Hong Kong,

Last Updated: December 1, 2023

INFIPLAY INC. LIMITED (“INFIPLAY”, “we” or “us,” and “our” to be construed accordingly) provides this website www.infiplay.com (the “Site”) and all Site-related services and Service, including without limitation, massively multiplayer online role-playing and multiplayer online casual games (collectively, the “Service” or the “Products”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement” or the “Terms”). This Agreement governs the relationship between the Company and you, the Site visitor and/or Service member (“you”) with respect to your use of the Service. It is important that you read carefully and understand the terms and conditions of this Agreement.

We reserve the right to:

• Change the terms and conditions of this Agreement if we are required to do so due to a change of the applicable laws and regulations, due to a change in the contracts with our third party providers (e.g. payment system and software providers) or in order to preserve the integrity of our systems and the Service;
• Change the Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service or the hours that the Service is available for the same reasons;
• Change the equipment, hardware or software required to use and access the Service.

Any changes we make will be effective after a reasonable time span as set forth in the notice of such changes. We will provide the notice by posting on the Site and/or e-mail to the address which you have provided while registering to the Services. Your continued use of the Site or Service after such notice and an appropriate time span as set forth in the notice will be deemed acceptance of such changes.

Table of Contents

1. Electronic Communications
2. The License
3. No Warranties
4. Service Registration
5. Virtual Currency/Site Items
6. Virtual Currency Transfers/Transactions
7. Your Responsibilities
8. Intellectual Property Rights and Copyrights
9. Terms of Paid Services provision
10. Indemnification and Limited Liability
11. ADS
12. Termination and Discontinuation
13. Miscellaneous

1. Electronic Communications

When you visit www.infiplay.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. The License

2.1.      As long as you follow the Agreement, we grant to you a non-exclusive, non-transferable, non-sublicensable, worldwide, freely revocable License to download, install and use the Service, in object code format, only on your personal device, for the sole purpose of personally using the Service (the “License”).

2.2.      When using the Service, you shall not:

a.         License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service;

b.         reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Service, in whole or in part;

c.         use access to the Service, any other information for the purpose of building or replicating the Service;

d.         copy and/or distribute the Service, in whole or in part;

e.         try to interfere with the operation of the Service, disrupt the process of providing the Service to other users or otherwise try to harm the Service and/or its users (DoS, DDoS attack, etc.);

f.          remove or destroy any copyright notices or other proprietary markings contained on or in any Service;

g.         use the Service in any other manner that is contrary to the law or the Agreement or Privacy Policy.

2.3       We (and our licensors, where applicable) hold all and any rights to the Products (including all modifications and additions to the Products, any versions thereof), their text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, and other content, any other their parts and components, and other intellectual property, except as for the User Content.

2.4       All trademarks, service marks, and trade names are owned, registered and/or licensed by us (and our licensors, where applicable). You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your use of the Products. You agree not to change or delete any ownership notices from materials downloaded from the Products.

3. No Warranties

3.1.      To the maximum extent permitted under applicable law, all services, products, information and data provided or made available by us (including without limitation the Products) are provided “as is” and we (and our licensors, where applicable) expressly disclaim any warranties and conditions of any kind. We (and our licensors, where applicable) make no warranty that the Products: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) results that may be received using the Products to be accurate and reliable; and (d) quality of any information or services obtained using the Products meeting your expectations.

3.2.      No advice or information, whether oral or written, obtained from us or elsewhere, shall create any warranty not expressly stated in the Terms. You are solely responsible for any consequences of your use of the Products.

3.3.      Some states do not allow the disclaimer of implied warranties; as such, the foregoing disclaimer may not apply to you in its entirety.

4. Service Registration

4.1 Acceptance of Agreement

(1) In order to access and use the Service for any purpose, you must first sign up for an account ("Account") with us. Prior to completing the signup process for your Account, you will be required to indicate that you accept all of the terms and conditions of this Agreement and our Privacy Policy. If you do not agree to the terms and conditions of this Agreement and the Privacy Policy, you will not be able to sign up for an Account and you cannot use the Service.

