TERMS OF SERVICE
Welcome to RIVER GAME!
These Terms of Service (or “Terms”) is an agreement between you and RIVER GAME HK LIMITED. (“RIVER GAME”, “we”, “our”, or “us”). The Terms govern your use of our applications for mobile platforms or devices and web applications (collectively, “Applications”). These Terms also govern your use of game publisher networks and platforms related to our Applications (collectively “Networks”), web domains and subdomains (collectively “Sites”) and web forums or messaging boards related to our Applications and Sites (collectively “Forums”). Any and all of our Applications, Networks, Sites and Forums are referred to herein as our “Services”.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND RIVER GAME (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING OR ACCESSING ANY OF OUR APPLICATIONS AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US, YOU AGREE THAT (1) YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, AND (2) YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION AND HAVE THE CAPACITY TO FORM A BINDING CONTRACT WITH RIVER GAME. IF YOU DO NOT AGREE TO THESE TERMS, ARE NOT OF AGE OF MAJORITY OR DO NOT HAVE THE CAPACITY TO CONTRACT WITH RIVER GAME, YOU MUST NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY (“PRIVACY POLICY”), AND AGREE TO RIVER GAME COLLECTING, USING, DISCLOSING OR PROCESSING YOUR PERSONAL INFORMATION IN ACCORDANCE WITH AND FOR THE PURPOSES AS SET OUT IN OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with RIVER GAME. For users who are residents of the United States only, you and the RIVER GAME agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court as provided below in Section 22. You may opt out of the binding individual arbitration and class action waiver as provided below in Section 22 of these Terms.
1. Modification
RIVER GAME reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time. If we modify these Terms, we will post these Terms as modified and use commercially reasonable methods to provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms and provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services. You agree that RIVER GAME may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, for any reason, without notice to you and without liability.
2. No Unlawful or Prohibited Use
By using our Services, you represent and warrant to us that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms or applicable laws.
3.Right to Use
In order to access the full feature set of our Services, you may need to create an account within our Services. You may be required to provide certain information, and you agree to provide accurate, current and complete information during the process and to update such information to keep it accurate, current and complete. You agree to monitor and restrict access to your account by minors, and you are fully responsible for any unauthorized use of our Services, including any use of your credit cards or other payment methods by minors.
RIVER GAME reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, or if we are directed or requested to do so by a court, administrative agency or other governmental body. If you do not have an account, we may allow you to only browse or use in limited ways those parts of our Services that are not limited to users with account only. You agree to take sole responsibility for any activities or actions under your account, whether or not such activities or actions were taken by you or you have authorized such activities or actions. RIVER GAME shall be entitled to rely on, and hold you responsible and liable for, such activities or actions, as if such activities or actions were authorized or taken by you. You will immediately notify RIVER GAME of any unauthorized use of your account. Even though we use the word “your” to describe an account you created, you agree that you have no ownership or other property interest in such account at all, and you further agree that all rights in and to such account are and always will be owned by and inure to the benefit of RIVER GAME.
RIVER GAME expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that RIVER GAME may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.
At our sole discretion, we may require proof that you meet these conditions in connection with the use of the Service. We reserve the right to request proof of age at any stage to verify that persons not of legal age are not using or accessing the Services. Failure to comply with this condition will result in closing of your account and loss of all Virtual Items (defined in Section 11 below) accumulated through your use of the Service.
PARENTAL CONSENT AND RESPONSIBILITY FOR MINORS
If you are a parent or guardian of a minor who is under the age of 18 (or the applicable age of majority in your location), please make sure that you have read this Terms of Services before allowing your child to create their own accounts or to use our Services. By permitting your child to use our Services, you agree that you are subject to this Terms of Services and that you are responsible for your child’s activities while using our Services. You agree to supervise your child’s use of our Services and make sure that your child only views the contents that are age-appropriate for them. If a minor makes a purchase and later seeks to disaffirm it, you, as the parent or guardian, agree to indemnify RIVER GAME for any amounts owed and authorize RIVER GAME to retain the funds spent.
4. Privacy
You acknowledge and agree that RIVER GAME will collect from you and your device, use, and share certain personal information as described in our Privacy Policy for respective Services. By accessing and using our Services, you agree that you have read and understood such Privacy Policy, and agree to RIVER GAME collecting, using, disclosing or processing your personal information in accordance with and for the purposes as set out in our Privacy Policy.
5. Content
Certain types of content are made available on or through our Services:
(1) User Content: which means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a user on or through our Services.
