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Last Updated: October14, 2024

親愛的用戶您好:
為保障您的權益，請在註冊並使用香港商旺拓有限公司台灣分公司（以下簡稱本公司）所提供之各項服務之前，詳細閱讀本協議條款所有內容，本協議之審閱期為三日。您登錄、顯示、運行本公司旗下所有遊戲或服務，或者使用該遊戲或服務之任一功能、任一部分，或以其他的方式使用該遊戲或服務之行爲，即視爲您同意並願意接受本協議各項條款之約束。
本協議自西元2024年10月14日生效。

1. A Few Important Notices—Arbitration, Refunds, Class Actions and Damages
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE GAME TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 20 AND 21 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THESE GAME TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THESE GAME TERMS, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 11), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE.
2. What Is This Document? When Can I Play?

1. 當事人及其基本資料
1. 消費者：請依會員註冊流程填寫，以下簡稱甲方。
2. 企業經營者：香港商旺拓有限公司台灣分公司，以下簡稱乙方，相關資訊如下：
代表人：李韋勳
行政電話：02-26579066
營業所：台北市內湖區陽光街321巷56號4樓
電子郵件：[email protected]
統一編號：83159357
2. 適用範圍
乙方提供甲方網路連線遊戲服務及其他相關服務（以下簡稱本遊戲服務），甲乙雙方關於本遊戲服務之權利義務，依本協議條款之約定定之。
3. 法定代理人
1. 甲方為限制行為能力人者，本協議訂定時，應經甲方之法定代理人同意，本協議始生效力；甲方為無行為能力人者，本協議之訂定，應由甲方之法定代理人代為之。
2. 若有限制行為能力人未經同意或無行為能力人未由法定代理人代為付費購買點數致生法定代理人主張退費時，法定代理人得依官方流程或與線上客服聯繫申請未使用之消費款項退款。
3. 乙方應於官網首頁、遊戲登入頁面或購買頁面以中文明顯標示，若甲方為限制行為能力人或無行為能力人，除應符合第一項規定外，並應於甲方之法定代理人閱讀、瞭解並同意本協議之所有內容後，方得使用本遊戲服務，本協議條款變更時亦同。
4. 本遊戲服務中如有任何需要「確認」之步驟，乙方如為無行為能力人或限制行為能力人時，應由法定代理人代為確認，並由法定代理人連帶負擔由此行為所生之法律責任。
4. 協議之內容
1. 以下視為本協議之一部分，與本協議條款具有相同之效力：
  1. 乙方有關本遊戲服務之廣告或宣傳內容。
  2. 計費制遊戲之費率表及遊戲管理規則。
2. 本協議條款如有疑義時，應為甲方有利之解釋。
5. 名詞定義
本協議之名詞定義如下：
  1. 網路連線遊戲：係指甲方透過電腦、智慧型裝置或其他電子化載具，連結網際網路至乙方指定之伺服器所進行連線遊戲。但不包括電子遊戲場業管理條例所稱電子遊戲機、單純區域連線或其他無需透過網路連結遊戲伺服器之遊戲服務。
