Terms of Service
Initial Effective Date:[ 02/23 ],2025
Last Updated:[ 02/23 ],2025
This Terms of Service ("Terms") together with our Privacy Policy and all supplemental terms and other documents referenced in these terms help your use, purchases and downloading of our Games, Virtual Items, Websites, store and related services made available from time to time, unless we specifically state otherwise.
In particular, we draw your attention to some important terms in this Terms. By accepting this Terms:
· You agree that you use our Services at your own risk, and that Seasun' s liability to you is limited as set forth in Section6 and 7 below.
· You agree to resolve disputes between you and Seasun in individual arbitration, and not in court, as set forth in Sections 11 and 12 below. We have put this up front, bold, and in all caps due to its importance:
These Terms CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTIONS 11 AND 12 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFICALLY DESCRIBED IN THOSE SECTIONS, YOU AND SEASUN AGREE TO RESOLVE DISPUTES BY BINDING, INDIVIDUAL ARBITRATION, AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. YOU AND SEASUN GAMES FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER, AS EXPLAINED IN SECTIONS 11 AND 12 BELOW.
IF YOU DOWNLOAD, INSTALL AND USE SEASUN SERVICES, WHETHER IN WHOLE OR IN PART. YOU ARE DEEMED TO (A) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY; AND (B) AGREE TO BE BOUND BY AND ACCEPT; THESE TERMS AND OTHER RELATED DOCUMENTS THAT ARE EXPRESSLY INCORPORATED INTO THESE TERMS BY REFERENCE. AS TO THE MINIMUM AGE OF USING OUR SERVICES, ANYONE UNDER THE AGE OF 13 OR OTHER MINIMUM AGE AS DEFINED UNDER APPLICABLE LAWS OF YOUR JURISDICTION SHALL NOT USE THE SERVICES.
YOU MUST CAREFULLY READ AND FULLY UNDERSTAND THESE TERMS, INCLUDING ANY TERMS THAT MAY EXEMPT OR RESTRICT THE COMPANY'S LIABILITIES AND/OR RESPONSIBILITIES AND ANY TERMS THAT MAY RESTRICT AND/OR WAIVE YOUR RIGHTS, AS THEY APPLY TO YOUR USE OF THE SERVICE. IN PARTICULAR, THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT DISPUTES YOU MAY HAVE WITH THE COMPANY YOUR USE OF THE SERVICES IS CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS, YOU SHALL NOT DOWNLOAD, INSTALL OR USE SEASUN GAMES OR ANY OF THE OTHER SERVICES.
For your reference, the table of content of this Term of Use is listed below:
1. Who we are
2. Registration and use
3. Instructions of Conduct
4. Intellectual Property and Content
5. In-Game Currency and Goods
6.Refund
7.Warranty Disclaimers and Limits on Liability
8.Indemnity
9.DMCA/Copyright Policy
10.Third Party Providers
11. Disputes Resolution and Governing Laws(Rest of World)
12. Dispute Resolution and Governing Laws(United States of America)
13.Force Majeure
14.Updates
15.Suspension and Termination
16.Miscellaneous
17.Changes to these Terms
18. Contact information
【Appendix A】Seasun Games Community Guidelines
1 Who we are
1.1 Our Services are owned and operated by Seasun Games Pte Ltd. and its Affiliates (collectively."we","us", "our" ,“Seasun” or the "Company").
1.2 “Affiliate(s)” with respect to a legal entity (such as a corporation, partnership, or limited liability company) shall mean any other legal entity that controls, is controlled by or, is under common control with such legal entity. For the purposes of this definition, the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities or by contract.
1.3 These Terms of Service (these "Terms") set forth the terms and conditions by which you may access Seasun Games and any related services, whether in whole or in part, provided by us (collectively, the "Services"), and form a legally binding agreement between you and us.
2 Registration and Use
2.1 Your Eligibility
(a) Anyone under the age of 13 or other minimum age as defined under applicable laws of your jurisdiction ("Minimum Age") shall not use the services.