(2) RIVER GAME Content: which means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, RIVER GAME or our licensors' trademarks and logos, RIVER GAME Applications, and other content made available by RIVER GAME on or through our Services, including any Customizations but excluding User Content. “Customizations” means the modifications, designs or enhancements to RIVER GAME Content as a result of a user's customization of a RIVER GAME Content. For the avoidance of doubt, Customizations do not include User Content.
6. Ownership
Our Services and RIVER GAME Content are protected by copyright, trademark, and other laws of the applicable jurisdiction. Except as expressly provided in these Terms, RIVER GAME and our licensors exclusively own all right, title and interest in and to the Services and RIVER GAME Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”). RIVER GAME will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or RIVER GAME Content.
7. RIVER GAME Content License
Subject to your compliance with these Terms, RIVER GAME hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use an object code copy of the Application including RIVER GAME Content for the account on the device owned or leased solely to you. RIVER GAME also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service including RIVER GAME Content that are not part of the Application. Use of the Service or RIVER GAME Content shall be solely for your own, private, personal and non-commercial entertainment purposes and for no other purpose. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or RIVER GAME Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by RIVER GAME or its licensors, except for the licenses and rights expressly granted by these Terms.
You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that RIVER GAME may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that RIVER GAME has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and RIVER GAME and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
8. User Content
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics. RIVER GAME cannot guarantee that other users 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 do not post it on the Service. RIVER GAME IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS.
RIVER GAME may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by RIVER GAME, and these communications should not be considered reviewed or approved by RIVER GAME. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that RIVER GAME will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
By making available any User Content on or through our Services, you hereby grant to RIVER GAME a worldwide, irrevocable, perpetual, non-exclusive, transferable, license-fee-free and royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of our Services. RIVER GAME does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to RIVER GAME the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or RIVER GAME’s use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate any third party's rights (including without limitation to Intellectual Property Rights and rights of publicity or privacy), defame any third party, or result in the violation of any applicable law or regulation.
RIVER GAME shall have the right to disable or remove your User Content if we, in our sole discretion, deem your User Content to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms or in the violation of any applicable laws. Without limitation to the foregoing, if we are requested, ordered or directed to do so by a court, administrative agency or other governmental body, we may also, depending on the nature of your User Content and our obligations under applicable laws, require you to post correction notices, disable access to your User Content by other users, stop delivery of your User Content to particular users, restrict your account from interacting with other users, or remove your User Content from the Applications or Services.
9. No Infringing Use
You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
10. Ratings, Chat, Comments & Feedback
You may be able to chat and make comments about content made available on or through our Services (“Comments”). RIVER GAME advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or through our Services, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf. You should be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, RIVER GAME may, but is under no obligation to do so, monitor or censor Comments and disclaims any and all liability relating thereto.
Notwithstanding the foregoing, RIVER GAME does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms, or if we are requested or directed to do so by a court, administrative agency or other governmental body.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services (“Feedback”). You may submit Feedback by emailing us via email listed in Contact Us below, or by submitting through our Feedback system within our Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of RIVER GAME and you hereby irrevocably assign to RIVER GAME and agree to irrevocably assign to RIVER GAME all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein. Further, we are under no obligation to provide compensation for any Feedback. At RIVER GAME 's request, you will execute documents and take such further acts as RIVER GAME may reasonably request to assist us to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections in the Feedback.
11. Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; (b) virtual in-game points, and (c) virtual currency, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your account, termination of these Terms, and/or the discontinuation of the Service. RIVER GAME prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by RIVER GAME in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without RIVER GAME’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination. You acknowledge and agree: (a) that RIVER GAME may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that RIVER GAME has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. RIVER GAME reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that RIVER GAME shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. RIVER GAME may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. RIVER GAME owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. 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 Items therein, whether “earned” in a game or “purchased” from RIVER GAME.
12. Orders, Payments and Refunds
12.1 You may purchase, with real-world money, limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licenses to use Virtual Items within the Services. You acknowledge and agree that Virtual Items are licensed, not sold, have no monetary value, and are not redeemable for real money or items of value outside the Services.
12.2 The provision of Virtual Items for use in RIVER GAME’s games constitutes a service provided by RIVER GAME that commences immediately upon RIVER GAME’s acceptance of your purchase. By completing the purchase, you expressly request and consent to RIVER GAME beginning performance of the Services and delivering the Virtual Items before the expiration of any applicable statutory withdrawal period. You acknowledge and agree that, to the extent permitted by applicable law, your statutory right of withdrawal may no longer apply once the perfomance has begun or the Virtual Items have been delivered, accessed, or used.
