**[ Hong Kong YCool Network Technology Limited] Terms of Service**
These Terms of Service (these "**Terms**") apply to your access and use of the following: (i) any additional games made available by [ Hong Kong YCool Network Technology Limited], unless otherwise specified in writing by Hong Kong YCool Network Technology Limited (the "**Games**"); (ii) the web pages, websites, and social media pages made available by [ Hong Kong YCool Network Technology Limited] related to the Games (the "**Sites**"); (iii) the software made available by Hong Kong YCool Network Technology Limited related to the Games (the "**Apps**"); and (iv) the online services, programs, and offers accessed through the Games, Sites, and Apps (together with the Games, Sites, and Apps, the "**Services**"). When we refer to ("[ Hong Kong YCool Network Technology Limited]", "we," or "our"), we mean [ Hong Kong YCool Network Technology Limited Ltd.] and its subsidiaries.
**BY AGREEING TO THESE TERMS, YOU AND [ Hong Kong YCool Network Technology Limited] AGREE TO RESOLVE MOST DISPUTES ONLY THROUGH INDIVIDUAL ARBITRATION, NOT THROUGH CLASS ARBITRATION, CLASS ACTIONS, ANY OTHER FORM OF REPRESENTATIVE ACTION, OR JURY TRIALS. IF YOU DO NOT WISH TO SETTLE DISPUTES WITH [ Hong Kong YCool Network Technology Limited] THROUGH ARBITRATION, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18(C), OR CERTAIN EXCEPTIONS SET FORTH IN SECTION 18(H) MAY APPLY.**
**EVERYTHING IN THESE TERMS IS IMPORTANT AND YOU SHOULD READ THEM CAREFULLY, BUT WE SPECIFICALLY DRAW YOUR ATTENTION TO THE TERMS PRESENTED IN BOLD AND THE IMPORTANT PROVISIONS THEY CONTAIN, WHICH MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.**
**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HAVE THE RIGHT, IN OUR SOLE DISCRETION, TO ENFORCE ANY PROVISION, RIGHT, OR REMEDY UNDER THESE TERMS. OUR FAILURE TO ENFORCE A SPECIFIC PROVISION, RIGHT, OR REMEDY IN A PARTICULAR INSTANCE DOES NOT CONSTITUTE A WAIVER OF OUR RIGHT TO ENFORCE THESE TERMS IN OTHER INSTANCES.**
**CERTAIN PROVISIONS OF THESE TERMS APPLY ONLY IF YOUR COUNTRY OF RESIDENCE MATCHES THE DESCRIPTION RELATED TO THAT PROVISION. FOR THE PURPOSES OF THESE TERMS, "COUNTRY OF RESIDENCE" MEANS THE COUNTRY WHERE YOU HAVE LAWFUL PERMANENT RESIDENCE, AND ANY COUNTRY FROM WHICH YOU REGULARLY ACCESS AND USE THE SERVICES. IF MULTIPLE COUNTRIES MEET THIS DEFINITION, YOUR COUNTRY OF LAWFUL PERMANENT RESIDENCE WILL BE YOUR COUNTRY OF RESIDENCE; IF YOU HAVE MULTIPLE COUNTRIES OF LAWFUL PERMANENT RESIDENCE, IT WILL BE THE COUNTRY WITH WHICH YOU HAVE THE CLOSEST TIES BY VIRTUE OF PERMANENT OR MOST FREQUENT RESIDENCE.**
If you do not agree to these Terms, please do not use our Services.
**1. Supplemental Terms and Updates**
(a) **Supplemental Terms.** We may specify that different or additional terms, conditions, guidelines, policies, or rules (including any game rules that may apply to individual Games) apply to parts of the Services (the "**Supplemental Terms**"). Supplemental Terms include: Promotion Official Rules and the Terms of Violation. If Supplemental Terms apply to the Services you are using, you need to read those terms, and they will become part of your agreement with us. To the extent of any conflict or inconsistency between the Supplemental Terms and these Terms of Service, the Supplemental Terms will govern.
(b) **Updates.** We may modify these Terms (including any Supplemental Terms). The "Last Updated" date at the top indicates when these Terms were last changed. If we make changes in the future, we may provide you with notice of the changes, such as by sending a notice to the email address we have on file for you, by providing a notice through our Services, or by updating the date at the top of these Terms; if we make any material changes to these Terms, we will try, where possible, to provide you with reasonable advance notice. However, we also recommend that you review [www.ycool.co](http://www.ycool.com) and these Terms periodically for updates. Unless we state otherwise in our notice, the revised terms will become effective immediately, and your continued use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the revised terms, you must stop using our Services immediately.