(b) If you have reached the Minimum Age but are under the age of majority as defined under applicable laws of your Jurisdiction ("Majority Age") you may only use and register for an Amazing Seasun Games account ("Account") through the representation of your parent or legal guardian, and your parent or legal guardian hereby represents you and accepts the Terms.
(c) Where parental consent or authorization is required under such applicable laws and regulations, you have the obligation to provide to us evidence of such consent or authorization, including as required under applicable laws and regulations, the consent or authorization of the holder of parental responsibility for the minor. We may refuse to process or continue to process the minor's personal information, or provide or continue to provide the Services to the minor until we receive this evidence of consent or authorization.
(d) If you are a minor in your country or region, your use of the Services may be subject to further age restrictions, whether imposed by us or any third party vendor in connection with the provision of certain Services. You may be unable to use or only have limited access to those Services, such as top-up, without the assistance of your parent(s) or legal guardian(s).
(e) If you learn that a child under the Minimum Age has registered for an Account or an Account of a child under the Majority Age not registered under proper representation or guardianship, you may alert us at support@seasungames.com. We will promptly verify, take steps to remove such child's Account Information from Seasun Games and terminate the child's Account.
2.2 License
Subject to your compliance with the Terms, we hereby grant you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to Install and use the Seasun Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Service, Content , “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. unless expressly authorized by Seasun or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Seasun Services, unless expressly authorized by Seasun or permitted by law. Seasun or its licensors own and reserve all other rights, including all right, title and interest in the Seasun Services and associated intellectual property rights.
2.3 Account Registration
(a) In order to access Seasun Services, you are required to sign up for an Account using your email address,or with the third party platform operator e.g. Google, Facebook, Apple, Twitter become a user of the Services (“User”). You can log into Seasun Services using the user name and the password you create.
(b) You shall provide us with the information and complete all the registration procedures according to the instructions on the registration page. By creating an Account:
(i) you authorize us to assume that any person using Seasun Services with your user name and password is either you or a person authorized to act for you;
(ii) you must not impersonate or attempt to impersonate another person; and
(iii) you must safeguard the user name and password of your Account and keep them secret and confidential.
2.4 Account Safety and Management
(a) You undertake to, and shall, comply with all applicable laws and regulations when you use Seasun Services;
(b)You are responsible for ensuring that your Account is secure, You are advised to take care of your Account and ensure to log out appropriately ,you must secure the user name and password associated with your Account and regularly change it.
(c) You may not create an Account for anyone else or create a Account in a name other than your own.Your Account can only be used by yourself and you may not lend, give away or rent the Account or transfer, sell or share the Account in breach of these Terms. You shall notify us immediately when you become aware that your Account is used without authorization. You can request us to suspend the login and use of your Account，in order to avoid being maliciously canceled by others due to account theft, we will carry out the necessary confirmation process. Otherwise, we reserve the right to refuse your request.Otherwise, the unauthorized use will be treated as an act of you and you shall be solely liable for all loss, damages and consequences arising therefrom, including but not limited to online signatures of various agreements, release of information, purchase of commodities and services as well as disclosure of information under these Terms. If the use of your Account is deemed to threaten the safety of your Account, the Accounts and/or information of other Users and/or the security or system integrity of Seasun, we have the right to suspend and/or terminate your Account and/or stop providing the services immediately without notice to you at our sole discretion.
(d) You shall not use Our Services to conduct money laundering and/or terrorist financing activities in any way, shape or form. We will closely monitor such acts and investigate any abnormal activity relating to any large amount of Virtual Items. We reserve and you acknowledge that we have the right to suspend or terminate the Account if we detect you have engaged in such activities. We also reserve the right to cooperate with competent authorities, including but not limited to conducting investigations, collecting evidence of such money laundering and/or terrorist financing activities and providing identity information and the transaction records of associated Account.
