Terms of Service
- Last Update : 2020-08-29
Terms and Conditions of Service
Turbo Ventura Tech Limited
These Terms and Conditions of Service are to define Turbo Ventura Tech Limited’ (hereinafter "Company") and the game user's rights and obligations as well as other necessary matters with regard to the provided game service ("service") by The Company incorporated Suite 3401, 34/F, One Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong.
2. Company Information
The Company will display its information such as company name , address, e-mail address, tel./fax number, name of CEO, etc. on the main screen of the service so that the user can obtains the information about the Company with ease.
3. Effectiveness and changes of Terms of Service
3.3 The user has the right not to agree to the changes of the Terms of Service and other policies of the Company. In such cases, the user is to stop using the service immediately.
4. Rules and Regulations outside the Terms of Service
Items not mentioned on the Terms of Service will be dealt in accordance with the relevant laws and common commercial practices.
5. Agreement to use the service
5.1 Subject to user’s agreement and continuing compliance to the Terms of Service and any other policies of the Company, the Company grants the user a non-exclusive, non-transferable, non-sublicensable, revocable and limited permission to use the service for the user’s non-commercial entertainment purposes. Once the user has agreed to the Terms of Service and the app runs normally on the mobile device, it will be recognized as an agreement to the Terms of Service by the user.
5.2 When requesting or making use of a service, the user is obligated to provide his/her real name and information (hereinafter referred to "user Info"). Sharing the user Info or abusing a different user Info results in forfeiture of the related accounts, and Company may terminate the Agreement. This rule is also applicable when the user is using the Company's service via platform provider providing the Company's service.
5.3 Children under age nine (9) require a legal representative's written consent when agreeing to the Terms of Service. The process of approval may vary depending on the local laws and/or the platform provider's processes.
5.4 The Company reserves the right to refuse registration or terminate the agreement of the Terms of Service for one of the following instances;
1) The user fails to make payment for an in-app purchase, or if the payment proves to be faulty and there is no way to prove the payment is duly made
2) The user under age nine (9) fails to acquire the legal representative or guardian's written consent, or cannot produce the legal representative or guardian's written consent when requested
3) The user has been banned at least once in the past three (3) months, or the user has been permanently banned and is re-applying for the registration
4) The user uses a (stolen) third party's credit card, phone payment or bank account without the third party's consent to purchase or use premium content
5) The user is using the service in a territory which has been granted to a publisher for overseas service, and the Company is obligated to refrain from providing services in this territory
6) The user applies for registration with the intent to act against the relevant laws.
7) The user engage in any act that the Company is deemed to be in conflict with the spirit or intent of the service or make improper use of the Company’s support services.
8) The user uses or takes part in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the service, any game of the Company.
9) The user modifies or causes to be modified any files that are a part of the service or any of the Company’s game without written consent by the Company.
10) The user posts any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
11) The user posts any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
6. User Account Management
The Company grants the user the right to access and use its services subject to the obligations to manage his/her account. The user is obligated to manage his/her account in good will. The Company is not responsible or accountable for any damages or losses occurred by the user's neglect or user’s sharing accounts with a third party.
7. Personal Information and Data Protection
7.3 The Company neither takes responsibility nor is accountable for the exposure of the user's personal Information caused by the user's negligence or misuse.
7.4 The user is solely responsible for the information that the user post on, through or in connection with the service and that the user provides to others. The Company may reject, refuse to post or delete any user content for any or no reason, including without limitation to the user content that violates the Company’s Terms of Service in the sole judgement of the Company.
8. Obligations of the Company
8.1 The Company will abide by the relevant laws, and act complying with the rights and obligations described on this Terms of Service in good faith.
8.2 Should user's complaint be objectively deemed reasonable, the Company will take necessary measures in due course to sort out the complaint raised by the user. If the Company needs more time due to the complicacy of the user’s complaint, the user will be informed about a timeline for the resolution separately.
8.4 For a consistent and stable service, the Company will maintain the necessary equipment in good order. When there occurs equipment failure, errors in the service or loss or alteration of data during the time of the service, the Company will remedy such disorders to the best of Company's abilities, should it not be caused by natural catastrophes, emergencies, or the problem at hand proved to be difficult to solve with the current technology.