(2) By signing up for an Account, you represent and warrant that you are a “natural person” who is over the age of eighteen (18) years old (or over the age of majority in the country where you are a citizen) or whose legal guardian has granted their consent to use the Service and that you and/or your legal guardian agree to all of the terms and conditions of this Agreement and the Privacy Policy.

(3) Your Account may be used only by you, except that if you are a guardian. You agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Game Rules and Policies, notices and/or agreements.

4.2 Registration Process

(1) Once you register your Account, you will be required to provide us with certain information about yourself, including, without limitation your email address, name and birthday.

(2) We will also ask you to pick a security question and answer (or security questions and answers) and may collect your IP address and computer’s hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation, to verify your ownership of and to maintain your Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse.

(3) All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Agreement and our Privacy Policy, which is hereby incorporated by reference.

(4) You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate government authorities.

4.3. Username / Password

You acknowledge that you shall be responsible for ensuring that any user name you select does not infringe any third party rights or is otherwise unlawful. INFIPLAY may refuse to grant you a username in its sole discretion for any reason including if it impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and INFIPLAY reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that INFIPLAY reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in INFIPLAY’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF VIRTUAL CURRENCY, SITE ITEMS, OR SERVICES ON OR THROUGH THE WEBSITES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password and (ii) immediately notify us of the problem by e-mailing us at acc@infiplay.com with the subject line: “Username Password Security Issues”).

5. Virtual Currency / Site Items

You acknowledge that the Websites and/or Services may include a component of fictional credits or currency sometimes called “Points” (collectively, “Virtual Currency”). The Virtual Currency may be used exclusively within the Websites to gain access to and certain limited rights to use virtual items for use exclusively within the Websites and Services (“Site Items”). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from INFIPLAY or any other person or entity at any time. Virtual Currency provided by INFIPLAY includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Currency on and in the Websites or Services including in or for any games, applications or other services provided or offered on or through the Websites and/or Third Party Platforms, and you agree that you have no right, title or ownership in or to any such Virtual Currency. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER INFIPLAY NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SITE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.

INFIPLAY reserves the right to charge fees for the right to access or use Virtual Currency or Site Items, and/or may distribute Virtual Currency or Site Items without charge, in its sole discretion. For example, INFIPLAY may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that INFIPLAY may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Site Items and/or any Services at any time except as may be stated in writing. Virtual Currency and Site Items will not expire and will not incur fees for non-use.

All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Site Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Site Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws and/or any national laws implementing it.

INFIPLAY has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and INFIPLAY shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your account is terminated, suspended or closed for any reason or when INFIPLAY discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.

INFIPLAY reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. INFIPLAY further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Site Items. While INFIPLAY strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that INFIPLAY’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to INFIPLAY that such calculation was or is intentionally incorrect.

6. Virtual Currency Transfers/Transactions

Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Site Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Websites or Services is not sanctioned by INFIPLAY and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify INFIPLAY against any and all consequences resulting from such actions. You acknowledge that INFIPLAY may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Websites or Services. You further agree that INFIPLAY may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. INFIPLAY may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction. Verification of certain information applicable to a transaction involving Virtual Currency and/or Site Items may be required prior to INFIPLAY’s acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Site Items, or other awards for participating in Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in INFIPLAY’s marketing materials, including on the Websites and in the Services. You acknowledge and agree that INFIPLAY shall have no liability for the use or loss of such information, Virtual Currency and/or Site Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity. INFIPLAY may replace such lost Virtual Currency and/or Site Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability. You may be required to provide INFIPLAY or its designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Site Items. You may also have the option of participating in third party offers to receive Virtual Currency. INFIPLAY is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions on the Websites, on or through Third Party Platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. INFIPLAY expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor and/or store. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by INFIPLAY as described in the INFIPLAY Privacy Policy and, as applicable, in the privacy policy of the third-party payment processor(s) or stores used by INFIPLAY on or through the Websites or Third Party Platforms, (b) that all credit card and other payment related information that you provide to INFIPLAY, its designated payment processor or store, or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.

