Effective Date: January 25, 2024
The Terms of Service (the “Terms” or “Agreement”) are a legally binding agreement between our company and its Affiliates (collectively, “CenturyGames”, “we” or “us” or “our”) and you (“You” or “Your”) with respect to your use of or access to CenturyGames’ mobile or web applications, games, websites, and/or any other services owned, operated and published by CenturyGames (collectively, the “Services”). Affiliates shall mean subsidiaries, parent companies, joint ventures and other organizations or entities under common ownership with our company.
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY INSTALLING, USING OR OTHERWISE ACCESSING ANY SERVICE, YOU AGREE TO AND ACCEPT THESE TERMS AND ACKNOWLEDGE THAT YOU READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT SUCH SERVICE IMMEDIATELY AND DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
1. Change To The Terms And Services
2. Right To Use The Services
CenturyGames expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that CenturyGames 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.
YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICES. Additionally, if you are using or accessing the Services from a jurisdiction that requires a person to be older in order to participate legally in the Services, then you represent and undertake that you are of such legal age. CenturyGames reserves 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. If you access the Services from a Social Networking Site (“SNS”), such as Facebook or Google+, then you acknowledge that you have also complied with, and will continue to remain in compliance with, the terms of service/use of such SNS as well as the Terms for the duration of your use of the Services.
As to users of some specific games that may be subject to requirements of applicable laws or regulations, you hereby explicitly consent that we may verify your personal details (including but not limited to your name, your physical address where you reside, your date of birth and identification number, your nationality, and your passport number) and that we may use location-based tracking to detect your geographic location, for the purpose of confirming the legality of your use of or access to the Services. We may request notarized document copies, meaning the documents must be stamped and attested to by a Notary Public. In the event our request for information and/or documents is not completed by you to our satisfaction, then we will be entitled to terminate your account and use of the Services and withhold any funds that are present therein without any liability.
As to users of some specific games that may be subject to requirements of applicable laws or regulations, you hereby explicitly consent to CenturyGames performing background checks on you for any reason, including but not limited to, any investigation into your identity, credit checks performed on you, or your personal history. CenturyGames shall be under no obligation to advise you of such an investigation taking place. Such activities may include the use of specific third party companies who perform the investigations as required. CenturyGames may decide, in its sole discretion, to block your account and withhold all funds on the basis of such an investigation.
You represent that you are of legal age in the jurisdiction where you reside or from where you are accessing or using the Services, that you are of sound mind and capable of taking responsibility for your own actions. You represent that all details provided by you to CenturyGames at any time are true, current, correct, complete, and not misleading. You agree to use the CenturyGames site and Services in good faith for entertainment purposes and in complete accordance with these Terms, as each may be amended from time to time, and shall abide by all rules and instructions for playing the games and other entertainment that comprise the Services.
You shall not use the Services if you are barred from using or accessing them under any and all applicable laws and regulations, including but not limited to the United States of America, the European Union, Hong Kong, Singapore, and the jurisdiction in which you are resident or from where you use or access the Services. You agree that your use of or access to the Services complies with all applicable laws, regulations and ordinances including, but not limited to, the export laws of Cayman Islands relating to software and data. If the Services or any part thereof are determined to be illegal under the laws of the jurisdiction in which you are resident or from where you use or access the Services, you shall not be granted any license to use the Services and must refrain from using the Services.
3. Account With CenturyGames
You may be required to register and establish an account in order to use the Services. You agree to provide accurate and complete registration information, and you will be responsible for keeping your password confidential.
Your account is unique to you, and you may neither transfer (or otherwise make available) your account to others, nor use anyone else’s account at any time. If you distribute your account or related information, CenturyGames reserves all rights to terminate your account immediately and without refund.
You shall not create an account using a false identity or information, or on behalf of someone other than yourself.
You are responsible for maintaining the confidentiality of your account information (including usernames, passwords and billing information). CenturyGames is not liable for any loss that you may incur as a result of someone else using your account, whether or not that activity is authorized by you.