12.3 Except as expressly stated in these Terms, as provided in the game, or otherwise required under applicable law, all purchases are final and non-refundable. Where refund is otherwise granted the corresponding Virtual Items may be removed or your account may be adjusted. For clarity, purchases made through third-party marketplaces may also be subject to their own refund policies and procedures.
12.4 If a refund or chargeback is successfully processed through a third-party platform while the corresponding Virtual Items have already been performed, delivered or used, RIVER GAME may remove such Virtual Items, restrict access to certain Services, or take other remedial actions, including but not limited to recording a negative balance or suspending your account.
You acknowledge that repeated, abusive, or bad-faith refund behavior may result in account restrictions, suspension, or termination.
12.5 If you are under the age of legal majority in your jurisdiction, purchases may be made only with the involvement and consent of your parent or legal guardian. Refund requests based on minor status may require reasonable verification materials. Except as expressly stated under applicable laws, failure to provide the requested verification materials, or provision of incomplete information, may result in rejection of the refund request.
12.6 You acknowledge and agree that certain purchase of Virtual Items in the game is processed by third-party billing systems (including but not limited to Google Play and App Store). Accordingly, we may not able to provide bills or invoices relating to such transactions; however, you may view the orders and records through the corresponding third-party billing platform.
13. Taxes
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an account linked to you.
14. Mobile Operating Software Providers and Third-Party Publishers
Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download RIVER GAME Applications from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms, you must also comply with the terms and conditions of such virtual storefront or marketplace, such, as for example, Google’s Android Market.
In addition, RIVER GAME may from time to time offer access to third-party mobile applications available via our Services, which are designed by third-party publishers. You understand and agree that access to, and use of, any third-party mobile application shall be subject to terms and conditions of use provided by the third-party publisher of such third-party mobile application.
You further acknowledge and agree that (1) RIVER GAME has no control over such OS Providers or third-party publishers, and shall under no circumstance be deemed a party to any agreement or arrangement between you and them; (2) RIVER GAME shall have no obligation to review the services or products provided by such OS Providers or third-party publishers, makes no representations or warranties as to such services or products, and shall not be deemed to endorse any OS Providers or third-party publishers or their products and services; and (3) you shall not hold RIVER GAME liable for, and shall release RIVER GAME from any liabilities, losses or damages (whether direct, indirect, incidental, consequential, special, exemplary, punitive, enhanced or otherwise) that may be caused by such OS Providers or third-party publishers or incurred by you as a result of using any products or services provided by such OS Providers or third-party publishers.
15. Interactions between Users
You are solely responsible for your interactions (including any disputes) with other RIVER GAME users. Even if we choose to offer report user, block user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other RIVER GAME users. You agree to take reasonable precautions in all interactions with other RIVER GAME users, particularly if you decide to meet a RIVER GAME user offline, or in person. Your use of our Services, RIVER GAME Content, User Content and any other content made available through our Services is at your sole risk and discretion and RIVER GAME hereby disclaims any and all liability to you or any third party relating thereto. RIVER GAME reserves the right to contact users, in compliance with applicable laws and regulations, in order to evaluate compliance with these Terms and any other applicable rules. You will cooperate fully with RIVER GAME to investigate any suspected unlawful, fraudulent or improper activity.
