Terms of Service

“Tower of Saviors 神魔之塔 ” Mobile Game Application – Terms of Service

Welcome to Tower of Saviors 神魔之塔mobile game application (“App”). The following terms and conditions (including links and policies, hereinafter referred to as “these Terms and Conditions”) apply to all visitors and users who use the App and/or use any services provided on, from or through the App and/or the website https://en.towerofsaviors.com/ (and/or its forwarding website) (the services hereinafter referred to “Madhead Service” and such website hereinafter referred to as “Website”). By accessing and/or using the Madhead Service and the Website, you agree to be bound by these Terms and Conditions.

Madhead Service and Website

1.1 The App can only be accessed by downloading on mobile devices with compatible operating systems, for details please check the system requirements as specified on the App or the Website.

1.2 Using the App may result in mobile data charges. Please contact your mobile data service provider for more information.

1.3 The App, the Website and webpages owned or controlled by us from time to time are set up to provide you with information relating to the Madhead Service and for your convenience only.

1.4 Our authorization for you to access and use the Madhead Service and the Content is conditional upon your strict compliance with each of these Terms and Conditions.

Our rights and responsibilities

2.1 “We” and “us” mean Mad Head Limited and/or its affiliates in relation to the provision of the Madhead Service under these Terms and Conditions.

We may:

a) change, modify, suspend, add or remove any functionalities or features (including, without limitation, adjusting the game rules, removing items, values of skill of character, interactive maps, effectiveness of items, criteria of quests and control of the Madhead Service), or add or create new limits to the Madhead Service at any time, and we may suspend or stop the Madhead Service altogether;
b) deactivate the Madhead Service at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
c) limit or suspend your access to the Madhead Service without notice where we are of the opinion that such action is appropriate as a result of your use of the Madhead Service or where you breach any of these Terms and Conditions; and
d) expand, reduce, remove, withdraw and/or modify any part of the Madhead Service and/or any Content (meaning any content made available or appearing in the Madhead Service including but not limited to any data, information, images, graphics, video and/or audio content, applications, downloadable files or other multimedia content that can be accessed through or on the Madhead Service) which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable.
Your Account

3.1 You have to be a natural person, of the age of majority according to the laws of your country of residence and not prohibited by us from using our services. Subject to the laws of your country of residence, if you are a minor over 13 of age, you may also register for the Madhead Service provided that you are permitted by law to enter into a binding contract and your parent or legal guardian has reviewed and agrees to these Terms and Conditions.

3.2 You are required to register, or previously registered, for a Madhead Account in order to access the functionality of some of the Madhead Service. We can refuse registration of, or cancel, any account at our sole discretion at any time without reason, notice or liability.

3.3 Your Madhead Account can be accessed through your Facebook Account. Using your Facebook account, you may access and participate in the Madhead Service, including viewing, posting and responding to communications on and through the Madhead Service.

3.4 You shall take all practical steps to maintain the confidentiality of your login details of your Madhead Account (“Credentials”), and shall not share the Credentials with anyone. You are fully and solely responsible for the use of your Credentials and Madhead Account, whether or not authorized by you. If you are aware of or have reasonably suspected any loss, theft or unauthorized use of your Credentials, you shall immediately notify Madhead and, if applicable, the approved third-party service of which your Madhead Account is connected to.

Your responsibilities

4.1 You:

(a) are only authorized to use the Madhead Service and access the Content for your own personal and non-commercial use in accordance with these Terms and Conditions;

(b) will abide by all relevant applicable laws and any operating and/or usage rules;

(d) in some cases you may contribute content to the Madhead Service:

(i) Where you contribute any content to the Madhead Service, you will only contribute content which does not infringe or violate someone else’s rights (including intellectual property rights) or otherwise violates the law.

(ii) Any content that you contribute must not be obscene or defamatory.

(iii) For any content that you contribute, you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use such content.

(iv) You acknowledge that we have the sole discretion to remove any of the content you have contributed to the Madhead Service should we find it in violation or in conflict with any of these Terms and Conditions.

