De-Extinction: Jurassic
Terms of Service
Last Updated: [14 March 2024].
These are the Terms of Service for our Application and Service.
Any capitalized terms not defined herein are defined in our
Privacy Policy which is incorporated herein by reference. For
purposes of these Terms of Service, “COMPANY” shall mean
SEAMOOR TECHNOLOGY CO LIMITED , its partners,
parent companies, subsidiaries, licensees, licensors and
affiliates. (Collectively, also referred to herein as “we”,
“our” or “us”).
1. Accepxance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN
YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY
DOWNLOADING AND INSTALLING OUR MOBILE-GAME APPLICATION
(“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES
PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN
APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE
“SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEpx AND
AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
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 the COMPANY. You may opx out of the
binding individual arbitration and class action waiver as
provided below.
COMPANY reserves the right, in its sole discretion, to modify
or change these Terms at any time by posting the changes on or
within the Application or other parts of the Service. Your
continued use of the Service following the posting of such
changes constitutes your accepxance of the revised Terms.
COMPANY may use reasonable commercial efforts to provide notice
of material changes to you. If the modified Terms are not
accepxable to you, your only recourse is to discontinue your use
of the Service. You agree that COMPANY may change any part of
the Service, including its content, at any time or discontinue
the Service or any part thereof, for any reason, without notice
to you and without liability.
2. Privacy
COMPANY will only use any personal information that you provide
in connection with your use of the Service in accordance with
the terms of our privacy policy (“Privacy Policy”) available
within the Application. By accessing or using the Service, you
consent to the collection, use and storage of your information
as outlined in the Privacy Policy.
3. Eligibility
To use the Service, you must be a natural person, at least 18
years old, who is assigned to the e-mail address associated with
your registration. At our sole discretion, we may require proof
that you meet this condition in connection with your use of the
Service. Failure to comply with this condition will result in
the closing of your Account and the loss of all Virtual Items
(including Membership Points) (each as defined below)
accumulated through your use of the Service.
4. License
To use the Service, you must have a mobile device that is
compatible with the Application. COMPANY does not warrant that the Application will be
compatible with your mobile device. If you decide to use the Service, subject to your agreement and
compliance with these Terms and the Privacy Policy, COMPANY
hereby grants you a non-exclusive, non-transferable, revocable
license to install and use an object code copy of the
Application for one registered account on one mobile device
owned or leased solely by you. COMPANY also grants you a personal, non-exclusive,
non-transferable, non-sublicensable, revocable, limited scope
license to access and use those portions of the Service that are
not part of the Application. Use of the Service shall be solely for your own, private,
non-commercial entertainment purposes and for no other purpose
whatsoever. If the Service or any part thereof is determined to
be illegal under the laws of the jurisdiction in which you are
situated, you shall not be granted any license to use the
Application or any other part of the Service, and must refrain
from using it. 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 COMPANY 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 mobile device, but that COMPANY has no
obligation to do so. you consent to such automatic upgrading on your mobile 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 COMPANY 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.
5. 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; or (b) virtual in-game points, 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 redempxion 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. COMPANY
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 COMPANY in writing. Accordingly, you may not sublicense,
trade, sell or attempx to sell in-game Virtual Items for real
money, or exchange Virtual Items for value of any kind outside
of a game, without COMPANY’s written permission. Any such
transfer or attempxed transfer is prohibited and void, and will
subject your Account to termination. You acknowledge and agree:
(a) that COMPANY 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 COMPANY 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.
COMPANY 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 COMPANY 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.
COMPANY may replace such lost Virtual Items at its sole
discretion on a case-by-case basis, without incurring any
further obligation or liability. COMPANY 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 COMPANY.