3 Instructions of Conduct
3.1 You shall understand and undertake not to and not allow anyone else to engage in the following prohibited activities:
(a) use or allow the use of the Services for any purpose or activity that is illegal, unlawful or in breach of these Terms, public orders and moral restrictions;
(b) reproduce, distribute, publicly display or perform, translate, modify, adapt, create,derivateworks from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof for commercial purpose without our prior consent;
(c) engage in any behavior that: (i) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive, including “trolling;” (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is disruptive to our website, App, its users or user community, is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or entity; or (vi) promotes illegal or harmful activities or substances;
(d) upload, publish, submit or transmit any user content, create a user name or account name, or otherwise engage in any behavior that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy, or any other rights of third parties; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is grossly harmful, racially or ethnically objectionable, disparaging, blasphemous, libelous, defamatory, obscene, pornographic, paedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances;
(e) use abusive, offensive, or defamatory screen names and/or personas, whether created through our Services or through third party devices connected to our Services;
(f) impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
(g) use any unauthorized third-party programs that interact with our Services in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Services and us , or that collect information about the Game by reading areas of memory used by the Game to store information about our Services.
(h) upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;
(i) improperly use in-game support or complaint buttons or make improper, false or spurious reports to us;
(j) use our Content to build any service or game that may disadvantage or compete with our Services or assist another person in building a service or game that would compete with our Services;
(k) probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
(l) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the content, navigational structure or presentation of our Services;
(m) sell, buy, trade, give, lease or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction except as expressly permitted by the Terms, applicable laws or otherwise permitted in the gameplay;
(n) apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;
(o) take advantage of the price differential of Virtual Currency or Virtual Items to make profit by buying and/or selling Virtual Currency and/or Virtual Items from/in different territories;
(p) post or communicate any person’s ‘real world’ personal information whilst using the Services, particularly not in any chat rooms or forums.
(q) exploit our Services, for any commercial purpose, including without limitation (a) using at a cyber cafe, computer gaming centre or any other location-based site; (b) gathering Virtual Items, Virtual Currency, or other in-game resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
(r) promote, encourage, or help others to take part in any prohibited activity described above.
3.2 For more information on the types of content and conduct that are prohibited when using the Services, please read our Community Guideline which are incorporated into these Terms by reference. By using our Services, you also agree to abide by our Community Guidelines.
3.3 In order to protect the physical and mental health of young users who may exist in our Services and avoid being harassed by bad information on the Internet, we may filter some bad information as necessary. In response to complaints from other users or any third parties, or if we, in our sole discretion, believe that any content does not comply with these terms, we may take any measures, including without limitation removing or refusing to display such content.
3.4 If you encounter another user who is violating any of these rules, please contact us at support@seasungames.com.
4 Intellectual Property and Content
You acknowledge that our Services and content provided through Seasun are subject to protection by trademark, copyright and other intellectual property rights. Other than the User Content, all intellectual property rights in our Services and any Content are owned by us or our licensors. We retain all right, title and interest in and to our Services and Content, any modifications and updates thereto. Except as expressly set out here, using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and you acknowledge that you do not acquire any right, title or other ownership rights by downloading content from us. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by applicable law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Further, you shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content of us in any way for any public or commercial purpose without our prior written consent Without prejudice to other remedies that we're entitled to, we reserve the right, with or without notice, at any time and in our sole discretion to suspend and/or terminate the Accounts of any User who infringes or is alleged to infringe any trademarks, copyrights or other intellectual property rights.
5 Virtual Currency and Goods
5.1 Seasun Services may include an opportunity for you to purchase virtual, in-game currency ("Virtual Currency") with real money. Seasun Services may also include the purchase of virtual, in-game digital items ("Virtual Goods") with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Terms and Seasun reserves and retains all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
5.2 Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside Seasun Game(s), you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of your Account with the reserve of Seasun’s rights to continue claiming for compensation.
5.3 Seasun reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that Seasun may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
5.4 When you provide payment information to Seasun or its authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize Seasun to charge such payment method for the full amount of the purchase transaction.
6 Refund
6.1 Unless otherwise agreed by the parties or required by the laws of your country/region,all purchase of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from us at any time. You know and agree that you will waive the right to withdraw before you obtain the virtual goods.Except where the law in your jurisdiction provides a right of withdrawal that cannot be waived by contract, by purchasing and using any Virtual Goods and/or Game Currency, you hereby waive your right to withdraw from your agreement to purchase the applicable Virtual and/or Game Currency, and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Virtual Good and/or Game Currency. Additionally, you hereby agree that any withdrawal right expires immediately upon purchase and delivery of your Virtual Good and/or Game Currency, unless the law in your jurisdiction provides otherwise. This section does not affect your statutory rights.
