TERMS OF SERVICE
Last updated: July 1st, 2024
TOR Games STUDIO is a mobile game developer (“We,” “Us,” or “Our”). These Terms of Service (the “Terms”) form a binding agreement between you and us. These Terms govern your access to and use of our online websites, mobile games, mobile applications, and services (collectively, “Services”).
We value the importance of respecting intellectual property rights and are committed to delivering high-quality products. To achieve this, we all must adhere to the following rules.
These Terms constitute a legally binding agreement between you, the end user of the Services (“You”), and us, governing your online and offline use of the software and services offered on our website (the “Site”) and in our apps and their updates, as well as related services (collectively, “Services”), affecting your legal rights (the “Agreement”).
Please read these Terms, our Privacy Policy, and other referenced terms carefully. By using the app, you agree to comply with and be bound by them. USING OUR SERVICES INDICATES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED HEREIN, AS WELL AS ALL OTHER RULES, POLICIES, AND PROCEDURES RELATING TO OUR SERVICES THAT WE MAY PUBLISH FROM TIME TO TIME AND ALL AGREEMENTS DEFINED IN THE SECTION ON THIRD-PARTY SERVICES.
Given the rapidly changing digital environment and laws governing it, we reserve the right to modify these Terms at any time. When changes are made, we will provide prominent notice by displaying it on the Site.
This app is offered and controlled by us from our facilities. If you access or use the Services from other jurisdictions, you do so at your own risk. We make no representations that the Services are appropriate or available for use in other locations. You are responsible for complying with the applicable laws of your jurisdiction. If such laws conflict with your use of the Services, you are not permitted to use them.
These Terms do not entitle You to receive, nor obligate us to provide, hard copy documentation, support, telephone assistance, or enhancements or updates to the Services.
We may update these Terms of Service periodically. If there are significant changes, we will notify you by posting the amended terms on the Services before they take effect. By continuing to use our Services after the updated Terms are in effect, you agree to be bound by them.
We hope you will continue using our Services, but if you disagree with the updated Terms, you have the option to delete your account at any time.
Our Services may be temporarily suspended without notice for reasons such as security, maintenance, repairs, or system failures (collectively, "Service Interruptions"). You acknowledge that no refunds or rebates will be provided for these interruptions.
If we determine that you have clearly, seriously, or repeatedly breached our Terms or Policies, we may suspend or permanently disable your account. We may also take this action if you repeatedly infringe on others' intellectual property rights or if required for legal reasons.
When we take such action, we will inform you and explain any options for requesting a review unless doing so would expose us or others to legal liability, harm our user community, compromise the integrity or operation of our services, or be restricted by technical limitations or legal constraints.
When you use our Services, please review our Privacy Policy to understand how we collect, use, and protect your information. The Privacy Policy is an integral part of these Terms. By agreeing to these Terms, you consent to our use of the information collected from or about you as outlined in the Privacy Policy.
Our Services, including the underlying content and information, are protected by copyright, trademark, and other intellectual property laws in Hong Kong and internationally. These rights belong to us and our licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the app on a device you own or control and to use the app solely for personal, non-commercial purposes. We retain all rights not expressly granted to you under these Terms. You may not copy the app, except for one backup or archival copy, which must retain all trademark, copyright, and other proprietary notices.
If you submit ideas, suggestions, feedback, or other content to us, you grant us (or warrant that the owner has expressly granted us) a royalty-free, worldwide, perpetual, irrevocable, and unrestricted right and license to use, copy, display, perform, modify, adapt, publish, and distribute such content (including any associated intellectual property rights) for providing and improving our Services.
We invest significant effort in creating the Service, including logos, designs, text, graphics, pictures, information, and other content (excluding user content). This property is owned by us or our licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. We grant you the right to use this property.
However, your rights do not include: (i) publicly performing or displaying the Service; (ii) modifying or creating derivative works of the Service or any part of it; (iii) using data mining, robots, or similar data gathering methods; (iv) downloading (other than page caching) any part of the Service or its content; (v) reverse engineering the Service to create a competitive product or service; or (vi) using the Service for any purpose other than its intended use. Violation of these restrictions may result in the termination of your access to the Service.