  2. 遊戲網站：係指由乙方為提供本遊戲服務所建置之網站。
  3. 遊戲管理規則：係指由乙方訂立，供為規範遊戲進行方式之規則且不影響雙方協議上之權利義務者。
  4. 遊戲歷程：係指自甲方登入本遊戲起至登出本遊戲時止，電腦系統對甲方遊戲進行過程所為之紀錄。
  5. 外掛程式：係指非由乙方提供，以影響或改變乙方網路連線遊戲運作為目的之程式。
6. 服務範圍
本協議所提供之遊戲服務，係由乙方指定之伺服器，讓甲方透過網際網路連線登入使用本遊戲服務；惟不包括甲方向網際網路接取服務業者申請接取網際網路之服務，及提供上網所需之各項硬體設備。
7. 遊戲登錄
1. 甲方申請使用本遊戲服務，應依申請流程，於遊戲內登錄所需之個人資料或其他必要資訊。
2. 為確保甲方使用本遊戲服務之權益，甲方提供之資料應可驗證身分，若有不正確或已變更時，應立即通知乙方更新。
3. 乙方若有為提供本遊戲服務與甲方聯絡之必要，而甲方未提供正確之個人資料或原提供之資料不符合真實且未更新，乙方得於甲方提供真實資料或更新資料前，暫停甲方遊戲進行及遊戲歷程查詢之服務；惟甲方能證明其為協議當事人者，不在此限。
8. 協議解除權規定
1. 甲方得於開始遊戲後七日內，以書面告知乙方解除本協議，甲方無需說明理由及負擔任何費用。
2. 前項情形，甲方得就未使用之付費購買點數向乙方請求退費。
9. 計費方式
1. 本遊戲服務販售方式為買斷制。
2. 本遊戲服務內（例如：遊戲商城、線上商店等）有提供需甲方額外付費購買之點數、商品或其他服務（例如：虛擬貨幣或寶物、進階道具等），乙方應在官網首頁、遊戲登入頁面或購買頁面公告載明付款方式及商品資訊。
3. 費率調整時，乙方應於預定調整生效日三十日前於官網首頁、遊戲登入頁面或購買頁面公告；若甲方於註冊帳號時已登錄通訊資料者，並依甲方登錄之通訊資料通知甲方。
4. 費率如有調整時，應自調整生效日起按新費率計收；若新費率高於舊費率時，甲方在新費率生效日前已於官網中登錄之付費購買點數或遊戲費用應依舊費率計收。
10. 本遊戲服務應載明之資訊
乙方應於官網首頁、遊戲登入頁面或購買頁面及遊戲套件包裝上載明以下事項：
1. 依遊戲軟體分級管理辦法規定標示遊戲分級級別及禁止或適合使用之年齡層。
2. 進行本遊戲服務之最低軟硬體需求。
3. 有提供安全裝置者，其免費或付費資訊。
4. 有提供直接或間接、部分或全部付費購買之機會中獎商品或活動，其活動內容、獎項、中獎機率百分比及中獎等資訊，並應記載「此為機會中獎商品，消費者購買或參與活動不代表即可獲得特定商品」等提示。
1. 前項第四款所稱機率，指甲方付費後取得機會中獎商品或完成活動設定條件之機率。
11. 帳號與密碼之使用
1. 甲方完成註冊程序後取得之帳號及密碼，僅供甲方使用。
2. 前項之密碼得依乙方提供之修改機制進行變更。乙方人員（含客服人員、遊戲管理員）不得主動詢問甲方之密碼。乙方應於協議終止後三十日內，保留甲方之帳號及附隨於該帳號之電磁紀錄。
3. 協議非因可歸責甲方之事由而終止者，甲方於前項期間內辦理續用後，有權繼續使用帳號及附隨於該帳號之電磁紀錄。
4. 第二項期間屆滿時，甲方仍未辦理續用，乙方得刪除該帳號及附隨於該帳號之所有資料，但法令另有規定者不在此限。
5. 如甲方通過第三方平臺賬號使用、登錄本遊戲服務，則需同步遵守第三方平臺相關規範（包括但不限於第三方平臺的退款政策等）。
12. 帳號密碼遭非法使用之通知與處理
