserve the right to pursue legal responsibility against you. Any losses arising from this will be borne by you or your parents (or guardians).
7.3 You are aware and agree that to protect users, especially those involving the identity of minors, refunds based on actual usage and expenditure by adult users or guardians of minor users should be supported by sufficient evidence, such as identification of the guardian and the user, and proof of the relationship between the guardian and the minor. Before completing the identity verification, we will not implement any refund measures. In the event of a refund based on legal provisions, you agree to fulfill necessary verification and communication obligations according to our processes and requirements and sign relevant commitments as evidence of your application when we deem it necessary.
7.4 If you encounter any behavior by other users that infringes on the rights of minors while using our products, you should immediately contact our minor protection officer. The contact details are as follows: Email: [[email protected]]
8.1 Suspension and Termination of User Services
8.2 Interruption, Suspension, and Termination of Server Operations
8.3 We reserve the right to completely terminate or partially terminate the provision of our services in circumstances we consider necessary, and will make an announcement before the termination in accordance with the laws of the issuing country or region. Regardless of the reason for the termination of the service, users should take appropriate measures, including but not limited to canceling or discontinuing the use of accounts and handling game virtual items matters themselves. Users are not entitled to demand from us any form of compensation or liability except for unused game virtual currency that has already been purchased. This includes but is not limited to compensation claims for not being able to continue using user accounts or game virtual items.
9.1 Our services are provided to you “as is,” and we do not guarantee that our services are free of errors, will not be interrupted, that all defects have been corrected, or that the services will not be damaged by viruses or any other factors. Unless provided by law, we expressly declare that we do not bear any express or implied warranty liability, including but not limited to the performance, applicability, or non-infringement of our services.
9.2 Under any circumstances, we do not assume any liability for losses incurred by you during the use of our services as a result of force majeure. Force majeure in this agreement includes natural disasters, changes in laws or regulations or government directives, inherent network service features, such as domestic and overseas basic telecommunications operator failures, computer, terminal equipment, or internet-related technical defects, limited internet coverage, computer terminal equipment viruses, hacker attacks, or other unforeseeable, unavoidable, and insurmountable objective circumstances within the legal scope.
9.3 We may independently decide to change, terminate, or suspend your use of any of our services at any time without prior notice, except as required by law or regulation or agreed upon between us. If your actions violate the provisions of laws and regulations or this agreement, we have the right to terminate or suspend any services at our discretion, without assuming any responsibility toward you, and have the right to request you to assume corresponding responsibilities.
9.4 Due to the complexity of the network environment, our services may result in abnormal account data for your game characters, game items, game equipment, and game currency due to bugs, version update defects, third-party virus attacks, or any other factors. Until the cause of the data abnormality is identified, we have the right to temporarily freeze the account or several game characters associated with the account. If the data abnormality is determined to be a result of non-standard game behavior, we have the right to restore the account data to its original state before the abnormality occurred (including but not limited to retrieving transferred data from third parties), and we are not liable to you. If the data abnormality is due to your illegal or non-compliant behavior or violation of the provisions of this agreement, we have the right to take one or more measures as stipulated in Section 3 of this agreement.
9.5 To ensure fair gameplay, we prohibit players from acquiring accounts, game items, game equipment, and game currency from any third party without permission or authorization, whether through purchase, gift, or any other method. We are not responsible for third-party transactions and will not handle complaints arising from disputes related to any third-party transactions. Therefore, if you engage in such behavior and cause loss to yourself or third parties, you will bear the corresponding responsibility. If such behavior causes losses to us or our other users, we reserve the right to pursue legal action or assist other users in exercising their rights.
10.1 Except as otherwise specified in this agreement, you should handle and assume all legal responsibilities for any third-party complaints, lawsuits, or claims resulting from your breach of this agreement or other service terms. If your illegal or non-compliant behavior results in compensation to any third party or punishment by governmental authorities, or if any other losses are incurred by us or our affiliated entities, you should fully compensate us or our affiliated entities. You agree to defend, compensate, and hold us and/or our affiliated companies, employees, senior officers, managers, directors, and agents harmless from any claims, liability, losses, injuries, damages, costs, or expenses (including but not limited to legal fees and other expenses, as provided by law in specific countries or regions):
10.2 Under any circumstances, we are not liable for any indirect, consequential, punitive, special, disciplinary, or incidental damages (including but not limited to business, revenue, profit, use, data, or other economic losses), whether resulting from breach or tort, even if we have been informed of the possibility of such damages.
10.3 The maximum cumulative liability of us and our members, senior officers, employees, directors, advisers, and affiliated companies will not exceed your direct damage compensation (if any), and in any event, will not exceed the total fees paid by you to us in the 12 months preceding your claim. Even if we fail to provide adequate compensation through any remedies, these limits and exclusions regarding damage compensation apply.