You are liable for any losses or damages incurred by CenturyGames or any third party as a result of someone else using your account. In the event of theft, unauthorized use, or any other breach of security on your account, you must notify CenturyGames in writing immediately.
You are responsible for any and all activities that occur under or in connection with your account created in order for you to use the Services.
4. Intellectual Property/Ownership
All materials that are part of the Services (including, but not limited to, games, applications, code, themes, maps, character, stories, concept, animation, artwork, effect, methods of operation, transcript, designs, text, graphics, pictures, video, information, applications, software, music, brand, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Services are copyrighted under the Hong Kong copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without CenturyGames’ express prior written permission, except that the foregoing does not apply to your own User Content (as defined below). All other uses of copyrighted material, including any derivative use, require express prior written permission from CenturyGames. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
CenturyGames and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by CenturyGames. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any materials posted on the Services by CenturyGames, or any derivative works thereof.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a CenturyGames game client, and the CenturyGames game clients and server software) are owned by CenturyGames. CenturyGames reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CENTURYGAMES OR ITS ASSIGNEES.
5. User Content
Any communications, comments, chats, sounds and images, and all the material, data, text, graphics, photographs and their selection and arrangement uploaded to the Services (“User Content”) are subject, whether in whole or in part, to unlimited commercial, worldwide, non-commercial and/or promotional use by CenturyGames.
You hereby grant CenturyGames and its affiliates a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use or disclosure of the User Content you may submit.
Any text, graphics, and photographs and other User Content uploaded by you shall be your sole responsibility. Thus, users are solely responsible, and CenturyGames is not responsible, for any User Content users upload, post, share, or otherwise make available. CenturyGames may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content on any of the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that CenturyGames will not under any circumstances be 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. CenturyGames reserves the right to remove and permanently delete any User Content from the Services with or without notice for any reason.
You agree that you are willingly publishing the User Content on the Services using technology and tools provided by CenturyGames. You understand and agree that you may not distribute, sell, transfer or license your User Content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of CenturyGames. You grant CenturyGames the right to act as an agent for User Content on your behalf as operator of the Services.
CenturyGames reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time CenturyGames chooses, in its sole discretion, to monitor the Services, CenturyGames nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. If CenturyGames, in its sole discretion and within its rights under this Agreement, selects User Content to edit or delete, CenturyGames nonetheless assumes no responsibility or obligation to remove or modify any other inappropriate User Content. CenturyGames has the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
6. User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Service and/or CenturyGames’ games. CenturyGames reserves the right, but has no obligation, to become involved in any way with disputes between users. You will fully cooperate with CenturyGames to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting CenturyGames access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
7. Virtual Currencies/Goods
The Services may include an opportunity to earn and purchase virtual, in-game currency, including but not limited to virtual coins, points and credits (collectively, “Virtual Currency”) that may require you to pay a fee using lawful currency or “real money” to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (collectively, “Virtual Goods”) that may be purchased from CenturyGames with “real money” or with Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for lawful currency, goods, or any other item of monetary value from CenturyGames or any other party. You acknowledge and agree that Virtual Goods or Virtual Currency are licensed to you for your use through the Services and are subject to applicable laws and rules, the Terms, and limitations and terms set out in each game.
Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, or transferable, unless required by law. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside of the Services. These transfers are strictly prohibited, and we shall not be liable for any claims or damages suffered by the users with respect to Virtual Currency or Virtual Goods purchased or obtained from any third party. Doing so is a violation of the Terms and may result in termination of your account with the Services and/or legal action taken against you.
CenturyGames retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods and services are subject to change without notice.
YOU ACKNOWLEDGE AND AGREE THAT CENTURYGAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, IN THE EVENT OF A REFUND AS REQUIRED BY APPLICABLE LAWS, THE TERMS AND CONDITIONS OF THIRD-PARTY PAYMENT PROCESSOR WILL APPLY AND ANY RELATED FEES SHALL BE BORNE BY YOU; AND THAT YOU WILL NOT RECEIVE LAWFUL CURRENCY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY AND VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8. Updates to the Service
You understand that each Service is an evolving one. CenturyGames may require that you accept updates to the Services and to CenturyGames’ games that you may have installed on your device or computer. You acknowledge and agree that CenturyGames may update the Services and CenturyGames’ games, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play CenturyGames’ games.
