Latest update: August, 2018
1. Introduction
This Terms of Service, including our Privacy Policy, which is incorporated herein by reference (“Agreement”) is a legal agreement between you as an individual and Xiamen Mechanist Internet Technologies Co., Ltd. (hereinafter referred to as Mechanist Games) , a company based in Room 0455, 109 Lot, No.62 North Chengyi Street, Software Park III, Xiamen, China. It governs your access to, conduct in, and other terms and conditions relating to our operation and your use of the interactive experience in online games ( “hereinafter referred to as the “Mechanist Products” ), which the Mechanist Products may, but do not necessarily include: (a) associated software components; (b) Game play; (c) graphic and audio elements; (d) media; (e) the websites (the “Site”); (f) social components (such as but not limited to on-line communities, user-to-user communication, and chat rooms); (g) printed materials; (h) virtual resources, goods, and services; (i) “online” or electronic documentation; as well as (j) other elements that may be added from time to time.
By using the Mechanist Products, you agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Mechanist Products between you and Mechanist Games, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If you do not agree to the terms of this Agreement, you are not authorized to download, operate, or otherwise use the Mechanist Products.
Mechanist Games reserves the right to update or change this Agreement at any time by posting the most current version of the Agreement on the Site with a new Effective Date shown. All such changes in the Agreement shall be effective from the Effective Date. Your continued use of the Mechanist Products after we post any changes to the Agreement signifies your agreement to any such changes. If you do not agree to the then-current Agreement, you must immediately discontinue using the Mechanist Products.
The Mechanist Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and Mechanist Games, the Mechanist Products are the sole and exclusive property of Mechanist Games. You will not acquire any rights in connection with the Mechanist Products, or any individual components or elements of the Mechanist Products, through your use.
Your use of the Mechanist Products is solely controlled by this Agreement which cannot be changed except by a written agreement signed by both you and a fully authorized representative of Mechanist Games.
You must be at least 13 years of age to access and use the Mechanist Products. If you are at least 13 years of age but below 18 years of age or such other age of majority required for this Agreement to be binding and enforceable against you and not voidable (“Age of Majority”), your parent or legal guardian must establish an account with us in order for you to access and use the Mechanist Products. Parents and legal guardians who establish an Account with us for use by their child/ward or otherwise permit their child/ward access to the Services through their Account guarantee the compliance by the child/ward of the obligations under this Agreement. (Please also see Clause 3.2.)
2. Definitions
""Mechanist Product(s)"" is used as shorthand for our online games and their follow-up versions(including versions of IOS/Android/PC/Website ) and their mobile games, virtual social platform app, information headline app, chatting tools, information board，etc. The ongoing supply of any particular Mechanist Product is not guaranteed.
"Stopping “or to "Stop" an account includes temporarily or permanently banning, terminating or muting an account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned or terminated, you will not be able to access your account and any licenses previously granted to you to use Mechanist Products will be revoked. This means you will lose your account, characters and any in-game items or currency. More information about when Mechanist Games may Stop your account can be found in section 7, section 8 and section 9 of these terms and conditions.
"User Content" means all information of any kind (including text, images, video, information and messages) uploaded or sent by users on or in connection with our services. Our services may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of User Content.
"Virtual Items” means (a) virtual currency, including but not limited to virtual coins, gems, cash, tokens, or points, all for use in the Mechanist Products and (b) virtual in-game items.
"Virtual Currencies" is used to describe the in-game currencies that can be purchased in certain Mechanist Products.
Other terms are defined in context below.
3. Terms of the agreement
3.1 Execution requisites
Our allowance to you to use and access the Mechanist Products is conditioned upon your agreement to all of the terms and conditions contained in the Agreement. Such additional terms and conditions including the Privacy Policy, any rules, guidelines, codes of conduct or instructions specified in any Mechanist Products including our game rules are hereby incorporated in this Agreement by reference. Your use of Mechanist Products constitutes your agreement to all such terms and conditions. If you do not agree, you should not access or use such Mechanist Products.
3.2 Eligibility
By registering for an Account or otherwise using our Mechanist Products, undertake, represent and warrant that you have reached the Age of Majority. If you are at least 13 years of age but less than the Age of Majority and wish to use the Mechanist Products, your parent(s) or legal guardian(s) must complete the registration process, open an Account in their name(s), and accept full responsibility for all obligations under this Agreement. Parents and legal guardians who establish an Account with us for use by their child/ward guarantee the compliance by the child/ward of the obligations under this Agreement.
