PLEASE READ THIS TERMS OF USE ("AGREEMENT") CAREFULLY. You agree that your use of the Game will be considered THAT you have read this AGREEMENT, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and accept this AGREEMENT EITHER on YOUR OWN behalf or on behalf of your child or ward, as the case may be. If you have not attained the age of full legal capacity (generally 18 YEARS old) OR THA AGE specified by the laws and regulations of your country or region of residence, you must obtain the necessary permissions and consents in the form required by laws of Your country or region from your parent or other legal representative BY USING AND PARTICIPATING IN THE GAME, AND YOUR GUARDIANS MUST ALSO EXPLAIN THE TERMS TO YOU AND CONFIRM THEM WITH YOU JOINTLY. PRIOR TO YOUR ATTAINMENT OF FULL CAPACITY FOR CIVIL CONDUCT,IF A parent or other legal representative EXPRESSES TO US THAT THEY DO NOT CONSENT TO THEIR WARDS’ USE OF OUR GAMES, WE WILL STOP THE ACCOUNT PROVIDED WE HAVE THE INFORMATION WHICH SATISFIES US THAT THE REPORTING PERSON IS INDEED THE parent or other legal representative OF THAT WARD. YOU AGREE (IF GUARDIAN IS INVOLVED, THE CONCURRENCE OF BOTH YOU AND YOUR GUARDIAN IS REQUIRED.) THAT THIS AGREEMENT IS ENFORCEABLE, LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE GAME. You are responsible for any Internet connection fees you incur WHILE USING AND PARTICIPATING IN THE GAME.
This AGREEMENT, together with the PRIVACY POLICY, as any of the preceding 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 hereinafter collectively “Game Terms”), govern your participation and use of the video game, application, software, their associated upgrades, patches, and the updates of related services (the “Game”) and any other product, online service or web site (individually and collectively “QCPLAY Services") currently offered or which will be offered by QCPLAY Group or any of its subsidiaries and affiliates (collectively, “QCPLAY”).
QCPLAY reserves the right, at any time and at its sole discretion, to revise, update, change, modify, add to, supplement, or delete any certain terms of this AGREEMENT. QCPLAY will inform you about such revisions by email and/or at the login time. Unless otherwise specified, such revisions affecting existing QCPLAY Services shall be effective at the earliest of your acceptance or seven (7) days after posting. If any future changes to this AGREEMENT are unacceptable to you or cause you to no longer be in agreement or compliance with this AGREEMENT, you may terminate this AGREEMENT under this AGREEMENT.
Special Declaration and Consent: We brace and respect the religious beliefs and cultural practices of our users worldwide. Our products are crafted collaboratively by a global consortium of developers and artists, and thus may feature a wide spectrum of cultural and creative elements. The content within these products is strictly fictional; any parallel to actual persons or real-world occurrences is purely coincidental. By utilizing this gaming application, you expressly consent to and accept the representation of such free and diverse cultural expressions and narratives as presented.
I. Rules of Conduct
While participating in the Game, you also agree to comply with specific rules of conduct that govern your use of the Game (“Rules of Conduct”); for example, you may not:
a.Harass, threaten, embarrass, or do anything unwanted to another user, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
b.Disrupt the flow of chat in chat rooms, forums and other communication interface with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding.
c.Impersonate another person (including celebrities), indicate falsely that you are a QCPLAY employee or a representative of QCPLAY, or attempt to mislead users by indicating that you represent QCPLAY or any of QCPLAY’s partners or affiliates.
d.Attempt to get a password, access information, or other private information from anyone else on QCPLAY Services.
e.Promote or encourage any illegal activity, including hacking, cracking or distributing counterfeit versions of the Game and software.
f.Upload files that contain a virus or corrupted data.
g.Post messages for purposes other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
h.Improperly use web support or complaint buttons or make false reports to QCPLAY staff.
i.Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.
j.Modify any part of the QCPLAY Services that QCPLAY does not explicitly authorise you to modify.
k.Post or communicate any user’s real-world personal information using a QCPLAY Service.
l.Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a QCPLAY Service.
m.Attempt to use QCPLAY Software on or through any service not controlled or authorised by QCPLAY.