Our Service allows you and other users to post, link, and make content available. You are responsible for the content you share, ensuring its legality, reliability, and appropriateness.
By posting, linking, or making content available on the Service, you grant us the right to use, reproduce, modify, publicly perform, publicly display, and distribute your content through the Service. While we may format your content for display, we will not edit or alter the substance of your content.
You retain all rights to the content you post, link, or make available on or through the Service, aside from the limited rights you grant us.
You can delete your content at any time, and it will no longer appear on the Service. However, copies of your deleted content may remain in our system or backups for some time. We will retain and then delete web server access logs.
You may not post, link, or make available any content that:
Additionally, you agree not to:
As a member of the Service, when logged into your account, you may be able to submit comments, stories, and other content (collectively, "Contributions"). You are solely responsible for any content you post and any resulting harm. By creating or posting a Contribution on the Service, you represent and warrant that:
In addition to your obligations regarding Contributions, you agree not to:
If you are a copyright owner or an agent of a copyright owner and believe that any user Contribution on the Service infringes upon your copyrights, you may submit a takedown notification to us by sending an email.
We do not claim ownership rights in the Contributions you post on or through the Service. After posting your Contributions, you retain any intellectual property or proprietary rights associated with them, subject to the license you grant us below.
By posting a Contribution to the Service, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market, and distribute your Contribution in connection with the Service, our business, or the promotion of the Service or our business in any media formats and through any media channels now known or later developed. This license does not permit us to sell your Contributions.
To access certain features of our Services, you may need to register for an account. You can sign up by completing the registration process as prompted in our App.
You are responsible for all actions taken under your account, including any financial liabilities incurred. With your member account, you can create a user profile, sync your activity across devices, and access features restricted to registered members.
We reserve the right, but do not have the obligation, to:
You are solely responsible for your interactions with other users of the Service. Be aware of the risks involved in dealing with strangers, including those who may misrepresent themselves. Carefully choose the information you share on the Service and with other users. Avoid publicly posting your telephone number or street address. Information posted by other users may be offensive, harmful, inaccurate, or deceptively labeled. You assume all risks associated with interacting with other users. Opinions and statements in users' Contributions do not represent our views and do not constitute our endorsement.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON, INCLUDING BUT NOT LIMITED TO BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE TERMS OF SERVICE, OR ANY APPLICABLE LAW OR REGULATION.
We may offer virtual currencies like coins ("Virtual Money") or items and services for use within our Games ("Virtual Goods"). If you are over 18, you may purchase Virtual Goods or Virtual Money. You agree that these Virtual Money and Virtual Goods have no monetary value and cannot be exchanged for real money, goods, or services from us or anyone else. You also agree to obtain Virtual Money and Virtual Goods only from us, not from any third party. Virtual Money and Virtual Goods are non-transferable, and you will not transfer or attempt to transfer them to anyone else.
The balance of virtual goods or currency has no real-world value. You agree that all sales of virtual currencies and goods are final, and we do not provide refunds once transactions are complete. Upon purchasing virtual goods or currencies, delivery occurs immediately, and you forfeit the right to withdraw and cancel the purchase since you receive the benefits immediately.
We reserve the right to manage, regulate, change, or remove all virtual currencies or goods at any time without liability to you.
If we terminate your account according to our Terms and Conditions, you will lose all virtual currencies and goods without any refund or compensation.
We offer premium features as weekly, monthly, yearly, or lifetime subscriptions ("Subscription"). Descriptions of these features and benefits are available in the App. To purchase a Subscription, provide a valid Payment Method (e.g., debit or credit card) to the Apple App Store or Google Play Store. By submitting your payment information, you agree that the App Store or Play Store can use this information for payment processing. You may be subject to additional terms from Apple or Google.
Automatically Renewing Subscriptions
Your Subscription will automatically renew based on the term you select (weekly, monthly, or yearly) until you cancel it. We will charge your Payment Method up to 24 hours before the end of the current term. You can cancel your Subscription through the App Store or Play Store settings at least 24 hours before the end of your current term.
No Refunds
Subscription payments are nonrefundable. We do not provide partial refunds or credits for unused periods. After cancellation, you will continue to have access to premium features until the end of your Subscription term.