9. Rules of Conduct/Usage
The Services may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users of the Services. CenturyGames has no obligation to monitor these Communication Channels, but CenturyGames may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. CenturyGames may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by CenturyGames, and these communications shall not be considered reviewed or approved by CenturyGames. CenturyGames will not under any circumstance be liable for any activity within Communication Channels.
You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. CenturyGames is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You agree that your use of the Services shall be lawful at all times and that you will fully comply with the usage rules in all respects. In furtherance of the foregoing, and for illustrative purposes only and not as a limitation, you agree not to use the Services in order to:
• post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers;
• violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
• attempt to obtain passwords or other private information from other members;
• improperly use support channels or complaint buttons to make false reports to CenturyGames;
• develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable license agreements;
• exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
• violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
The following objectionable content and behaviors shall be prohibited while you use our services:
(i) any content that sexualizes minors including but not limited to promoting pedophilia or inappropriate interaction targeted at a minor (e.g. groping or caressing).
(ii) any content that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying.
(iii) any hate speech that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
(iv) any content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.
(v) any content that lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, conflict, death, or other tragic event unless that content has EDSA (Educational, Documentary, Scientific, or Artistic) value or intends to alert users to or raise awareness for the sensitive event.
(vi) any content that contain or facilitate threats, harassment, or bullying.
WITHOUT LIMITING ANY OTHER REMEDIES AVAILABLE TO IT, CENTURYGAMES RESERVES THE RIGHT TO IMMEDIATELY LIMIT, SUSPEND, TERMINATE, MODIFY, BLOCK OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR CENTURYGAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU MAY LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND CENTURYGAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. CENTURYGAMES SHALL BE ENTITLED TO INFORM RELEVANT AUTHORITIES, OTHER ONLINE SERVICE PROVIDERS AND BANKS, FINANCIAL INSTITUTIONS OR OTHER INTERESTED THIRD PARTIES OF YOUR IDENTITY AND OF ANY SUSPECTED UNLAWFUL, FRAUDULENT OR IMPROPER ACTIVITY.
WITHOUT LIMITING OUR OTHER REMEDIES AVAILABLE, CENTURYGAMES RESERVES THE RIGHT TO IMMEDIATELY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF CENTURYGAMES BELIEVES THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, CENTURYGAMES MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND, BLOCK OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
CENTURYGAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
10. Privacy and Protection of Personal Information
11. Disclaimer of Warranty
YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES SHALL BE AT YOUR SOLE RISK, AND THAT CENTURYGAMES PROVIDES THE SERVICES ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CENTURYGAMES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS OF THE SERVICES, OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICES LIES WITH YOU.
CenturyGames makes no warranties or representations about the accuracy of any information, reliability of the materials, the full functionality of the Services or as to results or completeness of the content of the Services or of the content of any sites linked to the Services. CenturyGames makes no warranty that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the server that makes the Services available are free of viruses or bugs, or that the systems or networks will be backed up. CenturyGames assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any illegitimate or unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
CenturyGames shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the serve that hosts the CenturyGames sites.
12. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT:
YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION, AND RISK.
CENTURYGAMES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT CENTURYGAMES WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY SPECIFIC GEOGRAPHIC AREA.
UNDER NO CIRCUMSTANCES WILL CENTURYGAMES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO CENTURYGAMES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CENTURYGAMES NOR ANY THIRD PARTY SERVICE PROVIDER OR THIRD PARTY LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION, ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES, USE OF ANY LINK CONTAINED ON THE SITE OR OTHERWISE VIA THE SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION.