7. Your Responsibilities

While using the Websites and/or Services, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our reasonable discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. We further reserve the right to determine what conduct is outside the “spirit” of the Service and games provided therein. While using the Service, you agree not to:

• Restrict or inhibit any other individual from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service;
• Interfere with or disable any security-related features of the Websites or Services, or any part thereof, including any Services available on or through any Third Party Platforms;
• Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, looting, kill stealing, making sexual comments and/or cursing;
• Express or imply that any statements you make or actions you take are endorsed by us;
• Impersonate another person (including celebrities), indicate that you are an INFIPLAY employee, representative of INFIPLAY (including a GM) or attempt to mislead users by indicating that you represent INFIPLAY or any of INFIPLAY’s partners or affiliates;
• Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party's intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Use the Websites and/or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
• “Stalk”, harass, threaten, or defraud other INFIPLAY users or any members of INFIPLAY staff, including by bullying, griefing, shouting, flooding, using excessively large images so that the screen goes by too fast to read, or by hitting the return key repeatedly;
• Access another user’s account without permission;
• Share INFIPLAY passwords with a third party;
• Make offers, advertisements or proposals for goods, services, or other commercial activities outside of INFIPLAY;
• Send, post, transmit or make available any content, information or Submissions that are subject to intellectual property protection, including, copyright trademark, trade secret or patent rights, or otherwise subject to third party property rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from the owner of such rights to do so and to grant INFIPLAY all the license rights necessary to transmit or maintain such content, information or Submissions;
• Misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Websites, the Services or a Third Party Platform, (such as claiming a created work as your own that is not actually yours);
• Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Websites or Materials, including any Services available on or through the Site or Third Party Platforms;
• Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Websites and/or Services;
• Frame or mirror any part of the Websites and/or Services without INFIPLAY’s written permission;
• Buy, sell or trade Site Items or user accounts for non-INFIPLAY items (including cash) or vice versa;
• Make improper use of INFIPLAY’s support services, including by submitting false abuse reports;
• Imply or state that any statements you make are endorsed by INFIPLAY without INFIPLAY’s prior written consent;
• Assist, permit or encourage any party in engaging in any of the activities described in the above listing;

While using the Websites and/or Services, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations, INFIPLAY has the sole discretion to delete, suspend, terminate or close your user Account, with or without prior notification to you, for any violation of these Terms, including any of the standards.

8. Intellectual Property Rights and Copyrights

8.1 INFIPLAY or its respective licensor is the exclusive owner or exclusive owner of the rights of all contents of the respective games. The content is protected by national and international law and particularly by copyright. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of INFIPLAY are prosecuted under both civil and criminal law.

8.2 Within the framework of the use of the games, INFIPLAY provides in part software to the User (e.g. the client). INFIPLAY grants the User the non-exclusive right limited to the period of use of the games for this software within the framework of a non-commercial use on the User's respective terminal device. The User may only copy this software for the purpose of backup and archiving for personal purposes, unless INFIPLAY permits the User explicitly the passing on of the software. The User agrees to retain the information about the intellectual property, which is marked on the software, also on copies of the software or in this software and to comply with all laws applicable to the use of the software.

8.3 The User is not permitted to copy the game or the software in whole or in part (with the exception of any necessary backup copy) or to disseminate, to sell, auction, rent, lease, modify, or develop derived works, to edit, translate, execute, exhibit, sub-license or generally transfer the game or the software. The User is not permitted to copy the game or the software for a fee or make it accessible to third parties for a fee and to lease or rent the game or the software or the rights thereof to third parties against payment of a fee or to transfer it in any other form to third parties for a fee or modify, translate, apply reverse engineering, to decompile or disassemble or to develop any other works derived on the basis of the game or software.

8.4 INFIPLAY and/or its suppliers and licensors retain the rights on the intellectual property of all contents of the games - with the exception of the contents uploaded by the User - as well as any other intellectual property rights on the game or software.