1. 當事人一方如發現帳號、密碼被非法使用時，應立即通知對方並由乙方進行查證，經乙方確認有前述情事後，得暫停該組帳號或密碼之使用權，更換帳號或密碼予甲方，立即限制第三人就本遊戲服務之使用權利，並將相關處理方式揭載於遊戲管理規則。
2. 乙方應於暫時限制遊戲使用權利之時起，即刻以官網公告、推播、遊戲內信件或電子信箱通知前項第三人提出說明。如該第三人未於接獲通知時起七日內提出說明，乙方應直接回復遭不當移轉之電磁紀錄予甲方，如不能回復時可採其他雙方同意之相當補償方式，並於回復後解除對第三人之限制。但乙方有提供免費安全裝置（例如：防盜卡、電話鎖等）而甲方不使用或有其他可歸責於甲方之事由，乙方不負回復或補償責任。
3. 第一項之第三人不同意乙方前項之處理時，甲方得依報案程序，循司法途徑處理。
4. 乙方依第一項規定限制甲方或第三人之使用權時，在限制使用期間內，乙方不得向甲方或第三人收取費用。
5. 甲方如有申告不實之情形致生乙方或第三人權利受損時，應負一切法律責任。
13. 遊戲歷程之保存與查詢
1. 乙方應保存甲方之個人遊戲歷程紀錄，且保存期間為三十日，以供甲方查詢。
2. 甲方得以書面、網路，或親自乙方之服務中心申請調閱甲方之個人遊戲歷程，且須提出與身分證明文件相符之個人資料以供查驗，查詢費用如下，由甲方負擔：新台幣二百元。
3. 乙方接獲甲方之查詢申請，應提供第一項所列之甲方個人遊戲歷程，並於七日內以儲存媒介或書面、電子郵件方式提供資料。
14. 個人資料
關於個人資料之保護，依相關法律規定處理。
15. 電磁紀錄
1. 本遊戲之所有電磁紀錄均屬乙方所有，乙方並應維持甲方相關電磁紀錄之完整。
2. 甲方對於前項電磁紀錄有使用支配之權利，但不包括本遊戲服務範圍外之移轉、收益行為。
16. 連線品質
1. 乙方為維護本遊戲服務相關系統及軟硬體設備而預先規劃暫停本遊戲服務之全部或一部時，應於七日前於官網首頁、遊戲登入頁面或購買頁面公告。但因臨時性、急迫性或不可歸責於乙方之事由者，不在此限。
2. 因可歸責乙方事由，致甲方不能連線使用本遊戲服務時，乙方應立即更正或修復。對於甲方於無法使用期間遭扣除遊戲費用或遊戲內商品，乙方應返還遊戲費用或商品，無法返還時則應提供其他合理之補償。
17. 企業經營者及消費者責任
1. 乙方應依本協議之規定負有於提供本服務時，維護其自身電腦系統，符合當時科技或專業水準可合理期待之安全性。
2. 電腦系統或電磁紀錄受到破壞，或電腦系統運作異常時，乙方應於採取合理之措施後儘速予以回復。
3. 乙方違反前二項規定或因遊戲程式漏洞致生甲方損害時，應依甲方受損害情形，負損害賠償責任。但乙方能證明其無過失者，得減輕其賠償責任。
4. 乙方電腦系統發生第二項所稱情況時，於完成修復並正常運作之前，乙方不得向甲方收取費用。
5. 甲方因共用帳號、委託他人付費購買點數衍生與第三人間之糾紛，乙方得不予協助處理。
18. 遊戲管理規則
1. 為規範遊戲進行之方式，乙方應訂立合理公平之遊戲管理規則，甲方應遵守乙方公告之遊戲管理規則。
2. 遊戲管理規則之變更應依第二十一條之程序為之。
3. 遊戲管理規則有下列情形之一者，其規定無效：
1. 牴觸本協議之規定。
2. 剝奪或限制甲方之協議上權利。但乙方依第十九條之規定處理者，不在此限。
19. 違反遊戲管理規則之處理
1. 除本協議另有規定外，有事實足證甲方於本遊戲服務中違反遊戲管理規則時，乙方應於官網首頁、遊戲登入頁面或購買頁面公告，並依甲方登錄之通訊資料通知甲方。
2. 甲方第一次違反遊戲管理規則，乙方應通知甲方於一定期間內改善。經乙方通知改善而未改善者，乙方得依遊戲管理規則，按其情節輕重限制甲方之遊戲使用權利。如甲方因同一事由再次違反遊戲管理規則時，乙方得立即依遊戲管理規則限制甲方進行遊戲之權利。
