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Soulmask EULA 1

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IMPORTANT NOTICE:

YOU SHOULD CAREFULLY READ THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) BEFORE INSTALLING OR USING OUR GAMES (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS ANY OF OUR GAMES. YOU ALSO CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

Thank you for your interest in our online games and related services. This Agreement is entered into by and between you and QOOLAND PTE. LTD. (hereinafter referred to as “we”, “us”, “our”, “the Company”, or “Qooland Games”) in relation to our online games and any related services (hereinafter referred to collectively as “Our Games”, and each, a “Game”). You agree that by accessing and/or playing any of Our Games, you are bound by this Agreement. In addition, when using any of Our Games, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time.

Subject to the laws of your country of residence, minor children with limited capacity or with incapacity may also utilize a game account established in relation to Our Games (a “Game Account”) by their parent or legal guardian. If you are a minor, you shall ask your parent (or your legal guardian) to read, understand and agree to comply with this Agreement before your use of any of Our Games.

We may need to update or modify this Agreement from time to time to accurately reflect our services and reserve the right to do so without your express prior consent. Unless otherwise required by law, we will notify you before we make any substantial changes to this Agreement that could affect your rights so that you have the opportunity to review any such changes before they take effect (such notice setting out any changes or modifications to this Agreement, a “Change Notice”). However, once any updated terms are made effective by the passage of time set out in such Change Notice, or if no time is stipulated, by the elapse of a reasonable period of time, you will be bound by all such changes and modifications to this Agreement should you continue to use Our Games. We hope that you will continue to use Our Games, but if you do not accept our updated terms and no longer want to use Our Games, you may delete your Game Account at any time. Your continued use of Our Games after any change or modification to this Agreement means that you (and, if applicable, your parent or legal guardian) have read, understand and agree to any changes or modifications to this Agreement.

PLEASE NOTE THAT THE SECTION BELOW TITLED “GOVERNING LAWS AND DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM IN FULL.

I. Definitions

Unless otherwise defined herein (including in the IMPORTANT NOTICE section above) or the context otherwise requires, the following terms have the definitions set out below:

1. Games Software means the game software provided by us in relation to Our Games, along with all updates, patches, and expansions, etc. of such game software, and may also include web servers, websites (including but not limited to the official website or BBS relating to such Game) or electronic documents related to such game software.

2. Games Services means, in relation to a Game, the Games Software applicable to such Game together with all related online operation services offered by us in relation thereto.

3. You, also referred to as “Player” or “User”, means a natural person who is authorized to use Games Software or who accepts Games Services through legal means and for non-commercial purposes.

II. Scope of Agreement

1. This Agreement is entered into by and between you and the Company in relation to Our Games.

2. The terms and conditions set out in this Agreement may not fully include and cover all of your rights and obligations with respect to Our Games, and the existing Agreement may not fully meet the future development needs of Our Games. Therefore, any privacy policy of Qooland Games and any applicable game rules and amendments thereto shall form an integral part of this Agreement, with equal legal effect as if such policies, rules and amendments thereto were set out in full herein.

III. Account

1. In order to access and use Our Games, the Company may make available a prepaid balance service (“Account Balance”). The Account Balance in relation to your Game Account may only be used to obtain certain products and services offered by the Company and the Company reserves the right to change, modify, or otherwise impose usage limits to your Account Balance at any time, in its sole discretion.

To access your Account Balance, you may be asked to provide registration details that are personal to you, such as your email address or any other personal accounts with third parties that are registered in your name (such as Facebook, Twitter, Instagram, Line, etc.). Such information is required for you to register for a Game Account (hereinafter referred to as “your Account”) that will be linked with your Account Balance and all such information you provide must be correct, current, and complete. Additionally, to play certain Games or use certain features offered by the Company in relation thereto, you may also be required to provide us with your personal payment information, such as your credit card details (any such payment information, a “Payment Method”). When you provide a Payment Method to the Company for use in connection with your Account, you represent to the Company that you are the authorized user of the Payment Method, and you authorize the Company to charge your Payment Method for any funds or other fees incurred by you in relation to your Account. If your use of the Account Balance is subject to any sales, value added or other taxes, then the Company may also charge you for those taxes. You are responsible for all uses of your Account Balance, including all applicable taxes and all purchases made by you or anyone else using your Account.