16. General Prohibitions
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, RIVER GAME or other users, and that you shall not act in bad faith in your use of the Service. If RIVER GAME determines that you do act in bad faith in violation of these Terms, or if RIVER GAME determines that your actions fall outside of reasonable community standards, RIVER GAME may, at its sole discretion, make adjustments to the Virtual Items associated with your account, including, without limitation, removing or reversing any credits, rewards, in-game currency and/or any value obtained, and may terminate your account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
(1) Violate the RIVER GAME Code of Conduct;
(2) Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
infringes, misappropriates or violates a third party's Intellectual Property Rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
(3) Use, display, mirror, frame or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, RIVER GAME 's name, any RIVER GAME or RIVER GAME licensor's trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without RIVER GAME 's express written consent;
(4) Access, tamper with, or use non-public areas of our Services, RIVER GAME's computer systems, or the technical delivery systems of RIVER GAME's providers;
(5) Attempt to probe, scan, or test the vulnerability of any RIVER GAME system or network or breach any security or authentication measures;
(6) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by RIVER GAME or any of RIVER GAME 's providers or any other third party (including another RIVER GAME user) to protect our Services or RIVER GAME Content;
(7) Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
(8) Attempt to access or search our Services or RIVER GAME Content, or download RIVER GAME Content from our Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by RIVER GAME or other generally available third-party web browsers;
(9) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(10) Use any meta tags or other hidden text or metadata utilizing a RIVER GAME or RIVER GAME licensor's trademark, logo URL or product name without RIVER GAME 's express written consent;
(11) Use our Services or RIVER GAME Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms, including but not limited to (a) operating in a cyber cafe, gaming center, or any other physical location; (b) collecting Virtual Items or other in-game resources for sale outside the Services; or (c) offering in-game services for payment outside the Services, such as power leveling;
(12) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way our Services or RIVER GAME Content to send altered, deceptive or false source-identifying information;
(13) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Services or RIVER GAME Content;
(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 our Services, or upload to, store on, transmit through or make available through our Application or Services any computer code, files, scripts and programs, including any malware and/or software, that is intended or known to be harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorized disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, ransomware and any new type of threats (collectively “Harmful Code”);
(15) Collect or store any personally identifiable information from our Services, or from other users of our Services, without their express permission;
(16) Impersonate or misrepresent your affiliation with any person or entity;
(17) Violate any applicable law or regulation;
(18) Post User Content or take any action that infringes or violates the rights of another user: bully, harass or intimidate any user of the Services; solicit user login credentials from another user or collect User Content or otherwise access the Services by automated means including but not limited to, bots, robots, spiders;
(19) Create an account for anyone other than yourself;
(20) Use your user profile for personal commercial gain; use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Service;
(21) Abuse, exploit, distribute or publicly inform other users of a bug, glitch, game error or mechanism on the Service which gives users an unintended advantage; or engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation;
(22) Posting spam or reposting removed content in the Forums. This includes but is not limited to posting the same content multiple times or reposting a thread or topic that has been removed from the Forums;
(23) Unsportsmanlike behavior;
(24) Account sharing, including but not limited to the sharing of username and password for others to login for you;
(25) Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting RIVER GAME’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
(26) Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
(27) To the extent the Services functionality permits, you will not post or communicate any person’s ‘real world’ personal information whilst using the Services or via any chat rooms or forums; or
(28) Encourage or enable any other individual or group to do any of the foregoing.
RIVER GAME will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and Services security issues, to the fullest extent of the law. RIVER GAME may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that RIVER GAME has no obligation to monitor or record your access to or use of our Services or RIVER GAME Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating or improving our Services, to ensure your compliance with these Terms, or to comply with applicable laws and regulations or the order or requirement of a court, administrative agency or other governmental body.
You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. RIVER GAME reserves the right, at any time and without prior notice, to remove or disable access to any User Content that RIVER GAME, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services.
17. Gameplay Integrity and Fair Play
To maintain a safe, fair, and competitive gameplay environment for all users, RIVER GAME strictly prohibits cheating, as well as any prohibited activities that grants an unfair advantage or otherwise undermines the integrity of the Services. Prohibited activities include, but are not limited to:
a) Using Cheats: Utilizing any unauthorized programs, methods, or tools (including software or hardware), such as bots, hacks, scripts, gameplay-altering mods, malware, or other third-party software designed to modify the Services or provide an unfair advantage.
b) Unauthorized Exploitation: Abusing or exploiting unintended game features, bugs, or design flaws for personal gain.
c) Improper Conduct: Engaging in activities such as account sharing, win-trading, or colluding with other players to manipulate game outcomes.
17.1 Anti-Cheat Technologies
To enforce these rules, RIVER GAME may deploy or require you to install security and anti-cheat software or services (the “Anti-Cheat Solutions”). These Anti-Cheat Solutions may be included with the Application or require separate installation and updates.
The Anti-Cheat Solutions may monitor your gameplay and device’s RAM, running processes, and game-related files to detect and prevent cheating. These tools are designed solely for the purpose of identifying and preventing the use of unauthorized third-party programs and prohibited activities.
Information collected by the Anti-Cheat Solutions for this purpose may include data about your account, gameplay, device, and programs or processes identified as potential cheats. All data collection is subject to our Privacy Policy, which you are encouraged to review for detailed information.
Refusal to install, disabling, or interfering with the Anti-Cheat Solutions may result in the suspension or termination of your access to the Services.
17.2 Enforcement and Consequences
If RIVER GAME reasonably determines that you have violated this Section, we may take enforcement actions against your account. These actions may range from a warning to temporary suspension, feature restrictions, or permanent termination of your account and license, depending on the severity and frequency of the violation.