3. 乙方依遊戲管理規則限制甲方進行遊戲之權利，每次不得超過七日。
20. 申訴權利
1. 甲方不滿意乙方提供之連線品質、遊戲管理、費用計費、其他相關之服務品質，或對乙方依遊戲管理規則之處置不服時，得於收到通知之翌日起七日內至乙方之服務中心或以電子郵件或書面提出申訴，乙方應於接獲申訴後，於十五日內回覆處理之結果。
2. 乙方應於官網或遊戲管理規則中明定服務專線、電子郵件等相關聯絡資訊與二十四小時申訴管道。
3. 甲方反映第三人利用外掛程式或其他影響遊戲公平性之申訴，依第一項規定辦理。
21. 協議之變更
1. 乙方修改本協議時，應於官網首頁、遊戲登入頁面或購買頁面公告之，並依甲方登錄之通訊資料通知甲方。
2. 乙方未依前項進行公告及通知者，其協議之變更無效。
3. 甲方於第一項通知到達後十五日內：
1. 甲方未為反對之表示者，乙方依協議變更後之內容繼續提供本遊戲服務。
2. 甲方為反對之表示者，依甲方終止協議方式處理。
22. 協議之終止及退費
1. 當購買本遊戲服務並支付成功後，即無法取消、更改、退費，第三方發行平台另有政策約定的除外。
2. 甲方得隨時通知乙方終止本協議。
3. 乙方得與甲方約定，若甲方逾一年期間未登入使用本遊戲服務，乙方得通知甲方於十五日內登入，如甲方屆期仍未登入使用，則乙方得終止本協議。
4. 甲方有下列重大情事之一者，乙方依甲方登錄之通訊資料通知甲方後，得立即終止本協議：
1. 利用任何系統或工具對乙方電腦系統之惡意攻擊或破壞。
2. 以利用外掛程式、病毒程式、遊戲程式漏洞或其他違反遊戲常態設定或公平合理之方式進行遊戲。
3. 以冒名、詐騙或其他虛偽不正等方式付費購買點數或遊戲內商品。
4. 因同一事由違反遊戲管理規則達三次（含）以上，經依第十九條第二項通知改善而未改善者。
5. 經司法機關查獲從事任何不法之行為。
5. 乙方對前項事實認定產生錯誤或無法舉證時，乙方應對甲方之損害負賠償責任。
6. 協議終止時，乙方於扣除30%通路成本與10%人事成本後(若匯款需扣除30元手續費)，於三十日內以現金、信用卡、匯票或掛號寄發支票方式退還甲方未使用之付費購買之點數或遊戲費用，或依雙方同意之方式處理前述點數或費用。
7. 遊戲中貨幣取得來源區分為二種，使用時消耗先後順序排列如下：
1. 有價點數(線上購點/點數卡儲值)
2. 免費點數(遊戲內活動取得、購點時額外贈送、其他活動兌換等)
8. 如甲方於遊戲內進行購買服務、道具等消耗動作時，會依照前項順序進行點數消耗。
9. 免費點數將不列入退費計算。
23. 停止營運
1. 因乙方停止本遊戲服務之營運而終止協議者，應於終止前三十日公告於官網首頁、遊戲登錄頁面或購買頁面，並依甲方登錄之通訊資料通知甲方。
2. 乙方未依前項期間公告並通知，除應退還甲方未使用之付費購買點數或遊戲費用且不得扣除必要成本外，並應提供其他合理之補償。
24. 送達
1. 有關本協議所有事項之通知，甲方同意乙方依甲方登錄之通訊資料為送達。
2. 前項登錄通訊資料若有變更，甲方應即通知乙方，乙方應依變更後之通訊資料為送達。
3. 乙方依甲方登錄之通訊資料所為之通知發出後，以書面通知到達甲方，或電子郵件進入甲方之電子郵件伺服器中，推定為已送達。
4. 因甲方之故意或過失致乙方無法為送達者，乙方對甲方因無法送達所致之損害不負賠償責任。
25. 準據法
本協議以發行地區當地法律為準據法。
26. 管轄法院
1. 因本協議而生之事件，雙方合意以臺灣臺北地方法院為第一審管轄法院。
2. 前項約定不得排除消費者保護法第四十七條及民事訴訟法第二十八條第二項、第四百三十六條之九規定之適用。