n.Exploit the Game or any of its parts thereof or QCPLAY Services for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming centre or any other location-based site; (b) for gathering in-game virtual goods or resources, for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-levelling.
o.Interfere with the ability of others to enjoy playing a QCPLAY Service or take actions that interfere with or materially increase the cost to provide a QCPLAY Service for the enjoyment of all its users.
p.Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
q.Reverse engineer, decompile or disassemble all or any portion of the Game.
r.Facilitate, create or maintain any unauthorised connection to the Game, including without limitation any connection using programs or tools not expressly approved by QCPLAY.
s.Sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the Game, or sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods inside the Game, except as expressly permitted by this AGREEMENT, the game terms or otherwise permitted in the gameplay.
t.Cyberbully others in the course of the Game Services.
u.Use the Game Service for political purposes or disseminate related information to others while using the Services.
v.Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations.
w.Upload, post, transmit or otherwise make available content that threatens the unity, integrity, defence, security, sovereignty, friendly relations with a foreign state (such as insulting another state) or public order of any country or jurisdiction from which you access or use the Services; or use the Game Services to cause, incite the commission of any offence or prevent the investigation of any offence.
x.use the Game to harm minors or publish content that is harmful to children or minors in any manner.
y.Engage in the use of public or private channels within the game or community to directly or indirectly promote or advertise products, services, or activities not associated with QCPLAY.
z.allow or assist any third party to do any of the above.
You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. This means that you, not QCPLAY, are solely responsible for all content you create, upload, post, transmit, communicate, or otherwise make available through the Services. QCPLAY does not control the content displayed through the Services, and QCPLAY does not guarantee the accuracy, integrity, quality, or legality of such content. You understand that using the Services may expose you to objectionable and inappropriate content. If you believe any content violates this Terms of Use, please notify us immediately at [ feedback.global.play@gmail.com ]. We will use reasonable efforts to address any objectionable content that you report within a reasonable time, in accordance with applicable law. However, in no event will QCPLAY be liable for any content.
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 or not such third parties are registered users of the Game) and for the employees and representatives of QCPLAY. You must also obey the laws and regulations of your country or region of residence and the rules that apply to your acts or behaviors when using the Game. QCPLAY reserves the right to terminate this AGREEMENT and to prevent your use of any QCPLAY Services if your Access is used to engage in illegal activity, violates these rules of conduct, or otherwise any Game Terms.
If you engage in any of the above-prohibited conducts, we are entitled to take one or more of the following specific punitive measures concerning your violation and degree, including but not limited to:
a.a warning; and/or
b.block from posting, reset or force modification of prohibited content ; and/or
c.reducing or limiting your game's virtual goods reward, including but not limited to the improvement of all the data related to the game's character growth and upgrade (such as experience value, honour value, reputation value, etc.) and the obtaining of game props, equipment, virtual currency and other virtual goods; and/or
d.deleting or cancelling your game account, game data or other game-related information; and / or
e.forcing you to quit the entire game or a single battle in the game, or other game behavior you are working on; and / or
f.restricting, suspending or terminating your use of Game and related services, or unilaterally notifying you of the termination of this Agreement; and/or
g.other measures that are announced through game rules (including but not limited to player regulations, game announcements, tips and notices).
You acknowledge and consent to our regular updates and refinements of the conditions and enumerations pertaining to the punitive measures mentioned above, which aim to preserve the legitimate interests and wholesome environment of users dedicated to our games. You agree to remain vigilant regarding, and to strictly comply with, the rules and regulations that support the upkeep of the aforesaid gaming environment.
II. Limited Use License
QCPLAY hereby grants you a limited, personal, nonexclusive, non-transferable, 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 QCPLAY Services to which you have subscribed, and (2) you comply with this AGREEMENT and the Privacy Policy, and you are not otherwise in breach of any game terms. The foregoing grant of license shall be automatically revoked as of the moment that you no longer meet any of the foregoing conditions.
