TERMS OF USE

About you

By using the Game, you agree that you are at least 18 years of age(or age of majority otherwise determined in your country of residency), or, if you are younger than 18 years of age(or age of majority otherwise determined in your country of residency) that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and they take full responsibility for your compliance with them. Where a parent or guardian notifies us, with evidence reasonably satisfactory to us, that a child has provided false age information when registering for our Game, we will Suspend the Account (as defined below) once we are reasonably satisfied that the person making the report is in fact the child's parent or guardian.

Who we are

1. We are Shanghai Lingneng Modong Network Technology Co., Ltd,a company registered in Unit J, 1/F, Building 1, No.655 Yinxiang Road, Jiading District, Shanghai, China.

2. You can contact us at bidking@elegoosehw.cn.

Changes to these Terms

Account

1. To use certain features of our Game you may be required to create an account with us and/or with the third-party platform operator e.g. Apple or Google (Account). To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activities associated with your Account.

2. Acting reasonably, we may at any time take any of the following steps if we consider that (i) you have breached, or are likely to breach, these Terms; (ii) you have broken the rules of conduct in Section 6; or (iii) it is necessary to prevent or stop harm or damage to us, the Game, other players, the public or you: (a) Suspend part or all of your Account; (b) restrict your access to content-uploading or other features of the Game; and/or (c) restrict your access to, or remove, Virtual Items or anything you obtained using Virtual Items.

3. Deletion and Recovery of your Account

   1. If you want to permanently delete your account you may easily request your account deletion at any time under your profile in the Game.

   2. When you request to delete your account, you will need to answer two questions to identify you as the true account owner, which answers will enable us to successfully verify your account information. Subsequently, the account deletion process will automatically begin, subject to a 15-day cooling-off period, before the account including all its items and content will automatically be fully and irreversibly deleted. Whilst the deletion process is being undertaken, during the cooling-off period, your account will be deactivated and any content associated with the account will no longer be accessible by you but will continue to be visible to other users until the expiration of the cooling-off period. During the cooling-off period you will have the opportunity to recall your deletion request by sending us a message via the in-game portal or to bidking@elegoosehw.cn. If you do not recall your account within the cooling-off period, your account will, upon the expiration of the cooling-off period, automatically be irreversibly, fully and permanently deleted, including all items purchased and other associated content under your account. Following the deletion of your account and associated content, it may take us up to another 30 days to remove it from backups and disaster recovery systems.

   3. The deletion of your account and any content associated with your account may not be permanently deleted where deletion would restrict our ability to: (i) investigate or identify illegal activity or violations of our Terms and policies (for example, to identify or investigate misuse of our products or systems); (ii) protect the safety and security of our products, systems and users; (iii) comply with a legal obligation, such as the preservation of evidence; or (iv) comply with a request of a judicial or administrative authority, law enforcement or a government agency.

   4. If you have initiated the deletion or deactivation of your account by yourself (provided your account has not been deleted or deactivated by us due to your non-compliance with these Terms), then, until the expiration date of the cooling-off period (i.e. 15 calendar days from your deletion request), you will be able to recover or reactivate your account by contacting our customer services via the in-game portal or by email: bidking@elegoosehw.cn. Following such a request, you will need to answer two questions to identify you as the true account owner, which answers will enable us to successfully verify you as the legitimate account owner, recover your account and abort your account deletion process.

License

1. Our Game, Accounts, Virtual Items and all related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Game, Virtual Items and materials (together Content) are licensed, not sold, to you under these Terms. Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to use our Content for your own personal and non-commercial use. If you breach any of these Terms, we may immediately terminate or suspend any license to you at our sole discretion acting reasonably. You acknowledge that all intellectual property and other rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content, regardless of whether you 'earned' or 'purchased' such Content.

Rules of conduct and your use of the Game

1. You acknowledge our rules of conduct and agree that in using the Game (including the creation of User Generated Content (UGC) you will not:

   1. use or allow the use of the Game for any purpose or activity that is illegal, unlawful or in breach of these Terms, public orders and moral restrictions;

   2. reproduce, distribute, publicly display or perform, translate, modify, adapt, create, derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Game, source code in the Game or any portion thereof for commercial purpose without our prior consent;

   3. sell, rent, lease, share or provide access to your Account or access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Game;

   4. partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Game;

   5. where user-generated content or an online community exists or otherwise harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unsolicited messages or making personal attacks, comments or statements about race, sexual orientation or religion; organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, manipulative, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be considered objectionable and/or inappropriate;