You are now reading our Game Terms of Service (“Game Terms”) which is a legal agreement between you and Gryph Frontier Pte. Ltd. and its affiliates (“Gryph Frontier” or “we”, “us”, “our”, as appropriate) regarding the Services you use from us. “Services” means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Games, whether or not they are installed or used on a computer, console, or a mobile device. “Game” means our game that you download and access that is subject to these Game Terms, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in it. 
We’ve tried to be straightforward in these Game Terms and if you have any questions feel free to send us a note at [email protected] (our “Support Email Address”).

3. The default language in which these Game Terms are displayed is based on your device and system settings. To the extent your language differs from the displayed language, we encourage you to select the Game Terms applicable to you by switching the language in setting module.

4. Defined Terms
You’ll notice some capitalized terms in these Game Terms. They’re called “defined terms,” and we use them so we don’t have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout these Game Terms. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.

5. Additional Terms
Some Services may be available (or only available) through accessing (or downloading from) a third party platform or store, including but not limited to, the Epic Games Store, Steam Store and other third party platforms as supported by the Game (each, a “Platform Store”). The availability of the Services will depend on what features and functionalities are supported by the respective Platform Stores on which the Game is launched. Your use of the Services is also governed by any applicable agreements you have with any Platform Store (the “Platform Store Agreement(s)”). 
The collection of information from you and related to the Services (whether obtained through a Platform Store or not) is governed by our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.

6. Eligibility and Registration
6.1 Age. You must be at the minimum age as is applicable in the jurisdiction you live in) to use or access any of our Services. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read these Game Terms and accept them on your behalf, and to create or use an Account. Parents and guardians are responsible for the acts of their minor children when using any of our Services, and you understand and agree that you will be responsible for all uses of the Account and our Services by your minor child whether or not you authorized such uses. You may not create or use an Account, or use or access any of our Services on behalf of a legal entity or for a commercial purpose.
6.2 Access to Services. You may use your Platform Store account (such as your account on the Steam Store, Epic Games Store, and other platform as supported by the Game) (a “Platform Store Account”) to access or use the Services. 
Your use of the Platform Store Account, will automatically create an in-game account (a “Game Account” or “Account”), which is linked to your Platform Store Account. Your Game Account is separate from your Platform Store Account. 
6.3 Keep Your Information Current. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your Account depending on the situation. You agree that you will not disclose your Account password to anyone and will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If you believe that your Accounts are no longer secure, then you must immediately notify us at our Support Email Address.
6.4 No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
6.5 No False Accounts. You may not create an Account for anyone else or create an Account in a name other than your own.

7. License
7.1 License Grant. So long as you comply with these Game Terms and, as applicable, the Platform Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the Platform Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in these Game Terms. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods (defined in Section 10) and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. 
7.2 User Content. “User Content” means any Content that you (or other account holders) create or obtain outside the Services that you or another user makes available within the Services. To be clear, if Content is created within the Services, it is not User Content; only Content created or obtained from outside the Services that a user then makes available within the Services is User Content. By making any User Content available through the Services you hereby grant to us the following license: a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other users of the Services. Except to the extent prohibited by law, you waive the benefit of any “moral rights” or “droit moral” or similar rights in any country to any User Content.  
7.3 Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or any or all of the Services depending on the territory in which you are located.
7.4 Retail Purchase. We may offer codes or product keys that can be activated in a Game or used to activate a Game on the Platform Store. Such codes or keys must be purchased (or otherwise obtained legally) through us or one of our authorized retailers to be valid. If you purchase such a code or key from a third party, that third party is responsible for addressing any issues you have with these codes or keys. Subject to applicable law, we will have no responsibility for these codes or keys purchased from any third party.

8. License Restrictions
You agree not to do any of the following with respect to the Services: 
8.1 use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Game Terms; 
8.2 use, or provide, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Services and Gryph Frontier or that collect information about the Game;
8.3 use, or provide ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the Platform Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play;
8.4 copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not expressly authorized in these Game Terms; 
8.5 sell, rent, lease, license, distribute, or otherwise transfer the Services, Game or any Content, including, without limitation, Virtual Goods or Game Currency, including participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content; 
8.6 attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon the Services or any Content; 
8.7 remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property; 
8.8 create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes or otherwise Cheat (as defined below); 
8.9 violate any applicable law or regulation;
8.10 attempt to probe, scan or test its vulnerability or breach any security or authentication measures; 
8.11 access, tamper with, or use non-public areas of the Services;
8.12 behave in a manner which is detrimental to the enjoyment of the Services by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming;
8.13 upload, publish, submit or transmit any User Content or engage in any behavior that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, including “trolling;” (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
8.14 interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users; 
8.15 collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
8.16 trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage, nuisance or other liability; 
8.17 impersonate or misrepresent your affiliation with any person or entity; 
8.18 use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
8.19 play on another person’s Account to “boost” that person’s status, level or rank associated with a Game; 
8.20 use the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services; or
8.21 encourage or enable anyone else to do any of the foregoing.

