The terms of this agreement ("Terms of Service") govern the relationship between you and LEITING, a
Hong Kong company having its registered office at Room 301-2, Hang Seng Wanchai Building, 3rd Floor,
No.200 Hennessy Road, Wanchai, Hong Kong, (hereinafter "LEITING" or "Us" or "We") regarding your use
of LEITING's games, websites and related services (the "Service"). Use of the Service is also
governed by LEITING's Privacy Policy and other relevant policies, which are incorporated herein by
reference.
Before accessing or using the Service, including browsing any LEITING website or accessing a game,
you must agree to these Terms of Service and the Privacy Policy. You may also be required to
register an account on the Service (an "Account"). By registering for an Account or otherwise using
the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17,
you represent that your legal guardian has reviewed and agreed to these Terms. If you access the
Service from a Social Networking Site ("SNS"), such as Facebook, Twitter, Line, or Google+, you
shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU
DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE.
USE OF THE SERVICE IS VOID WHERE PROHIBITED.
LEITING reserves the right, at its discretion, to change, modify, add or remove portions of these
Terms of Service, its Privacy Policy and other relevant LEITING policies at any time by posting the
amended terms on the LEITING Service. You will be deemed to have accepted such changes by continuing
to use the Service. If at any point you do not agree to any portion of the then-current version of
our Terms of Service, the LEITING Privacy Policy, or any other LEITING policy, rules or codes of
conduct relating to your use of the Service, your license to use the Service shall immediately
terminate, and you must immediately stop using the Service.
1. License
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other
relevant LEITING policies, LEITING grants you a non-exclusive, non-transferable, non-sublicensable,
revocable and limited license to access and use the Service for your own non-commercial
entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
1. You shall not create an Account or access the Service if you are under the age of 13; You shall
restrict use by minors, and you will deny access to children under the age of 13. You accept full
responsibility for any unauthorized use of the Service by minors. You are responsible for any use of
your credit card or other payment instrument (e.g. paypal) by minors.
2. You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account
using a false identity or information, or on behalf of someone other than yourself; You shall not
use the Service if you have previously been removed by LEITING, or previously been banned from
playing any LEITING game.
3. You shall use your Account only for non-commercial purposes; You shall not use the Service to
advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or
spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to
access the Account ("Login Information"). You shall not share the Account or the Login Information,
nor let anyone else access your Account or do anything else that might jeopardize the security of
your Account. 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 LEITING and modify your Login Information. You are solely responsible
for maintaining the confidentiality of the Login Information, and you will be responsible for all
uses of the Login Information, including purchases, whether or not authorized by you. You are
responsible for anything that happens through your Account.
LEITING reserves the right to remove or reclaim any usernames at any time and for any reason,
including but not limited to claims by a third party that a username violates the third party's
rights.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result
in the immediate revocation of your limited license and may subject you to liability for violations
of law.
You agree that you will not, under any circumstances:
1. Engage in any act that LEITING deems to be in conflict with the spirit or intent of the Service
or make improper use of LEITING's support services.
2. Use or take part (directly or indirectly) in the use of cheats, exploits, automation software,
bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the
Service, any LEITING game or any LEITING game experience.
3. Modify or cause to be modified any files that are a part of the Service or any LEITING game
without LEITING's express written consent.
4. Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise
act in a manner that may negatively affect other users' experience when using the Service or playing
LEITING's games. This includes win trading and any other kind of manipulation of rankings, taking
advantage of errors in the Service to gain an unfair edge over other players and any other act that
intentionally abuses or goes against the design of the Service.
5. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or
server ("Server") used to offer or support the Service or any LEITING game environment.
6. Institute, assist, or become involved in any type of attack, including without limitation
distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt
the Service or any other person's use or enjoyment of the Service.
7. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the
computers, Servers, or networks connected to the Service by any means other than the user interface
provided by LEITING, including but not limited to, by circumventing or modifying, attempting to
circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any
security, technology, device, or software that is part of the Service.
8. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially,
sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior,
such as by repeatedly posting information on an unsolicited basis.
9. Post any information that contains nudity, excessive violence, or offensive subject matter or
that contains a link to such content.
10. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of
another person, group, including LEITING employees, including LEITING's customer service
representatives.
11. Make available through the Service any material or information that infringes any copyright,
trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person
or entity or impersonates any other person, including without limitation a LEITING employee.
12. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source
code for any underlying software or other intellectual property used to provide the Service or any
LEITING game, or to obtain any information from the Service or any LEITING game using any method not
expressly permitted by LEITING.
13. Solicit or attempt to solicit Login Information or any other login credentials or personal
information from other users of the Service or any LEITING game.
14. Collect or post anyone's private information, including personally identifiable information
(whether in text, image or video form), identification documents, or financial information through
the Service.