**2. Your Information**
When you access or use our Services, you may provide certain information to [ Hong Kong YCool Network Technology Limited], or we may otherwise collect certain information about you. You agree to receive emails, SMS or text messages, and other types of promotional or marketing communications from [ Hong Kong YCool Network Technology Limited] via the contact information you provide through your use of the Services. You are responsible for providing accurate and complete contact information and keeping it updated with [ Hong Kong YCool Network Technology Limited].
While not part of these Terms, we encourage you to read our Privacy Statement to learn how you can opt out of marketing communications and how we collect, use, share, and process information about you.
**3. User Content**
(a) **User Content.** Our Services may allow you and other users to create, post, store, or share content, including comments, messages, text, graphics, photos, videos, and other materials or data (collectively, "**User Content**"). Depending on your account settings, your User Content and any related information (such as your user ID number, name, and avatar) may be visible to others. If you choose to make any information public through the Services, you do so at your own risk.
(b) **License You Grant to [ Hong Kong YCool Network Technology Limited].** Other than the license granted below, as between you and Hong Kong YCool Network Technology Limited, you retain all rights in your User Content (excluding any portions of the Services contained within your User Content). By using our Services, you grant us certain rights to your User Content. You grant Hong Kong YCool Network Technology Limited and its affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, sublicensable (through multiple tiers), and transferable license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform or display, process, and otherwise exploit your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you or any third party (in each case, to the maximum extent permitted by applicable law). We are not obligated to provide you with any attribution, approval, or compensation for any licensed use of your User Content. You irrevocably waive any "moral rights" or other rights you may have regarding the attribution of authorship or integrity of the User Content under any applicable law or legal theory.
(c) **Feedback.** You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about [ Hong Kong YCool Network Technology Limited] or our Services (collectively, "**Feedback**"). You understand and agree that we may use such Feedback for any purpose (commercial or otherwise) in our sole discretion without accounting or compensating you, including for improving or developing products and services. [ Hong Kong YCool Network Technology Limited] will have exclusive ownership of all works or improvements based on any Feedback. You understand that [ Hong Kong YCool Network Technology Limited] may treat Feedback as non-confidential information.
**4. Prohibited Conduct and Content**
(a) **No Cheating.** [ Hong Kong YCool Network Technology Limited] expects all users to have a positive and fair gaming experience when using the Services. You must not:
(i) Create, distribute, promote, or use unauthorized software or tools (including automation software, macros, cheat tools, hacking software, and modification software) designed to provide an unfair advantage or alter the intended game experience; or
(ii) Exploit, share, or promote information about game errors, bugs, vulnerabilities, or any technical malfunction that could lead to an unintended advantage, such as accessing a one-time promotion multiple times.
If you become aware of any of the above, you must notify Hong Kong YCool Network Technology Limited immediately.
(b) **Prohibited Conduct.** In addition to other restrictions in these Terms, you must not, and must not assist or encourage others to, engage in any of the following while connected to the Services:
(i) Violate the Terms of Violation, any other terms and/or Supplemental Terms, or any applicable law, contract, intellectual property, or other third-party rights;
(ii) Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
(iii) Solicit or collect personal information of other users;
(iv) Access the Games without meeting the minimum age requirement for the game as set forth in Section 2;
(v) Use or attempt to use another user's account or information without authorization from that user and Hong Kong YCool Network Technology Limited;
(vi) Impersonate any person or entity or post information in the name of any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(vii) Create multiple accounts;
(viii) Sell or resell our Services or your account, including renting, leasing, selling, trading, gifting, or otherwise transferring or sharing your account without our written permission;
(ix) Copy, reproduce, distribute, publicly perform, or publicly display all or part of our Services, except as expressly permitted by us or our licensors;
(x) Modify our Services, remove any proprietary rights notices or labels, or make any derivative works based on our Services;
(xi) Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any way;
(xii) Reverse engineer any aspect of our Services, or engage in any activity that could discover or reveal source code, or bypass or circumvent security measures used to prevent or limit access to any part of our Services;
(xiii) To the maximum extent permitted by applicable law, you must not: (A) Use any data mining, robots, or other data gathering or extraction methods designed to scrape or extract data from our Services, except when compiling results for public search engines in accordance with the instructions contained in our robots.txt file; or (B) Use (and we do not consent to the use of) the Services, or any data posted, contained, accessible via, or related to the Services, for developing, training, fine-tuning, or validating any AI system or model, or for any other purpose not expressly authorized in these Terms;
(xiv) Develop or use any applications or software that interact with our Services without our prior written consent;
(xv) Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
(xvi) Link to any online portion of the Services in a manner that, in our sole judgment, damages or exploits our reputation or implies any form of association, approval, or endorsement by Hong Kong YCool Network Technology Limited;
(xvii) Use any application programming interface ("API") provided by Hong Kong YCool Network Technology Limited in any manner not permitted by the documentation accompanying the API; or
(xviii) Access or use any Service to design or develop similar or competing products.