You agree not to:

(a) use your Madhead Account to engage in any commercial uses;

(b) copy, modify, distribute, sell, or lease any part of Madhead Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless those restrictions are prohibited by law;

(c) restrict or inhibit any other persons from using the Madhead Service, including, without limitation, by means of “hacking” or defacing any portion of the Madhead Service and/or the Website;

(d) use/exploit plug-ins, cheat programs, automated control software (bots), hacker programs, game mods, any in-game bugs, and other unauthorized computer programs designed to change the Madhead Service or to make the functionality of the Madhead Service available to multiple users;

(e) interfere with or disrupt the Madhead Service or servers or networks connected to the Madhead Service; and

(f) sell or transfer your Madhead Account to any third party without our prior written approval, and such any assignment by you will be null and void.

Acknowledgement

You acknowledge that:

(a) the information on the App and the Website is provided to you on an “As Is” and “As Available” basis, without warranty or condition, either express or implied by statute or common law, including without limitation any implied warranties or conditions of accuracy, fitness for a particular purpose, non-infringement, uninterrupted use, reliability, security, timeliness or freedom from computer virus in relation to such contents. We will not be liable for any errors in, omissions from, misstatements or misrepresentations (whether express or implied) concerning any such information;

(b) the App and/or the Website may contain materials contributed by third parties and link to external website. We expressly declare that we have not approved or endorsed those materials or links. Such external websites are not within our control and may not follow the same privacy, security, or accessibility standards as ours. The provision of any such materials or links shall not constitute any form of co-operation or affiliation with us of any such third parties or external websites nor gives rise to any representation, statement or warranty, express or implied, that we agree or do not disagree with the contents of any such materials or external websites. Your correspondence or dealings with, or participation in promotions of, third party advertisers on the Madhead Service and/or the Website are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links and advertisement on the Madhead Service and/or the Website;

(c) we may automatically download and install updates, upgrades and additional features that we may from time to time release via our mobile applications distributors. We are not bound to support the previous version(s) upon the availability of the update, upgrade or additional features. Nor we will make available the previous version(s) to download for whatsoever reasons even if your device does not support the Madhead Service as a result of any updates, upgrade or additional feature;

(d) we shall not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the information delivered on the App and/or Website or inability to use any of the Madhead Service or the contents of any materials contributed by third parties or external websites delivered on or via the App and/or the Website or inability to use any of them;

(e) we make no representation, promise, warranty, undertaking or guarantee as to the quality, resolution, completeness, accuracy, usefulness, continuity, smoothness or timeliness of the Madhead Service, the App and the Website;

(f) your use of different web pages or websites linked to the Madhead Service may be governed by additional or different terms and conditions. Where this is the case, those additional terms and conditions will apply to your use of such web page or website in addition to these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency;

(g) you may access someone else’s Facebook posts via specific features. For the avoidance of doubt, “Facebook”, the “Like” button, the “Share” button, and the “f” service mark are registered trademarks and service marks owned by Facebook;

(h) we shall not have liability arising out of any third-party posts and/or opinions on Facebook accessed through the Madhead Service, nor shall Madhead endorse the contents of such third-party posts on Facebook.

(i) we own the intellectual property and copyrighted work of the Madhead Service and all of the Website as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the Madhead Service, and the combination of all the elements on the Madhead Service. All rights not expressly granted with respect to above are hereby reserved;

(j) nothing you do on or in relation to the Madhead Service and/or the Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;

(k) unless explicitly stated otherwise, any new features that augment or enhance the Madhead Service shall be subject to these Terms and Conditions; and

(l) we may at any time employ and/or install Software in any computer and/or mobile device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the Madhead Service in any way or through any media.

Virtual Money and Virtual Goods

6.1 The App permits the purchase of virtual currency (including without limitation the diamonds, character cards and tokens, collectively, “Virtual Money”) and use of that Virtual Money to access certain services, features, functions and other virtual contents available for use in the App (collectively, “Virtual Goods”).

6.2 The purchase of Virtual Money and Virtual Goods is limited to Madhead Account holders who are either the age of majority or minors but have the consent of their patents/legal guardians to make the purchase.