6. Membership Points
You may have the opportunity to accumulate “Membership Points”
through your use of the Service. Membership Points are virtual
in-game points that you can use to “purchase” other Virtual
Items within the Service. As with all Virtual Items, you do not
in fact own the Membership Points you accumulate and the amounts
of any Membership Points you accumulate do not refer to any
credit balance of real currency or its equivalent. Rather, by
“earning”, “buying”, or “purchasing” Membership Points, you are
merely granted a limited license to use the software programs
that manifest themselves as the Membership Points. In the event
COMPANY encounters issues with the game that impact the
accumulation of Membership Points and/or the redempxion of
Rewards, COMPANY reserves the right to correct any such
errors.
7. Accumulating Membership Points
You may accumulate Membership Points by taking certain actions
while using the Service. For example, you may earn Membership
Points by posting your in-game achievements to your social media
account, “liking” certain aspects of the Service, playing the
games for a specified duration, or participating in certain
in-game offers. The foregoing list is solely for purposes of
example and explanation and is not meant to be exclusive or
exhaustive. Membership Points are NOT and WILL NOT be awarded or
earned in any way related to or based upon the outcome of any
game you play during your use of the Service.
8. Using Membership Points
You may exchange your accumulated Membership Points for in-game
Virtual Items in the Service. You may also exchange your
Membership Points for Rewards in the “Rewards” area of the
Service. In order to redeem a Reward, you must have a valid
account connected with the Application. The first time you
exchange your Membership Points for Rewards, you will be asked
to provide your name and e-mail address. The name you provide
must match the name that appears on a government-issued
identification belonging to the person who has accumulated the
Membership Points through his/her use of the Service.
Once you have exchanged Membership Points for a Reward, you are
said to have “purchased” that Reward. After purchasing your
Reward, you will have a limited period of time in which complete
a “redempxion process” by following a defined “redempxion
method.” Redeeming a reward that has been purchased in the
Service secures that reward for your specific use at a
particular time. When the redempxion process is complete, you
may then “use” the reward. A Reward is considered “used” at the
moment when it is consumed.
9. Inactive Accounts
If you do not use your Account by logging in using the Service
at least once every 30 days, your Account will be deemed
inactive. You can, at any time, reactivate your Account by
logging in and using the Service. When an Account has been
deemed inactive, COMPANY may, at its own discretion, expire any
Membership Points accumulated by you. Once your account is
deemed inactive, any Rewards which have been purchased but not
yet redeemed may also be expired at the discretion of
COMPANY.
10. Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to
change, amend, suspend, cancel, or terminate any program they
offer or any aspects and/or terms and conditions thereof, in
whole or in part, at any time, with or without notice and for
any or no reason. You hereby agree that COMPANY shall have no liability to you as
a result of such action by a Partner.
11. Termination
COMPANY may terminate or suspend your Account (including, but
not limited to, suspending your ability to purchase, redeem or
consume Rewards) and/or your access to Service (including, but
not limited to, restricting your ability to use the Application)
at any time, including for breach of these Terms or otherwise,
without notice and without liability to you. Upon any such
termination, your access to the Service, including all User
Content (as defined below) and Virtual Items, will be disabled
and you will lose any Membership Points that you have
accumulated. COMPANY shall have the right, but not obligation,
to store any User Content subsequent to any such termination.
You may cancel your Account at any time by discontinuing your
use of the Service and/or the Application. COMPANY is in no way
liable to you for the effects of any termination or cancellation
on your use of the Service or the Virtual Items you have
accumulated.
12. User Content and Feedback
The Service may include various forums, blogs, and chat rooms
where you and other users can post your observations and
comments on designated topics (“User Content”). COMPANY 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. COMPANY 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. By making available any User Content through the Service,
you hereby grant to COMPANY a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free license, with the
right to sublicense, to use, copy, adapx, modify, distribute,
license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, access, view, and otherwise exploit
such User Content only on, through or by means of the Service.
