User Agreement
This User Agreement (the "Agreement") is a legal agreement between you (the "User" or "you") and Lush Tree Entertainment Technology Co., LTD. (hereinafter referred to as "we," "us," or "our") governing your use of our mobile casual games and related services. By accessing or using our games and services, you agree to the terms of this Agreement. If you do not agree with any of the terms, please do not use our games and services.
IMPORTANT: CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CONSULT A PROFESSIONAL ATTORNEY FOR FURTHER CLARIFICATION.
Account Registration
1.1 Age Restriction: By creating an account and using our services, you represent and warrant that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are a minor, you must have parental or legal guardian consent to use our services.
1.2 Account Information: You are responsible for providing accurate and complete information when creating an account. You must keep your account credentials confidential and notify us immediately of any unauthorized access to your account.
User Content
2.1 User-generated Content: Our games may allow you to create, upload, or share user-generated content (e.g., game avatars, characters, posts, etc.). By submitting user-generated content, you grant us a non-exclusive, worldwide, royalty-free, and transferable license to use, modify, reproduce, display, and distribute such content for the purpose of operating and promoting our games and services.
2.2 Prohibited Content: You agree not to submit or engage in any activity that violates applicable laws, infringes upon intellectual property rights, or contains defamatory, abusive, obscene, or offensive content. We reserve the right to remove or disable any content that violates our policies.
Intellectual Property
3.1 Ownership: Our games and services, including all associated software, graphics, designs, and other content, are the exclusive property of Lush Tree Entertainment Technology Co., LTD. You acknowledge that we retain all rights, title, and interest in our intellectual property.
3.2 Limited License: Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and use our games and services for personal and non-commercial purposes.
Governing Law and Dispute Resolution
4.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its principles of conflict of laws.
4.2 Arbitration: Any dispute arising out of or related to this Agreement shall be referred to and finally resolved by arbitration under the rules of the Hong Kong International Arbitration Centre (HKIAC). The language of the arbitration shall be English, and the arbitration proceedings shall be held in Hong Kong.
Game Recharge and Virtual Items Purchase and Use
5.1 Recharge Services: Our Services may include the option to purchase in-game virtual currency or other virtual items ("Virtual Items") for real money. Any associated payment transactions will be securely processed through third-party payment providers. All charges and payments made in connection with the Services are non-refundable.
5.2 Virtual Items Use: Virtual Items have no monetary value and can only be used within the game. You obtain a limited, revocable, non-transferable, non-assignable, and non-exclusive license to use Virtual Items solely for non-commercial entertainment purposes in our game. You cannot sell, transfer, or exchange Virtual Items for real money or any other consideration outside of the game.
5.3 Virtual Items Risks: We do not guarantee the availability, usability, or function of Virtual Items. Your purchase and use of Virtual Items are at your own risk, and we shall not be responsible for any loss, damage, or unauthorized use of Virtual Items, including without limitation, due to unauthorized access or hacking.
5.4 Virtual Items Discontinuation: We reserve the right to modify, discontinue, or suspend any Virtual Items, in whole or in part, without notice or liability to you. You shall not be entitled to any refund, compensation, or substitute for discontinued Virtual Items.
Termination
We may terminate or suspend your account and access to our games and services at any time without prior notice or liability. You may also terminate this Agreement by discontinuing your use of our games and services.
Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of our games and services, even if advised of the possibility of such damages.
Miscellaneous
8.1 Entire Agreement: This Agreement constitutes the entire agreement between you and us regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or representations.
8.2 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
8.3 Waiver: Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or our right to enforce it in the future.
Contact Us
If you have any questions, concerns, or requests regarding this Agreement or our games and services, please contact us at service@lushtreegame.com
Effective Date: 2023-12-14