The Game may require or allow you to download software, software updates or patches, or other utilities and tools from QCPLAY or its licensors (collectively, “QCPLAY Software”). In such cases, QCPLAY grants you a non-exclusive, limited license to use QCPLAY Software solely for the purpose stated by QCPLAY at the time the QCPLAY Software is made available to you. If a TERMS OF USE is provided with the QCPLAY Software, your use of the QCPLAY Software is subject to the terms of that license agreement in addition to these game terms. You may not sub-license or charge others to use or access QCPLAY Software. You may not translate, reverse-engineer, reverse-compile, decompile, disassemble, or make derivative works from QCPLAY Software. You may not modify QCPLAY Software or use it in any way not expressly authorised in writing by QCPLAY. You understand that QCPLAY’s introduction of various technologies may not be consistent across all platforms and that the performance of QCPLAY software and related QCPLAY Services may vary depending on your device and other equipment.
From time to time, QCPLAY may provide updates or modifications to the Game. You understand that specific updates and modifications may be required to continue using the Game. You agree that QCPLAY may stop to support previous versions of the Game upon the availability of an updated version.
III. Intellectual Property
QCPLAY Services and all title, ownership rights and intellectual property rights 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, interfaces, 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 QCPLAY or QCPLAY’s licensors and are protected by local and/or 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 a QCPLAY 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. QCPLAY reserves all rights in QCPLAY-owned and QCPLAY-licensed games and QCPLAY Services not expressly granted to you in this AGREEMENT or game terms. You acknowledge that QCPLAY 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.
Making unauthorized copies of the Game may result in the termination of this AGREEMENT, prohibition on using QCPLAY Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
UGC (User-Generated Content) means any content such as creation work, feedback, suggestions, comments, ideas, software, code and/or any other information you provide, publish, or otherwise communicate directly or indirectly to us regarding the Game.
To maintain the friendly atmosphere of the Game community, QCPLAY may reserve the right, in our sole discretion, to monitor, filter, moderate, edit, and/or remove any or all of UGC that are objectionable or inappropriate at any time without prior notice.
Any of the UGC may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for your behavior when using the QCPLAY Services, including but not limited to any UGC posted by you. You also acknowledge and confirm that under no circumstance shall QCPLAY be liable for any UGC posted by you. You further confirm that any UGC is neither endorsed nor controlled by QCPLAY.
By uploading or contributing the UGC, you (“licensors”) grant to QCPLAY (“licensee”) an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, extra fee or attribution of any kind to you or any third party.
【AIGC FORBIDDEN】
Considering that there is currently a lack of policies and laws governing the application and development of AI technology. In order to avoid further disputes regarding intellectual property rights, you hereby specifically agree that:
1.Not to use any of QCPLAY's intellectual property and related content for any purpose of artificial intelligence model training and content generation.
2.Not to publish any AIGC-related content on the QCPLAY platform or in the game that has not been recognized by the competent intellectual property rights registration authority in the jurisdiction where you resides.
IV. BILLING, PAYMENT AND OTHERS
When you provide payment information to QCPLAY, you represent to QCPLAY that you are the authorized user of the card or account associated with that payment, and you authorize us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, QCPLAY may terminate your access to your Account.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account. If you cancel your Account, QCPLAY reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before QCPLAY will allow you to register again.
QCPLAY may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Service or other fees you may pay to QCPLAY. QCPLAY makes no representation or warranty that any service offered via third-party vendors will not change or be suspended or terminated.
YOU MAY FROM TIME TO TIME MAKE PAYMENTS TO US OR OTHER THIRD PARTIES IN RELATION TO THE LICENSED ITEMS. YOU AGREE THAT YOU WILL COMPLY WITH, ALL TERMS AND CONDITIONS OF THE RELEVANT PAYMENT SERVICE (WHETHER THAT PAYMENT SERVICE PROVIDER IS US OR A THIRD PARTY). YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL FEES ASSOCIATED WITH ANY LICENSED ITEMS.
THE SPECIFIC CHARGING ITEMS OR CHARGING RATES OF THE SERVICES ARE SUBJECT TO THE OFFICIAL INFORMATION RELEASED BY US. WE ARE ENTITLED TO CHANGE OR ADJUST THE CHARGING ITEMS OR CHARGING RATES AT OUR OWN DISCRETION FOR THE IMPROVEMENT OF OUR GAME ENVIRONMENT AND SERVICES.