COMPANY 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 through
the Service. Accordingly, you represent and warrant that: (i)
you either are the sole and exclusive owner of all User Content
that you make available through the Service or that you have all
rights, licenses, consents and releases that are necessary to
grant to COMPANY the rights in such User Content as contemplated
under these Terms; and (ii) neither the User Content nor your
posting, uploading, publication, submission or transmittal of
the User Content or COMPANY’s use of the User Content (or any
portion thereof) on, through or by means of the Service will
infringe, misappropriate or violate a third party’s patent,
copyright, trademark, trade secret, moral rights or other
proprietary or intellectual property rights, or rights of
publicity or privacy, or result in the violation of any
applicable law or regulation.
COMPANY 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 COMPANY, and these
communications should not be considered reviewed or approved by
COMPANY. By using the Service, you acknowledge and accepx 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 COMPANY 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.
COMPANY reserves the right (but shall at no time be obligated)
to, in its sole discretion, remove, block, edit, move, disable
or permanently delete User Content from the Service with or
without notice for any reason whatsoever. You hereby agree that,
to the maximum extent permitted by applicable law, COMPANY shall
at no time be responsible or held liable for the removal,
modification or blocking of material or User Content that may be
considered offensive and shall at no time be obligated to effect
such removal other than under applicable law. COMPANY welcomes
and encourages your feedback, comments and suggestions for
improvements to the Service (“Feedback”). You may submit
Feedback using the contact information provided on the Site. You
acknowledge and agree that all Feedback will be the sole and
exclusive property of COMPANY and you hereby irrevocably assign
to COMPANY and agree to irrevocably assign to COMPANY all of
your right, title, and interest in and to all Feedback,
including without limitation all worldwide patent, copyright,
trade secret, trademark, moral rights and other proprietary or
intellectual property rights therein. At COMPANY’s request and
expense, you will execute documents and take such further acts
as COMPANY may reasonably request to assist COMPANY to acquire,
perfect, and maintain its intellectual property rights and other
legal protections for the Feedback.
13. General Rules of Conduct and Usage
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 attempx to defraud,
COMPANY or other users, and that you shall not act in bad faith
in your use of the Service. If COMPANY determines that you do
act in bad faith in violation of these Terms, or if COMPANY
determines that your actions fall outside of reasonable
community standards, COMPANY may, at its sole discretion, make
adjustments to the number of Membership Points associated with
your Account, terminate your Account and/or prohibit you from
using the Service. By way of example, you specifically agree
that you shall not:
Download the Application, create an Account or access or use
any part of the Service if you are under the age of 18;
Use the Service for any commercial purpose or for the benefit
of any third party or in a manner not permitted by these
Terms;
Access, tamper with, or use non-public areas of the Service,
COMPANY computer systems, or the computer systems of our
providers and partners;
Attempx to probe, scan, or test the vulnerability of any
COMPANY system or network or breach any security or
authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or
otherwise circumvent any technological measure implemented by
COMPANY or any of our providers or any other third party
(including another user) to protect the Service or any part
thereof;
Attempx to use the Service on or through any platform or
service that is not authorized by COMPANY;
Post, upload, publish, submit, provide access to or transmit
any User Content that: (i) infringes, misappropriates or
violates a third party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or
rights of publicity or privacy; (ii) violates, or encourages any
conduct that would violate, any applicable law or regulation or
would give rise to civil liability; (iii) is fraudulent, false,
misleading or decepxive; (iv) is defamatory, obscene,
pornographic, vulgar or offensive; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any
individual or group; (vi) is violent or threatening or promotes
violence or actions that are threatening to any other person; or
(vii) promotes illegal or harmful activities or
substances;
Interfere with the ability of other users to enjoy using the
Service, including but not limited to, disrupxing the COMPANY’s
game environment, or taking actions that interfere with or
increase the cost to provide the Service for the enjoyment of
other users;
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;
Upload or transmit (or attempx to upload or transmit) files