Only one person may use an Account to access the Mechanist Products. The registered user of an Account may use the Account or may choose instead to permit their child/ward of the registered user to use the Account but such child/ward must be at least 13 years old. You represent that you are age 13 or older and you understand and agree to this Agreement.
You shall not permit the use or access of the Mechanist Products through your Account by your child/ward if they are below the age of 13 years old.
You are liable for all activities conducted through your Account, whether or not authorized by you, including without limitation all purchases and in particular, parents or guardians are liable for all activities of their minor child conducted through the Account.
3.3 Amendments
We reserve the right, as our sole discretion, to amend, update, change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Agreement on the Site or within the Mechanist Products, upon the conditions, including but not limitation: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations tithe services; and (e) to improve clarity and consistency. Your use of Mechanist Products after the amended Agreement comes into effect constitutes your agreement to the amended Agreement.
4. License
By agreeing the agreement, we grant you a non-exclusive, non-transferable, non-sharable, personal, limited license, which can be revoked at any time, to use the services for non-commercial purposes in accordance with the terms of this Agreement.
4.1 Intellectual property rights and ownership
THE MECHANIST PRODUCTS AND ANY ASSOCIATED SOFTWARE ARE LICENSED, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE MECHANIST PRODUCTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTEREST IN ANY MECHANIST PRODUCTS OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MECHANIST GAMES.
Materials (including without limit all information, software, data, text, photographs, graphics, sound, marks and video) placed within our services by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. The Mechanist Products comprise of content, including but not limitation, MECHANIST ®, and other intellectual property are registered and/or unregistered in China and other countries, belongs to us and/or our licensors and that are protected by copyright, trademark, and other intellectual property laws and international convention.
All intellectual property or other rights in any game character, account, content, virtual currency, game resource and virtual items in our services are and will remain the property of us and/or our licensors. You are only granted limited permission (which can be revoked at any time) to use such content or our services, subject to and in accordance with the terms of the Agreement.
All third party’s intellectual property are the property of their respective owners.
We are entitled to immediately terminate this license, without any liability to you in the event of your any violation of the terms of this Agreement.
You may not use the Mechanist Products or the intellectual property comprised in the Mechanist Products in a manner that constitutes an infringement of our or our licensors’ rights.
4.2 License Limitations
4.2.1 Maintenance of Copyright and Trademark Notices. You must not remove or alter any copyright or trademark notices that appear anywhere within the Mechanist Products.
4.2.2 Distribution. The license granted hereunder is non-transferable. The Mechanist Products are licensed for your use only and you own or control and as set forth by the Usage Rules in the Apple App Store Terms and Conditions (if licensed through an Apple Source), the Android Market Terms and Conditions (if licensed through an Android Source), the Rules of the Mechanist Products hereby incorporated in this Agreement by reference and at the Site. You may not distribute the Mechanist Products to any third party.
4.2.3 Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Mechanist Products, or take any steps to recreate of recover the source code of the Mechanist Products, except and only to the extent that such activity is expressly permitted by applicable law.
4.2.4 Rental.You may not rent, lease, or lend the Mechanist Products, or offer it for any commercial use or purpose.
4.2.5 Your Conduct as a User of the Mechanist Products. You are responsible for your conduct as a member of the community and as a user of the Mechanist Products.
You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your avatar, which:
(a) Is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
(b) Could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
(c) Is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
(d) Constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
(e) Is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity;
(f) Encourages or constitutes behavior that does not support a safe and comfortable environment for all users, whish conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Mechanist Products an uncomfortable experience for anyone;
(g) Restricts, inhibits, or discourages any other user from using the Mechanist Products or contains a virus or other harmful component;
(h) Hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the Mechanist Products experience;
(i) Violates any local, state, federal or international laws or gives rise to civil liability;
(j) Violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
(k) Imposes an unreasonable or disproportionately large load on the Mechanist Products or otherwise interferes with the Mechanist Products;
(l) Is a chain letter, or constitutes junk mail;
(m) Specifies or claims that that you are affiliated with Mechanist Games when you are not, including without limitation a “Game Master,” “Moderator,” or any other employee or agent of Mechanist Games;
(n) Requests account login information from other players;
(o) “Spoofs” (use of any means to disguise your online identity or alter original attribute information);
(p) Uses or possesses programs to ‘crack’ the Mechanist Products or other Internet security tools;
(q) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Mechanist Products;
(r) Restrict or inhibit any user from using and enjoying the Mechanist Products;
(s) Anything else that Mechanist Games in its sole determination deems harmful to the Mechanist Products’ or to Mechanist Games’ integrity or business.
