Guangzhou Ziyu Tech Co., Ltd

Acceptance of Terms

These Terms of Use ("Terms") govern your relationship with Guangzhou Ziyu Tech Co., Ltd. ("Ziyu","we," "us," or "our") regarding your use of our games and services. By downloading, playing, or accessing our Services, you agree to be bound by these Terms, which also include our Privacy Notice and House Rules. If you do not agree with any part of these Terms, please refrain from using our Services.

It is important for you to read and understand these Terms. By installing, using, or accessing our Services, you acknowledge your acceptance of these Terms, along with our Privacy Policy and House Rules. If a minor uses our Services, their legal guardian must agree to these Terms as a condition of their use.

Changes of These Terms?

Ziyu reserves the right to periodically revise and update these Terms. The latest version will be available on our Website and relevant apps. You might need to review and agree to the updated Terms to keep using our Services.

Users and Publishers

Summary: If you download projects, you're considered a User. If you upload projects, you're deemed a Publisher. Users must be at least 13 years old. Publishers must be 18 or older, or have the legal authority to enter into this agreement.

Users: By creating an account to purchase, download, or play games or other content on itch.io, you agree to adhere to the terms outlined in this Agreement as a platform user ("User"). You confirm that you are over 13 years old, as the Service isn't designed for children under 13.

Publishers: By setting up an account to sell, distribute, or publish games or other content on itch.io, you agree to comply with the terms specified in this Agreement as a platform publisher ("Publisher"). You affirm that you are either over 18 years of age or have obtained consent from a legal parent or guardian. Additionally, you confirm that you possess the full ability and authority to enter into the terms, conditions, obligations, affirmations, representations, and warranties detailed in this Agreement.

User Interaction

To use Ziyu's Services, you must:

· Understand that our Services may allow you to communicate with other users or post materials publicly.

· Be responsible for any User Content you post through our Services.

· Grant Ziyu a royalty-free, worldwide, non-exclusive, and sub-licensable right to use any User Content, including your Intellectual Property.

· Recognize that User Content is non-confidential. If you have information you wish to keep private, do not post it on our Services. We are not obligated to evaluate or compensate you for any submitted ideas or information.

· Follow our House Rules when posting or interacting through our Services.

· Accept that we can reject, modify, or delete any User Content at our discretion, including content that violates our Terms, Privacy Policy, or House Rules. This may involve monitoring and recording your interactions.

· Assume all risks associated with using User Content on our Services. Ziyu is not liable for the accuracy or content of user posts or any loss or claim resulting from your use of User Content.

User Conduct Guidelines

At Ziyu, we are committed to providing a safe and enjoyable gaming environment for all users. To ensure this, please adhere to the following guidelines:

· Illegal Activities: Users must not engage in any illegal activities within our games. This includes, but is not limited to, infringing on the rights of others, spreading false information, or distributing obscene or harmful content.

· Game Integrity: Users must not disrupt the normal operation of the game. This includes refraining from using cheats, hacks, or any software intended to gain an unfair advantage, as well as avoiding any malicious attacks on our servers or systems.

· Commercial Use: Users are prohibited from using our games for commercial purposes. This includes selling or trading in-game items, accounts, or any other virtual goods.

· Impersonation and False Information: Users must not impersonate other individuals or publish false or misleading information. Maintaining honesty and transparency is crucial for a positive community experience.

By following these guidelines, you help us maintain a fair and enjoyable environment for everyone. Thank you for being a part of the Ziyu community.

Intellectual Property

We retain all rights, ownership, and interest in the Services. This means that all copyrights, trademarks, code, software, characters, themes, character names, game names, storylines, dialogue, settings, artwork, sound effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any other rights related to the Services remain our exclusive property. The Services may not be copied, reproduced, or distributed in any form or medium without our prior written consent, which we may grant or deny at our discretion.

This permission will automatically terminate either when you dispose of the Services or if we choose to revoke it in accordance with these Terms.

Refund Policy

Definition: In this policy, "virtual goods" include but are not limited to in-game currency, equipment, items, services, privileges, etc., all of which exist in digital form and do not have a physical counterpart.

No Refunds Policy: Once a virtual good is purchased and successfully used, it is considered consumed. Due to the nature of virtual goods, we do not offer any refunds. Users should carefully consider and confirm their needs before making a purchase.

Purchase Confirmation: Before purchasing virtual goods, users should read and understand this policy thoroughly. By making a purchase, users confirm that they have fully understood and accepted this policy and agree to waive any right to a refund.

All information collected through our Websites, Services, and Games is governed by our Privacy Policy. By accessing and using our Services, including the Websites, you consent to our collection, use, and management of your information as described in the Privacy Policy. This policy outlines how we collect, use, store, and protect your data, as well as your rights regarding your personal information. We encourage you to review the Privacy Policy regularly to stay informed about any updates or changes. Your continued use of our Services signifies your acceptance of our privacy practices and any modifications to the policy.

Liability for Claims and Expenses

You agree to defend, indemnify, and hold Ziyu, along with its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or are related to your breach of these Terms of Use or your use of the Services, including the Websites.

Termination

These Terms remain in effect until terminated by either you or us. You can terminate these Terms at any time by informing us that you no longer wish to use the Sites, or by discontinuing your use of the Sites.

If we determine, at our sole discretion, that you have failed, or if we suspect you have failed, to comply with any part of these Terms, we reserve the right to terminate these Terms at any time without prior notice and/or deny you access to the Sites.

Any provisions of these Terms, along with any applicable Additional Terms, that are intended to survive the termination of your use of the Sites (or any parts thereof) will continue to remain in effect.

Governing Law and Jurisdiction

These Terms of Use and any issues related to the Services, including the Websites, shall be governed by the laws of the People's Republic of China, specifically those of Guangzhou Tianhe District. This includes any disputes or claims arising from or connected to these Terms.

Any legal actions or proceedings related to these Terms or the Services must be conducted exclusively in the courts of Guangzhou Tianhe District. By agreeing to these Terms, you consent to the jurisdiction and venue of these courts and waive any objections to such jurisdiction.

Warranty Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. GUANGZHOU ZIYU TECH CO., LTD. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. ZIYU MAKES NO WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT, AND ASSUMES NO LIABILITY FOR ANY ERRORS, DAMAGES, OR SECURITY ISSUES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING THIRD-PARTY CONTENT OR ADVERTISED PRODUCTS.

ZIYU ALSO DISCLAIMS RESPONSIBILITY FOR ANY TRANSACTIONS WITH THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES ADVERTISED THROUGH THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ZIYU AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE, YOUR ACCOUNT, OR YOUR CONTENT. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTIONS, OR OTHER COMMERCIAL DAMAGES OR LOSSES. ZIYU AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATED TO THE SERVICE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF CAUSED BY FAULT, TORT (EXCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF WARRANTY.

THIS LIMITATION APPLIES EVEN IF A REMEDY FAILS TO MEET ITS PURPOSE. IN STATES OR JURISDICTIONS WHERE EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE NOT ALLOWED, ZIYU'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Contact

If you have any questions about these Terms or our Services you may contact us at [email protected].