   6. use abusive, offensive, or defamatory screen names and/or personas, whether created through Game or through third party devices connected to Game;

   7. impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;

   8. promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items;

   9. upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Game;

   10. make improper, false or spurious reports to us;

   11. use our Game to build any service or game that may disadvantage or compete with our Game or assist another person in building a service or game that would disadvantage or compete with our Game;

   12. probe, scan or test the vulnerability of our Game, or circumvent or breach the security or authentication measures of our Game;

   13. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the content, navigational structure or presentation of our Game;

   14. sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Game, or content associated with your Account, including Virtual Items, either within our Game or on a third-party website, or in connection with any out-of-game transaction;

   15. apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;

   16. take advantage of the price differential of Virtual Currency or Virtual Items to make profit by buying and/or selling Virtual Currency and/or Virtual Items from/in different territories;

   17. exploit the Game, for any commercial purpose, including without limitation (a) using at a cyber cafe, computer gaming centre or any other location-based site; (b) gathering Virtual Items, Virtual Currency, or other in-game resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-levelling;

   18. Use the Game for political or religious reasons;

   19. Infringe other third parties’ rights including but not limited to intellectual property rights;

2. Promote, encourage, or help others to take part in any prohibited activity described above. To the extent the Game functionality technically permits, you shall not post or communicate any person’s “real world” personal information whilst using the Game, particularly not in any chat rooms or forums.

3. We reserve the right to access, monitor and/or record any online activities within our Game and by acceptance of these Terms you give us your express consent to access and record your activities.

4. Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.

User Generated Content (UGC)

1. User Generated Content (UGC) means any form of content generated by a user of the Game (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users on or in connection with the Game. Our Game may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of UGC.

2. To avoid any doubt, the derivative works users adapted from the Content of the Game is explicitly excluded from the UGC defined herein.

3. By submitting any UGC, you grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide and royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), publish and distribute that UGC for any purpose, including making it available to third parties; we will not, however, use your UGC in a way that breaches the Privacy Policy. To the extent permitted by law, you waive any moral rights in the UGC, you will not withdraw it, and you will not charge us for its use. You also confirm that you are the sole owner of the copyright and other intellectual property rights in the UGC and that it does not infringe anyone else's rights.

4. We, or third parties engaged by us, may monitor and/or moderate UGC but we do not guarantee the accuracy, quality, or integrity of any UGC posted via the Game or any part of the Game. You may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Game, nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Game, please report this to us with in-game report feature or by contacting us at bidking@elegoosehw.cn. We will review the report and may, at our reasonable discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Game and terminating or suspending their Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.

5. We reserve the right to remove and permanently delete any UGC from our Game with or without notice. We reserve the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party's intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.

Virtual Items

1. We use the term Virtual Items to mean rights that we license to you to access or use certain features that are made available in our Game. Examples may include access to digital or unlockable content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points, coins and currencies. When you sign up or pay for Virtual Items, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to access the selected Virtual Items. Virtual Items have no monetary value and no other value outside of our Game. You cannot sell, trade or transfer your Virtual Items, or exchange them for cash. Any payment you make for access to Virtual Items is non-refundable unless otherwise stated by applicable laws or at our sole discretion.

2. We reserve the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from us or our permitted representatives through the Game or otherwise expressly authorised. We reserve the right to refuse any request to purchase Virtual Items for any reason.

3. We will use reasonable endeavours to maintain the operation of the Game and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Game and we may occasionally have to suspend operations of certain Game or particular Game, with notice whenever reasonably possible, for repair, maintenance, improvement, security or any other reason, provided that we will do our best to make any such suspension or interruption period as short as possible. We do not accept any responsibility for suspensions, interruptions or errors caused by external forces or circumstances outside our reasonable control.

4. We cannot guarantee that our Game or any part of our Game will be compatible with or capable of being accessed on all devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for any such equipment, software or services. We do not guarantee that our Game can be accessed in all geographic locations.

Payment

1. We aim to ensure that the pricing of our Game (including Virtual Items, Game and any other goods and services available via third-party stores or on our store) are correct at all times. However, the Game and website pages may not always accurately reflect the correct details at the moment at which you place your order. We also reserve the right to change prices without prior notice at any time before the formation of the contract. We cannot confirm the price of an item until your order is accepted.

2. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.

3. It is your own responsibility and you must comply with the terms and conditions applicable to your chosen payment method, as set by the payment provider. We may add or remove any payment methods in relation to our Game at our sole discretion and without prior notice to you.