6.3 Virtual Money is a category of Content, so the purchase of Virtual Money grants you only a limited, non-transferrable and non-sublicensable license to use such Virtual Money to access and purchase Virtual Goods. You acknowledge and agree that:

(a) you do not acquire any ownership rights or property rights in or to the Virtual Money, Virtual Goods or other virtual Content;

(b) Virtual Money and Virtual Goods have no monetary value and do not constitute actual currency or property of any type;

(c) Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods or “real” services from us or anyone else;

(d) you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized;

(e) you may not trade or transfer the Virtual Money or Virtual Goods to another individual or account;

(f) we may cancel any Virtual Money or Virtual Goods sold, transferred or exchanged in violation of these Terms and Conditions, and may terminate any such Madhead Accounts in violation;

(g) we may, from time to time, change the pricing, availability, features and specifications of Virtual Money and Virtual Goods without notice;

(h) all purchases of Virtual Money and Virtual Goods are non-returnable and non-refundable; and

(i) we may, from time to time, and at our sole discretion, provide opportunities for users to acquire certain Virtual Content free of charge, at reduced rates, or with bonus contents.

Software Licence

7.1 You may from time to time be requested to download software, applications and/or Content from the Madhead Service (“Software”) and we hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software on your computer and/or such mobile devices specified by us in accordance with these Terms and Conditions and any software licence which accompanies the Software (but not further or otherwise).

7.2 You agree to download and install the Software in the personal computer and/or such mobile devices specified by us, to be used by you for accessing and/or installing the Madhead Service. You are prohibited from sub-licensing, transferring, renting, leasing or otherwise distributing the Software or rights to use the Software.

7.3 You acknowledge that we may refuse to provide the Madhead Service to you in the event you fail to successfully download and install the Software.

Personal Data and Information

8.1 We collect, process, disclose, retain or use your Personal Data in accordance with the Madhead Privacy Policy Statement which is published on the Website and/or the App.

8.2 If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide you the Madhead Service and/or any Content to you.

8.3 If you login, register and/or tie-up your Madhead Account with your Facebook account, we will manage your Madhead Account by extracting from your Facebook account certain personal information that your privacy settings permit us to access. Your name, username, gender, age, networks, language and geographic location under your Public Profile of your Facebook account which will also be collected and used by us in accordance with these Terms and Conditions and the Madhead Privacy Policy Statement.

8.4 You shall provide us with the information relating to you or your use of the Madhead Service we reasonably require:

(a) to help us in complying with the applicable law and to report to any government or regulatory agency regarding such compliance; and

(b) to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under these Terms and Conditions.

8.5 We may use third-party advertising companies to track and/or measure advertising effectiveness on the Madhead Service, Website and other websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the Madhead Service, Website and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.

8.6 We may collect and use your Personal Data and contents disclosed by you to any external websites including, without limitation, your information under your Public Profile on Facebook (if you access the Madhead Service through your Facebook account) so as to provide you with the Madhead Service and advertisements about goods and services of interest to you.

8.7 You agree that we may collect, use, store and share your game play data and other data including without limitation your access data, usage, device, operating system, Internet connectivity, data usage and geographic location with third party for the purposes of providing product support, development and improvement.

Indemnity

9.1 You agree to indemnify us, our employees, content providers, sub-contractors, licensors and agents against and from any third-party claims, liabilities, losses, injuries, damages, costs or expenses incurred by us which arise out of:

(a) your use or use by someone else of the Madhead Service, associated contents, Website and/or associated software through your personal computer, mobile devices and/or registered account; or

(b) your violation of or non-compliance with any provision of these Terms and Conditions.

9.2 Clause 9.1 shall survive upon and after the termination of contract in relation to the Madhead Service and/or any associated contents.

Exemption, Limitation and Our Liability

10.1 The following provisions set out the entire financial liability of Madhead and its licensors (including any liability for the acts or omissions of its employees) to you in respect of (a) any breach of these Terms and Conditions; and (b) any representation, statement or tortious act or omission, including negligence arising under or in connection with these Terms and Conditions.