YOU AGREE THAT WHEN YOU USE GAME SERVICE, ANY PURCHASE YOU MAKE IS A WELL-CONSIDERED AND RATIONAL PURCHASE, AND IF YOU ARE MINOR, YOU ARE SURE THAT YOU HAVE OBTAIN THE CONSENT AND CONFIRMATION FROM YOUR PARENTS OR LEGAL GUARDIAN BEFORE YOU MAKE YOUR PAYMENTS. ANY PAYMENTS YOU MAKE TO US IN EXCHANGE FOR YOUR USE OF ANY LICENSED ITEMS IS FINAL AND NON-REFUNDABLE, EXCEPT OTHERWISE AGREED BY YOU AND US OR REQUIRED BY APPLICABLE LAWS AND REGULATIONS.
We may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner.
Given the nature of the Game or QCPLAY Services, your purchases of virtual goods and services are non-refundable, unless otherwise provided by the specific refund policies of countries and regions.
V. Virtual Goods
The Game may, from time to time, feature virtual goods. Virtual goods include but are not limited to virtual items (characters, accessories, items such as “character customisation”, power-ups), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game in various ways, or we may allow you to “purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
We may vary the prices of virtual goods and/or any services involved in the Game at any time. If you are offered a specific discounted price for certain campaigns, that price will only remain valid for that period in accordance with the rules of the specific campaign.
Virtual Goods are licensed to you, not sold. You do not have any real-world property rights over 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.
Virtual Goods have no monetary value in the real world, and 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 AGREEMENT, the Game Terms or otherwise permitted in the gameplay.
QCPLAY reserves the right to regulate, discontinue, update, modify or eliminate any Virtual Goods , including, but not limited to, the price of Virtual Goods and other conditions for obtaining 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 jurisdictions.
VI. Protection of Personal Data
All the information collected from you is subject to all applicable Laws, and we shall try our best to protect your personal data. Please pay attention that we may update this AGREEMENT from time to time, and your continued use of the QCPLAY Services shall constitute your acceptance of the newly updated AGREEMENT. Subject to any applicable laws and regulations, you have the right to request modification or deletion of your personal data after passing our review process in the required proper manner. Please see Privacy Policy for more information regarding the collection and use of your personal data.
VII. Termination
This AGREEMENT is effective from the earliest date you purchase, download or use the Game until terminated according to its terms. Both you and QCPLAY (or its licensors) may terminate this AGREEMENT at any time for any reason or no reason. Termination by QCPLAY will be effective upon notice to you, termination or deletion of your Account (if any), or QCPLAY’s decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this AGREEMENT (and consequently, your Account (if any)) at any time by notifying QCPLAY at feedback.global.play@gmail.com . 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 AGREEMENT for any reason, whether such termination was voluntary or involuntary, except as required by law, as expressly provided in game terms, or otherwise required by applicable laws.
QCPLAY reserves the right to collect fees, surcharges or costs incurred before you terminate this AGREEMENT.
VIII. Software Testing
We may, from time to time, offer a Testing version of one of our Services (a “Testing”). Testings are not commercial launch versions, are not guaranteed to work correctly, and may make other parts of your system not work correctly. For you to have permission to use the Testing, you acknowledge and agree to the following terms in addition to the rest of this Term:
(1) Your right to use the Testing may be limited in time and may be subject to additional Terms;
(2) We may automatically delete or modify the information stored on your device(s) related to the Testing for any reason at any time during the duration of the test;
(3) We may terminate the test at any time, which would then render your Testing unable to function correctly;
(4) Use of a Testing is subject to confidential treatment of that Testing and all elements thereof. "Confidential Information" means any information disclosed by us or accessed or provided by you concerning the Testing (including any feedback provided and the App itself). You agree that you will:
Not use any Confidential Information other than as necessary to use the Testing in accordance with this Term;
Maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;
Not disclose the Confidential Information to any person or entity other than as permitted by us in writing; and
Not make any public announcements related to Testing or the Service, including publishing or disclosing any information such as videos relating to the Testing, without our prior written approval, which we may grant or withhold in our sole discretion.
The virtual props and virtual currency obtained from your recharge and consumption during the test are subject to specific processing after the test stated in the test announcement.