(c) **Prohibited Content.** You must not create, post, store, or share User Content for which you do not have all necessary rights to grant us the license described in Section 5(b). You must ensure that your User Content and our licensed use of your User Content under these Terms does not infringe any rights of any person or entity (including any third-party rights) or cause harm to any person or entity. You must not create, post, store, or share any User Content that:
(i) Is illegal, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or disparaging of any racial, ethnic, gender, or religious group;
(ii) Constitutes, encourages, or provides instructions for a criminal offense, infringement of any party's rights, or violation of these Terms;
(iii) Contains or depicts any statements, comments, or claims that do not reflect your genuine views and experiences;
(iv) Contains any private or personal information of a third party without that third party's consent;
(v) Contains any viruses, corrupted data, or other malicious, invasive, harmful, disruptive, or destructive files or content;
(vi) In our reasonable judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Hong Kong YCool Network Technology Limited or others to any type of harm or liability; or
(vii) Contains links to content that would violate any of the above restrictions if posted as User Content.
(d) **Enforcement.** This Section 6 does not create any rights for any third party or any private right of action, nor does it create any reasonable expectation that the Services will be free from the conduct or content prohibited by these Terms or that prohibited content will be promptly removed after posting. We may:
(i) At any time, remove or decline to post any User Content for any reason (including any violation of these Terms), with or without notice;
(ii) Temporarily or permanently terminate, delete, modify, or suspend your access to all or part of the Services if we determine in our sole discretion that your conduct or User Content is likely to violate these Terms;
(iii) Take any action Hong Kong YCool Network Technology Limited deems necessary or appropriate to ensure compliance with applicable laws and these Terms, or to protect the rights of Hong Kong YCool Network Technology Limited and/or third parties, including third-party intellectual property and privacy rights (e.g., providing information to rights holders who submit takedown requests); and
(iv) To the extent permitted by law, cooperate fully with any law enforcement authorities or court orders regarding conduct or content related to the Services.
(e) **Complaints and Appeals.** If you have a complaint or concern regarding any User Content or any action we have taken regarding User Content, you can contact customer support at [support@ycool.co](mailto:support@ycool.co) or through the applicable support channels available in the Games. We will strive to handle your complaint or concern promptly in accordance with our internal policies and procedures. If you are not satisfied with our initial response, you have the right to appeal our decision by submitting additional information or evidence to support your case. We will re-evaluate your appeal and inform you of the outcome. Our decision regarding your appeal will be final and binding.
**5. Billing and Payment**
(a) **No Purchase Necessary to Access Services.** You are not required to purchase anything to use the Services. The Services may include opportunities to earn or purchase virtual items. A certain number of points will be available for you to collect when you log into the Services at fixed intervals. If you run out of points, you may choose to purchase additional points and continue playing via the Services, or you may wait until additional free points become available. Points and other virtual items are licensed to you by us through the Services, subject to the restrictions and other terms set forth in these Terms.
(b) **Prices and Taxes.** Depending on your Country of Residence and always subject to applicable law, prices displayed in the Services may or may not include applicable taxes (as the case may be). In any event, taxes will be itemized on the checkout page, and you will have the opportunity to review such taxes before confirming your purchase. All prices are subject to change without notice.
(c) **Payment.** Before completing a transaction within the Services (e.g., purchasing a license for a virtual item), you will be required to provide certain information to us or our payment processor, such as your payment card number, expiration date, and billing address. You are responsible for ensuring you are authorized to use any payment information you submit in connection with a transaction. We may receive updated information about any payment method stored with us from your card issuer or our payment service provider. You authorize us to charge your payment method (including any updated payment method information we receive) for any fees you become responsible for under these Terms. Information verification may be required prior to the acknowledgment or completion of any transaction. This may include charging your payment method $1 (or another nominal fee) to verify the payment method. These verification charges are typically refunded, usually within 3-5 business days.
Transactions completed through third-party platforms (such as the Apple App Store or Google Play Store, or on websites or applications) (each a "**Platform Provider**") may also be subject to additional terms, conditions, and policies (including the Platform Provider's terms of service or privacy policy). Any agreement you enter into with a Platform Provider regarding transactions is between you and the Platform Provider. We are not a party to any agreement you enter into with a Platform Provider.
You will pay all fees incurred by or on your behalf through the Services, at the prices in effect when such fees are incurred, including all applicable taxes for your transaction. If legal action is necessary to collect amounts due, you will reimburse us and our vendors and agents for all costs incurred in collecting the due amounts, including attorney fees and other legal costs.