that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupxed files or data, or any other similar
software or programs that may damage the operation of the
Service or the computers of other users of the Service;
Send any unsolicited or unauthorized advertising, promotional
materials, e-mail, junk mail, spam, chain letters or other form
of solicitation;
Create false personas, multiple identities, multiple Accounts,
set up an Account on behalf of someone other than yourself or
otherwise attempx to override or avoid any Membership Points or
Rewards limits or restrictions established by COMPANY and/or any
Rewards Partner;
Obtain or attempx to obtain passwords or other private
information from other users of the Service, including but not
limited to, personally identifiable information or financial
information;
Upload or transmit (or attempx to upload or to transmit),
without COMPANY’s express permission, any material that acts as
a passive or active information collection or transmission
mechanism, including, without limitation, clear graphics
interchange formats, 1×1 pixels, cookies or other similar
devices;
Create, distribute, use, or publicly inform other members of
cheats, automation software, bots, hacks, mods or any other
unauthorized third party software or applications;
Exploit, distribute or publicly inform other users of the
Service of any game error or bug which gives users an unintended
advantage;
Use Virtual Items in a manner that violates these Terms,
including transferring or selling Virtual Items or fraudulently
obtaining or acquiring Virtual Items or other products or
services;
Sublicense, rent, lease, sell, trade, gift, bequeath or
otherwise transfer your Account or any Virtual Items associated
with your Account to anyone without COMPANY’s written
permission;
Access or use an Account or Virtual Items that have been
sublicensed, rented, leased, sold, traded, gifted, bequeathed,
or otherwise transferred from the original Account creator
without COMPANY’s permission;
Engage in any fraudulent activity with respect to payment
methods or advertiser tracking mechanisms;
Violate any applicable law or regulation;
Attempx to interfere with, intercepx or decipher any
transmissions to or from the servers for the Service;
Interfere with, or attempx to interfere with, the access of any
user, host or network, including, without limitation, sending a
virus, overloading, flooding, spamming, or mail-bombing the
Service; or
Copy, reproduce, translate, reverse engineer, derive source
code from, modify, disassemble, decompile, or create derivative
works based on or related to the Application;
Create, use, offer, advertise, make available and/or distribute
the following or assist therein any code and/or software, not
expressly authorized by COMPANY, that can be used in connection
with the Application or Services which changes and/or
facilitates the gameplay;
Use third party software that intercepxs, collects, reads, or
“mines” information generated or stored by the Application;
provided, however, that the COMPANY may, at its sole and
absolute discretion, allow the use of certain third party user
interfaces;
Attempx to sell, sublicense, rent, lease, grant a security
interest in, or otherwise transfer any copy of the Application
or your rights to the Application to any other party in any way
not expressly authorized herein;
Disrupx or assist in the disrupxion of: (i) any device used to
support the Application or any Service; or (ii) any other
player’s Application or Service experience; or To otherwise
attempx to interfere with the proper working of the Platform; or
Encourage or enable any other individual or group to do any of
the foregoing.
14. Intellectual Property Ownership
The Service and all content thereon or therein are protected by
copyright, trademark, and other laws of the United States and
foreign countries. Excepx as expressly provided in these Terms,
COMPANY and its licensors exclusively own all right, title and
interest in and to Service and all content thereon or therein,
including all associated intellectual property rights.
Without limiting the foregoing, the following components are
owned or licensed by the COMPANY and its licensors, including
SEAMOOR TECHNOLOGY CO LIMITED :
All virtual content appearing within the Application, such as:
Visual Components: Locations, artwork, structural or landscape
designs, animations, and audio-visual effects;
Narrations: Themes, concepxs, stories, and storylines;
Characters: The names, likenesses, inventories, and catch
phrases of Application characters;
Items: Virtual goods, currency, Heroes, wearable items,
Dinosaurs, Skins, etc.;
All data and communications generated by, or occurring through,
the Application or the Service;
All sounds, musical compositions, recordings, and sound effects
originating in the Application;
All recordings, Application replays, or reenactments of in-game
matches, battles, duels, etc.;
Computer code, including but not limited to source code;
Titles, methods of operation, software, related documentation,
and all other original works of authorship contained in the
Application; and
All Accounts. Note that the COMPANY owns all user Accounts, and
that all use of an Account shall inure to the COMPANY’s benefit.
