GENERAL TERMS & CONDITIONS
Updated on 20 October, 2015
THE FOLLOWING TERMS OF CONTRACT (“AGREEMENT”) APPLY TO THE USE OF SMART EGG APP SERVICES BY YOU, THEREFORE, IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS OF CONTRACT.
BY CLICKING THE BUTTON “I ACCEPT”, YOU ENTER INTO THE PRESENT AGREEMENT AND ACCEPT THAT THE PRESENT AGREEMENT IS APPLICABLE IF YOU DECIDE TO GAIN ACCESS TO OR USE THE SMART EGG APP SERVICES.
IF YOU ARE NOT OF LEGAL AGE, YOU ARE REQUESTED TO READ THE PRESENT AGREEMENT TOGETHER WITH ONE OF YOUR PARENTS OR YOUR STATUTORY REPRESENTATIVE OR GUARDIAN IN ORDER FOR BOTH YOU AND YOUR PARENT, STATUTORY REPRESENTATIVE OR GUARDIAN UNDERSTAND IT FOR CERTAIN.
CHOICE OF LAW AND STIPULATION OF JURISDICTION:
For the case when a legal dispute may arise later in connection with the Services between you as User and Smart Egg Production & Licensing Ltd. as Service Provider, you shall fully accept our following stipulations:
In the event of a legal dispute that may arise in the future, for the determination of such legal dispute, the Parties stipulate the laws of Hong Kong as the law applicable by the court, while the courts operating in the territory of Hong Kong as proceeding courts with jurisdiction, depending on the competence and jurisdiction defined by the laws of Hong Kong.
The Smart Egg App Services (the “Services”) shall be provided by Smart Egg Production & Licensing Ltd. (“Service Provider”). The Services allow you to game, including you being displayed on the score display (scoreboard), participating in multi-player games and being able to follow the attained scores. In addition, you may use our other services (Forum, blog, game score lists, you can mark and invite friends, can follow their scores, can see their profiles, can upload pictures and an avatar for yourself, and can chat and post on the forum).
It is conceivable that the Services are not accessible everywhere. The use of the Services requires compatible devices, Internet access and certain software (which may be subject to a fee); furthermore, updates may also become necessary from time to time; these may affect the use of the Services.
You shall provide accurate and full details during your registration for the Services and the use thereof, and you agree to update the registration data to ensure that they be always accurate and complete. You agree that the Service Provider stores and uses the registration details for the maintenance of the Account. You may only create an Account for yourself unless the creation thereof is authorised by the given person.
The Service Provider reserves the right to amend the rules of use at any time.
You may only use the Services for personal and not business purposes.
You declare that you will refrain from the following acts and from attempting them or providing any third party assistance thereto: infringement, circumvention, reverse engineering, reverse compiling or disassembly of the Services or any other tampering with the Services.
You declare that you DO NOT use the Services for any of the following purposes:
a) uploading, downloading, displaying, forwarding by e-mail, transmitting, storing or displaying in any other way (mediating to the public) contents that are unlawful or violent, inspire fear, are harmful, malicious, libellous, offending, abusive, rude, obscene or vulgar, infringe the privacy rights of others, are full of hatred, offending on grounds of race or ethnicity or objectionable in any other respect;
b) tracking, harassing or intimidating others or causing any injury;
c) if you are an adult, you may not request personal or other information from minors (persons who have not yet turned 18 years of age or the age over which someone qualifies as being of legal age under local law) whom you do not know personally, including but not limited to the following information: full name or family name, residential address, postcode, telephone number, photograph, e-mail address, or the name of the minor’s school, church, sports club or friends;
d) you may not conceal your real identity as a person, organisation or business: you may not pretend to be another person (including celebrities), organisation, business or someone concerned in the provision of the Services, as the employee of the Service Provider or as a civilian or state leader, and may not falsely state any relationship with a person, organisation or business in any other way (the Service Provider reserves the right to reject or block any nickname that may appear not to be identical with you [does not cover your identity] or may appear to misuse another person’s name or identity);
e) copyright infringement or the infringement of other rights attached to intellectual property, or the disclosure or making public of trade secrets or other confidential information by breaching a non-disclosure contract, an employment contract or a contract for the confidential treatment of other details;
f) display, sending, forwarding or making accessible in any other way of electronic mail, advertisements, promotional materials, spams or chain messages, including bulk commercial advertisements or promotional information, be it unsolicited or sent without consent/authorisation;
g) forgery of the address (header) of the TCP-IP package or the address details of an e-mail or news group or any part thereof, or inserting information in the header in any other way in order to mislead the addressees of the contents forwarded through the Services about the origin thereof (“spoofing” or forgery or concealment of the sender);
h) uploading, display, forwarding, storage or making accessible in any other way of any material or content containing a virus or a computer code, file or program aimed at harming the Services (or any part thereof) or any other computer software or hardware or at interfering or limiting the normal operation thereof;
i) interference with, or interruption of, the Services or any server or network connected to the Services, any rules, or the rules and regulations applicable to the network connected to the Services (including the unauthorised familiarisation, use or monitoring of the data and traffic forwarded thereon);
j) planning of, or engagement in, an unlawful conduct; and/or acquisition and storage of personal data relating to other users of the Services in connection with any of the above instances of unlawful conduct;
k. fraud or other modification (influencing) of the Services or the gaming experience for ensuring that one of the gamers steal a march on another.