LEITING reserves the right to determine what conduct it considers to be in violation of the rules of
use or otherwise outside the intent or spirit of these Terms of Service or the Service itself.
LEITING reserves the right to take action as a result, which may include terminating your Account
and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, LEITING MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE
ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR LEITING SUSPECTS THAT YOU ARE,
FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR
IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA
IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS,
PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND LEITING IS
UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER
ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES
AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM
ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES,
INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE
LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND
AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS.
LEITING RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
LEITING reserves the right to stop offering and/or supporting the Service or a particular game or
part of the Service at any time, at which point your license to use the Service or a part thereof
will be automatically terminated. In such event, LEITING shall not be required to provide refunds,
benefits or other compensation to users in connection with such discontinued Service. Termination of
your Account can include disabling your access to the Service or any part thereof including any
content you submitted or others submitted.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games,
titles, computer code, themes, objects, characters, character names, stories, dialogue, catch
phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods
of operation, moral rights, documentation, in-game chat transcripts, character profile information,
recordings of games played using a LEITING game client, and the LEITING game clients and server
software) are owned by LEITING. LEITING reserves all rights, including without limitation, all
intellectual property rights or other proprietary rights, in connection with its games and the
Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO
OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL
RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF
LEITING.
2.3. Virtual Items
LEITING owns, has licensed, or otherwise has rights to use all of the content that appears in the
Service or in LEITING games. Notwithstanding any provision to the contrary herein, you agree that
you have no right or title in or to any content that appears in the Service, including without
limitation the virtual goods or currency appearing or originating in any LEITING game, whether
earned in a game or purchased from LEITING, or any other attributes associated with an Account or
stored on the Service.
3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and information
that you upload or transmit through a LEITING game client or the Service, or that other users upload
or transmit, including without limitation any chat text. By transmitting or submitting any User
Content while using the Service, you affirm, represent and warrant that such transmission or
submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws,
contractual restrictions or other third party rights, and that you have permission from any third
party whose personal information or intellectual property is comprised in the User Content; (c) free
of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that
any of your personal information within such content will at all times be processed by LEITING in
accordance with its Privacy Policy.
3.1.1. Content Screening
LEITING assumes no responsibility for the conduct of any user submitting any User Content, and
assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do
not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own
risk. By using the Service, you may be exposed to User Content that is offensive, indecent or
otherwise not in line with your expectations. You bear all risks associated with the use of any User
Content available in connection with the Service. At our discretion, our representatives or
technology may monitor and/or record your interaction with the Service or communications (including
without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such
monitoring and recording. You acknowledge and agree that you have no expectation of privacy
concerning the transmission of any User Content, including without limitation chat text or voice
communications.
LEITING reserves the right in its sole discretion to review, monitor, prohibit, edit, delete,
disable access to or otherwise make unavailable any User Content (including without limitation your
User Content) without notice for any reason or for no reason at any time. If at any time LEITING
chooses, in its sole discretion, to monitor the Service, LEITING nonetheless assumes no
responsibility for User Content and assumes no obligation to modify or remove any inappropriate User
Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post,
or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content,
including your observations and comments on designated topics. LEITING cannot guarantee that other
members will not use the ideas and information that you share. Therefore, if you have an idea or
information that you would like to keep confidential and/or don't want others to use, do not post it
on the Service. LEITING shall have no responsibility to evaluate, use or compensate you for any
ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the
Service and that you provide to others. LEITING may reject, refuse to post or delete any User
Content for any or no reason, including, but not limited to, User Content that in the sole judgment
of LEITING violates these Terms of Service.
3.2.3. Your License to LEITING
You hereby grant to LEITING an irrevocable, perpetual, transferable, fully paid-up, royalty-free,
worldwide license (including the right to sublicense and assign to third party) and right to copy,
reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish,
distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly
perform, or provide access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and practice, in any way,
your User Content as well as all modified and derivative works thereof in connection with our
provision of the Service, including marketing and promotions of the Service. You also hereby grant
to LEITING the right to authorize others to exercise any of the rights granted to LEITING under
these Terms of Service. You further hereby grant to LEITING the unconditional, irrevocable right to
use and exploit your name, likeness and any other information or material included in any User
Content and in connection with any User Content, without any obligation to you. Except as prohibited
by law, you waive any rights of attribution and/or any moral rights you may have in your User
Content, regardless of whether your User Content is altered or changed in any manner. LEITING does
not claim any ownership rights in your User Content and nothing in these Terms of Service is
intended to restrict any rights that you may have to use and exploit your User Content. LEITING has
no obligation to monitor or enforce your intellectual property rights in or to your User
Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other
parties with whom you interact through the Service and/or LEITING games. LEITING reserves the right,
but has no obligation, to become involved in any way with these disputes. You will fully cooperate
with LEITING to investigate any suspected unlawful, fraudulent or improper activity, including,
without limitation, granting LEITING access to any password-protected portions of your Account.
