End User Agreement - Eudemons Online - A Free MMORPG Online Game

END USER AGREEMENT

THIS END USER AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH NETDRAGON WEBSOFT (HONG KONG) LIMITED (THE "COMPANY") OFFERS YOU ACCESS AS AN END USER ON THE GAME DEVELOPED BY NETDRAGON WEBSOFT (HONG KONG) LIMITED (THE "GAME"). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON, YOU ACCEPT AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS; IN WHICH EVENT, YOU WILL BE GRANTED ACCESS TO PLAY THE GAME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON OR PROMPTLY EXIT THIS PAGE.

1. TERMS OF AGREEMENT

(a) Terms of Agreement. The Company offers to allow you to play its multi-player online computer games "Eudemons" ("The Game") on a free-to-play basis conditioned upon your agreement to all of the terms and conditions contained in this Agreement and your compliance with the Rules of User Conduct set out in Paragraph 8 of this Agreement. The Game is free to play with no monthly subscription fees. The Company makes money by selling virtual items for you to use in-game. Your use of the Game constitutes your agreement to all such terms and conditions and your compliance of the User Conduct. To confirm your agreement, you should click on the "I Agree" button at the end of this Agreement. If you do not so agree, you should click on the "I Do Not Agree" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to play the Game. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact our Company customer service by visiting the following link: .

(b) Amendments. The Company may amend, update, modify or correct this Agreement, or modify the Rules of Conduct at any time in its sole discretion without any obligation to inform the User of the amendment or changes by posting the amended Agreement or modified Rules of Conduct at . Amendments or changes to the Agreement will be effective immediately after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of the Game after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Conduct periodically so you will be familiar with their content as amended or modified from time to time.

2. GAME DESCRIPTION

The Company offers the Game as a free to play online role-playing game service (the "Service") downloadable through the Internet at "" (the "Web Site") or at the relevant Third Party Platforms (defined below). The Company reserves the right to change the URL address of the Web Site at any time and from time to time without prior notice. To use the Service, you will need to install the Game software, which the Company makes available from the Web Site (the "Software"). To install and use the Software on your device, you will need to ensure your device meets the minimum system requirements (See the Company’s minimum and recommended system requirements at /download/ for more details). The Company accepts no responsibility or liability for any failure of your device system to meet the technical requirements of our Software.

If you download the Software from a Third Party Platform, such download shall also be subject to the terms and conditions of the relevant Third Party Platform. Anyone desiring to use the Game is required to establish an account with The Company (the "Account"). The Company does not provide Internet access, and you are responsible for all fees and costs associated with your internet connection. The Web Site located at is an active part of the Game and any use of the Web Site and the Game is governed by this Agreement and Rules of Conduct.

3. LICENSE TO USE

Subject to the terms of this Agreement, the Company grants to you a non-exclusive license to access and use the Game, including any Content for your personal entertainment purposes.

For the purpose of this Agreement “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Game Items, Game Currency and any other content that is provided to you within the Game. Content shall also include any content generated, created, or developed within the Game by you and other users as a result of interaction with the functionality of the Game.

Depending on the jurisdiction which you are located and subject to the applicable laws, the Game and certain Content may be modified, limited or restricted. You understand that the Game may not be accessible in certain jurisdictions and the Company reserves all right to deny access to the Game if the Company is unable to provide the Game and the Content to those jurisdictions legally.

4. REGISTRATION

(a) Eligibility. Subject to applicable consumer and minor protection laws and rules, the Game is intended for individuals of eighteen (18) years of age or older (or in the case of a country where the minimum age for collecting, using, storing, and processing personal information differs, the relevant minimum age to be recognized as an adult). If you are below 18 and wish to use the Game, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s), and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are referred as "User(s)”.

By clicking the "I Agree" button you represent that you are 18 or legally of age in your jurisdiction. Only one person may use an Account. The registered User of an Account may use the Account or may choose instead to permit a minor of the registered User to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.

