條款及細則
Terms of Service
Bright Success Technology Limited (hereinafter “Brights Inc.”, “us”, “we” or “our”) and its Affiliate provide games (including but not limited to software or mobile applications), website (including our website and other social media operates by Brights Inc.), services, information (together hereinafter “Services”) for user’s (hereinafter “User”) approach and use.
The User shall read this “Terms of Service” (hereinafter “the Terms”) carefully before registering any game account or using our Services. The Terms establish a contractual relationship by and between Brights Inc. and User. By registering a game account or using our Services, User is deemed to have agreed to the provisions of the Terms.
If User is a person without capacity to make juridical acts, the agreement on Service Terms shall be made by his or her guardian. If User is a person with limited capacity to make juridical acts, User warrants that his or her guardian had reviewed and agreed the Terms.
Special Terms on Rescind of the Distance Sales
1. If the Purchased Game Points has been used by User (for example, exchanging Virtual Goods, selecting randomly the virtual items or unlocking level), such Purchased Game Points cannot be returned by its nature, and User may not request a refund in any reason by any means.
2. The Virtual Goods and Game Points do not have a monetary or transaction value and are not-refundable under any circumstances.
3. If User paid to extend the game content, unlock the level or acquire the Virtual Goods directly, such purchase by its nature not-refundable under any circumstances.
4 If User has bought the Purchased Game Points through a third party platform (including but not limited to Apple App Store or Google Play), User shall follow such third party platform’s refund rules and procedure.
Intellectual Property Rights
All rights, titles and interest (including without limitation copyright, patent, trademark, trade secret and other rights) in and to Game and Services (including without limitation any games, titles, program 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, server software, and any other materials) are owned by us or its respective rights holder. Brights Inc. reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with Game and Services. The User shall not reproduce, copy, transfer, transmit, convert, edit, make derivative work or commit any infringement by any means unless otherwise legally authorized in advance by Brights Inc. or the respective rights holder. Notwithstanding the foregoing, under following conditions, User may create visual art works or literature works by taking the components of Game or our Website as reference: (A) User may only use such works for User’s personal non-commercial use; and (B) User has to mark or indicate that such works is a derivative work of our Websites or Game to prevent the likelihood of confusion on any other third party; and (C) such works will not damage to or decrease the reputation of Brights Inc., the Game or the respective right holder.
Reporting and Handling Procedures for Unauthorized Use
1. In the event that any party discovers an unauthorized use of User’s account or any threat to user account security, such party shall promptly notify the other party. Once Brights Inc. received a notice from User, or once User received a notice from us, and after User’s confirmation, Brights Inc. may temporarily suspend the permission to use such account and password and grant User a new set of account and password.
2. User shall be responsible for the safekeeping of his or her account and password, and shall neither transfer, deliver, disclose, or lend them to any third party, nor let any other to use or access to User’s own account. If any dispute arises as a result of the foregoing, it shall be deemed attributed to User, and User shall be solely responsible for any liabilities resulting therefrom.
Improper Transfer of Records
1. If User discovers that his or her account and password have been used without authorization and that his or her records have been transferred improperly (for example, the Virtual Goods has been transferred to a third party’s account without User’s prior consent or authorization), User shall promptly notify Brights Inc.
2. If the rights of Brights Inc. or the User are impaired or damaged as a result of User’s false or incorrect statement, User shall be solely responsible for it.
Gaming History Retention and User’s Inquiry
1. The records of payment made by User through a third party transaction platform (including but not limited to iOS or Android system) belong to such a third party; Brights Inc. cannot provide such payment record to User’s inquiry
2. All records for Brights Inc. Game Services are owned by Brights Inc.
3. If User’s actions regarding our Services violates any laws and regulations or infringe our or any other parties’ rights, Brights Inc. may, after receiving the notice of the public authority or other government entity, provide User’s information, time spent online, and Gaming History without the consent of User to the relevant authority as evidence, and the Terms may be terminated by Brights Inc. immediately.
Publication and Authorization
1. User shall be solely responsible for his or her public statement made through our Services. Brights Inc. has no obligation to prior review any User’s statement; and Brights Inc. is entitled to delete any improper statement (including but not limited to statements that infringe copyright, insulting, discriminating or distributable statements, statements violate laws or the Terms) at its sole discretion.
2. User agrees to grant Brights Inc. or its designated third party a royalty-free, perpetual, fully paid-up, worldwide, irrevocable license to use User’s statements, including copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, and use and practice, in any way, User’s statements as well as all modified and derivative works thereof in connection with Brights Inc.’s Services. User also grants Brights Inc. any rights which are licensable in conditions same as the aforementioned.
System Security and Bugs
1. If the system or records are damaged, or in the event of abnormal operation of the system, Brights Inc. shall make recoveries as soon as possible after adopting reasonable measures.
2. In the event of the inability to create any records or other similar circumstances due to server error, Brights Inc. may restart the server and restore the game to the status where the server malfunction occurred.
Language
The Terms may be translated into different languages for User’s reference only. If there is any inconsistency or ambiguity between the English version and the other language version, the English version shall prevail and govern.
Governing Law and Jurisdiction
1. The interpretation and application of the Terms shall be governed by the laws of Hong Kong SAR, China.
2. Both parties agree that the Courts of Hong Kong shall serve as the court of first instance for any disputes arising out of the Terms.