COMPANY does not recognize the transfer of Accounts. You may not
purchase, sell, gift, or trade any Account, or offer to
purchase, sell, gift, or trade any Account, and any such attempx
shall be null and void and may result in the forfeiture of the
Account.
You will not remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in
or accompanying the Application or Service. You agree that you
shall not:
Modify, reverse engineer, decompile, disassemble, decipher or
otherwise attempx to derive the source code for any underlying
software or other intellectual property used to provide the
Service without COMPANY’s explicit, prior written
permission;
Use, display, mirror or frame the Service, or any individual
element within the Service;
Use the intellectual property of COMPANY, or any COMPANY
licensor, to adapx, modify or create derivative works based on
such intellectual property;
Rent, lease, loan, trade, sell/re-sell access to the Service or
any information therein, in whole or part; or
Use or reproduce any COMPANY licensor, or third party trademark
or logo without the prior express written consent of the owner
of such trademark or logo.
15. Links to Third Party Sites
The Service may contain links to third-party websites or
resources that are not owned or controlled by COMPANY. You
acknowledge and agree that COMPANY is not responsible or liable
for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or services on or
available from such websites or resources. COMPANY does not
control nor does it review, research, verify, validate or
approve the third-party sites to which the Service may be
linked. Such links, therefore, do not imply any endorsement by
COMPANY 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.
16. DMCA Notice
If you are a copyright owner or an agent thereof and believe
your work is the subject of copyright infringement on the
Service, you may submit a notification of claimed infringement
under the Digital Millennium Copyright Act (“DMCA”) by providing
notice to COMPANY’s Designated Agent the following
information:
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled and information
reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you,
such as an address, telephone number, and, if available, an
electronic mail address;
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed; and
A physical or electronic signature of a person authorized to
act on behalf of the owner of a copyright that is allegedly
infringed.
COMPANY’s Designated Agent for claims of copyright infringement
can be reached as follows: by e-mail at
[jurassicgamehelp@gmail.com] or by mail at: [RM.502, NEW CITY
CENTRE, 2 LEI YUE MUN ROAD, KWUN TONG, KOWLOON.HK HONG
KONG]
.
You acknowledge that if you fail to comply with substantially
all of the above requirements of this section your DMCA notice
may not be valid and we may not be able to remove infringing
content.
Please also note that under Section 512(f) of the Copyright
Act, any person who knowingly materially misrepresents that
material or activity is infringing may be subject to
liability.
17. Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service
with or without notifying you. COMPANY may require that you
accepx updates to the Service and you may also need to update
third party software from time to time in order to receive the
Service. COMPANY 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.
All problems encountered during the use of the Service,
including those with regard to your Account, can be reported to
COMPANY when the problem is encountered
[jurassicgamehelp@gmail.com].
18. Dispute Resolution and Governing Law
(a) Governing Law. You agree that any dispute,
controversy, difference, or claim arising out of or relating to
this EULA, a Game, or the Services, including the existence,
validity, interpretation, performance, breach or termination
thereof or any dispute regarding non-contractual obligations
arising out of or relating to this EULA, a Game, or the Services
(collectively, “Disputes”) will be resolved in accordance with
the laws of Hong Kong without reference to choice of law rules
and not including the provisions of the 1980 U.N. Convention on
Contracts for the International Sale of Goods. Any law or
regulation which provides that the language of a contract will
be construed against the drafter will not apply to this
EULA.
