Effective Date: August 30, 2022
Please read these Terms carefully before using or accessing our Services.
These Terms of Service (¡°Terms of Service,¡± ¡°Terms,¡± or ¡°ToS¡±) govern the relationship between you and Yohoohaya Games, Inc. (together with its parents, subsidiaries, representatives, affiliates, officers, and directors, ¡°Yohoohaya Games¡± or ¡°we¡± or ¡°us¡±) regarding your access to and use of Yohoohaya Games¡¯s games, mobile apps, websites, content, products, and any related services (collectively the ¡°Services¡± as further defined in Section 3).
When you use or access our Services in any capacity, you represent that you are at least 13 years old (or at least 16 years old if you live in the European Union) and that you understand and agree to these terms. If you are under the age of 18, you agree that you have obtained permission from your parent or guardian to use our services. If you access our Services through a third-party platform or website, you may be required to follow their policies in addition to these terms.
We may amend these Terms by posting the amended versions on our website or in the supplemental terms of the applicable Service(s). By continuing to access or use our Services after we post amended versions, you confirm your agreement to the Terms, as amended. If you do not agree with any of the changes, you must immediately stop accessing our Services and your license to use our Services will immediately terminate.
This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.
Limited License
Subject to your agreement to and continued compliance with these Terms and all relevant Yohoohaya Games Policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations below) to access and use our Services for your own personal (ie non-commercial) entertainment purposes. You agree not to use our services for any other purpose. You also agree to comply with all applicable laws when accessing or using the Services. Yohoohaya Games and its licensors reserve any rights not expressly granted herein.
Any use of the Services in violation of the license restrictions contained in this Section 2 is strictly prohibited. We reserve the right to determine whether one¡¯s conduct violates these Terms, and to take any action we deem appropriate in accordance with these Terms, including but not limited to removing objectionable content and/or suspending or terminating access to the Services or any portion thereof.
Restrictions
You specifically agree to the following license restrictions in connection with the Services:
You further agree that under no circumstance will you:
Suspension and Termination of Account and Services
Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, Virtual Items, in-game purchases, or other losses. We are not and will not be held responsible for loss of any Account, information, persona, rankings, benefits, Virtual Items, in-game purchases, or other losses incurred, and are under no obligation to compensate you therefor.
We reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any particular game, at any time for any reason. If this does occur, your license to access or use the applicable Services will automatically terminate and you may lose access to any content that you may have submitted or were in the process of submitting. We reserve the right to terminate any Account that has been inactive for 180 days or more. We are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services or losses resulting therefrom.
You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform Yohoohaya Games that you wish to close your Account by either: (i) opening a help ticket directly in-game via the Help section for the applicable game and requesting that your Account be closed; or (ii) emailing yohoohayagames@163.com and requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account (including, without limitation, your game progress and any Virtual Items associated with your Account).
Access or Use of the Services Associated With Your Account
When you access or use the Services, you create an account with us (¡°Account¡±). In some cases, you may be asked to create a username and password (collectively known as ¡°Login Information¡±). You are responsible for all use of the Services and activity related to your Account, including all transactions and payments associated with that Account (which may include but are not limited to the use of your credit card and other payment systems such as PayPal). You agree to maintain accurate, complete, and up-to-date information in your Account, and our Privacy Policy describes how you can keep your personal information up-to-date. It is your sole responsibility to maintain the confidentiality of your Login Information. You agree not to engage in any acts that may compromise the integrity, fair play and/or security of your Account, including but not limited to sharing Login Information or permitting unauthorized access, loss, or theft. If you learn or suspect that your Account has been compromised, please contact us immediately. We also urge you to modify your Login Information to prevent further damage. We will not be responsible to you for any losses or harm you may suffer as a result of an unauthorized person accessing your Account and/or using your Login Information in connection with our Services.
As part of the Services, we offer you the opportunity to play with your friends or other matched opponents who generally align with your overall skill level in-game. These matched opponents may be auto-generated players that look and play like real people.