You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Mechanist Products. You further agree that the contents of any messages or other communication sent from your account, whether in or through chat rooms, direct user-to-user communication, or by other means, is the property of Mechanist Games and may be accessed, reproduced, or distributed by Mechanist Games as it sees fit. Mechanist Games will fully cooperate with law enforcement and other governmental entities in policing the content of the Mechanist Products. If you are under the age of 18, Mechanist Games reserves the right to release transcripts of your chats, or other intra-Game communication, to your parents, guardian, or other adult authority figure(s).
We may, at our sole discretion, immediately suspend or terminate your access to the Mechanist Products should your conduct, in our sole determination, fail to conform to this Agreement.
4.2.6 Support Services. Mechanist Games may in its sole discretion provide you with support services related to the Mechanist Products (“Support Services”). Mechanist Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Mechanist Games under this Agreement. Any supplemental software code provided to you as part of the Support Services shall be treated as part of the Mechanist Products, as between you and Mechanist Games shall be and remain the sole property of Mechanist Games, and shall be subject to the terms and conditions of this Agreement.
4.2.7 Compliance with Applicable Laws. You will fully comply with all applicable laws regarding use of the Mechanist Products.
4.2.8 Account and Virtual Item Ownership. Virtual goods and currency may be offered as a feature of the Mechanist Products. Your election to make a purchase will be an offer to Mechanist Games to purchase at the prices and on the terms set forth herein and in the Mechanist Products. Completion of the transaction will constitute Mechanist Games’ acceptance of your offer. Mechanist Games will have no liability as a result of any failure of any transaction to be completed. No transaction will be deemed completed until such time as Mechanist Games has received payment from the credit card processor for the virtual goods or currency that is the subject of the applicable transaction.
You may not buy, sell, give or trade any account, nor attempt to buy, sell, give or trade any account. Mechanist Games owns, has licensed, or otherwise has rights to all of the content that appears in the Mechanist Products. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Mechanist Products, or any other attributes associated with an account. Mechanist Games does not recognize any purported transfers of virtual property executed outside of the Mechanist Products, or the purported sale, gift or trade in the “real world” of anything that appears or originates therein. Virtual goods that may be originally acquired by “farming” are subject to confiscation by Mechanist Games. You may not sell in-Game items or currency for “real” money, or exchange those items or currency for value outside of the Mechanist Products. Under no circumstances will refunds be given for virtual goods. In connection with virtual goods, all sales are final.
You shall not create, modify, adapt, reverse engineer, recompile, reproduce, publish or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Mechanist Products, or otherwise use the Software and Mechanist Products except as may be expressly provided in this Agreement or to the extent permitted by law or relevant open source licenses.
Please note that any such activity may constitute civil wrongs and/or criminal offences, and we reserve the right to take such action as appropriate in the circumstances should we become aware that such offences are being committed.
5. Account and Securities
5.1 Account
To access the Mechanist Products, we may require you to create an account. When setting up an account for accessing the Mechanist Products, you may be asked to choose a character name and set your own password (collectively “account info”).
You must not choose a character name that infringes the rights of any third party, impersonates our staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate.
We reserve the right to make such assessment in our sole discretion, change any character name for any reason or take such other action as we believe appropriate.
5.2 Security
You agree to keep your account info safe at all times and not to disclose it to any other person that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all activities of all persons who use your account info to gain access to your account. You are responsible To help ensure the safety of your account info, you must keep your device free of viruses and other malicious code including Trojans, worms, time bombs, malware and spyware.
In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify your Login platforms and submit an account recovery request.
Real Mechanist Games staff will never ask you for your account info.
6. User Content
6.1 User content
You will comply with and be bound by the policies and rules of our services relating to User Content, including our content standards policy as set out below.
We reserve the right without notice or refund to record, suspend, remove or delete User Content or to disclose to the relevant authorities any User Content or muted your account if: (a) it is the subject of a complaint; (b) if we consider that it breaches our terms and conditions (including our content standards policy) or the rules of a Mechanist Products; (c) if we consider that such steps are necessary to protect us or others; (d) a criminal act or civil wrong has been committed; or (e) we are required to do so by law or an appropriate authority.