4. Fees and Purchase Terms
4.1.Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable,
non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to
virtual cash or diamonds, all for use in LEITING games; (b) "virtual in-game items" (together with
"virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only
allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in
any other way.
LEITING may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any
time, with or without notice. LEITING shall have no liability to you or any third party in the event
that LEITING exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the
Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or
otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the
aforesaid, including but not limited to LEITING, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND
NON-REFUNDABLE.
The provision of Virtual Items for use in LEITING games is a service provided by LEITING that
commences immediately upon acceptance by LEITING of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered
to you. LEITING may revise the pricing for the goods and services offered through the Service at any
time. YOU ACKNOWLEDGE THAT LEITING IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU
WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED,
WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. LEITING may require that you accept updates to
the Service and to LEITING's games you have installed on your device or computer. You acknowledge
and agree that LEITING may update the Service and LEITING games, with or without notifying you. You
may need to update third party software from time to time in order to receive the Service and play
LEITING games.
6. Disclaimer of Warranties
WITHOUT LIMITING LEITING'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LEITING DOES NOT
WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR
CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR
THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above
disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEITING SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES
(HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE
OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
LEITING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW,
LEITING SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO LEITING IN ACCORDANCE
WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO LEITING DURING SUCH
TIME PERIOD, YOUR SOLE REMEDY (AND LEITING'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH LEITING IS TO
STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR
RESTRICT ANY LIABILITY RESULTING
FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LEITING OR FOR DEATH OR PERSONAL INJURY ARISING FROM
ANY NEGLIGENCE OR FRAUD OF LEITING.
You agree to indemnify, defend and hold LEITING (and our officers, directors, agents, subsidiaries,
joint ventures and employees) harmless from any claim, demand, damages or other losses, including
reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of
the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if
the infringement of rights is not attributable to your intentional or negligent behavior.
8. Severability
You and LEITING agree that if any portion of these Terms of Service or of the LEITING Privacy Policy
is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such
provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination
of invalidity or unenforceability without affecting the validity or enforceability thereof in any
other manner or jurisdiction and without affecting the remaining provisions of the terms, which
shall continue to be in full force and effect.
9. General Provisions
9.1. Assignment
LEITING may assign or delegate these Terms of Service and/or the LEITING Privacy Policy, in whole or
in part, to any person or entity at any time with or without your consent. You may not assign or
delegate any rights or obligations under the Terms of Service or Privacy Policy without LEITING's
prior written consent, and any unauthorized assignment and delegation by you is ineffective.
9.2. Supplemental Policies
LEITING may publish additional policies related to specific services such as forums, contests or
loyalty programs. Your right to use such services is subject to those specific policies and these
Terms of Service.
9.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by
reference herein (including the LEITING Privacy Policy), contain the entire understanding of you and
LEITING, and supersede all prior understandings of the parties hereto relating to the subject matter
hereof, whether electronic, oral or written, or whether established by custom, practice, policy or
precedent, between you and us with respect to the Service.
9.4. No Waiver
The failure of LEITING to require or enforce strict performance by you of any provision of these
Terms of Service or the LEITING Privacy Policy or failure to exercise any right under them shall not
be construed as a waiver or relinquishment of LEITING's right to assert or rely upon any such
provision or right in that or any other instance.
The express waiver by LEITING of any provision, condition, or requirement of these Terms of Service
or the LEITING Privacy Policy shall not constitute a waiver of any future obligation to comply with
such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations,
statements, consents, waivers, or other acts or omissions by LEITING shall be deemed a modification
of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by
You and a duly appointed officer of LEITING.
9.5. Notices
We may notify you via postings on official website and via e-mail or any other communications means
to contact information you provide to us. Any notices that you provide without compliance with this
Section on Notices shall have no legal effect.
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to LEITING
are of a unique and irreplaceable nature, the loss of which shall irreparably harm LEITING and which
cannot be replaced by monetary damages alone so that LEITING shall be entitled to injunctive or
other equitable relief (without the obligations of posting any bond or surety or proof of damages)
in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or
restrain the operation of the Service or any LEITING game, exploitation of any advertising or other
materials issued in connection therewith, or exploitation of the Service or any content or other
material used or displayed through the Service and agree to limit your claims to claims for monetary
damages, limited by Section 7 (if any).
9.7. Force Majeure
LEITING shall not be liable for any delay or failure to perform resulting from causes outside the
reasonable control of LEITING, including without limitation any failure to perform hereunder due to
unforeseen circumstances or cause beyond LEITING's control such as acts of God, war, terrorism,
riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or
shortages of transportation facilities, fuel, energy, labor or materials.