8.5 Any remaining agreements on further licensing provisions for the game or software, which the User potentially accepts prior to using the games, shall remain unaffected by the above-referenced provisions.

8.6 The User shall retain all rights on the contents provided by the User. By providing contents in the games, the User grants INFIPLAY a non-exclusive, free license to publish worldwide these contents in games and make these contents accessible to third parties. This non-exclusive free license can be revoked by User at any time INFIPLAY will only edit any contents provided by the User to the extent and if technical reasons require it for the error-free rendition in the games. INFIPLAY does not have any further rights of use on the contents provided by User. The User can remove his/her contents at any time. This license expires once the User deletes the contents from the games. INFIPLAY is not obliged to provide any means for deletion. The terms and conditions of the social network have priority in social games. INFIPLAY has no influence on social networks.

9. Terms of Paid Services provision

9.1. This section of the agreement regulates the procedure and conditions for the administration to provide paid services to the user

9.2. At the user's request, the administration provides paid services that provide the opportunity to use the special features of the game project. As a result of using such opportunities, game characters controlled by the user can receive game values and additional functionality that contribute to faster or more comfortable development of game characters on a game project. Game values are intangible in nature and can be used by the user only within the game project and during the gameplay.

9.3. The moment the administration provides a paid service is the moment the in-game (virtual) currency is credited to the user account. From this moment on, the paid service is considered to be provided in full, on time and with proper quality. Funds paid by the user for the paid service provided are non-refundable. 

9.4. If the user decides to use paid services, he is obliged in his personal account to select from the provided options (game project, server, character, payment option for the service) the option that allows the user to provide a paid service. The user is solely responsible for the correctness, completeness, reliability, timeliness and correctness of his choice.

9.5. Methods and conditions for the provision of paid services, as well as a list of payment systems available for payment, are located in the user’s personal account.

9.6. When using paid services, the user undertakes to follow payment instructions on the procedure and methods of payment, including the rules for entering a message and short text message (SMS) number, including the order of entering upper and lowercase letters, numbers and input language. The provision of paid services to the user is guaranteed upon compliance with the attached instructions and payment terms. The administration is not responsible for the correct fulfillment by the user of the conditions for receiving paid services. Regarding the rules and procedures for using payment systems to receive paid services, the user should contact the authorized acquiring bank of such payment systems. The administration does not provide users with explanations and instructions on issues related to the rules and procedures for using such payment systems, and also does not compensate funds to the user who carried out transactions to receive paid services through payment systems if such payments were made in violation of the rules established payment systems, as a result of which the funds were not received by the administration.

9.7. The user may receive paid services provided that the services have been paid for, and the administration has the right, until confirmation of payment is received, not to provide paid services or to provide them in a limited volume. The administration, for its part, does not provide the user with deferrals or installment plans, except in cases where payment systems and the legal entities they represent, for their part, provide specially designed such services. In this case, responsibility for payment settlements lies with payment systems and their legal representatives. In all other cases, paid services are provided to the user after payment for the services in full.

9.8. In the event that, as a result of a technical error or failure within the game project or the conscious actions of the user, he received paid services without payment and/or incomplete payment for such paid services, the user is obliged to inform the administration about this fact and compensate the administration for the cost of paid services received by the user as a result of such circumstances.

9.9. The user is obliged to save documents confirming his payment for paid services for the entire time of the user’s participation in the game project, and if the administration requests such documents, provide them, as well as provide information about the circumstances of such payment by the user. The administration does not undertake the obligation to provide the user with a detailed report on the actions carried out on the user’s account with paid services.

9.10. The user undertakes not to make payments for paid services in ways that obviously make it difficult or impossible to confirm the validity of the payment. Confirmation of the validity of the payment can be the uploading of account details or an account statement with a positive balance of own funds on the user’s personal account in the payment system at the time of the request from the administration, certified by the seal of the issuer company. Confirmation may be requested by the administration directly from the issuer. The time for receiving confirmation in this case is established on the basis of the internal regulations of the issuer company and is outside the area of responsibility of the administration. The user has the right to contact the issuer himself to receive confirmation and then transfer it to the project administration. In the case of payment via SMS services on short numbers, the period for automatic confirmation by the issuer without user participation can be more than 6 months.