(b) Account ID. At the time your Account is opened, you must choose a name to identify yourself to the Company (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Users to believe you to be an employee of the Company, or which the Company deems in its discretion to be vulgar or otherwise offensive or inappropriate. The Company reserves the right to delete, or to change, any vulgar or otherwise offensive or inappropriate Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.

(c)Message Board ID. You have the option to create a Message Board ID for use on the official Game message boards. You may not select as your Message Board ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Users to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive or inappropriate. The Company reserves the right to delete, or require you to change, any vulgar or otherwise offensive or inappropriate Message Board ID. You have sole liability for all activities conducted under your Message Board ID.

(d)Account. By agreeing to this Agreement you agree that you do not own the Account to the Game or any Content, including Game Items and Game Currency that is made available to you via the Account. You do not own any other data which the servers and accounts are comprised of.

(e)Character Name. In order to use the Game, you must create a character and choose a name for your character to identify your character to other Users (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Users to believe you to be an employee of The Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive or inappropriate. The Company reserves the right to delete, or alter any vulgar or otherwise offensive or inappropriate Character Name. Only ASCII characters are allowed for any character names in the Game. No Unicode is allowed.

(f)Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names. While accessing the Game, it is possible to name your pledge, grant titles to individual Users, grant a title to your own character, name NPCs, or name a guild. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC (non-player character) that is the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Users to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive or inappropriate. The Company reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive or inappropriate Name. Only ASCII characters are allowed for any names in the Game. No Unicode is allowed.

(g)Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. The Company will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process, or when you are requesting the Company to perform certain service that requires your password authentication, in which case you will only send your password to designated Company email address or Company website.

(h)Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Game's registration form ("Registration Data"), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Game.

(i)Former Users. Users whose Accounts have been terminated by the Company may not access the Game in any manner or for any reason, including through any other Account, without the express written permission of the Company.

(j)Related Accounts. If the Company terminates an Account, the Company may terminate any other Accounts that share the same User name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.

(k)Multiple Accounts. Currently, each User is permitted to register more than one account. However, the Company reserves the right to limit the number of Accounts each User may register.

(l)Right To Monitor and Remove Contents and/or Accounts. The Company shall reserve the right to, but not the duty to review and monitor all the gameplay of Users and content submitted during gameplay. The Company reserves the right to terminate the account(s) of any User without further notice should the conduct of the user in question violates this Agreement. To improve the Game development, the Company also reserves the right, at its discretion, to remove any Game Account(s) without any compensation provided.

(m) Subject to our Privacy Policy made available at https://www.eudemons.com/privacy.shtml, we shall collect your certain personal information when you register the account or use our service. Please refer to our Privacy Policy for more information.

(n) Some people may experience epileptic seizures when exposed to certain visual patterns or flashing lights. These conditions may trigger epileptic symptoms or seizures in persons without history of prior seizures or epilepsy. If you or anyone in your family has prior conditions of epileptic seizures, consult a physician before playing the Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue playing the Game and consult your physician.

5. FEES

The Game is free to play. You do not need to pay any fee to download the Software or to play the Game. Certain Game Items and Game Currency can be purchased with real world currency as an enhancement of your gameplay experience. Please refer to the below Paragraph 6 for more details. However, the Company is not responsible for any other fees or costs you paid or may have to pay in order to play the Game, including, but not limited to, fees to access the internet; fees charged by a third party location such as a cyber café, arcade, or other location; or costs of computer hardware or software.

6. GAME ITEMS AND GAME CURRENCY

(a) Purchase of Game Items. The Company may offer to sell to you on the Web Site or in the Game, from time to time, in-game currency (“Game Currency”) and virtual items, upgrades and options that can be used in the Game, including but not limited to character skins, gear, experience boosts, and other customization options to be used in the Game (The "Game Item"). If you select to purchase any Game Item and/or Game Currency, you agree that you have understood how the Game Item and/or Game Currency are used in the Game and are fully responsible for all the consequences related to the use or transfer of such Game Item.

SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS THAT MAY APPLY TO YOU, THE GAME ITEM YOU HAVE PURCHASED IS NON-REFUNDABLE AND NON-EXCHANGEABLE. THE GAME ITEMS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. UNLESS OTHERWISE EXPRESSLY STATED BY US, NONE OF THE GAME ITEM OR IN-GAME CURRENCY ARE TRANSFERRABLE, TRADABLE, IN WHOLE OR IN PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES.

You agree that Game Items and Game Currency are licensed, not sold. You also agree that the Game Items and Game Currency you have purchased are properties of the Company, and what you obtained through the purchase is merely the right to use such Game Items in the Game. Subject to your compliance with the terms under this Agreement and the applicable laws, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and licence to use the Game Items and Game Currency that you purchase or obtained, solely for the purpose of your use of the Game and for no other purposes whatsoever. The Company also reserves the right to cancel, revoke or otherwise prevent the use of the Game Items and Game Currency should we suspect any unauthorized, fraudulent or illegal activity.

(b) When you purchase the Game Items and Game Currency, your payment will be made through the functionality available through the platforms we make available to you. Your payment transaction shall be subject to the terms of the third party payment gateway operator, which is beyond the control of the Company. You agree that the purchase terms of the Game Items and Game Currency may be modified, altered or suspended by the Company without further notice to you.

(c) Security and Anti - Fraud. For security and anti-fraud purpose, the Company may require the purchaser of the Game Items and Game Currency to provide personal information such as name, address, phone number, social security number, and copy of picture ID. Upon the Company’s request, the said purchaser may also be required to write and sign a statement certifying that their purchases are real and valid. Failure to do so may result in immediate suspension of the purchaser's Account in the Company’s sole discretion.

7. TRADING AMONG USERS

Trading of Game Items or Game Currency between Users are permitted only while using the trading system provided in the Game and that such trading shall not involve any transfer of any asset or currency of monetary value in the real world (except in the case of a purchase of Game Items and Game Currency directly from the Company). All other trading, sale, or ownership transfers of Content, including without limitations, Account IDs, in-game items, in-game currencies, as well as any and all transfers that are conducted outside of the Game world, are strictly prohibited.

The Company is not responsible for any losses incurred by the participation in any activities, whether knowingly or unknowingly, related to any prohibited trading activities. ANY AND ALL PROHIBITED CONDUCT MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNT(S) INVOLVED IN SUCH TRADING IN THE SOLE DISCRETION OF THE COMPANY.

8. USER CONDUCT

(a) You agree not to use the Game to:

(i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights;

(ii) impersonate any person or entity, including, but not limited to, the Company's employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(iii) upload, post, e-mail or otherwise transmit Content that violates any law or regulation;

(iv) upload, post, e-mail or otherwise transmit Content as determined by the Company at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(vii) interfere with or disrupt the Game or servers or networks connected to the Game, or disobey any requirements, procedures, policies or regulations of networks connected to the Game; or

(viii) "stalk" or otherwise harass another User;

(ix) use the Game or any Content therein for commercial purpose, or for the benefit of any third party or in any manner not permitted by this Agreement;

(x) sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or recompile the Software,

(xi) create any derivative works in respect of the Software or the Game, or otherwise use the Software except as expressly provided in this Agreement;

(xii) create, develop or distribute any unauthorized software programs to gain any sort of advantage in any online or other game modes or otherwise creates Cheating Programs;

(xiii) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;

(xiv) collect or store any information that could identify any individual without their expression permission;

(xv) use IP proxying or other methods to disguise the place of your residence, whether to circumvent any geographical restrictions or otherwise;

(xvi) use the Game in any way that would affect us adversely or reflect negatively on us or the Game or discourage any person from using all or any portion of the features of the Game; or

(xvii) encourage, promote, take part in or enable anyone else to do any of the foregoing.

(b) Cheating Programs. To ensure fair play, the Company does not allow the use of any cheating programs such as macros, bots, or mouse emulators etc., to play the Game. We may monitor any cheating behaviour in the game from time to time and update our anti-cheating mechanisms at our sole discretion. The Company reserves the right to suspend, or terminate your Account and suspend any grant of licence to the Game and any content therein to you either for a period of time or indefinitely at the Company’s sole discretion. The Company also reserves the right to seek further legal remedies against you.