(b) Dispute Resolution. Any Dispute will be referred to
and finally resolved by arbitration administered by the Hong
Kong International Arbitration Centre (“HKIAC”) under the
Arbitration Rules of the HKIAC in force at the time of delivery
of the arbitration notice, which rules are deemed to be
incorporated by reference in this clause.
(c) Arbitration Rules. The arbitration will be conducted in
accordance with laws of Hong Kong with the seat of the
arbitration in Hong Kong, and the language of the proceedings
will be in English. The arbitrators will award only such damages
as are permitted to be awarded pursuant to this EULA.
(d) Costs. Each party will pay its own costs and expenses
(including, without limitation, counsel fees) of any such
arbitration; provided, however, that the parties will equally
share the fees and expenses of the arbitrators.
(e) Injunctive Relief. Notwithstanding anything to the
contrary in this EULA, either party may always apply to a court
of competent jurisdiction for an injunction or any other legal
or equitable relief.
(f) 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.
(g) Continuati. This Provision shall survive this Agreement,
the termination of your Account (if applicable), and/or your
access to or use of the Service.
19. Disclaimer of Warranties
The Service (including the Application) and all content thereon
or therein are provided “as is”, without warranty of any kind,
either express, implied or statutory. Without limiting the
foregoing, COMPANY our partners, and our and their respective
affiliates, subsidiaries, officers, directors, employees, agents
and licensors (collectively, the “COMPANY Parties”) explicitly
disclaim any warranties of merchantability, fitness for a
particular purpose, quiet enjoyment or non-infringement, and any
warranties arising out of course of dealing or usage of trade.
The COMPANY Parties make no warranty that the Service will meet
your requirements or be available on an uninterrupxed, secure,
or error-free basis. The COMPANY Parties make no warranty
regarding the quality of any products, services or content
obtained through the service or the accuracy, timeliness,
truthfulness, completeness or reliability of any content
obtained through service.
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 COMPANY does not
screen or inquire into the background of any users of the
Service, nor does COMPANY make any attempx to verify the
statements of users of the Service. The COMPANY Parties make 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
20. 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
the service, including the application, remains with you.
Neither the COMPANY Parties nor any other party involved in
creating, producing, or delivering the service will be liable
for any incidental, special, exemplary or consequential damages,
including lost profits, loss of data, loss of goodwill, service
interrupxion, computer damage or system failure, the cost of
substitute products or services, or for any damages for personal
or bodily injury or emotional distress arising out of or in
connection with these terms or from the use of or inability to
use the service, or from any communications, interactions or
meetings with other users of the service or other persons with
whom you communicate or interact as a result of your use of the
Service, whether based on breach of warranty, breach of
contract, tort (including negligence), product liability or any
other legal theory, and whether or not the company parties have
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.
In no event will the COMPANY Parties’ aggregate liability
arising out of or in connection with these terms or from the use
of or inability to use the services, any part thereof, or any
content exceed five hundred dollars ($500). The limitations of
damages set forth above are fundamental elements of the basis of
the bargain between COMPANY and you. Some jurisdictions do not
allow the exclusion or limitation of liability for consequential
or incidental damages, so the above limitation may not apply to
you.
21. Indemnity
You agree to indemnify, save, and hold the COMPANY Parties
harmless from any claims, losses, damages, liabilities,
including legal fees and expenses, arising out of your use or
misuse of the Service, any violation by you of these Terms, any
of your User Content, or any breach of the representations,
warranties, and covenants made by you herein. COMPANY reserves
the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify
COMPANY, and you agree to cooperate with COMPANY’s defense of
these claims. COMPANY will use reasonable efforts to notify you
of any such claim, action, or proceeding upon becoming aware of
it. You agree that the provisions in this Indemnity section will
survive this Agreement, the termination of your Account (if
applicable), and/or your access to or use of the Service.