We will notify you of any suspension or termination and provide an opportunity to appeal the decision through our official support channels, unless doing so would compromise our detection methods or is otherwise prohibited by law. While we are not required to disclose the specific details of our detection methodologies, we will inform you of the grounds for our action.
18. Links and Third-Party Materials
Our Services may contain links to third-party websites or resources. You acknowledge and agree that RIVER GAME is not responsible or liable for:
(1) the availability or accuracy of such websites or resources; or
(2) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by RIVER GAME of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you elect to use our Services on mobile carrier networks, such carrier's normal billing rates will apply. In addition, certain content, products, and services available via our Services may include materials from third parties. You agree that RIVER GAME is not responsible for examining or evaluating third-party content, or such content's accuracy, and RIVER GAME does not warrant and will not have any liability or responsibility for any materials, products, or services of third parties. You agree that you will not use any third-party mobile applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that RIVER GAME is not in any way responsible for any such use by you.
19. Sweepstakes and Contests
RIVER GAME may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules of each Promotion in which you participate through the Services, as they may contain additional important information about RIVER GAME 's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion.
20. Updates to the Site and Service; Maintenance
You acknowledge and agree that RIVER GAME may update the Service with or without notifying you. RIVER GAME may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service.
RIVER GAME conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods.
21. Termination of Accounts
Without limiting other remedies, RIVER GAME may at any time suspend or terminate your account and refuse to provide access to our Services if RIVER GAME is requested, ordered or directed to do so by a court, administrative agency or other governmental body, or if RIVER GAME suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:
(1) failed to comply with any provision of these Terms or any policies or rules established by RIVER GAME;
(2) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, RIVER GAME users, RIVER GAME or any other third parties or our Services; or
(3) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer.
In addition, RIVER GAME may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your account at any time and for any reason by contacting our customer service in the game, or via email listed in Contact Us below.
22. Effects of Termination, Suspension of Account
Upon termination of your account for any reason by you or us, you will lose all access to such account. Terminated accounts cannot be reinstated; any account that may be created by you after termination of an account is a unique account. If your account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your account is terminated for any reason by you or us, you understand and agree that RIVER GAME may redeem and use the Virtual Items in the account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Items.
In addition, if there is no activity in your account for 3 years (Inactive account), you understand and agree that (i) RIVER GAME may redeem and use the Virtual Items in the Inactive account at such time for any purpose that it may choose, and that on the account becoming an Inactive account you will have no right to that Virtual Items; and (ii) any Virtual Items to which you had access via the Inactive account up to the account becoming an Inactive account will be lost and no longer be available to you, and you will have no right to them. You agree that RIVER GAME is not required to provide a refund for any reason except as required by law, and that you will not receive money or other compensation for unused Virtual Items in an Inactive account or that was in a terminated account, no matter how either came about.
After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. RIVER GAME will not be liable to you or any third party for termination of our Services or termination of your use of our Services. Upon any termination or suspension of your account, any content, materials or information (including User Content) that you have submitted on our Services or that which is related to your account may no longer be accessed by you. Furthermore, RIVER GAME will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to RIVER GAME under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
23. Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and RIVER GAME agree that all Disputes between you and RIVER GAME will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, or (2) if you opt out of this arbitration agreement as described in section (e) below.
a. Purpose and Disputes Covered
This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and RIVER GAME. "Dispute" means any dispute, claim, or controversy between you and RIVER GAME regarding any aspect of your relationship with RIVER GAME, whether based in contract, tort, statute, or any other legal or equitable theory.
Arbitration is a form of private dispute resolution where parties waive their right to file a lawsuit and proceed in court to a jury trial. By agreeing to these Terms, you waive your right to litigate claims in court and have them heard by a judge or jury.
b. Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND RIVER GAME EACH AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT. YOU AND RIVER GAME FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
c. Class Action Waiver
YOU AND RIVER GAME AGREE THAT YOU MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION ("CLASS ACTION WAIVER"). The arbitrator shall have no authority to consider or resolve any claim on any basis other than an individual basis.
d. Pre-Arbitration Claim Resolution
For all Disputes, you must first give RIVER GAME an opportunity to resolve the Dispute by providing written notification to: 【support_th@rivergame.net】. The written notification must include your name, address, description of your claim, User ID, the facts underlying your Dispute, and the specific relief you seek. If RIVER GAME does not resolve the Dispute within 45 days after receiving your written notification, you may pursue your Dispute in arbitration.
e. Exclusions from Arbitration / Right to Opt Out
For Users who are residents of the United States only: You may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies for small claims court; or (ii) YOU PROVIDE RIVER GAME WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT. Such written notice must be sent to the address provided in section (d).