If you wish to notify us of an allegedly defamatory statement contained on this website or you believe that material has been dealt with in a way which constitutes infringement of your intellectual property rights, Mechanist Games support may be reached by Contacting Us or via email at support@mechanist.co
above stating the following:
(a) Your contact details, including your full name, player name (if applicable), your postal address, telephone number and email address.
(b) The full details of the material complained about and the reasons for the complaint.
(c) The exact and full URL where you found the material.
(d) If the request relates to copyright, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder [or an authorized representative].
Please mark the letter for the attention of the “Customer Support Infringement Team” and ensure the letter is signed and dated. You have the ability to remove content which you have posted on a Mechanist Products forum. This can be done through the editing features within the Mechanist Products. If you would like assistance with this, please contact Mechanist Games via the customer support section of the applicable Mechanist Products websites. You should be aware that removing content from public display may not ensure the complete or comprehensive deletion of the posted content.
6.2 Content Standards Policy
This content standards policy sets out our requirements which apply to your User Content. This policy applies in addition to specific User Content policies, such as any policies on forum posts, in-game chat and private messaging or other policies within our services from time to time. In addition to agreeing to comply with the terms of this policy, you also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach this policy. You are solely responsible for your User Content including any User Content you place on any wiki, third-party platform or forum.
• User Content Must:
(a) be accurate, complete, uploaded or sent in good faith and compliant with all applicable laws, regulations and codes of conduct; and
(b) only be uploaded or sent if you own the rights in such content, have appropriate permission from the rights owner, or are otherwise authorized by law.
• User Content Must Not:
(a) be obscene, hateful, inflammatory, threatening, harassing, sexually explicit or deceptive or fraudulent in anyway;
(b) promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable; be defamatory or an invasion of an individual's right to privacy;
(c) mock or denigrate other's religious beliefs, involve in sensitive political topics, and stigmatize national leaders and religious leaders;
(d) infringe the intellectual property or other rights of any third party, including copyrights, trademarks, database rights, any rights of confidentiality or any similar rights; attempt to or purport to impersonate any person or misrepresent your identity, affiliation or connection to any other person;
(e) include hyperlinks or connections to third party websites; contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any device software, hardware or network;
(f) reveal details that enable you or anyone else to be identified or contacted outside of the game (e.g. last name, postal/email address or telephone number);
(g) have any commercial purpose; and
(h) involve junk mail, spam, pyramid selling or similar schemes.
6.3 License of User Content
You agree that by submitting any material of any kind to us (including but not limited to posting chat) for any purpose connected with any services, you are giving us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, provided that we may not use User Content in violation of the Privacy Policy. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore, you warrant that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
6.4 Safety and abuse
We are under no obligation to (and do not) monitor User Content. You should be aware of the potential risks of using a service which includes extensive User Content. User Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that users will comply with our terms and conditions, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your own interests, you should not attempt to contact any user outside our services.
If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should report such inappropriate behavior to customer services as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the relevant services.
7. Virtual Items
7.1 Description
Virtual Items include (a) virtual currency, including but not limited to virtual coins, gems, cash, tokens, or points, all for use in the Mechanist Products and (b) virtual in-game items
a) Virtual Currencies can be used to acquire certain digital goods/services, which we describe below as "Items". If you obtain Virtual Currency from us, including through apple pay or google-play, you must check that they have been correctly credited to your account and tell us immediately if not. We have not authorized to any other third party or website or platform to sell our virtual currencies.
Virtual Currency do not have any inherent value and are not your own private property. When you purchase or receive Virtual Currency, you do not own the Virtual Currency. Instead they constitute a measurement of the extent of your license in a Mechanist Products. Similarly, any Virtual Currency balance shown in your account does not constitute a real-world balance or reflect any stored monetary value.
b) Virtual in-game items defined including but not limitation to game resource, gaming equipment, tools, mounts or any other relating in-game items and/or items could utilize in chatting board or virtual social platform operated by us. You can gain virtual in-game items by using virtual currencies or through users’ gaming behavior, such as campaigning, crusade or conquering.
7.2 Restriction
VIRTUAL ITEMS ARE FOR YOUR PERSONAL USE ONLY.
You must not sell or transfer them or make them available to anyone else or attempt to do so, or encourage anyone else to do any of these things.
We do not provide any cash or refunds for Virtual Currency or Items (except as required by law) and Virtual Currency and Items do not have any real world monetary value.