9. Ownership of the Services
We and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein. The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under these Game Terms, including termination of these Game Terms and your access to our Services. In addition, if you Cheat in the Game or Service, we may terminate your license to use them.
Although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with these Game Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content. We may (but don’t have to) investigate violations of these Game Terms or conduct that affects the Services.

10. Virtual Goods and Game Currency 
10.1 Purchasing or Obtaining Virtual Goods and Game Currency. We may offer certain upgrades and options within our Games that you can buy with real world currency, including, but not limited to, in-game currency (“Game Currency”), character skins, mounts and vehicles, digital cards, experience boosts, gear and other customizations for your in-game characters, and other such digital add-on items that may improve your Game experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the functionality of the Game, Game Currency and Virtual Goods are not transferable from one Game to another. You may also be able to obtain certain Virtual Goods and Game Currency without purchase, such as an in-game award. When you purchase Game Currency, Virtual Goods, or a Game itself (each, a “Transaction”), your purchase will be made through the functionality available through the Platform Store or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is a Platform Store Agreement, another payment platform agreement or a third party payment processor’s terms). There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Services. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, and post those changes in these Game Terms, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the Game or otherwise provided to you by us. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into these Game Terms. If any change is unacceptable to you, you may terminate the use of your Account at any time.
10.2 Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by these Game Terms and the Platform Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Provided you comply with the terms of these Game Terms and the Platform Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game in question and within the Game (unless we otherwise communicate to you that you may use them in multiple Games) and for no other purpose. Unless, expressly permitted by us in a specific Game, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good or Game Currency if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
10.3 Changes to Game Currency and Virtual Goods. EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “GRYPH FRONTIER PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THESE GAME TERMS.

11. Refunds
Subject to applicable law, (i) all Games, Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value; (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time without notice or liability to you, if you breach this Game Terms or violate any applicable laws; and (iii) by purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the applicable Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game, Virtual Good and/or Game Currency. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase, delivery or other provision, as applicable, of your Game, Virtual Good and/or Game Currency, as permitted by applicable law. 
Furthermore, if any of the game content/services are defective, unavailable, or do not perform in accordance with the specifications we provide, due to the nature of digital content/service, you hereby agree to waive any claims you may have for a refund or price reduction, unless otherwise stipulated by applicable law.

12. Accessing a Game from a Platform Store 
Where a Game is made available to you via a Platform Store you acknowledge and agree that: 
- These Game Terms are between you and us, not the Platform Store, and we (not the Platform Store), are solely responsible for the Game.
- The Platform Store has no obligation to provide any Game maintenance or support.
- If the Game cannot meet its warranties (if any), you can contact the Platform Store and they will refund you the purchase price of the Game (if applicable according to Platform Store’s policy) and, to the maximum extent permitted by applicable law, the Platform Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- The Platform Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Game Terms.
- The Platform Store, and its subsidiaries, are third party beneficiaries of these Game Terms and upon your acceptance of these Game Terms, the Platform Store will have the right to enforce these Game Terms against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the Game.

13. Feedback
We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at our Support Email Address or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or, rights of publicity or privacy.

14. Data Charges and Mobile Devices
You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.

15. Modifications to the Service and These Game Terms
We may (but don’t have to) update these Game Terms at any time whenever we think there is a need. If we do so, you will be prompted to agree to the updated Game Terms upon your next access to the Services or when the updated Game Terms are otherwise communicated to you. You must agree to these updates to continue using the Services. 
We may provide patches, updates, or upgrades to the Services that must be installed in order for you to continue to use the Services. We may update the Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Services until you manually update the Services yourself on your device. Subject to applicable law, you acknowledge and agree that certain elements, features, or functions may become unavailable to you after we apply patches, updates, or upgrades.

16. Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE GRYPH FRONTIER PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Gryph Frontier Parties make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Gryph Frontier Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.

17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE GRYPH FRONTIER PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY: 
17.1 LOSS OF PROFITS, 
17.2 LOST REVENUE, 
17.3 LOST SAVINGS, 
17.4 LOSS OF DATA, OR 
17.5 ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, 
ARISING OUT OF OR IN CONNECTION WITH THESE GAME TERMS OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT CAUSED BY ANY GRYPH FRONTIER PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT GRYPH FRONTIER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE GRYPH FRONTIER PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE GAME TERMS OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. 
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Game Terms will prejudice such rights that you may have as a consumer of the Services.