6.2 WHEN RECHARGING, YOU NEED TO CORRECTLY SELECT THE SERVER AREA YOU ARE IN, AND ENTER THE CORRECT character AND OTHER INFORMATION. IF YOU ENTER THE WRONG INFORMATION, IT MAY CAUSE THE RECHARGE TO FAIL YOU NEED TO PAY SPECIAL ATTENTION TO THE WRONG RECHARGE IN THIS CASE, ALTHOUGH WE CANNOT REFUND, WE WILL PROVIDE ASSISTANCE AS MUCH AS POSSIBLE.
7 Warranty Disclaimers and Limits on Liability
7.1 OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE WILL TRY OUR BEST TO MAINTAIN THE AVALIBILITY AND STABILITY OF OUR SERVICE BUT YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, DUE TO THE NATURE OF THE TECHNOLOGY AND SOFTWARE, WE ARE NOT ABLE TO PROVIDE EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE SHALL BE HOLD HARMLESS FROM OR AGAINST ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF OUR SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR SERVICES UNLESS THERE IS FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE. WE ALSO MAKE NO GUARANTEE THAT OUR SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR SERVICES.
7.2 WE MAKE OR GIVE NO CONDITION, REPRESENTATION, WARRANTY OR GUARANTEEAS TO THE ACCURACY,COMPLETENESS,CURRENCY,CORRECTNESS,RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OR INFORMATION MADE AVAILABLE TO YOU THROUGH OUR SERVICES (THE “CONTENT”) AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED. Our Services may display Content that is not produced or owned by us and is for general information purposes only. This Content is the sole responsibility of the person that makes it available. You should check any Content and exercise your own judgement before acting upon any of the Content. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy; completeness or usefulness of any Content. You agree that your accessing and viewing of such content is at your own risk. In case of doubt, you should seek your own independent advice with respect to any content.
7.3 Please ensure that your device, its operating system, and Game are completely up to date with all available security software, patches and updates.
7.4 If your use of our Services results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
7.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c) LOST SAVINGS,
(d) LOSS OF DATA, OR
(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
7.6 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A GAME OR SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE} THE LOWER OF THE following MONETARY AMOUNT (i) THE FEES, RELATING TO THE GAME OR SERVICES, ACUTALLY PAID BY YOU TO US DURING THE Six (6) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING; AND (II) USD$100.NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, OR ANY OTHER LIABILITY THAT CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
8 Indemnity
You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of this Terms. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 8.
9 DMCA/Copyright Policy
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
10 Third Party Providers
10.1 You acknowledge that certain parts of our Services and certain Content made available through our Services (other than the User Content) are provided or maintained by third parties and not by us, including payment services. By using our Service, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy completeness, availability timeliness, validity, copyright compliance, legality decency quality or any other aspect of any such third party content or services.
10.2 We do not guarantee the quality, reliability or suitability of the content or services provided by any third parties, made available, advertised or linked through us, and we will bear no responsibility for your access to, use of interaction or relationship with the content or services provided by any third parties. You agree that you access, view and interact with all such services and content at your own risk. If you access third party services through us, you must comply with any terms and conditions applicable to those services.
10.3 You agree that, we will not be liable or responsible for any loss or damage of any sort incurred as the result of any correspondence or dealing solely between you and any third party.
11 Disputes Resolution and Governing Laws（Rest of World）
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF these Terms, EXCLUDING CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA.
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
11.1 Governing Law. To the fullest extent permitted by applicable laws and regulations, the validity; interpretation, modification, supplement, termination, execution of these Terms and any dispute or claim resulting from or in connection with these Terms will be governed by and construed in accordance with the laws of Singapore, provided that nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.This Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11.2 Binding Individual Arbitration. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination shall be firstly settled through friendly and amicable negotiation between you and the Company, If the negotiation fails, it will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC rules then In force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
11.3 Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
11.4 Informal Resolution.You agree that in the event of any dispute, Seasun and you shall first attempt to resolve any such dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to support@seasungames.com. In the event that any such dispute cannot be resolved informally, you agree that the dispute, including any question regarding the arbitrability of the dispute, shall be finally and exclusively resolved by binding arbitration in accordance with this Section 11.2 above.