8.5 For transparency, the Company will provide the user with all necessary information about the Agreement procedure, changes to the Terms of Service and the termination of the Terms of Service.
9. Obligations of the user
9.1 The user agrees that the user should not, under any circumstances;
1) Attempt to gain unauthorized access to the service, accounts registered to others or to the computer, servers, or networks connected to the service by any means other than the user interface provided by the Company.
2) Purchase premium content using other person’s identities or personal information, abusing another user's account information, using third parties' credit card, phone billing, bank accounts without the third party's consent
3) Trade or sell content or premium content with/to others making use of the service not provided by the Company
4) Disrupt, interfere with or otherwise adversely affect the normal flow of the service or otherwise act in a manner that may negatively affect other user’s experience when using the service or playing the Company’s games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the service to gain an unfair edge over other users and any other act that intentionally abuses or goes against the design of the service.
5) Use the information acquired from the Company's Service or App without the Company's explicit consent to reproduce, communicate to or aggravate other users, or for commercial purposes.
6) Use the Company's service or app for the sake of personal or a third party's financial gain
7) Violate the Company's or a third party's Intellectual Property or Portrait Rights, or collecting, saving, circulating, posting other user's personal information without the Company's explicit consent
8) Deceive a third party for financial gain or abuse the services provided by the Company, causing damages including financial losses to third parties
9) Post sexual or vulgar information, offering links to obscene sites or posting unauthorized advertisement
10) Participate in or incite betting and/or gambling behavior
11) Act in an insulting, obscene, threatening way against other users, in text or video
12) Send illegal information (computer programs) which may cause harms to software, hardware, electronic devices, etc.
13) Change the app, adding third party programs to the app, exposing the source code of the app, extracting and changing the app's data, creating a separate server or impersonating the Company by copying/changing the website.
14) Impersonate a Company's employee or production member, steal someone's identity and post or send e-mails in his/her name without his/her consent
15) Use the provided service for financial gain, own business purposes, political actions, electioneering etc. without explicit consent of the Company
16) Engage in illegal or immoral conduct which disrupts the general order.
9.2 The user is obligated to regularly check the Company's website, message boards and the in-app Terms of Service and notices, and may not engage in activities which may cause conflict with the Company's obligations.
9.3 Notwithstanding anything to the contrary herein, the user acknowledge and agree that the user shall have no ownership or other property interest in the account, and the user further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.
9.4 The user is responsible for the management of his/her own account, and should not grant access by the third parties. The Company shall comply with the open market operator's policies. The user is not eligible for a refund from a purchase made by a third party on the user's account.
9.5 The Company reserves the right to determine what conduct it regards to be in violation of the rules of use or outside the intent or spirit of this Terms of Service. The Company also reserves the right to take the necessary actions including terminating the user’s account or prohibiting the user from using the service all or in part.
10. Duration of service and Discontinuation
10.1 The Company's service Agreement with the user begins when the user agrees to the Terms of Service, with the exception when the date of the beginning of the service is already set with a certain date in the future.
10.2 As long as there are no significant problems in operations or production, the service will be provided 24 hours a day. When the Company decides the system maintenance, server expansion or repair, service advancements, hotfixes, implementation of new services, the services may be stopped for the duration of the maintenance. The Company is to give the necessary notice to the user why and how long the service will be stopped in due course.
11. Service contents and updates/changes
11.1 The user is to understand that the service is an evolving one. The Company may require that the user accept updates to the service and the Company’s game you have installed on your device or computer. The user acknowledge and agree that the Company may update the service and its’ game, with or without notifying you. The user is to update third party software from time to time in order to receive the service and play the game provided by the Company.
11.2 The Company reserves the right to create, change, maintain, sustain or discontinue the service at its own discretion.
11.3 The Company reserves the right to change, advance, remove its service structure in part if the Company deems it necessary. Details about changes of the service will be posted on the Company website or on message board of the service.