9.11. Paid services on the INFIPLAY project are provided only by the administration of this project, therefore no offers from third parties to provide any services related to the game project can be regarded by the user as offers coming from the administration. In case of controversial, unclear situations, or sending the user any offers from any third parties related to payment for services, or posting such advertisements and offers on the Internet, with the exception of administration resources and made on their behalf, the user is obliged to immediately notify the administration about such a fact. If the user, in violation of this provision, made a payment for the specified advertisement using the details specified in such advertisement, the administration user’s claims regarding his failure to receive paid services are not accepted and the administration does not compensate the user for the money spent by the user under such circumstances.

9.12. If the administration determines that the user receives paid services provided by the administration from other third parties (individuals and/or legal entities), the administration has the right to suspend, limit or terminate the provision of paid, free and additional services to the user.

9.13. Receipt of paid services does not exempt users from compliance with this Agreement, the rules of the portal and the game project and the application in relation to them of any measures specified in the User Agreement, the rules of the portal and the game project, including the administration’s complete or partial refusal to provide services to the user. Compensation to the user of paid services in the event of refusal of the administration to further provide services will not be provided.

9.14. The user guarantees to the administration that he has the right to use the funds he has chosen to pay for paid services, without violating the legislation of the country of which the user is a citizen. The administration is not responsible for possible damage to third parties and/or other users caused as a result of the user using means of payment that do not belong to him.

9.15. The administration is not responsible for possible illegal actions of the user when he makes payment for paid services. The administration reserves the right to unilaterally suspend or terminate the provision of services if there is a suspicion that the user has committed illegal actions, until the circumstances are clarified.

9.16. If the administration has reason to believe that the user is committing illegal (including fraudulent) actions related to payment for paid services, the administration has the right to transfer the relevant information to law enforcement agencies to verify this fact.

9.17. The user shall bear all costs associated with payment for paid services, including fees and commissions, independently and at his own expense.

9.18. The user guarantees that he has full authority to enter into this agreement in the section for the provision of paid services, as well as that he has the right and authority to make payments. If the user has limitations on his legal capacity, he must independently obtain the necessary permission in the form required by law from his parents or other legal representatives to make payments.

9.19. The user agrees, understands and accepts that game projects are not gambling, games for money, competitions, bets, and the acquisition of paid services is his free will and desire and is not a necessary or obligatory condition for participation in the game project and in the game process.

10. Indemnification and Limited Liability

10.1.    You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors, and assigns from and against any third-party claim arising from or in any way related to (i) your breach of the Terms and/or Privacy Policy; (ii) any use of your Account, by any person; (iii) your violation of applicable law, rules or regulations; and/or (iv) your negligence or misconduct, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of any kind and nature.

10.2.    You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

10.3.    If the limitation of liability provided under applicable law is held invalid, in any case, our cumulative liability for all claims arising from or relating to the Products shall be a maximum of 100 (one hundred) USD. The existence of one or more claims by you will not increase our liability..

11.             ADS

The Products may be supported by advertising revenues, and we may place advertising, promotions, or sponsored content (the “Third-Party Ads”). You acknowledge that we may not always identify Third Party Ads content. The manner, mode, and extent of such Third-Party Ads content are subject to change without notice to you. We are not liable for any errors in content or omissions in any Third-Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third-Party Ads, including any goods, products or services offered by such Third-Party Ads

12. Termination and Discontinuation

12.1 The agreements between User and INFIPLAY (e.g. use agreement of the account, use agreement for individual games) are concluded for an unspecified time unless otherwise agreed in writing.

12.2 Both Parties have the right to terminate the agreements by giving an advance notice of seven working days unless otherwise agreed in writing.