We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency and Items. For example, we may cap the amount of Virtual Currency which can be acquired, held or redeemed in any particular period or we may impose restrictions based on your country of residence.
FOR THE AVOIDANCE OF DOUBT, VIRTUAL CURRENCY HAVE NO CASH VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM MECHANIST AT ANY TIME.
7.3 Rights of our Action
We reserves the right to restrict access to, delete, reduce or liquidate Virtual Currency: (a) if you have misused the Virtual Currency or breached any of these terms and conditions; (b) if the Virtual Currency were awarded in error; (c) if a payment for Virtual Currency is charged back or otherwise cancelled or reversed; or (d) if you have used Virtual Currency to conduct any fraudulent or illegal activity.
We reserves the right to restrict access to or delete Items: (a) if you have misused the Items or breached any of these terms and conditions; (b) if the Items were purchased using Virtual Currency awarded in error; (c) if such virtual items are trading among users in real world which are strictly prohibited in this Agreement, or (d) if a payment for Virtual Currency used to purchase the Items is charged back or otherwise cancelled or reversed.
WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY THE VIRTUAL ITEMS PROGRAM FOR ALL OR ANY OF OUR MECHANIST PRODUCTS. BEFORE WE DELETE THE UNUSED VIRTUAL ITEMS, WE WILL ENDEAVOUR TO CONTACT YOU TO GIVE AT LEAST FOUR WEEKS TO REDEEM THEM.
IF YOUR ACCOUNT FOR A MECHANIST PRODUCT REMAINS DORMANT (I.E. IS NOT USED) FOR MORE THAN 150 DAYS, AND THERE IS UNREDEEMED VIRTUAL CURRENCY ASSOCIATED WITH YOUR ACCOUNT, WE MAY CHOOSE TO TERMINATE YOUR ACCOUNT.
YOU MAY ACTIVATE DORMANT ACCOUNT BY ASKING CUSTOMER SERVICE AND WE WILL SUPPORT YOUR ACTION THROUGH THECHNICAL TOOLS BY ACTIVATE YOUR ACCOUNT AND RECOVER VIRTUAL ITEMS IN THE ACCOUNT BASED ON THE DATA RECORD WHEN THE TERMINATION ACTED. HOW EVER THE ALLIANCE/ UNION RECORD WILL NOT RECOVER BECAUSE OF THE EFFECTIVENESS DEMAND AND LIFE CYCLE SETTING FOR THE ALLIANCE/ UNION.
8. TRADING AMONG USERS
All trading, sublicensing, renting, leasing, loaning, selling or transfers of Accounts, virtual currencies or virtual items, including without limitation, trading of Account ID, Account Names, Virtual Items and all out-of-game transfers, are strictly prohibited. Further, any transactions in connection with the Game Resources or other Mechanist Products amongst Users or provision of in-games services such as power-leveling for “real-world” payment or payment related to the Mechanist Products is strictly prohibited. Unless other permitted by us.
You shall not access or use any Account or Game Resource pursuant to any sublicense, rent, lease, loan, sale or prohibited transfer arrangement.
We are not responsible for any losses that occur, whether in relation to any trading activities. ANY AND ALL PROHIBITED CONDUCT MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED IN SUCH CONDUCT OR TRANSACTIONS OR TERMINATION OF ACCESS THROUGH ANY ACCOUNTS INVOLVED IN SUCH CONDUCT OR TRANSACTIONS.
9. Termination of User’s Account
We reserve the right to stop, terminate or suspend your account or our service If, acting reasonably, we consider that, including but not limit:
(a) our terms and conditions of this Agreement or any Mechanist Product rules have or may have been breached;
(b) there has been fraudulent, unlawful or abusive activity; or
(c) it is necessary in order to prevent or stop any harm or damage to us, to any Mechanist Product, to other players or the general public.
(d) your account remains dormant for more than 150 days.
We may at any time: (a) Stop (as defined above) any or all accounts for Mechanist Products; (b) restrict access to any content-uploading or other feature of our service; and/or (c) restrict access to or delete virtual items or anything acquired by means of virtual currency.
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY MECHANIST PRODUCT. UPON REASONABLE NOTICE TO YOU, WE MAY DEACTIVATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
10. Refund Policy
We are happy to review requests for refunds on a case by case basis. However, refunds are not always possible to give for many reasons.
Unless required by law, we will not refund any amounts paid in relation to our services when:
(a) You have been the victim of in-game scamming, as there are many warnings about avoiding this on the Mechanist Products (however, we will try to assist you to recover your account).