18. Indemnity
You agree to indemnify, pay the defense costs of, and hold the Gryph Frontier Parties and their employees, officers, directors, agents, contractors, and other representatives (collectively, “Gryph Frontier Indemnitees”) harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of these Game Terms. You agree to reimburse us for any payments made or loss suffered by the Gryph Frontier Indemnitees, whether in a court judgment or settlement, based on any matter covered by this Section 18.

19. Termination
We may terminate your access to and use of any or all the Services, including any Game, Virtual Goods or Content, with no liability to you in the event that (a) we cease providing the Services to similarly situated users generally; (b) you breach any terms of these Game Terms (including our other policies specified in these Game Terms); (c) the owner of the applicable Platform Store terminates your Platform Store Account; or (d) we otherwise deem it necessary or reasonable to terminate these Game Terms in our sole discretion. You may also terminate these Game Terms by deleting and uninstalling the Game on any and all of your devices or by deleting your Platform Store Account. Upon any termination of these Game Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Game Terms. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. 
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not these Game Terms has been terminated.
The following sections will survive termination of these Game Terms: 9 (first two sentences only), 13, 16, 17, 18, 20 through 24, and this sentence of Section 19.

20. Dispute Resolution and Governing Law – United States 
This section only applies if you are accessing, using, or have purchased the Services in the United States.
20.1 Governing Law and Forum Choice. These Game Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of law provisions. Except as otherwise expressly set forth in this Section 20, the exclusive jurisdiction for all Disputes (defined below) that you and we are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.
20.2 Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Game Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, each as they relate to Services used or purchased within the United States (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Game Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Game Terms. 
20.3 Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues. 
20.4 Exceptions. As limited exceptions to Section 20(b) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights. 
20.5 Opt-out. You have the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at our Support Email Address within thirty (30) days following the date you first agree to these Game Terms.
20.6 Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Game Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. 
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
20.7 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 20) shall be null and void.
20.8 Effect of Changes on Arbitration. Notwithstanding the provisions of Section 15 above, if we change any of the terms of this Section 20 after the date you first accepted these Game Terms (or accepted any subsequent changes to these Game Terms), you may reject any such change by sending us written notice (including by email to our Support Email Address) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Section 20 “Dispute Resolution—United States” as of the date you first accepted these Game Terms (or accepted any subsequent changes to these Game Terms).
20.9 Severability. With the exception of any of the provisions in Section 20(g) above, if an arbitrator or court of competent jurisdiction decides that any part of these Game Terms are invalid or unenforceable, the other parts of these Game Terms will still apply.

21. Dispute Resolution and Governing Law – Outside the United States
This section only applies if you are accessing, using, or have purchased the Services outside of the United States. 
21.1 Dispute Resolution. Any Dispute or claim by you arising with respect to these Game Terms shall be: (i) governed by the laws of Singapore without regard to conflict of law provisions, and (ii) referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with its arbitration rules (“SIAC Rules”) in force at the time of delivery of the arbitration notice. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment as stated aforementioned.

22. No Assignment
You may not assign or transfer these Game Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Game Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Game Terms without restriction. Subject to the foregoing, these Game Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

23. Miscellaneous
23.1 Entire Agreement. These Game Terms and any other document or information referred to in these Game Terms constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services. 
23.2 Language. The original language of these Game Terms are in English; any translations are provided for reference purposes only. 
23.3 Severability. These Game Terms describes certain legal rights. You may have other rights under the laws of your jurisdiction. These Game Terms does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in these Game Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of these Game Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and subject to Section 20(g), the remaining terms of these Game Terms will remain in full force and effect.
23.4 No Waiver. Your and our actions or inactions will not create any other rights under these Game Terms except as what is explicitly written within these Game Terms. Our failure to enforce any right or provision of these Game Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Game Terms, the exercise by either party of any of its remedies under these Game Terms will be without prejudice to its other remedies under these Game Terms or otherwise.
23.5 Third-party Rights. Except as described in Section 12, a person who is not a party to these Game Terms will have no right under to enforce any of its terms.
23.6 In the event of any conflict between this Game Terms and the local laws of your country or residence, the local laws will take precedence and govern.

24. Contact Information
If you have any questions about these Game Terms or the Services, please contact us at our Support Email Address.