11.4 The Company may partly or completely terminate its service due to unforeseen circumstances or cause beyond the Company’s control such as;
1) war, acts of God, terrorism, riots, embargoes, shortages of transportation facilities, fuel, energy, labor or materials, or state of national emergency.
2) blackouts, various equipment failures or unbearably excessive log-ins, affecting the service performance
3) maintenance or repairs of the equipment, which makes sustained service impossible for a certain period of time.
4) other circumstances making sustained service impossible
11.5 The Company is neither responsible nor accountable for the change or suspension of services, unless it was caused either by the Company's willful misconduct or significant negligence.
12. Handling of user’s information and display of advertisement
12.2 The Company reserves the right to display advertisements in its services, and the user agrees to being exposed to such advertisements.
12.3 The Company is in no way liable for the potential damages occurring from the advertisements and all kinds of inter-related actions with these advertisements.
12.4 The Company reserves the right to send out notifications or advertisement to the user's mobile device (push notification), and the user has the right to remove such function at any time.
13. Purchase of premium content
1) In the service, the user may purchase subject to payment the premium contents such as virtual currency, virtual in-game items including other goods or services (“merchandise”). The user is only allowed to purchase premium contents from the Company or its authorized partners through the service, and not in any other way.
2) The user may use the services and may purchase premium contents inside the provided services, following the Terms of Service of the app-store provider. Depending on in which country the service is provided, the purchase cost may differ slightly. But, the type of the user's mobile device and who the app-store provider is, does not give influence to the purchase cost for the premium contents. The purchase and the payment methods will proceed according to the rules and terms of the relevant platform provider or app-store provider.
3) The purchased premium contents may only be used on the mobile devices which the user downloaded and installed the service app on.
1) The user can make use of the premium content to play game in the Company’s service immediately after the company accepts your purchase, if not otherwise specified.
2) The validity of the user's purchased premium contents, if not otherwise notified or specified, is no more than one(1) year. Should a premium content have a specific use duration and it is notified to the user before the purchase, the validity will be set for the determined duration. Except for special cases authorized by the Company, the user can only use the premium contents on his/her own account, and cannot transfer, sell or trade premium contents to/with any person or entity.
13.3 Payment and Refund
1) The user agrees to pay all fees and applicable taxes incurred by the user or anyone using an account registered to the user. The Company may revise the pricing for the goods and services offered through the service at any time.
2) All purchases and redemption of premium contents made through the service are final and no-refundable.
3) The user acknowledges that the Company is not required to provide a refund for any reason, and that the user will not receive money or other compensation for unused premium contents or virtual items when an account is closed, whether such closure was voluntary or involuntary.
14. In-app Purchase
14.1 Applications offer in-app purchase functions for premium contents. The user is obligated to protect his/her personal information by using the mobile device's password or other credentials and the password settings provided by the relevant app-store provider etc. to refrain third parties from making in-app purchases with the user's account. In order to provide additional protection, the Company may implement modules and libraries etc. for in-app purchases in its services in accordance with the advice, guidance, regulations and laws etc. from the government or any other authorities.
14.2 The Company is in no way liable for potential damages or losses from unwanted in-app purchases by third parties due to the negligence of the user (neglecting password protection, or giving away his/her account information to third parties).
14.3 If the user under age nine (9) has been registered to the service, and makes an in-app purchase on his/her phone, the legal representative or legal guardian’s consent will be regarded as given.
14.4 The maximum amount of the purchases allowable may vary, depending on the payment method, the carrier's policy, the app-store provider's policy, or the Company's policy.
15. Termination, Discontinuation of Service
15.1 The user can terminate and withdraw the Agreement at any time and the user must immediately stop using the service. Once the user withdraws the service, the user will not be able to use the relevant service for fourteen (14) days, and all the user information together with user content information (including service use records) will be deleted.
15.2 The Company reserves the right to terminate or temporarily stop the Agreement with the user if the user, at the Company’s discretion, violates any conditions of the Terms of Service.
15.3 The user has the right to object to the termination of the service Agreement. Should the Company deem the objection reasonable, the Agreement between the user and the Company will be continued by the reestablishment of the service.
15.4 In case that the Agreement is terminated in accordance with this article, the Company will not be liable for any damages or losses occurred to the user caused by the termination.