11.5 Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Furthermore, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this clause 11.5 shall be null and void.
12 Dispute Resolution and Governing Laws(United States of America)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA.
Please read this section carefully,It affects your rights, including your right to file a lawsuit in court.
12.1 Governing Law.If you live in the United States of America, you and Seasun each agree that these Terms including but not limited to any Dispute, controversy, difference, or claim arising out of or relating to these Terms or Seasun Services, including the existence, validity, interpretation, performance, breach or termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to these Terms or Seasun Services shall be governed by and construed under the laws of the United States of America, excluding its conflict of law principles.
12.2 Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting these Terms, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you and Seasun will be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).
12.3 You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.
12.4 For the purposes of these Terms, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and Seasun regarding any aspect of your relationship with Seasun, including those arising out of these Terms or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
12.5 Binding Individual Arbitration. If you live in the United States of America, you and Seasun agree that, except as provided in section12.14 below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and Seasun further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting this Agreement, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.
12.6 The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of your residence. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.
12.7 You or Seasun may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).
12.8 Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
12.9 Informal Resolution. You agree that in the event of any Dispute,Seasun and you shall first attempt to resolve any such Dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal Dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the Dispute, and set for the relief sought.
12.10 In the event that any such Dispute cannot be resolved informally, you agree that the Dispute, including any question regarding the arbitrability of the Dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (a) of Section 12.6 above.
12.11 Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both Seasun and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. Notwithstanding any other provision of this Agreement, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 12 shall be null and void.
12.12 Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Agreement.
12.13 Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and Seasun may opt out of the arbitration procedures described above. If you do so, neither you nor Seasun can force the other to arbitrate.
12.14 You or Seasun may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE SEASUN WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your in-game username and the email address you used to set up your in-game account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with Seasun through arbitration. You must mail your opt-out notice to 6 RAFFLES QUAY #14-06 SINGAPORE (048580), If you do not provide Seasun with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to this Agreement, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
12.15 Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the Seasun Services, and/or your relationship with Seasun.
13 Force Majeure
13.1 Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses, acts of God, the change of political relationships between the countries, change of regulations in connection with games in your country of residency. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period, we may terminate access to the applicable Games, Virtual Items or Services with prior notice to you.
14 Updates
14.1 You agree that any and all aspect of our Services may automatically download and install updates, upgrades, and additional features that we deem reasonable, beneficial to you and/or reasonably necessary. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
15 Suspension and Termination
15.1 Acting reasonably, we may suspend, restrict or terminate your access to the Games, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:
(a) you breach of any of the restrictions or provisions in these Terms;
(b) for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or
(c) the owner of the applicable third party platform operator terminates your account which connecting with our Services;
(d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this Terms in our sole discretion；
We will always do our best to give you an initial warning rather than moving straight to terminate, or suspend your access to our Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may then move to terminating our contract with you under these Terms and your licence to access our Games, Virtual Items and/or any other part of them. Under such circumstances we will notify you in writing by email, push notification, customer service section or within the app, official website, or other part of the Services as appropriate. You can also request to delete/permanently terminate your Game Account by contacting us at support@seasungames.com to terminate our relationship.
15.2 You understand and agree that upon termination the rights and the licence granted herein will terminate and you may not be able to access the applicable Games, Virtual Items and/or any other part of the Services through your Account.
15.3 You understand and agree that upon your request to terminate your Account or our final decision to terminate your Account (our decision to permanently withdraw a Service from the market shall be excluded), you will not receive any compensation or reimbursement for any Virtual Items for any reason, whether such termination was voluntary or involuntary, unless otherwise required by applicable law or policy in your country of residency.
15.4 WE MAY DECIDE TO DISCONTINUE OFFERING ANY SERVICE OR CONTENT PERMENANTLY IN OUR SOLE DISCRETION. Prior to stopping the availability of any of our Games and/or Services, we will use our reasonable efforts to notify before such Games and Services become unavailable. Notification may be via our websites, push notification, alert, email or other messages. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of Services unless required by APPLICABLE lawS.