10.2 ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

10.3 TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OR MISUSE OF, OR INABILITY TO ACCESS OR USE, OR RELIANCE ON THE MADHEAD SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MADHEAD SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER OR NOT BASED ON WARRANTY, CONDITION, CONTRACT, TORT (INCLUDING NEGLIGENCE), MISTATEMENT, MISREPRESENTATION OR OTHERWISE, (EVEN IF MADHEAD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS EXEMPTION SHALL ALSO APPLY WITHOUT LIMITATION TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, LOSS OF PROFITS, OR LOSS OF DATA. SUCH EXEMPTION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MADHEAD SERVICE OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO MADHEAD.

10.4 WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.

10.5 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence.

10.6 Our total liability in contract, tort (including negligence) misrepresentation or otherwise shall not exceed One Hundred US Dollars (USD100).

Termination

11.1 We may cease providing the Madhead Service and/or any Content to you at any time at our sole discretion without reason, notice or liability. In the following circumstances, we may suspend or end your access to the Madhead Service or cancel your Madhead Account immediately without notice:

(a) your Madhead Account is inactive for one year or longer;

(b) you fail to comply with these Terms and Conditions;

(d) we suspect any other unlawful activity associated with your Madhead Account; or

(f) we are acting to protect the Madhead Service, our systems, the App, any of our users or our reputation.

11.2 After cancellation or termination of your account for any reason, you will no longer have access to your account. You will not receive money or other compensation for unused Virtual Money or Virtual Goods when a Madhead Account is closed. All information, and content in your account or that you have stored on the Madhead Service may be, but is not required to be, deleted by us. We will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.

11.3 If you are a member of a private community (‘Guild’, ‘Inn’, whatsoever termed) and that private community is cancelled or terminated, content posted to that private community will no longer be available to you. Such content may be, but is not required to be, deleted by us. We will have no liability for information or content that is deleted due to the cancellation or termination of a private community.

11.4 Upon termination of your access to the Madhead Service, all licences, rights and privileges granted to you under these Terms and Conditions will cease with immediate effect. Such termination shall not prejudice the aggregate rights or liabilities of both parties, nor prevent any express or implied terms under these Terms and Conditions to come into force or remain in force on or after such termination.

Change to these Terms and Conditions

11.1 We reserve the right to update these Terms and Conditions without reason, notice or liability in order to reflect the change of law and the Madhead Service from time to time available to you. If you do not agree to these revised Terms and Conditions, do not continue the use of the Madhead Service.

12.2 Any updated versions of these Terms and Conditions (“New Terms”) shall supersede and replace these Terms and Conditions, and these Terms and Conditions will terminate immediately upon coming into force of the New Terms.

General

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong, and you agree to submit to the personal and exclusive jurisdiction of the Hong Kong Courts.

13.2 If any provision or part of the provision of these Terms and Conditions was found by a Court of competent jurisdiction to be illegal or unenforceable under applicable law, it or part of it shall be severed, and the remainder of the provision shall be amended so as to give effect to the original term as far as possible. All other provisions of these Terms and Conditions shall continue in full force and effect.

13.3 Unless otherwise expressly stated nothing in these Terms and Conditions will create rights pursuant to the Contracts (Right of Third Parties) Ordinance (Cap.623) in favour of anyone other than the parties to contract.

13.4 You agree that you will comply with all Hong Kong laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located. Users who use the Madhead Service and/or the Website outside of Hong Kong remain obligated to comply with all applicable local laws in any circumstances.

13.5 The Madhead Service and the Website are hosted in different territories including without limitation Hong Kong, Singapore and Japan. You acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) to the above territories and agree that our collection, use, storage and sharing of your information is exclusively subject to the laws of Hong Kong, not of the jurisdiction in which you are located.

13.6 These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms and Conditions).

12.7 Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Madhead.

12.8 In the case of conflict between this English version and the Chinese version of these Terms and Conditions, this English version shall be authoritative.

Last updated: December 2018