We reserve the right to change Subscription terms or pricing at our discretion. Any changes will not apply retroactively and will take effect after we notify you.
You can request a refund for unused virtual goods or currencies purchased within the last 7 days. If you have used any portion of them, you are not eligible for a refund. Refund requests can be made through email and will be processed back to the original payment method. The time for refunds may vary depending on the payment method used.
If there is a fault with the virtual goods or currencies, you can request a refund within 3 months of purchase or within 30 days of discovering the fault, whichever comes first.
The availability of our Service may depend on third-party websites such as the Apple App Store or Google Play Store ("Third Party App Store"). These Terms of Service are between you and us, not with the Third Party App Store. Each Third Party App Store may have its terms and conditions, which you must agree to before downloading the Service. Your use of the Service is conditioned upon compliance with these terms.
Our Service may contain links to websites operated by third parties ("Third Party Sites"). While you may share Contributions or other information with Third Party Sites, we do not own or operate them and have not reviewed all the material available through them. The availability of links on our Service does not imply endorsement of any Third Party Sites or their content. Third-party materials may be protected by copyright and other intellectual property laws. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD-PARTY SITE THROUGH LINKS ON OUR SERVICE, REVIEW THE SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY TO UNDERSTAND THEIR REGULATIONS, POLICIES, AND PRACTICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT IMPLY OR REPRESENT THAT WE ENDORSE ANY USER CONTENT OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING CONTENT OR CONTRIBUTIONS HOSTED ON THIRD-PARTY SITES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USING THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ALONG WITH OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND OTHER CONTRACTORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION, OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, MATERIALS, OR ANY OTHER CONTENT THEREIN. 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED $50.
Notwithstanding any terms set forth in these Terms of Service, if any provisions are held unenforceable, void, or inapplicable under New Jersey law, such provisions shall not apply to you, but the rest of these Terms of Service shall remain binding. Additionally, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Nothing in these Terms of Service is intended to limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
Under California Civil Code Section 1789.3, users in California are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please email tor_games_studio@163.com. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms of Service apply to the fullest extent permitted by law. If any provision or part of a provision is found to be unlawful, void, or unenforceable, that provision or part will be severed from these Terms and will not affect the validity and enforceability of the remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
We may assign our rights under these Terms of Service without your approval. Any modifications to these Terms of Service offered by our employees are not authorized and do not represent us. You should not rely on any such statements.
Nothing in these Terms of Service creates an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between us and any user.
Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
We are available via email at tor_games_studio@163.com to address any concerns you may have regarding your use of the Service. Most concerns can be resolved quickly this way. Both you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which is a prerequisite before either party can initiate a lawsuit or arbitration.
If we do not reach a mutually agreed-upon solution within thirty (30) days from the time informal dispute resolution is pursued, either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service, the parties’ relationship, or your use of the Service will be settled by binding arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under its Administered Arbitration Rules in effect at the time the Notice of Arbitration is submitted, excluding any rules permitting class actions. The arbitrator will have exclusive authority to resolve all disputes, including the interpretation, applicability, enforceability, or formation of these Terms of Service. The arbitrator can grant any relief that a court of law or equity could grant. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of these Terms of Service. The seat of arbitration will be Hong Kong, PRC. We will cover the additional cost if the arbitration filing fee exceeds the cost of filing a lawsuit. You should request fee payment from HKIAC when filing for arbitration, and we will arrange the payment directly to HKIAC. The arbitration rules also allow you to recover attorney’s fees in certain circumstances.
You and we agree that any arbitration will be conducted individually and not as a class action or other representative action. Both parties expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver is void or unenforceable or that arbitration can proceed on a class basis, the entire arbitration provision will be null and void.
You have the right to opt out of the arbitration and class action waiver provisions by sending written notice of your decision to opt out to tor_games_studio@163.com within thirty (30) days of registering to use the Service. If you opt out, neither you nor we will be bound by the arbitration provisions.
You agree that federal laws and the laws of the Hong Kong SAR, PRC, without regard to conflict of laws principles, will govern these Terms of Service and any disputes between you and us.
If you have any concerns regarding the use of our Services, please contact us via email at tor_games_studio@163.com.