You agree that any personal information provided by you in connection with your Account may be used by the Company to identify you and/or your Account.

Account Balance funds do not constitute a personal property right and have no value outside the Game Services. Account Balance funds are non-transferable to another person or entity and do not accrue interest.

If, after investigation, the Company determines in its sole discretion that you misused the Account Balance, conducted unauthorized Account Balance transactions from another user’s Account Balance, or used the Account Balance to conduct any fraudulent or other illegal activity, the Company may take any actions it may deem appropriate in its sole discretion, including but not limited to: (i) issuing a warning; (ii) removing any involved proceeds from your Account; (iii) temporarily suspending or permanently terminating your Account and/or Account Balance, as applicable; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities; and (v) any such other actions set forth in any posted guidelines and rules applicable from time to time. In the event of any serious misuse, the Company reserves the right to pursue any legal action (whether in civil or criminal courts) as it deems necessary.

You acknowledge your Account Balance can only be used to obtain certain virtual items and services offered by us. Unless otherwise required by applicable laws or permitted by this Agreement, all purchases and redemptions of virtual items made through your Account Balance are final and non-refundable. The Account Balance may be terminated in accordance with the terms and conditions of this Agreement, when we cease providing the software, or this Agreement is otherwise terminated.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify the Company (via the contact information in the Game or on the official website of the Game) of any abnormal or unauthorized use of your user name or password or any other breach of security so that the Company can take measures necessary for the protection of your Account and password, including but not limited to suspending the login and use of your Account, and freezing your Account Balance and the consumption and transfer of virtual items in your Account. When taking any such restrictive measures, the Company has the right to ask you to provide your valid registration information and to verify the personal information you used for registration. Should you fail to provide your valid registration information, the Company has the right to refuse your request and will not be liable for any damages caused to you thereby. The damages to you or other users arising out of the restrictive measures taken by the Company at your request shall be solely borne by you.

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Game Services through your Account. Users do not own their accounts, and gifting or otherwise transferring, lending or renting of accounts or access keys is prohibited, whether with or without consideration.

We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing on the rights of third parties or if you have been inactive for more than a year.

If you do not log in to your Account for 365 days, the Company has the right to irretrievably delete your Account and any data relating to Our Games thereunder (including but not limited to Game character, level, virtual items, etc.).

IV. Game Software License

The Company grants you a personal, non-commercial, non-exclusive, non-transferable and non-sublicensable license pursuant to the provisions in this Agreement. You may download and install the Games Software on a computer to the extent of the license specified in this Agreement, and run such software in accordance with the instructions as set out in the applicable Games Software.

You can only use Games Software for non-commercial purposes. Any commercial use without permission from the Company will constitute an infringement of the Company’s rights.

To ensure the security and optimize the features of the Game Software, the Company may update, modify and optimize Games Software or some or any of its features from time to time. After the new version of any Games Software is released, the previous version may no longer be available. Please download and install the latest version as soon as possible to avoid restricted use.

Under the circumstance that Game Software is in a “test period” or a “beta version” or other special circumstance, your access to Game Software may be subject to special rules, including but not limited to restricted time period or restricted number of users that access to the Game Software, We reserved rights to decide which users may have the privilege to access the Game Software under such circumstance and modify or delete the game data of users during such periods, and conduct irregular shutdown of the Game servers. If you purchase a license to use a virtual item or service during a test period or with a beta version, all purchases are subject to special rules. We will not provide you with a refund for your purchase of a virtual item or service, and in some cases, items or services purchased during a test period or beta version may not be able to transition to the official release version of a Game. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game Software are highly appreciated.

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