(c) Modification Of The Client Program. All Users must use the client program provided by the Company. The Company periodically updates the client program as well, and all Users are required to use the latest version of the Game. Modification of the client program of the Game is strictly prohibited. Any violations may result the termination of your Account.

(d) Exploitation of Program Bug. Users are prohibited from exploiting any programming bugs in Game, on the Web Site, and/or within the Company's system. Any violations may result the immediate termination of Account by the Company in its sole discretion.

9. OFFICIAL SERVICE

The Game is designed to be played in the manner as offered by the Company at the Web Site or accessible via our authorized third party digital distribution services and platforms (“Third Party Platforms”). You agree to play the Game only as offered by the Company at the Web Site and Third Party Platforms and not through any other means. You further agree not to create or provide any other means through which the Game may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Game, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on the Game’s infrastructure. Unless expressly stated otherwise in this Agreement, you may not sell or auction any Game Accounts or Content, including any Game Item and Game Currency .

10. OWNERSHIP

The Company and its affiliates and licensors own all title, ownership and intellectual property rights in the Game. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Game. You understand and agree that you have no ownership in the Game or in any content therein.

Users can upload Content to our servers in various forms, such as in selections you make for Game and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Game or Web Site, you automatically grant (or you warrant that the owner of such Content has expressly granted) to the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

11. PRIVACY

The Company cares about the privacy of your data. All personal information that you provide us shall be handled in accordance with our Privacy Policy and the relevant data protection laws. Please refer to our Privacy Policy available at https://www.eudemons.com/privacy.shtml for more details.

12. PARENTAL GUIDANCE

While the Company may choose to monitor and take action upon inappropriate gameplay, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some Users of any age. The Company cannot ensure that other Users will not provide content or access to content that parents or guardians may find inappropriate or that any User may find objectionable. The Company does not as a matter of policy pre-screen the Content of the materials or communications transmitted by each User. The collection of personal data from minors shall receive the approval of their parents, and the minors shall be accompanied by their parents when the Company request any information collection.

13. INTERRUPTION OF SERVICE

(a) The Company reserves the right to interrupt the Game from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.

(b) You acknowledge that the Game may be interrupted for reasons beyond the control of The Company, and the Company cannot guarantee that you will be able to access the Game or your Account whenever you may wish to do so. The Company shall not be liable for any interruption of the Game, delay or failure to perform resulting from any causes beyond its reasonable control.

(c) The Company shall not be obligated to refund any and all portion of any Game Item Purchases or Account fees (if any) by reason of any interruption of the Game and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.

14. DISCLAIMER OF WARRANTIES

THE COMPANY PROVIDES THE GAME, THE SOFTWARE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE GAME, OR YOUR ACCOUNT, WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE GAME, OR YOUR ACCOUNT WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SOFTWARE, THE GAME, OR YOUR ACCOUNT, WILL BE CORRECTED.THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAME OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULARLY TASK OR APPLICATION, OR OTHERWISE.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SOFTWARE, THE GAME, OR YOUR ACCOUNT. YOU SHOULD NOT USE OR ACCESS THE GAME IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED.THE COMPANY DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. THE COMPANY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

15. LIMITATION OF LIABILITY

(a) THE MAXIMUM AMOUNT AND THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY FOR THE TOTAL PURCHASE OF GAME ITEMS IN AND WITHIN THE SAME MONTH OF THE EVENT CAUSING LIABILITY.IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATIONS, ANY DAMAGES FOR LOSS OF PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE GAME, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

(b) If you purchased a Game Item, you agree to release any and all liabilities of the Company related to your purchase and use of the Game Item, except that the Company is responsible for providing such Game Item to your Account in the Game.

(c) You agree to release any and all liabilities of the Company related to any computer virus infection to your computer, whether it is through the Company's server or third party activities.

(d) You agree that the Company will not be held responsible or liable for anything that occurs or results from accessing or subscribing to the Game.