IN NO EVENT SHALL CENTURYGAMES OR ANY THIRD PARTY SERVICE PROVIDER OR THIRD PARTY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY BEYOND THE AMOUNT YOU HAVE PAID TO CENTURYGAMES IN THE NINETY (90) DAYS FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER PECUNIARY OR CONSEQUENTIAL LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
CENTURYGAMES SHALL NOT BE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CENTURYGAMES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND.
13. Indemnification by You
You agree to defend, fully indemnify and hold CenturyGames, third party service providers and licensors, and their respective officers, directors, agents, and employees (the “Indemnified Parties”) harmless from and against any and all claim, liability, loss, injury, damage, cost, or expense, or any other charges whatsoever, however caused, including attorneys’ fees and costs, incurred by any Indemnified Party, arising out of or resulting from your access or use of the Services including, but not limited to, your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; any violation by you of any law or the rights of any third party; any User Content posted, transmitted or provided by you or on your behalf; any use by you of the Services or use by any other person accessing the Services using your user identification, whether or not with your authorization; your violation of any third party’s intellectual property or other legal rights; or the illegal or improper use of your user account.
14. Limitations Period for Claims
16. No Waiver
Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by CenturyGames shall be deemed a modification of these Terms nor deemed legally binding, unless documented in physical writing, hand signed by you and a duly appointed representative of CenturyGames.
18. Governing Laws
19. Dispute Resolution—If You live in the United States
PLEASE READ THIS DISPUTE RESOLUTION PROVISION (“PROVISION”) CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
If You live in the United States, You and CenturyGames agree that all Disputes between You and CenturyGames 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, (2) if You opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this Provision carefully.
a. Purpose & Disputes Covered
This Provision facilitates the prompt and efficient resolution of any Disputes (including, except as provided below, a Dispute as to whether a Dispute is covered by this arbitration agreement) that may arise between CenturyGames and You or anyone acting on Your behalf, asserting Your rights, or seeking damages or losses incurred by You.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, You waive Your right to litigate claims in court and waive the right to have Your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
When You first consent to these Terms, You have the right to opt-out of this Provision, which means You would retain Your right to litigate Your Disputes in a court, either before a judge or jury. If You have previously consented to arbitrate, then You may only opt out of the revised arbitration procedure contained herein, and the last Terms that You agreed to will govern our relationship going forward.
b. Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND CENTURYGAMES EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, OR MASS OR COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSIDERED IN A SINGLE ACTION). YOU AND CENTURYGAMES AGREE THAT ANY DISPUTE OVER WHETHER A DISPUTE IS SUBJECT TO THIS PROVISION WILL BE RESOLVED BY BINDING ARBITRATION. YOU AND CENTURYGAMES AGREE THAT ANY PERSON PURPORTING TO ACT ON YOUR BEHALF, ASSERING YOUR RIGHTS, OR SEEKING DAMAGES OR OTHER REMEDIES ON YOUR BEHALF WILL SUBMIT TO BINDING ARBITRATION AS SET FORTH IN THIS PROVISION.
You understand and agree that by entering into this agreement You and CenturyGames are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and CenturyGames might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
c. Class Action Waiver
YOU AND CENTURYGAMES AGREE THAT YOU AND CENTURYGAMES MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSIDERED IN A SINGLE ACTION), OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND CENTURYGAMES EACH AGREE THAT YOU AND CENTURYGAMES ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, claim on behalf of a third-party, consolidated action or private attorney general action, or any type of action where You seek to recover for damage sustained on behalf of a third party) unless both You and CenturyGames specifically agree to do so following initiation of the arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, Disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the Dispute is filed as a class, collective, or representative action, or otherwise falls within the scope of the Class Action Waiver, and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If You choose to pursue Your Dispute in court after opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
d. Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first give CenturyGames an opportunity to resolve the Dispute, and during such resolution process, both You and the CenturyGames agree to participate in good faith. Notwithstanding Section 18 of these Terms, You must commence this process by providing written notification to: 447 Sutter St Ste 405 # 329 San Francisco ,CA 94108.