(d) **Returns, Refunds, and Exchanges.** To the maximum extent permitted by applicable law, all transaction fees are non-refundable. If your account is charged for a transaction you did not initiate, if you did not receive the virtual item you paid for, or if you were charged an incorrect amount, you may request a refund or correction from Hong Kong YCool Network Technology Limited for any transaction completed directly with us. For transactions completed through a Platform Provider, the Platform Provider is responsible for any refunds, and its refund policies will apply. While not part of these Terms, please refer to the following Platform Provider support pages for more information: Apple's Billing and Subscriptions page and Google Play's Refunds page.
**6. Promotions**
In addition to these Terms, the Promotion Official Rules apply to any sweepstakes, contests, raffles, surveys, games, or similar promotions offered by Hong Kong YCool Network Technology Limited through or in connection with the Services (collectively, "**Promotions**"). Prior to your registration for a Promotion, we may provide additional or alternative rules governing that Promotion. You also agree to such additional or alternative rules (if applicable). If you participate in any Promotion, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
**7. Ownership; Limited License**
(a) **Ownership of the Services.** The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property therein, are owned by Hong Kong YCool Network Technology Limited or our licensors and are protected by United States and foreign laws. Our game names, logos, other product or service names, slogans, and the look and feel of our Services (including, without limitation, all characters, environments, themes, sound effects, music, artwork, text, storylines, recordings, and other creative elements presented in any of our Services or marketing materials) are protected by intellectual property laws (and in many cases may also be registered trademarks of Hong Kong YCool Network Technology Limited (or our licensors)), and you may not copy, imitate, or use them, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, company names, or logos mentioned on our Services are the property of their respective owners. Reference to any third-party products or services does not constitute our endorsement, sponsorship, recommendation, or guarantee of those products or services. Except as expressly stated in these Terms, we or our licensors reserve all rights in the Services and the intellectual property therein, and you have no other rights in our Services or intellectual property, including any implied rights.
(b) **Limited License Granted to You.** Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal, non-commercial entertainment purposes. Any use of the Services not expressly authorized herein is strictly prohibited and will terminate this license.
**8. Repeat Infringer Policy; Content Complaints**
We have adopted a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of the intellectual property rights of others.
**9. Third-Party Software and Content**
(a) **Open Source Software.** The Services may use third-party software code governed by open source licenses ("**Open Source Software**"). We use Open Source Software under the terms of the open source licenses and make that software available to you under those licenses where required. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable Open Source Software license terms and conditions. When alternative or additional terms apply to Open Source Software, we may inform you through the Services, for example by posting information on our attribution page.
(b) **Third-Party Content.** We may further provide information about, links to, or advertisements for third-party products, services, activities, or events, or we may allow third parties to make their content, information, or products available on or through the Services (collectively, "**Third-Party Content**"). We provide Third-Party Content as a convenience to those interested in such content, but your dealings or communications with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not endorse or guarantee Third-Party Content, products, or services, even if linked from our Services, and the inclusion of such links does not directly or indirectly imply any association, sponsorship, endorsement, or affiliation with that third party, unless explicitly stated therein.
(c) **Liability for Content.** We have no obligation to monitor Third-Party Content, and we may block or disable access to any Third-Party Content (in whole or in part) through our Services at any time. Your access to and use of Third-Party Content may be subject to additional terms, conditions, and policies (including the Third-Party Content provider's terms of service or privacy policy). We are not responsible for any claims, damages, or losses arising from or relating to your use of or interaction with any Third-Party Content. You are also responsible for obtaining and maintaining any computer hardware, equipment, network services, connectivity, telecommunications services, and other products and services necessary to access and use the Services.
**10. Communication Channels**
(a) The Services may provide communication channels, such as but not limited to fan pages, forums, blog communities, or chat areas ("**Communication Channels**"), designed to enable you to communicate with other users of the Services and/or post User Content, including your feedback, questions, suggestions, ideas, submissions, observations, and comments on designated topics.
(b) We cannot guarantee that other users will not use the ideas and information you share. Therefore, if you have ideas or information that you wish to keep confidential and/or do not want others to use, please do not post them on the Services.
(c) We are under no obligation to evaluate or use any ideas or information you may choose to submit, and such data will be deemed non-confidential and non-proprietary. We have no obligation to monitor these Communication Channels, but we may do so in our discretion, and we reserve the right to review materials posted to the Communication Channels and remove any materials at any time, for any reason, with or without notice. We may also terminate or suspend your access to any Communication Channels at any time, with or without notice, and without liability. You acknowledge that users
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