16. THIRD PARTY CONTENT

YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY THIRD PARTIES (SUCH AS USER MESSAGE BOARD) AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, INAPPROPRIATE, OR ILLEGAL.IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THOUGH THE SERVICE.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE GAME AND INTERNET GENERALLY.THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH HYPERLINKS OR IN ANY OTHER FORMS.

17. INDEMNIFICATION

AT THE COMPANY'S REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, ITS LICENSEES, DISTRIBUTORS, USERS OF THE GAME, FROM ALL DIRECT OR INDIRECT DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS, WHICH THE COMPANY MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OF THE GAME OR ANY BREACH OF THIS AGREEMENT BY YOU.

18. TERMINATION

(a) The Company may terminate this Agreement (including your Software license and Account and licence to Content) immediately and without notice if you breached any terms of this Agreement including the Rules of User Conduct or willfully infringe any third party intellectual property rights in the use of the Game, or if the Company are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any User activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game as described in the Rules of Conduct. If the Company terminates this Agreement under any circumstances, you will lose access to your Account without refund of any fees paid for the purchases of any Game Items.

(b) To the maximum extent permitted by law, you agree that if the Game or your Account is terminated or cancelled for any reasons or length of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any Game Items, Game Currency or unused access time.

(c) Notwithstanding the above, all obligations that are accrued prior to the effective date of the termination (including without limitation, all payment obligations) and all remedies for breach of this Agreement shall survive and the provisions of this Agreement that by their nature are intended to survive termination will survive. For the avoidance of doubt, if we terminate this Agreement or suspend or terminate your access to or use of the Game due to your breach of this Agreement or any suspected fraudulent, abusive, or illegal activity, then termination of this Agreement will be in addition to any other remedies we may have at law or in equity.

19. EQUITABLE REMEDIES

You hereby agree that the Company would suffer irreparable damages if the terms of this Agreement were not specifically enforced, and therefore you agree, that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breaches of this Agreement, in addition to such other remedies as the Company may otherwise have available to it under applicable laws.

20. ATTORNEY FEES

Should any party institutes any action or proceeding at law or in equity to enforce any provision of this Agreement, including an action for declaratory relief, or for damages by reason of an alleged breach of any provision of this Agreement, or otherwise in connection with this Agreement, or any provision of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees and costs for services rendered to the prevailing party in that action or proceeding.

21. CHOICE OF LAW AND VENUE

This Agreement is governed by and shall be construed and enforced under the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), without applying any conflicts of law principles that would require application of the law of any other jurisdiction. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the courts located in Hong Kong.

22. GENERAL PROVISIONS

Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by the Company and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without written permission of the Company. This Agreement sets forth the entire understanding and agreement between the Company and you with respect to the Company, the Game, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of the Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the Company. Nothing in this Agreement, whether express or implied, is intended to make any person or entity that is not a party to this Agreement a third party beneficiary of any rights created by this Agreement or by operation of law. All notice given by you or required under this Agreement shall be faxed to 2850 7066 or emailed to our customer services at service@eudemons.com, and are effective on the date received by the Company.

This Agreement is drafted in English, and versions in any other language are for reference purposes only. In the event of conflict between the English version and any other translated versions of this Agreement, the English version shall prevail.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS BY PRESSING THE "I AGREE" BUTTON BELOW AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE GAME BY PRESSING THE "I DO NOT AGREE" BUTTON BELOW AND YOU WILL NOT BE PERMITTED TO PLAY THE GAME.

Schedule 1 – Addendum for residents in the United States of America

Paragraph 4(a) of this Agreement is replaced in its entirety with the following:

4. REGISTRATION

(a) Eligibility. The Game is intended for individuals of eighteen (18) years of age or older, or at least the minimum legal age for consenting to personal data collection under the applicable consumer and minor protection laws of the State of California. If you are below the minimum legal age for consenting to personal data collection in the State of California and wish to use the Game, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s), and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are referred as "User(s)”.

By clicking the "I Agree" button you represent that you are 18 or the relevant minimum legal age for your personal information to be collected and used in the State of California. Only one person may use an Account. The registered User of an Account may use the Account or may choose instead to permit a minor of the registered User to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.