Certain contents and services available within the Services may contain materials made available by third parties. You acknowledge and accept that the Service Provider shall not be responsible for examining and evaluating the contents of the materials or websites made available by such third parties, the reliability thereof, or for any other contents made accessible by third parties, the products or services of third parties and the checking thereof; the Service Provider does not assume any liability or warranty therefor. You shall refrain from using contents made available by third parties in such a way that may infringe the rights of any other person; the Service Provider shall have no liability for such use by you.
You acknowledge that during the use of the Services, you may also find contents (materials) that you deem offending, indecent, objectionable or undesirable, and that may qualify as outspoken content even without being specifically marked as such. At the same time, you accept that you only use the Services at your own responsibility, and no responsibility shall lie with the Service Provider towards you for contents that you find offending , indecent or objectionable.
The Service Provider shall be entitled to remove materials or contents violating its principles of moderation from the Smart Egg App Center.
You acknowledge that every element of the Services, including, in particular, the game software, contains protected information and materials, the copyright holders of which are the Service Provider and/or its licensors and which are protected by the applicable laws protecting intellectual property or other laws. You accept that you may not use such protected information or materials in any way other than during the use of the Services in accordance with the present Agreement. It shall be prohibited to reproduce any part of the Services in any form, manner or by any means unless it is expressly permitted under the present terms and conditions. You acknowledge that you may not modify, lease, lend, sell, distribute, mediate to the public or make any derivative work based on the Services.
Notwithstanding any other provision of the present Agreement, the Service Provider and its licensors reserve the right to alter, suspend, remove or terminate the access to any product, content or other material forming part of the Services or the products or contents themselves at any time, without giving notice.
Under the present Agreement, the Service Provider shall, in no case, be liable for the above changes. Furthermore, the Service Provider shall be entitled to limit the use of, or access to, certain functions or parts of the Services at any time, without giving notice and without any liability whatsoever.
All copyrights associated with the Services (rights attached to intellectual property) and the related software shall be held/owned by the Service Provider and/or its licensors, which reserve all rights and entitlements in connection with the foregoing.
IT IS STRICTLY PROHIBITED TO USE ANY PART OF THE SOFTWARE OR THE SERVICES IN VIOLATION OF THE PRESENT AGREEMENT. SUCH AN ACT INFRINGES THE RIGHTS OF OTHERS ATTACHED TO INTELLECTUAL PROPERTY, WHICH MAY ENTAIL CIVIL LAW AND/OR CRIMINAL LAW CONSEQUENCES (INCLUDING LIABILITY FOR DAMAGES).
If you have violated any provision of the present Agreement or the Service Provider may assume on serious grounds that you have not complied therewith, the Service Provider shall be entitled, at its own discretion, without giving notice to you, to:
(i) terminate the present Agreement and/or terminate your Account; and/or
(ii) terminate your right (licence) to use the Services; and/or
(iii) prevent you from gaining access to the Services (or any part thereof).
The Service Provider reserves the right to modify, suspend or terminate the Services (or any part or content element thereof) at any time, without being liable in any way for exercising its above right towards either you or any third party. If possible, the Service Provider shall notify you of the modification, suspension or termination of the Services in advance.
The Service Provider shall take reasonable measures to ensure the protection of the information and materials provided by you in respect of the Services, including the prevention of unfair use.
The Service Provider shall provide/operate the Services with the care and expertise that may be reasonably expected. The Service Provider shall only fulfil its implied warranty obligations defined in the relevant legal rules; at the same time, it shall not assume liability for:
(i) the uninterrupted and error-free use of the Services by you. You acknowledge that the Service Provider may remove the Services or may suspend or terminate the operation of the Services for technical or operational reasons at any time, from time to time, for an indefinite period, of which it shall inform you if practicable;
(ii) the freedom of the Services from any loss, breakdown, attack, virus, intervention, interference, hacking or other harmful intervention affecting security; such events are deemed events of Force Majeure, for which no liability shall lie with the Service Provider.
The Service Provider reserves the right to amend the present Agreement at any time and to establish new or additional terms and conditions for the use of the Services (by you). Such amendments, additional terms and conditions and rules shall take effect and shall become parts of the present Agreement immediately. If you also use the Services after the amendment, you shall be deemed to have accepted the amendment.
Issues not regulated in the present Agreement shall be governed by the laws of Hong Kong.