16 MISCELLANEOUS
16.1 These Terms are the entire agreement between you and us in relation to your use of the services and supersede all prior agreements between us in relation to your use of the services.
16.2 The failure of either you or us to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only If in writing and signed by the relevant party.
16.3 Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will survive such termination or expiration.
16.4 If any provision of these Terms is held by a court to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, it shall be deemed deleted without affecting the validity and enforceability of the remaining provisions of these Terms. If the invalid, illegal or unenforceable provision cannot be deleted without altering the essence of these Terms, we may amend these Terms to remedy such invalidity, illegality or unenforceability to the extent needed to achieve the intent of the original provision.
16.5 We welcome feedback, comments and suggestions for improvements to our Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
16.6 Each party shall pay its own costs incurred in connection with the performance of any of its obligations under these Terms, save to the extent that is expressly provided otherwise in these Terms.
16.7 No provision in these Terms is intended to or creates a partnership between the parties or establishes a party as the agent of another party for any purpose. A party has no authority to act for, bind, contract In the name of or create a liability for the other party by any means or for any purpose.
16.8 Each party shall, and shall use all reasonable endeavors to procure that any necessary third party shall, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.
16.9 Notwithstanding any other provision in these Terms:
(a) you shall not without our prior written consent, assign, transfer, novate, part with, outsource, subcontract or delegate any of your rights, responsibilities and/or obligations under these Terms (in whole or in part); and
(b) we may assign, transfer, novate, part with or subcontract any of our rights, responsibilities and/or obligations under these Terms (in whole or in part) to any other member of the Company without your prior consent
16.10 A person who is not a party to these Terms has no right to enforce any terms of these Terms.
16.11 These Terms are drafted in the English language. If these Terms are translated into any language other than English, the English version shall prevail to the extent of any inconsistency unless otherwise required under applicable laws and regulations.
17 Changes to these Terms
We may change these Terms from time to time, for example to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Services or otherwise. Usually, we will release the updated Terms on this official notice page or our in-game notice board, and you agree to check these Terms regularly when using any of our Services. Your continued use of our Services from the effective date we stipulated in the updated version will be deemed your acceptance of the amended Terms, unless the updates will materially influence your rights and benefits, in which case we shall notify you in advance before it takes effect. If you do not agree with the updated Terms, PLEASE DO NOT ACCESS, PURCHASE, OR USE OUR SERVICES after the change takes effect.
18 CONTACT INFORMATION
If you have any complaints, suggestions or other questions on these Terms, please contact us via in-app access for feedback or complaints or through email at support@seasungames.com. We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.
【Appendix A】
SEASUN gAMes COMMUNITY GUIDELINES
We want our Games to be a safe and fun place for you to play games or hang with your friends. We need your help to keep it that way.
The Terms of Service and other agreements contain rules that apply to your use of our Services, so some of these rules may look familiar. But we offers so many ways to interact with others through its games, services, and environments that more explanation of our community standards is helpful.
Our Community Guidelines apply to all users of Seasun games, services, and environments. These standards are a guide on how you should interact when inside the Seasun Games’ ecosystem. We included some specific examples below, but just because something isn’t specifically called out below doesn’t mean it’s OK.
Following the rules is not super hard. If you violate these rules, however, it can result in action against your account all the way up to a permanent ban.
1 Community Rules
(1) Personal Information
You’re never allowed to share other people’s personal information other than display names, and we strongly encourage you not to share yours. Sharing or threatening to share someone’s alternate account names, real-world location, real name, etc. is not allowed.
(2) Intolerance and Discrimination
Seasun does not tolerate any form of hate or discrimination.
The Seasun Games’ ecosystem welcomes diversity in race, ethnicity, color, religion, gender identity, sexual orientation, ability, national origin, and other groups. Don’t demean, marginalize, use hateful language against, or belittle other users or groups.
(3) Bullying and Harassment
Respect other people - when chatting, playing or creating. Interacting with others in a way that is predatory, threatening, intimidating, lewd, demeaning, derogatory, invasive of privacy, or abusive is against the rules.
