This is a legal agreement between you and Max Software Inc(“Max Inc”). And you can find policies and terms governing your use of products and services provided by Max Software Inc., its subsidiaries and affiliates (collectively as “Company,” “we,” “us” and “our”).
These Terms of Service(“ToS”) constitute a legal agreement between the user of our products and services (“user” or “you”) and the Company.It applies when a user accesses, purchasing, downloading, or using any of our games, any updates to our games, and/or any Virtual Items (defined below) associated with our games (collectively, the “Game Software” or “App”).
We prepared these ToS to help explain the terms that apply to your use of the Service.
THE GAME SOFTWARE IS LICENSED – NOT SOLD.
Subject to your compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable right and license to install, execute, and use a single production instance of the Game Software that we make available to you solely for your personal and non-commercial use. We reserve all rights in and to the Game Software that we do not expressly grant you in this Agreement.
Except for the license we grant you in Section 1 above, all right, title, and interest in and to the Game Software, and any and all intellectual property rights embodied in the Game Software, are owned by Max Software Inc or our licensors. The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved.
You are responsible for your use of the Game Software, and for any use of the Game Software made using your account. Our goal is to create a fun and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Game Software or otherwise interact with us (e.g. customer service), you MUST NOT:
violate any law or regulation;
violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
exploit the Game Software or any of its parts commercially;
use the Game Software, or permit use of the Game Software, or make the Game Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
sell, rent, lease, license, distribute, or otherwise transfer this Game Software or any copies;
post or share anything, or act in a manner, that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our discretion;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
attempt to remove, disable, or circumvent any security measure or proprietary notices contained on or within the Game Software;
attempt to reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications shall belong to, vest in, and be the exclusive property of Max Inc on creation);
export or re-export the Game Software or any copy of it in violation of any applicable laws or regulations, including applicable United States export control regulations regarding U.S. embargoed countries or denied persons; and/or advocate, encourage, or assist any third party in doing any of the foregoing.
Without limiting any of our other rights or remedies, we reserve the right to suspend or terminate the account or refuse customer service to anyone who, in our opinion, has violated the spirit or letter of this Section (“Acceptable Use of Game Software”).
The Game Software may allow you to upload, submit, store, send, or receive content and data (“User Content”). By way of example, User Content includes your original content that you upload or contribute to Game Software, such as comments, images, audio, media, virtual items, puzzles, and other game elements, for your own use of the Game Software or for other player’s use of the Game Software. You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Game Software, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Game Software), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Game Software, and to develop new Game Software, products, and services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Game Software. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Game Software.
You promise that:
you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Game Software for any reason.
When you use the Service, you represent that:
● your use of the Service does not violate any applicable law or regulation;
● you are 13 years of age or older; and
● you are of sufficient legal age or otherwise have legal capacity to legally enter into these ToS.
(1) Google Play and Apple App Store:
These ToS are between you and Cheetah Mobile, Inc. and not with the Google Play Store or Apple App Store（collectively referred as” Third Party App Store”）. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions of the Google Play Store are less restrictive than, or otherwise conflict with, these ToS, the more restrictive term will apply.
(2) In-App Purchase Terms:
We may offer certain enhanced features of the Services which you can purchase as a monthly, yearly or lifetime subscription. You can review a description of our enhanced features when you want to make a subscription. You acknowledge and agree that all billing and transaction processes are processed by Apple App Store/Google Play .So all payments would also be governed by the Apple App Store and Google Play’s terms and conditions. If you have any payment related issues with In-App Purchases, you can either contact us or contact Google Play or Apple App Store directly.
If you are under the age of 18 or other age of legal majority in accordance with the applicable regulation in the country of your nationality, then you must acquire permission from your parents’ or other guardians in order to make the purchase. By completing the purchase, you are informing us that you have gain all legally necessary permission to allow you to proceed your purchase
If any In-App Purchase is not successfully completed or does not work once you have completed the payment following the instructions, we will , after becoming aware of the fault, or being notified of the fault by you, investigate the fault . In no event will we charge you anything further to fix the fault. In the event that we are not able to resolve your concern related to In-App Purchase or are unable to do so within a reasonable period of time, or if you wish to request a refund, you can also contact the Google or Apple directly.
The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you can access third-party advertisements through links on the Service, and you may be able to share information with Third Party Sites through links on the Service. Please note that we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites.
The availability of these links on the Service does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement..
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new terms take effect, you will be bound by the modified ToS.
We can terminate this Agreement if you breach any of the terms. You can terminate this Agreement at any time by uninstalling the Game Software. If this Agreement is terminated for any reason, you will no longer have any of the rights to the Game Software set forth in this Agreement. Some of the terms of this Agreement will survive termination, including “Ownership of Game Software,” “Disclaimer and Limitations on Our Liability,” “Indemnification,” “Arbitration Agreement and Waiver of Certain Rights,” and “Other Provisions.”
YOU USE THE GAME SOFTWARE AT YOUR OWN RISK. THE GAME SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE GAME SOFTWARE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE GAME SOFTWARE. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE GAME SOFTWARE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE GAME SOFTWARE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE GAME SOFTWARE BY ANY THIRD PARTY; OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE GAME SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
You understand and agree that we have set our prices and entered into this Agreement with you in reliance upon the limitations of liability set forth in this Agreement, which allocate risk between us and form the basis of a bargain between us.
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of this Agreement by you or anyone using your user account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
You and Max Inc's App agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Max Inc's App hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Max Inc's App relating to this Agreement or the Game Software (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Max Inc's App will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Max Inc's App from seeking action by federal, state, or local government agencies. You and Max Inc's App also have the right to bring qualifying claims in small claims court. In addition, you and Max Inc's App retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor Max Inc's App may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Max Inc's App's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of this Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Section of this Agreement will survive the termination of your relationship with Max Inc's App.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Max Inc's App WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section 13 (Arbitration Agreement and Waiver of Certain Rights) can be enforced and how it should be interpreted. Apart from this, this Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to this Agreement of the Game Software will be filed only in the state or federal courts located in the Southern District of California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of this Agreement will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK OUR WEBSITE FOR ANY CHANGES TO THIS AGREEMENT.