You are solely responsible for your interactions with other users of our Services and any other parties with whom you interact through the Services. We reserve the right, but have no obligation, to become involved with any disputes related to those interactions. You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, by granting us access to any password-protected portions of your Account as may be required. If you have a dispute with any other user(s), you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to such disputes.
We reserve the right to reclaim and/or remove any usernames at our discretion at any time, for any reason. You may have only one Account per game on a properly supported device.
The Services and all rights, title and interest therein are and shall remain the property of Yohoohaya Games or its licensors. This may include without limitation all games, mobile applications, software (including server software), websites, titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play, and Virtual Items appearing and/or originating in our Services, whether provided, earned or purchased. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted above; or (ii) to use or reference Yohoohaya Games or its licensors¡¯ company name(s), logos, product and service names, or marks.
You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of Yohoohaya Games.
We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures and sounds using the Services (¡°User Content¡±). Your User Content remains your property. However, once you make User Content available, you thereby grant to Yohoohaya Games an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion of the Services, without notice to or consent from you, and without compensation to you or any other person or entity. You further hereby grant to Yohoohaya Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material submitted or transmitted to Yohoohaya Games in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether User Content is altered or changed in any manner.
As a user, you are personally and solely responsible for all information posted and/or sent, transmitted, or provided to others by you in connection with our Services, including but not limited to User Content posted in forums, blogs, and player chat features. Please do not use these mediums to share or post information you wish to remain confidential. You represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or rights of others, that you have the appropriate permissions or rights from any third parties whose information or intellectual property is comprised in the User Content, and that such User Content is free of malware, viruses, adware, spyware or any malicious code. You agree not to submit and/or transmit any User Content that is unlawful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate. We do not assume any liability or responsibility for any user behavior or for monitoring User Content or conduct in connection with the Services. We may, but are not obligated to, review, monitor, reject, deny, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
User Content may be processed by us in accordance with our Privacy Policy . Please contact us if you have questions regarding your User Content or Account by either: (i) opening a help ticket directly in-game via the Help section; or (ii) emailing us at yohoohayagames@163.com .
Any time you purchase virtual currency (including but not limited to virtual cash and other in-game premium currency), virtual in-game items, and any other premium goods or services in connection with our Services (collectively, ¡°Virtual Items¡±) with real currency (i.e., real world money), Yohoohaya Games grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use such Virtual Items. All purchases and redemptions of such Virtual Items through our Services are final and non-refundable, unless otherwise determined by us. Yohoohaya Games may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice to you. Yohoohaya Games will have no liability to you or any third party in the event that Yohoohaya Games exercises any such rights.
Virtual Items have no real world value. Other than as expressly authorized in our Services, you may not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Yohoohaya Games, another user or any third party.
You understand that use of the Services may result in charges to you, and you agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Payments will be enabled using the payment method tied to your Account. We may revise the pricing for the goods and services offered through our Services at any time. We may also from time to time provide certain users with offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or payments charged to your Account. If you choose to sign up for a subscription or VIP experience in connection with the Services, payments will be enabled in accordance with the terms displayed to you at the point of purchase (and available to you thereafter on the applicable Service(s)). You acknowledge and agree that we are under no obligation to provide you with a refund for any items (including Virtual Items) that are in your Account, for any reason, including but not limited to termination of your Account or when closing your Account, whether such actions are voluntary or involuntary.
If you choose to sign up for a subscription or VIP experience, you will be presented with subscription-specific terms at that time, describing if and when your subscription will automatically renew, for what period of time, and at what cost, until you tell us to cancel it. Those terms will also explain how to cancel a subscription and the time period in which you should do so before you will be charged. Those terms will also be available to you after you sign up, including in-game through the Help settings.
You understand that our Service is a developing and evolving one. Yohoohaya Games may require that you accept updates to our Service. While Yohoohaya Games will make all reasonable efforts to inform you of any such updates, you acknowledge and agree that Yohoohaya Games may update our Service, with or without informing or otherwise notifying you. You may need to update third party software from time to time in order to receive our Service and/or play our games.