11.1 Injunctive Relief: Subject to any other rights and remedies we may have, you acknowledge and agree that if this agreement is threatened or violated, we are entitled to additional injunctive or equitable remedies without special evidence of damages. You waive any irrevocable rights to injunctive or other equitable relief and agree to seek monetary damages from us exclusively.
11.2 Our receipt of equitable remedies does not limit any other remedies obtained within the scope of applicable law.
12.1 This agreement is governed by and construed in accordance with the laws of Singapore, excluding its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any disputes related to this agreement or us should first be resolved through amicable consultation (any disputes requiring consultation should be notified to us in writing using the contact information provided by this agreement). If, after 30 days of consultation, no resolution is reached, any claims or legal proceedings between you and us should be unconditionally submitted to arbitration at the Singapore International Arbitration Centre (SIAC) and shall be conducted under the arbitration rules of the said commission. The arbitral award shall be final and binding on both parties. If the above arbitration clause is inapplicable to any dispute, both parties agree to submit such disputes to the courts of Singapore. Hereby, you agree and waive any objections to jurisdiction and/or forum non conveniens, whether in arbitration or judicial resolution, except as agreed to in writing by us beforehand.
12.2 As stated in applicable laws and regulations, both parties confirm that any dispute resolution proceedings, whether through arbitration or court, will be conducted on an individual basis and not in the form of collective or representative litigation. If you do not agree to this provision, you should terminate your use of our services or send us a written notice of your desire to opt out of arbitration within 30 days.
13.1 To the fullest extent permissible under applicable law, we may send you notifications using one or more of the following methods (including but not limited to various rules, notices, prompts, or other information related to using our services), including notifications or announcements in our games, on our website’s page announcements, game official channels, website prompts, mobile messages, emails, or other contact information provided by you.
13.2 Once we send or deliver any notification using any means described above, it is deemed received by you and has binding effects on you. If you do not agree, you should notify us in writing within 15 days after receiving such notifications. Otherwise, it will be deemed that you have accepted and agreed to such notification.
14.1 We reserve the right to modify or amend this agreement in any way at any time without prior notice. You agree to regularly check for new information and terms related to your use of our services and to access our services, indicating your acceptance of the most recent updated agreement, as well as any provisions or policies within it. If you do not agree with any part of the current version of the agreement or policy related to your use of our services at any time, your license under this agreement will be immediately terminated, and you should cease accessing our services.
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15.1 If any provision of this agreement is determined to be invalid or declared illegal, invalid, or unenforceable for any reason, such provision shall be separated and deleted from this agreement, and the remainder of this agreement shall not be affected and shall remain in full force and effect. However, if class action or arbitration waiver is deemed unenforceable, illegal, or invalid, you agree that it may not be separated. In other words, you may not pursue collective litigation or arbitration under any circumstances without our prior express written consent.
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16.1 Without our prior express written consent, you may not assign, charge, or subcontract all or any of your rights or obligations under this agreement through legal or other means. Otherwise, we may choose to terminate all services we provide to you without further notice. If the restrictions on assignment are unenforceable under the laws of your country or region of residence, this agreement will be binding on you and any recipients. However, we still reserve the right to assign, charge, or subcontract all or any of our rights or obligations under this agreement at any time.
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17.1 The headings of all the terms of this agreement are for convenience and have no practical meaning and cannot be used as the basis for interpreting the meaning of this agreement and its related terms.
17.2 Our failure, delay, or incomplete exercise of, or the full exercise of any rights under this agreement or rights granted by applicable law, should not be considered a waiver of those rights, nor will it affect our exercise of such rights in the future.
17.3 This agreement constitutes the complete agreement between both parties on the subject matter of this agreement and supersedes any previous written or oral agreements between you and us (if any).
17.4 Affiliated companies in this agreement refer to entities directly or indirectly controlled, controlled by this agreement, or jointly controlled by us.
17.5 This agreement may be translated into other languages. If there are any discrepancies between the English version and the versions in other languages, the English version shall prevail, except as otherwise provided by local laws and regulations.
17.6 In addition to any other limitations provided in this article, we shall not be responsible for any delays or failures to fulfill obligations due to reasons reasonably beyond our control (such as government actions, natural disasters, or events reasonably beyond our control).
17.7 You declare that you are entering into this agreement voluntarily and that apart from the compensation explicitly granted in this agreement, you do not wish to obtain any other compensation.
17.8 If this agreement conflicts with the local laws of your country or region of residence, the local laws shall prevail.
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If you have any questions about this agreement or our game services, or wish to inquire, lodge a complaint, or report, you can contact us through any of the following methods:
Contact Email: [[email protected]]
Contact Address: [N2 PTE. LTD. 61 CLUB STREET SINGAPORE (069436)]
If you are not satisfied with the games, activities, or services we have provided, or with the penalties in accordance with laws, policies, community behavior, registration, or this agreement, you should file a written complaint with our customer service center or using the above contact information within seven (7) days of receiving the notification.
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