4. Every purchase order is subject to our acceptance and to the Game being available. If we cannot process your order, we will tell you why and, where possible, explain. An order acknowledgement (by email or in-app message) does not mean we have accepted your order - placing an order is simply an offer by you to buy. We accept your offer, and a contract is formed, only when we make the item available to you (for example, as a download), at which point we (or the relevant third-party platform or payment provider) will charge your account.

5. Unless explicitly required by applicable laws of the country where you live or work, we will not refund any amounts paid when: (i) you have been the victim of in-game scamming (however, we will try to assist you to recover your Account); (ii) your Account has been cancelled or suspended as a result of you violating these Terms; (iii) you have used unauthorised software to access our Game without our permission; (iv) we no longer offer offering any of the Virtual Items, Game for any reason or (v) you decided yourself to cancel your Account .

6. We may cancel a payment and make a chargeback to you, including any transaction fees incurred, if any, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner.

Updates

Duration

Intellectual Property

1. You acknowledge that all intellectual property rights in the Game and Virtual Items and all content appearing within the Game and Virtual Items belongs to us, our licensees or affiliates and that such rights are merely licensed to you and you do not acquire any ownership rights in the Game and Virtual Items or any other part of them other than the right to use the Game and Virtual Items under the terms of this licence.

2. Any use by you of any of our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any of our intellectual property in the Game and Virtual Items other than as expressly permitted in these Terms.

3. We reserve the right to stop offering you any of our Game at any time either permanently or temporarily, at which point any license previously granted to you to use the Game or a part thereof will be automatically terminated or suspended, and your Account will no longer be available and be Suspended. Prior to stopping the availability of any of our Game, we will use our reasonable efforts to notify as permitted by applicable lawsbefore such Game become unavailable. Notification may be given via our websites, push notification, alert, email or other messages. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Game unless required otherwise by law.

Suspension and Termination

1. Acting reasonably, we may suspend, restrict or terminate your access to the Game, Virtual Items and/or any other part of the Game and consequently suspend or terminate the licence granted to you under these Terms, if:

   1. you breach of any of the restrictions or provisions in these Terms;

   2. for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or

   3. we decide to withdraw the Game(s), Virtual Items and/or any other part of the Game from the market for any reason at our sole discretion, acting reasonably.

2. We will strive to always give you an initial warning and notice prior to terminating or deleting your access to our Game, Virtual Items and/or any other Game. But if you have seriously or repeatedly breached our Terms or have been issued with previous warnings, we may move directly to terminating the contract with you under these Terms and your license to access our Game, Virtual Items and/or any other part of the Game. Under such circumstances we will notify you by email or within the app, website or channel as appropriate. Upon termination the rights and licence granted herein will be terminated and you shall cease all use of the applicable Game, Virtual Items and/or any other part of the Game. If we decide to withdraw Game(s), Virtual Items and/or any other part of the Game from the market, we'll strive to notify you in advance prior to withdrawing access by email or within the app, website or channel other part of the Game as appropriate.

3. You understand and agree that upon your request to terminate your account or our final decision to terminate your account, you will not receive any compensation or reimbursement for any Virtual Items for any reason, whether such termination was voluntary or involuntary, unless otherwise required by applicable law or policy in your country of residency.

Privacy and Protection of Personal Data

Third Party Content

Warranties

How to contact us for support or to report complaints, faults or abuse

Disputes

1. We aim at resolving our disputes amicably and we are certain that most of your concerns can be resolved by contacting our dedicated customer service team at bidking@elegoosehw.cn.

2. You and we shall first attempt to resolve any all disputes, claims or controversies arising out of or relating to these Terms, our Game and their marketing, or the relationship between you and us ("Disputes") informally before initiating litigation, if any. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your email address, or billing address, if available and applicable. You may send your Notice of Dispute by notifying bidking@elegoosehw.cn. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will first be provided an opportunity to escalate the matter to first our head of customer service and in the ultimate instance to a member of our senior management.

3. You agree that to the maximum extent permitted by applicable laws in your country of residency, the laws of Hong Kong, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and us. If we are unable to resolve a Dispute through informal negotiations, either you or us may have the Dispute finally and exclusively resolved by arbitration. The arbitration shall be conducted in Hong Kong by the International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force when the Arbitration Notice is submitted in accordance with the HKIAC Rules. And the language of the Arbitration shall be English.

Notifications