Without limiting Yohoohaya Games¡¯s liability under Section 8 below, the Services are provided on an ¡°as is¡± and ¡°as available¡± basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Yohoohaya Games does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.
Limitation of Liability
Yohoohaya Games will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not Yohoohaya Games has been advised of the possibility of such damages. Yohoohaya Games will not be liable to you for more than the amount you have paid to Yohoohaya Games in accordance with these Terms in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Yohoohaya Games during such time period, your sole remedy (and Yohoohaya Games¡¯s exclusive liability) for any dispute with Yohoohaya Games is to stop using the Services and to cancel your Account.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Yohoohaya Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Yohoohaya Games¡¯s liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Yohoohaya Games. This provision shall have no effect on the choice of law provision set forth below.
Indemnification
You agree to indemnify, save, and hold Yohoohaya Games, its affiliated companies, officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith; (ii) any breach or violation of these Terms; (iii) our use of your User Content; or (iv) any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of our Services.
Informal Dispute Resolution
If a dispute arises between you and us, we prefer amicable resolution to protracted legal battles. To that end, we have created an informal dispute resolution program we believe can resolve most matters. Before initiating any arbitration or court proceeding, you must first exhaust these steps to resolution:
Arbitration Agreement
If your issue remains unresolved after you¡¯ve exhausted our informal dispute resolution system above, you may seek to resolve it through binding arbitration as follows:
If you are a resident of the US or Canada, you and Yohoohaya Games agree to resolve any dispute arising out of or related to these Terms or our Services on an individual basis through final and binding arbitration, provided you have exhausted the dispute resolution steps above and the dispute remains unresolved. This agreement will preclude you from bringing any class action against Yohoohaya Games. This agreement applies to all kinds of claims under any legal theory, except those described in the Exceptions to Agreement to Arbitrate subsection. It also applies even after you stop using your Account or have deleted it.
An arbitration proceeding proceeds before a neutral arbitrator instead of a judge and jury, so we both agree to give up our right to a trial before a judge or jury. Arbitration proceedings have different rules than lawsuits in court. Arbitration is less formal, and provides limited opportunity to compel the other side to share information relevant to the dispute¡ªa process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if you or we do not like the arbitrator¡¯s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that too, rather than a court or other agency. Unless you and Yohoohaya Games otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Exceptions to Agreement to Arbitrate
We all agree that we each still have the right to go to court to resolve disputes relating to:
No Class Actions
We all agree that we can only bring claims against each other on an individual basis.
That means:
Severability
You and Yohoohaya Games agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of the law.
Choice of Law
If you¡¯re a US resident, these Terms and our relationship will be governed by California law, without giving effect to its conflicts of laws principles, except as otherwise provided in the Arbitration Agreement above. As described in Section 9 , the Federal Arbitration Act will apply to arbitrable disputes. If you reside outside the US, these Terms and our relationship will be governed by English law, without giving effect to its conflicts of laws principles.
Assignment
Yohoohaya Games may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate any of the rights or obligations you have under the Terms unless you obtain Yohoohaya Games¡¯s prior written approval. Any such assignment and/or delegation without Yohoohaya Games¡¯s prior written approval is ineffective and in violation of these Terms.
Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the ¡°DMCA¡±) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked.
If you believe your copyright-protected work has been posted on the Services in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information:
If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent . Please include the following details:
Supplemental Terms
Supplemental terms may apply to certain Services, such as forums, contests, or loyalty programs (including subscriptions or VIP experiences). Supplemental terms will be disclosed to you in connection with the applicable Service(s). Those supplemental terms are in addition to and shall be deemed a part of the Terms for purposes of the applicable Service(s), and your right to use such features is subject to those supplemental terms.
Entire Agreement
These Terms, including any additional policies and documents referenced in this agreement, are the entire agreement between you and Yohoohaya Games. They supersede all prior understandings between you and Yohoohaya Games, regardless of the medium (oral, written electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.