That written notification must include (1) Your name, (2) Your address, (3) a written description of your Claim, (4) identification of the Service at issue, (5) game account, and (6) a description of the Dispute and the specific relief You seek. If CenturyGames does not resolve the Dispute within 45 days after it receives Your written notification, You may pursue Your CenturyGames in arbitration. You may pursue your CenturyGames in a court only under the circumstances described below.
e. Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, You or CenturyGames may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE CENTURYGAMES 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 (the “Arbitration Opt-Out Notice”). Notwithstanding Section 18 of these Terms, to opt-out of these arbitration procedures, You must provide written notification to: 447 Sutter St Ste 405 # 329 San Francisco ,CA 94108.
Your written notification must include (1) Your name, (2) Your address, (3) Game account; and (4) a clear statement that you do not wish to resolve disputes with CenturyGames through arbitration. Your decision to opt-out of this Provision will have no adverse effect on Your relationship with CenturyGames. If You do not provide CenturyGames with an Arbitration Opt-Out Notice within 30 days from the date that You first consent to these Terms, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clause (i) above.
Nothing in this Provision precludes You or CenturyGames from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction including without limitation injunctive relief necessary to prevent irreparable harm to intellectual property, trade secrets, or goodwill.
f. Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either You or CenturyGames may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, ADR Services, Inc., www.adrservices.com, (415) 772-0900, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration. Unless both You and the CenturyGames agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 20(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any Dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. But a court has exclusive authority to enforce the Class Action Waiver, which prohibits arbitration on a class-wide basis or in a representative capacity, as set forth in Section 20(c). Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 20 specifically.
ADR Services, Inc.’s Arbitration Rules shall apply to any arbitration, however, this Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages incurred by a third party or relief for any harm incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of review provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – For Disputes between the CenturyGames and users who are residents of the United States, You or CenturyGames may initiate arbitration in San Francisco, California. However, when, and only when, required by law, the arbitrator shall be authorized to convene a hearing in a different location. In such instances and only to the extent required by law, CenturyGames will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, CenturyGames will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person. Any party shall be entitled to participate in any merits evidentiary hearing or pre- or post-hearing proceeding telephonically or via videoconference, and any proceedings other than the merits evidentiary hearing will presumptively be conducted telephonically or by videoconference unless contrary to law.
Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
Notwithstanding Section 16 of these Terms, 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, however, 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.
This Provision shall survive this Agreement, the termination of Your account (if applicable), and/or Your access to or use of the Services.
20. Dispute Resolution—If You live in a country other than the United States
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
If a Dispute arises between you and CenturyGames, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://www.centurygames.com/contact-us/ or by sending a letter to our customer e-mail: firstname.lastname@example.org.
Any Dispute between you and CenturyGames that arises in whole or in part from your use of or access to the Services shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Center (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force. The seat of the arbitration shall be Singapore. The arbitration tribunal shall consist of one arbitrator appointed by the SIAC. The language of the arbitration shall be English.
YOU ACKNOWLEDGE AND AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR CENTURYGAMES WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
21. Litigation, jurisdiction, and venue
If You reside in the United States or You initiate a Dispute in any way arising under or related to the laws of the United States, or any of its several States, or any subdivision thereof, You and CenturyGames agree (i) that any litigation between You and CenturyGames, including any litigation relating to arbitration, shall be conducted exclusively in courts embracing San Francisco, California, and (ii) to submit to the personal jurisdiction of the state and federal courts embracing San Francisco, California, for the purposes of any litigation between You and CenturyGames.
CenturyGames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CenturyGames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond CenturyGames’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and CenturyGames.
Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of CenturyGames, including for the avoidance of doubt on any amounts standing to the credit of your account.
By using the Services, you agree to comply in full with all applicable tax laws, and hereby release CenturyGames from any and all liability associated with your compliance with any applicable tax laws.
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
Terms of Service April 23, 2023 https://www.centurygames.com/terms/