(b) You have been banned from any services provided by us for violating this Agreement, any rules of a Mechanist Product or the user content policy.
(c) We stop offering part or all of our services or you decide to cancel your account.
Please note, refunds are given at the sole discretion of us.
11. Privacy Policy
The terms of the Privacy Policy are incorporated into this agreement by reference. For a description of how we use your personal data, please see our Privacy Policy located.
12. Maintenance of our Services
We will use reasonable endeavors to maintain operation of our services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, temporally updates or emergency updates our services and we may have to suspend operation of any of our services without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.
13. Third Party
You may download our products or access our services through third party platforms (such as iOS App Store, Google Play Store or other authorized Android Markets). Our services may include links to internet sites or other technologies supplied by third parties which enable you to pay by means of payment methods provided by third parties, such as App Store or Google Playstore.
We make no promises about third party’s sites or their content, product or services as these are outside our reasonable control.
Any third party’s sites or technologies suggested are not endorsed, controlled or verified by us. We do not guarantee that any suggested technologies will work on your device or be virus free.
ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THIRD PARTY.
WE EXERCISES NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE THIRD PARTY.
14. LEGAL RESPONSIBILITY
Our services are provided on an “as is” and “as available” basis.
We do not warrant that you will be able to access or use our services at the times or locations of your choosing or that our services will be uninterrupted or free of errors. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our services or from your reliance on the quality, accuracy or reliability of our services.
We expressly disclaims liability for any loss or damage caused by us or our employees or agents in circumstances where a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; b) such loss or damage is not a reasonably foreseeable result of any such breach; or c) such loss or damage relates to a business.
By using or accessing our services, you agree to waive all legal duty of care owed to you by us to the maximum extent allowed by law. The maximum liability of us to you for losses or damages that you suffer in connection with our services or this Agreement shall not exceed the amount that you paid to us during the six (6) months prior to the time the cause of action arose.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LOSS OR DAMAGE, TO THE EXTENT THAT SUCH LIABILITY CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A MECHANIST PRODUCTS.
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
15. Dispute Resolution and Law
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by going to our customer service site by clicking customer service button within any of our services.
These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Mechanist Products shall be governed in all respects by the English law, without regard to conflict of law provisions.
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be submitted the exclusive jurisdiction of the courts of People’s Republic of China under the laws of People’s Republic of China without regard to its conflict of law provisions.
16. General
These agreement, Privacy Policy and any other rules, guidelines, codes of conduct or instructions incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersedes any previous terms and conditions between the parties in relation to such matters.
The limitations, exclusions and restrictions in these terms and conditions shall inure to the benefit of our licensors, successor and assigns. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.
If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced.
As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement.
17. LANGUAGE OF THE TERMS
If we provide a translated version of the Agreement or any other terms or policy, it is for informational purposes only. In the event of any conflict between a translation of this Agreement and the English version, the English version shall prevail.
18. Complaints
If you are dissatisfied with this agreement or any aspect of it, please contact us via our customer service site by clicking customer service button within any of our services. If you are unhappy with the outcome of your complaint, please write to our above providing us with the following information: your name, username, email address, the full details of your complaint, Mechanist Games’ previous response to your complaint and why you disagree with the outcome. Please mark the letter for the attention of the “Customer Support Complaints Team".
19. Rules for Dishonest Behavior Regarding Recharges
Honesty is the basic principle that users should follow when it comes to recharging. When a user pays Mechanist Games for game services, he will obtain the right to use virtual goods or other value-added services in-game (hereinafter referred to as “Recharge Earnings”). If a user has any misunderstanding, dissatisfaction, suggestion or other appeals, he/she can reach Mechanist Games via either support system or customer service email. If a user insists on a refund, he/she needs to notify Mechanist Games to remove Recharge Earnings with equal value via either support system or customer service email as soon as refund process starts. If a user refuses to notify Mechanist Games and continues to benefit from Recharge Earnings even after a refund process starts, there is a punishment consequence, including but not limited to the following: Warning, Game Stats Deduction, Disabling of Virtual Goods/Value-added Service, Disabling of Game System (temporary and permanent), Forced Disconnection from the Game Servers, Account Suspension, Account Deletion, IP Block and any other methods to stop this behavior. For severe violations, Mechanist Games reserves the right to pursue legal liability (including but not limited to civil and criminal liability).
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