15.5 To prevent the user from excessive addiction to use the Service, the Company reserves the right to restrict the gameplay, play time or number of rounds to play of its services. The Company may even make use of the user protection programs, depending on the level of excessiveness of game addiction. Should the user decline the implementation of such programs, the Company may terminate the Agreement with the user even without the user's consent.
16. Temporary Restrictions of Use
The Company reserves the right to put its services of relevant users on hold until the investigation of one of the cases below is completed:
1) report of the user's account being hacked or abused by a third party
2) suspicion of using the illegal programs or user engaging in other illegal activities
3) other reasons related to above 1) and 2)
Once the investigations are completed and proves the user not responsible, the user will be compensated for potential loss of validity time of premium contents, but not if the user's account has positively been hacked.
17.1 Should the user cause the damages or losses to the Company violating user’s obligations of the terms of Service, the user is obliged to compensate the Company.
17.2 Should the user’s actions during the use of the service, including illegal activities related to the service or violations of Terms of Service, result in the damages or losses to the third parties, who may demand compensation from the Company, the user is obligated to exempt the Company from any liabilities. Should the Company not be exempted, the user is liable for all damages and losses occurred to the Company.
18. Exemption of liability
18.1 The user agrees to indemnify, defend and hold the Company (and its’ officers, directors, agents, subsidiaries, joint ventures, employees and other authorized partners of the Company) harmless from any claim, demand damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the user’s use of the Service, or any breach by the user of these Terms of Service. However, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
18.2 The Company is not liable for the following, or followings exempt the Company from the liabilities and/or responsibilities.
1) not providing its service due to unforeseen circumstances or causes beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, act of civil or military authorities, fire, flood, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials inclusive of technical failures.
2) restricted or discontinued services of which causes are imputable to the user, or to a carrier, who restricts or discontinue telecommunication services, causing damages or losses to the user.
3) restricted or discontinued services announced beforehand or in an emergency situation, if the cause is due to repairs, exchange, maintenance of service-related facilities or equipment.
4) the user's expectations about the ratings or rankings cannot be satisfied using the provided service.
5) damages or loss of data occurred by the user’s changing the personal information (including account information).
6) any damages caused by various problems of the user's mobile device's environment or the problems caused by network conditions, which is not imputable to the Company.
7) any compensations that may result from the disputes, user to user or user to third party, to which the Company is in no way obliged to join.
8) any compensation to users for lost free services or free contents, if these are not caused by the intention or grave negligence of the Company.
19. Intellectual Property Rights and Copyrights
19.1 The copyrights of the contents are the property of the company. The Company owns exclusively the rights of all the contents of the respective games. The content is protected by national and international laws and particularly by copyright. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of the Company are prosecuted under both civil and criminal law.
19.2 The user grants the Company the right to use indefinitely all kinds of contents of user’s, including text communications, images, sounds and all documents in general sent through the Company's services. However, the Company shall not sell, rent out or transfer such contents without the user's explicit consent.
19.3 Should one of the Company's communication platforms, i.e. a message board contain information which has negative legal impact on the user, the user has the right to demand deletion of such information or a written clarification on this matter from the Company. In such case, the Company is obligated to solve the issue quickly, and inform the user of the progress.
20. User Content
20.1 “User content” means any communications, images, sounds, and all the material, data, and information that the user upload or transmit through the Company’s game client or the service, or that other users upload or transmit including any chat text.
20.2 By transmitting or submitting any user content while using the service, you affirm and warrant that such transmission or submission is;
1) accurate and not confidential or misleading
2) not in violation of any laws, contractual restrictions or other third party right
3) free of viruses, spyware, worms and other malicious codes
20.3 Should the Company sees the posting of the user content inside the service violating the Terms of Service, the Company reserve the right to remove, delete or refuse the posting of user content without prior notice to the user.
21. Jurisdiction and applicable Law
21.1 If the user has any complaints , the user is encouraged to contact us with firstname.lastname@example.org
21.2 Any disputes between the user and the Company which requires legal solution as last resort must be solved exclusively by a court located in Hong Kong