Trying to make someone else feel worse so you feel better doesn’t work - It is much easier, and more fun, to enjoy the experience together!
(4) Impersonation
Don’t impersonate other players, streamers, celebrities, government officials, employees, or anyone else. And don’t take credit for another player or entity’s creation. Pretending to be someone else in order to deceive or defraud others is not okay.
(5) Cheating and Trolling
Play fairly and within the rules of the game. Don’t cheat, grief, team, or exploit bugs and glitches. Don’t promote or advertise known cheats, bugs, or exploits.
(6) Dangerous or Illegal Activities
Don’t participate in or encourage illegal or dangerous activities within the community, including gambling, illegal drug use, phishing, human trafficking, prostitution, doxing, swatting, or sharing content that glorifies or incites violence. Threats of harm to yourself or others are taken seriously—don’t make them, especially as a joke. If you see something that puts other players at risk, please contact us.
(7) Scams and Deceptive Practices
Do not take advantage of fellow players. Scams or deceptive practices are prohibited, including seeking account information, and buying or selling accounts or personal information.
(8) Inappropriate Content
Content, communications, and activity in the Seasun Games’ ecosystem shouldn’t keep others from having positive experiences. All content must follow the Content Guidelines.
(9) Consequences
The type of action we’ll take for a particular violation of these rules is determined on a case-by-case basis. We’ll look at severity, whether you’re a repeat offender, and other factors. Action taken can be anything from a warning for less severe offenses, all the way up to a permanent account ban.
If your account is permanently banned, you may lose all rights to games, virtual items, account balances, or other items that you may have earned or purchased. If you have multiple accounts, we may take action against all of your accounts.
(10) Player Reporting
We are all a part of this community, and it is up to us to keep it friendly, fun, and free of negativity.
If you encounter a player not respecting the Community Guidelines and other players, you can contact us.. We will take action against players we observe not following the Community Guidelines and escalate based upon the offense.
(11) Safety and Security
Keep account information safe and private. Giving access to your account puts you at risk. Do not share your account information or the account information of others.
When it comes to safety within the Seasun Games’ ecosystem and staying secure we believe in providing you all the tools necessary. You can find a full set of all the things you can do to better protect yourself.
Thank you for being a part of the Seasun Games’ community and doing your part to maintain a safe and fun space for everyone.
APPENDIX B
【FOR EU/UK ONLY】
We are obligated as merchants to inform you of the EU/UK right of withdrawal in very specific legal terms, which you can find below. If these should in any way differ from our more informal wording, the below terms shall prevail towards any EU/UK consumer.
Right of withdrawal
As a user domiciled in a European Union member country or the United Kingdom of Great Britain and Northern Ireland,where you have purchased such Virtual Goods and/or Game Currency other than directly from us, the details of your right to withdrawal will be set out in the applicable third-party terms. However, where you purchase such Virtual Goods and/or Game Currency directly from us the following will apply:
For any digital content purchased online, you have agreed upon checkout that the withdrawal period will expire 14 days after you purchase such digital content or when you start downloading the content for the first time, whichever is sooner. For hardware, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
Effects of withdrawal
If you exercise your right of withdrawal, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Exceptions from the right of withdrawal:
The statutory right of withdrawal is not applicable as regards the following:
service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
the supply of goods made to the consumer’s specifications or clearly personalized;
the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM IF THE PERFORMANCE HAS BEGUN WITH THE CONSUMER’S PRIOR EXPRESS CONSENT AND HIS ACKNOWLEDGMENT THAT HE THEREBY LOSES HIS RIGHT OF WITHDRAWAL.
【FOR KOREA ONLY】
Korean players who purchased game paid content can apply for a refund within 7 days from the date of purchase and the date when the paid content is available, whichever is later, without the burden of additional handling fees, liquidated damages, etc.
Exception: The player shall not withdraw the offer stipulated in the preceding paragraph in the following cases. However, in a purchase contract consisting of severable paid content, the unconsumed severable portion does not fall under the following circumstances:
1. Pay-as-you-go premium content
2. Contents obtained by using the bonus offer when the bonus offer is active
3. Paid content obtained by random drawing or content that takes effect immediately after the drawing is obtained