12.3 Any potential subscription agreement is concluded for the period specified in the list of services for which the User opted at the time of the conclusion of the subscription agreement. The respective term renews itself automatically by the original term if the User does not terminate the agreement no later than five workdays prior to the end of the term. The subscription must be terminated through the account management tool on the respective game website or through direct contact with customer service.

12.4 If the User terminates the subscription, then INFIPLAY will not pay back any fees already paid and it does not pay out in real money any virtual credit balances credited to the User's account subject to any constellation regulated in these Terms of Service.

12.5 The right of the Parties to terminate the use agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, INFIPLAY can terminate this agreement for any significant reason, if

(1). the User violates culpably the laws, these Terms of Use, the game rules and/or use rules for virtual currencies or premium features and the User continues to act in the same or similar manner despite warning letter;

(2). the User has not utilized his/her account for three months despite reminder;

(3). third parties (e.g. social network operators), through the registration function of which the User gains access to his/her account at INFIPLAY, requests INFIPLAY to delete the user data and/or to undertake any comparable actions;

(4). third parties (e.g. social network operators), through the registration function of which the User gains access to his/her account at INFIPLAY, limit INFIPLAY' access to data.

12.6 Termination effective immediately is permissible in case of serious violations without the need for any advance-warning letter.

12.7 A serious violation is any violation which makes it unreasonable for INFIPLAY to keep to the agreement.

12.8 In the following cases, it is unreasonable for INFIPLAY to maintain the agreement:

(1). if the User violates the criminal code;

(2). if the User uses the account or a game in an impermissible manner;

(3). if the User provides false information during registration or during payment of chargeable services;

12.9 If the User is responsible for the extraordinary termination, then the User is not permitted to create a new account if his/her account was blocked unless he/she has the express prior written permission of INFIPLAY. In this case, the User is not permitted to register for any game to which access was denied to him/her without the express prior written permission of INFIPLAY. If INFIPLAY finds that this ban was violated, then INFIPLAY has the right to block this account or game registration permanently without prior announcement.

12.10 If INFIPLAY is responsible for the extraordinary termination and the User still has virtual currency in his/her account, then INFIPLAY will credit the User the virtual currency to a game offered by INFIPLAY and chosen by the User. Any repayment in cash is excluded unless the credit for another game of INFIPLAY is in an exceptional case unreasonable for the User, e.g. because no equivalent or similar game is offered. In this case, INFIPLAY will reimburse the User the full value of any virtual currency the User paid and which is still in his/her account. Further claims of the User are excluded unless otherwise specified in these Terms of Use.

12.11 Every termination must be in written form, whereby the written form is maintained by e-mail. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require specification of the termination reasons.

13. Miscellaneous

13.1 In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.

13.2     The User is not entitled to assign to third parties his/her rights under this contractual relationship. Something else applies only if INFIPLAY provides its prior consent in writing. INFIPLAY is entitled to transfer to a third party any rights and duties under this contractual relationship. The User can terminate the use of the games effective immediately upon such transfer. Any virtual currency at the time in the User’s account will be reimbursed.

13.3     Any issue which is not agreed in the Terms will be governed by the laws of Hong Kong Kong.

13.4.    Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of the Terms by negotiations. The party which has any claims and/or disagreements shall send a message to the other party indicating the claims and/or disagreements that have arisen. If, nevertheless, a disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent court at Hong Kong International Arbitration Court.

13.5.    Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

13.6.    Entire agreement. The Terms is the final, complete, and exclusive agreement between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms).

13.7.    No waiver of rights. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.

13.8.    Titles and interpretation. The clause titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

13.9.    Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.

13.10.  Assignment. The Terms and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign the Terms without your consent. The terms of the Terms shall be binding upon assignees.

Our contact details:

Name: INFIPLAY INC. LIMITED.

Address: UNIT A 3/F CHEONG SUN TOWER 116-118 WING LOK ST SHEUNG WAN HONGKONG.

Email: acc@infiplay.com