IX. Disclaimers & Indemnification
This Section shall survive termination of this AGREEMENT.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER QCPLAY SERVICE, QCPLAY SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, QCPLAY SERVICES, QCPLAY SOFTWARE, CONTENT, QCPLAY’S 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. QCPLAY PROVIDES THE GAME AND QCPLAY SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE QCPLAY SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT QCPLAY WILL HAVE ADEQUATE CAPACITY FOR QCPLAY SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE QCPLAY SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE QCPLAY 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 QCPLAY OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY QCPLAY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT QCPLAY, ITS 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 QCPLAY SERVICES OR USE OF QCPLAY SOFTWARE. IN NO CASE SHALL QCPLAY OR QCPLAY AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF QCPLAY SERVICES, QCPLAY SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF QCPLAY SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, QCPLAY’S AND QCPLAY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE AFOREMENTIONED, IN NO CASE SHALL QCPLAY OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “QCPLAY AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO QCPLAY FOR QCPLAY SERVICES.
B. Indemnification
Upon QCPLAY’s request, you agree to defend, indemnify and hold harmless QCPLAY and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this AGREEMENT, or any other Game Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold QCPLAY harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to QCPLAY, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this AGREEMENT.
QCPLAY reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to QCPLAY in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: QCPLAY MAY FIND IT NECESSARY TO MAKE UPDATES OR RESET CERTAIN PARAMETERS TO BALANCE THE USAGE OF THE GAME AND QCPLAY SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE 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”. You expressly agree that your use of, or inability to use, the service is at your sole risk. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states or jurisdictions, our liability shall be limited to the maximum extent law permits.
D. Third-Party Features
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.
X. Dispute Resolution
A. Equitable Remedies
You hereby acknowledge and agree that QCPLAY would suffer irreparable harm if this AGREEMENT or any of the Game Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that QCPLAY shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as a remedy for any breach or threatened breach of this AGREEMENT or any other Game Terms.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this AGREEMENT or any other Game Terms (“Dispute”), you and QCPLAY 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. QCPLAY will send its notice to your billing address (if provided) and email you a copy to the email address you provided. You agree to send your notice to feedback.global.play@gmail.com.
C. Formal Dispute Resolution
IF YOU AND QCPLAY ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, EITHER YOU OR QCPLAY MAY ELECT TO HAVE THE DISPUTE FINALLY AND EXCLUSIVELY RESOLVED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC) UNDER THE HKIAC ADMINISTERED ARBITRATION RULES (THE “HKIAC RULES”) IN FORCE WHEN THE NOTICE OF ARBITRATION IS SUBMITTED. THE LAW OF THIS ARBITRATION CLAUSE SHALL BE HONG KONG LAW. THE ARBITRATION SHALL BE SITUATED IN HONG KONG. THE ARBITRATION PROCEEDINGS SHALL BE CONDUCTED IN ENGLISH.
XI. Miscellaneous
A. Remedies
You agree that this AGREEMENT is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this AGREEMENT. You also understand and agree that the Terms of Use, the Privacy Policy and any other Game Terms, including QCPLAY‘s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
Suppose any part of this AGREEMENT or the game terms is held invalid or unenforceable. In that case, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of QCPLAY, and the remaining portions shall remain in full force and effect.
C. Assignment.
QCPLAY may assign this AGREEMENT, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign this AGREEMENT without QCPLAY’s prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of QCPLAY (or its licensors) to exercise or enforce any right or provision of this AGREEMENT or any game 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 such provision thereafter. The express waiver by QCPLAY (or its licensors) of any provision, condition or requirement of this AGREEMENT or any game terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure.
QCPLAY shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of QCPLAY, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond QCPLAY’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, labour or materials.
F. Governing Law.
These Terms of Use shall be governed by and construed in accordance with Hong Kong law, expressly excluding any conflict of laws rules and the application of the United Nations Convention on Contracts for the International Sale of Goods.
G. Entire Agreement.
This AGREEMENT, the Privacy Policy, and any other game terms, including any posted rules or instructions regarding a particular activity, poll, or contest, constitute the entire agreement between you and QCPLAY relating to your rights and obligations in the use of the Game and the QCPLAY Services. If there is any conflict between this AGREEMENT, the Privacy Policy, and any other game terms, QCPLAY shall resolve the conflict in its sole discretion.
For any questions concerning this AGREEMENT, you may contact QCPLAY at the following address: Southeast Asia: feedback.global.play@gmail.com
Update Date: December 11, 2023