Schedule 2 – Addendum for residents in Brazil

Paragraph 6(a) of this Agreement is replaced in its entirety to the following:

6. GAME ITEMS AND GAME CURRENCY

You have a legal right to cancel and return your purchase of Game Items and/or Game Currency within 14 days from the date of which you or an authorized third party designated by you has taken possession of the Game Items and/or Game Currency (“Cancellation Period”), without requiring a reason for the cancellation. To exercise your right of cancellation and return of the Game Items and/or Game Currency, you must provide your notice to us via our customer service email address at service@eudemons.com with a clear statement setting out your intention to cancel and return the Game Item and/or Game Currency, with details of your name, Account ID, postal address and where applicable, your telephone number, fax number and email address linked to your Account within the Cancellation Period. Your purchase of Game Items and/or Game Currency will be deemed cancelled if you have sent your notice to cancel/refund before the expiry of the Cancellation Period. Upon the cancellation of your purchase of Game Items and/or Game Currency, we will promptly remove the relevant Game Item and/or Game Currency from your Account and will refund you within 14 days from the date that we received your notice of cancellation. Such refunds shall be made through the same means of payment that you used in the original transaction.

THE GAME ITEMS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. UNLESS OTHERWISE EXPRESSLY STATED BY US, NONE OF THE GAME ITEM OR IN-GAME CURRENCY ARE TRANSFERRABLE, TRADABLE, IN WHOLE OR IN PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES.

Schedule 3 – Addendum for residents in Egypt

Paragraph 6(a) of this Agreement is replaced in its entirety to the following:

6. GAME ITEMS AND GAME CURRENCY

Schedule 4 – Addendum for residents in Malaysia

Paragraph 6(a) of this Agreement is replaced in its entirety to the following:

6. GAME ITEMS AND GAME CURRENCY

You have a legal right to cancel and return your purchase of Game Items and/or Game Currency within 14 days from the date of which you or an authorized third party designated by you has taken possession of the Game Items and/or Game Currency (“Cancellation Period”), provided that the Game Items and/or Game Currency had a misleading trade description, was of poor quality, or unfit for its stated purpose. To exercise your right of cancellation and return of the Game Items and/or Game Currency, you must provide your notice to us via our customer service email address at service@eudemons.com with a clear statement setting out your intention to cancel and return the Game Item and/or Game Currency, with details of your name, Account ID, postal address and where applicable, your telephone number, fax number and email address linked to your Account within the Cancellation Period. Your purchase of Game Items and/or Game Currency will be deemed cancelled if you have sent your notice to cancel/refund before the expiry of the Cancellation Period. Upon the cancellation of your purchase of Game Items and/or Game Currency, we will promptly remove the relevant Game Item and/or Game Currency from your Account and will refund you within 14 days from the date that we received your notice of cancellation. Such refunds shall be made through the same means of payment that you used in the original transaction.

Schedule 5 – Addendum for residents in Philippines

Paragraph 6(a) of this Agreement is replaced in its entirety to the following:

6. GAME ITEMS AND GAME CURRENCY

You have a legal right to cancel and return your purchase of Game Items and/or Game Currency within 14 days from the date of which you or an authorized third party designated by you has taken possession of the Game Items and/or Game Currency (“Cancellation Period”), provided that the Game Items and/or Game Currency had a misleading trade description or was defective. To exercise your right of cancellation and return of the Game Items and/or Game Currency, you must provide your notice to us via our customer service email address at service@eudemons.com with a clear statement setting out your intention to cancel and return the Game Item and/or Game Currency, with details of your name, Account ID, postal address and where applicable, your telephone number, fax number and email address linked to your Account within the Cancellation Period. Your purchase of Game Items and/or Game Currency will be deemed cancelled if you have sent your notice to cancel/refund before the expiry of the Cancellation Period. Upon the cancellation of your purchase of Game Items and/or Game Currency, we will promptly remove the relevant Game Item and/or Game Currency from your Account and will refund you within 14 days from the date that we received your notice of cancellation. Such refunds shall be made through the same means of payment that you used in the original transaction.