Terms Of Service

By downloading or using the App, these Terms will automatically apply to you. Therefore, you should make sure to read them carefully before using the application. The application itself and all trademarks, copyrights, database rights and other intellectual property rights related to it belong to Algenubi Games Co., Limited.

1.INTELLECTUAL PROPERTY

Algenubi Games Co., Limited retains all right, title and interest in and to the Service and any content available therein, including, but not limited to, any games, codes, user accounts, objects, themes, artwork, characters, animations, sounds, musical compositions, audio-visual effects, layout, text, data, files, images, graphics, the “look and feel” of the Service, documentation, gaming history, recording of game play, and moral rights, whether registered or not.

Notwithstanding anything to the contrary that may be contained in the Terms, you acknowledge and agree that you have no ownership or other property interest in the Account and the content in the Account (including, without limitation, in-game currency). Ownership of User Accounts and the Content within the Accounts shall at all times remain with and inure to the benefit of Algenubi Games Co., Limited.

You agree not to copy, redistribute, publish or otherwise exploit material from the Service without the prior express written permission of Algenubi Games Co., Limited.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Algenubi Games Co., Limited in connection with the use of the Service shall be the exclusive property of Algenubi Games Co., Limited. You agree that, except where otherwise prohibited by law, Algenubi Games Co., Limited may use, sell, exploit and disclose these ideas in any manner without restriction and without compensation to you.

2.PURCHASES & GAME CURRENCY

Certain features of the Service may require payment. These features may include the possibility to purchase upgrades (such as access to certain elements of the Service) or to purchase virtual currency to play the Games ("Game Currency"). Applicable fees associated with corresponding features of the Services are displayed on the Services. We reserve the right to change the pricing of goods and services (including in-game currency) offered through the Services at any time.

In-game currency can be purchased with real money or earned while playing the game, but they have no cash value. Any in-game currency you purchased or earned by playing is licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use within the Service only.

Regardless of the term used, virtual items and in-game currency are never redeemable for "real world" money, merchandise or other items of monetary value from Algenubi Games Co., Limited or any other party. Prices and availability of virtual items are subject to change without notice.

Any in-game currency or upgrades begins immediately upon purchase, and any withdrawal rights, cancellation rights, or "cooling off periods" do not apply. Any in-game currency or upgrade license payments are always final and non-refundable. Any costs incurred due to network reasons are your own responsibility.

3.USER CONTENT

You are solely responsible for any text, communications, images, information, other data and content that you submit on the Service or transmit to other users of the Service. You are responsible for complying with all laws that apply to your User Content. We are not responsible for the actions of any user of the Service.

You agree not to submit to the Services or transmit to other users of the Services any defamatory, profane, obscene, inaccurate, abusive, sexually oriented, offensive, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity).

We have no obligation to review User Content, but we may review and remove User Content at our sole discretion and without notice. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted to the Service, is entirely at your own responsibility and risk.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information you provide about the Services are non-confidential. We shall own exclusive rights and shall be entitled to unrestricted use and dissemination for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

4.PRIVACY AND SECURITY

Algenubi Games Co., Limited collects your personal information in order to provide services to you, or for other purposes described in our Privacy Policy.

The information you provide may be disclosed to third parties who help us provide our services (such as communications providers or business partners), or as required by law.

The Services may include social media features and/or plug-ins that enable you to share certain content (such as communications or scores) with others. Please use caution when sharing content that contains personal data on the Service, especially when sharing it with other users of the Service.

5.DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT, AND THAT THE Algenubi Games Co., Limited PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.

WITHOUT LIMITING THE FOREGOING, THE Algenubi Games Co., Limited PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE. THE Algenubi Games Co., Limited PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Algenubi Games Co., Limited PARTIES SHALL NOT BE LIABLE FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE Algenubi Games Co., Limited'S CONTENT AND SERVICE INCLUDING, BUT NOT LIMITED TO, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES OR LOSSES.

6.INDEMNIFICATION

You agree to indemnify and hold Algenubi Games Co., Limited (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, made by any third party due to or arising out of your use of or access to the services, violation of these Terms, violation of any law or rights of third parties. You agree that the provisions in this paragraph will survive any termination of your Account(s) or the Service.

7.Dispute Resolution and Arbitration

a.Purpose

This Dispute Resolution and Arbitration Provision ("Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you and Algenubi Games Co., Limited.

b.Informal Dispute Resolution

Algenubi Games Co., Limited wants to address your concerns without needing a formal legal case.  Before filing a claim against Algenubi Games Co., Limited, you agree to try to resolve the Dispute informally by contacting support@algenubigames.com.  Similarly, Algenubi Games Co., Limited will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Algenubi Games Co., Limited may initiate an arbitration proceeding as described below.

If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and Algenubi Games Co., Limited agree that all Disputes, between you and Algenubi Games Co., Limited will be settled by binding arbitration, unless otherwise provided herein.

c.Opt-out of Agreement to Arbitrate

You may decline this agreement to arbitrate by contacting support@algenubigames.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.  By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Algenubi Games Co., Limited will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.

d.Arbitration Procedures – United States Users

If this Provision applies and the Dispute is not resolved as provided above ("b.Informal Dispute Resolution") either you or Algenubi Games Co., Limited may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration. Unless both you and Algenubi Games Co., Limited agree in writing, the arbitrator shall not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. All issues shall be for the arbitrator to decide, including the scope and enforceability of this Provision, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules for Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes.

However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Payment of Arbitration Fees and Costs – Each Party shall pay its own arbitration filing fees and arbitrator's costs and expenses. You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.

e.Arbitration Procedures – Users Outside the United States

For Disputes between the Algenubi Games Co., Limited and users who are not residents of the United States that are not resolved through the Informal Dispute Resolution procedures set forth above, either you or Algenubi Games Co., Limited may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre ("HKIAC") for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.

The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

f.Arbitration Shall Proceed Individually

Regardless of your County of Residence or the rules of a given arbitration forum, you and Algenubi Games Co., Limited agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Algenubi Games Co., Limited may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Algenubi Games Co., Limited will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

g.Class Action and Collective Arbitration Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR Algenubi Games Co., Limited SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF THIS SUBSECTION 7(G) (CLASS ACTION AND COLLECTIVE ARBITRATION WAIVER) IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 7 (DISPUTE RESOLUTION AND ARBITRATION) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.

h.Exceptions to Agreement to Arbitrate

Notwithstanding your and Algenubi Games Co., Limited’s agreement to arbitrate Disputes, either you or Algenubi Games Co., Limited may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief.

i.Severability

If any clause within this Provision (other than the Class Action and Collective Arbitration Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action and Collective Arbitration Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

j.Continuation

This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.

8.CONTACT US

If you have any questions or suggestions about our terms, please feel free to contact us at support@algenubigames.com.