Additionally, notwithstanding the above, You and RIVER GAME reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional misuse of its intellectual property, services, and products.
f. Arbitration Procedures
If this Provision applies and the Dispute is not resolved through the Pre-Arbitration Claim Resolution procedures, the Dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The arbitral award is final and binding upon both parties.
g. Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
h. Continuation
This Provision shall survive this Agreement, the termination of your Account, and/or your access to or use of the Service.
24. Governing Law and Venue
These Terms and any action related thereto will be governed by the laws of the Hong Kong Special Administrative Region without regard to its conflict of laws provisions.
For users who are not residents of Hong Kong, any action or proceeding arising from or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
25. Disclaimer of Warranties
To the maximum extent permitted by law, our Services, RIVER GAME Content, and User Content are provided as is, without representation or warranty of any kind, whether, express, implied, statutory or otherwise. Without limiting the foregoing, to the maximum extent permitted by law, RIVER GAME explicitly disclaims any representations and warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any representations and warranties arising out of course of dealing or usage of trade. RIVER GAME makes no representation or warranty that our Services, RIVER GAME Content or User Content will meet your requirements or be available on an uninterrupted, secure, Harmful-Code-free or error-free basis. RIVER GAME makes no warranty regarding the quality of any products, services or content purchased or obtained through our Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through our Services. No advice or information, whether oral or written, obtained from RIVER GAME or through our Services, RIVER GAME Content or User Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that RIVER GAME does not screen or inquire into the background of any users of the Service, nor does RIVER GAME make any attempt to verify the statements of users of the Service. RIVER GAME makes no representations or warranties as to the conduct of users of the Service or their compatibility with any current or future users of the Service. You agree to take reasonable precautions in all communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section may not apply to you but only to the extent prohibited by applicable law.
26. Indemnity
You agree to defend, indemnify, and hold RIVER GAME, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access or use of our Services; (ii) your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under these Terms; (iii) any materials, User Content or other information provided by you or on your behalf; (iv) your violation of any applicable laws or third-parties' rights and interests; and/or (v) your other illegal or inappropriate behavior.
27. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our Services, RIVER GAME Content, and User Content therein remains with you. Neither RIVER GAME nor any other party involved in creating, producing, or delivering our Services or RIVER GAME Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss or corruption of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with these terms or from the use of or inability to use our Services or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RIVER GAME has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that RIVER GAME is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, RIVER GAME will have no liability to you or to any third party for any User Content or third-party content uploaded onto or downloaded from or through our Services. In no event will RIVER GAME's aggregate liability arising out of or in connection with these terms or from the use of or inability to use our Services or RIVER GAME Content or User Content therein or provided thereby exceed five hundred Hong Kong dollars (HKD 500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between RIVER GAME and you.
28. Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of RIVER GAME or our licensors used in association with the Services are trademarks or registered trademarks of RIVER GAME or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
29. Additional Mobile Platform Terms
iOS Apps: You acknowledge that these Terms are solely between you and RIVER GAME, not with Apple. RIVER GAME, not Apple, is solely responsible for the iOS App and any related claims. Apple has no obligation to provide maintenance or support. To the extent required by these Terms, RIVER GAME is responsible for addressing any third-party intellectual property infringement claims related to the iOS App. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license of the iOS App.
Android Apps: You acknowledge that these Terms are solely between you and RIVER GAME, not with Google. RIVER GAME, not Google, is solely responsible for the Android App and any related support, maintenance, or claims.
30. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between RIVER GAME and you regarding our Services and RIVER GAME Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RIVER GAME and you regarding our Services and RIVER GAME Content.
31. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without RIVER GAME's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. RIVER GAME may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
32. Notices
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by RIVER GAME via email (in each case to the address that you provide) or (ii) by posting on or through our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
33. Waiver and Severability
The failure of RIVER GAME to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RIVER GAME. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
34. Affiliate Publishers
You agree that (i) these Terms are intended to cover any publisher who is an affiliate of RIVER GAME (“Affiliate Publisher”); (ii) your obligations to RIVER GAME under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any third-party terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.
35. Contact Us
If you have any questions about these Terms, please contact us via customer service or send an email to 【support_th@rivergame.net】.