22. Additional Mobile Application Terms
The following additional terms and conditions apply with
respect to any Application that COMPANY provides to you designed
for use on an Apple iOS-powered mobile device (an “iOS
App”):
You acknowledge that these Terms are between you and COMPANY
only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth
in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App
and the services and content available thereon. You acknowledge that Apple has no obligation to provide
maintenance and support services with respect to our iOS
App. To the maximum
extent permitted by applicable law, Apple will have no warranty
obligation whatsoever with respect to our iOS App and any other
claims, losses, liabilities, damages, costs or expenses
attributable to any failure of the iOS App to conform to any
warranty.
You agree that COMPANY, and not Apple, is responsible for
addressing any claims by you or any third party relating to our
iOS App or your possession and/or use of our iOS App, including,
but not limited to: (i) product liability claims; (ii) any claim
that the iOS App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation, and all such claims are
governed solely by these Terms and any law applicable to us as
provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to
the extent required by these Terms, for the investigation,
defense, settlement and discharge of any third party
intellectual property infringement claim related to our iOS App
or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of
agreement when using our iOS App (e.g., you must not be in
violation of your wireless data service terms of agreement when
using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party
beneficiaries to these Terms as they relate to your license to
use the iOS App. Upon your accepxance of these Terms, Apple will have the right
(and will be deemed to have accepxed the right) to enforce these
Terms against you as they relate to your license of the iOS App
as a third party beneficiary thereof.
The following additional terms and conditions apply with
respect to any application that COMPANY provides to you designed
for use on an Android-powered mobile device (an “Android
App”):
You acknowledge that these Terms are between you and COMPANY
only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s
then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android
App, the services and content available thereon and the support
and maintenance thereof. Google has no obligation or liability to you with respect to
the Android App or these Terms.
23. Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate
litigation in a court, other than for small claims court
actions, you and COMPANY agree to the exclusive jurisdiction of
and venue in the state and federal courts located in HONG KONG.
You and COMPANY each hereby waives any objection to jurisdiction
and venue in such courts. Excepx as provided in the “Dispute
Resolution and Arbitration Provision” (above), these Terms, your
use of the Service, and all claims or causes of action (whether
in contract, tort, or statute), that may be based upon, arise
out of, or relate to these Terms, shall be governed by and
enforced in accordance with the laws of The People’s Republic of
China, including its statutes of limitation, without regard to
its conflict of laws provisions. If you reside in a country in
which this clause is prohibited by law, this section does not
apply to you.
24. Entire Agreement
These Terms constitute the entire and exclusive understanding
and agreement between COMPANY and you regarding the Service, and
these Terms supersede and replace any and all prior oral or
written understandings or agreements between COMPANY and you
regarding the Service.
25. Assignment
You may not assign or transfer these Terms, by operation of law
or otherwise, without COMPANY’s prior written consent. Any
attempx by you to assign or transfer these Terms, without such
consent, will be of no effect. COMPANY may assign or transfer
these Terms, at its sole discretion, without restriction.
Subject to the foregoing, these Terms will bind and inure to the
benefit of the parties, their successors and permitted
assigns.
26. Notices
Any notices or other communications permitted or required
hereunder, including those regarding modifications to these
Terms, will be in writing and given by COMPANY (i) via e-mail
(in each case to the address that you provided by your Facebook
Login) or (ii) by posting to the Service. For all users, any notices or other communications permitted or
required hereunder by you, shall be in writing and addressed to
SEAMOOR TECHNOLOGY CO LIMITED [jurassicgamehelp@gmail.com]. Any notices that you provide
without compliance with this section shall have no legal
effect.
27. Force Majeure
In delivering the Service or providing the Applications,
COMPANY shall not be liable with respect to any damages,
injuries, nonperformance or delay in performance by reason of
any act of God, weather, fire, flood, plague, acts of terror or
foreign enemy, satellite or network failure, governmental order
or regulation, trade dispute, or any other cause beyond its
respective control.
28. Waiver; Severability
The failure of COMPANY 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 COMPANY. Excepx 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.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR
CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL
EFFECT.
