TERMS OF USE
PLEASE READ THE TERMS AND CONDITIONS ("THIS AGREEMENT") CAREFULLY BEFORE YOU USE OUR WEBSITES AND SERVICES. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU SHALL NOT USE OR ACCESS OUR WEBSITES AND SERVICES. IF YOU CLICK THE " I ACCEPT " BUTTON OPTION BOX WHEN YOU REGISTER YOUR ACCOUNT OR OTHERWISE ACCESS OR USE OUR WEBSITES OR SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT.
This Agreement is made for the provision of all websites, web platforms, application platforms including any parts thereof, anything contained therein or anything derived therefrom, owned, operated or controlled by G-CONG NETWORK and/or its affiliates or its designated partners ("Websites"), and all services, including any parts thereof, anything contained therein or anything derived therefrom, provided through the Websites, including without limitation web applications, mobile applications, forums, posting boards, virtual items, virtual currencies accessible through the Websites ("Services") to the customer ("you"). This agreement shall also include all appendixes, policies, documents (including Privacy Policy) that are incorporated into this agreement and Changes. ("Agreement")
G-CONG NETWORK, together with its affiliates will be referred to as "we", "us", "our" or G-CONG NETWORK in this Agreement. The date of this Agreement is set forth at the end of this Agreement. We reserve the right to change, modify, add, replace or remove ("Change") any clause from this Agreement. We will make commercially reasonable efforts to provide you with notice of any Change and will provide notice of Changes on the Websites. A Change will only apply to your use of the Websites on and after the date of the Change. If you access or use the Websites or Services after the date of the Change, you will be deemed to have accepted the Change. Please check our website at https://www.gcongnetwork.com/ for Changes.
IF YOU DO NOT AGREE WITH THE CHANGE, YOU CAN CHOOSE NOT TO USE OR ACCESS OUR WEBSITES AND SERVICES, OTHERWISE ANY USE OR ACCESS OUR WEBSITES AND SERVICES WILL BE DEEMED AS CONSENT TO THE CHANGE.
1. Intellectual Property Rights and
Licenses
All Websites, Services, including without limitation
all
content,
thoughts, ideas, expressions, information, pictures, graphics,
data, text, audio, video, icons, games, software, excluding the
Submissions are the proprietary assets of G-CONG NETWORK or its
licensees. You are granted a personal, revocable, non-exclusive,
limited, non-transferable, non-sublicensable, non-commercial
license to access and use the Websites and Services solely for
personal entertainment use, provided you completely comply with
this Agreement and all other policies and terms on the Websites
and Services. In case you are using or accessing the Websites and
Services through a third party, your access or use of the Websites
and Services shall also be governed by such terms and conditions
between you and such third party. Except as explicitly provided
herein, no rights will be granted to you, either by implication or
operation of law, specifically, no rights of modification, copy,
adapt, reverse engineer, distribution, use, display or otherwise
disposition of the Websites and Services are granted to you. You
acknowledge all rights under the Websites and Services are the
property of G-CONG NETWORK and its licensors, all rights and
titles in the Websites and Services, including without limitation,
all patents, copyrights, trade secrets, trademarks, trade names
and confidential information are reserved by G-CONG NETWORK and
its licensors.
The Websites and Services are provided "AS IS" and you
shall
take
all the risks associated with your access and use of the Websites
and Services.
2. Right to Modify, Suspend and Discontinue
We reserve the right, at any time, to modify, suspend,
or
discontinue the Website and the Services, or any part thereof with
or without notice. You agree that we will not be liable to you or
to any third party for any such modification, suspension, or
discontinuation.
3. Your Account
For the purpose of accessing or using of the Websites
or
Services, you do not need provide any personal information other
than the username and the password to create an Account
("Account"). You acknowledge that you cannot change your username
after the creation of your Account. You are suggested but not
required to associate your email address to the Account, so that
you may use the email address to reset your password. You
acknowledge and agree you are at your own choice to provide all
the personal information, and you shall bear the risk that you
could not reset your password if you do not associate the email
address with your Account. You acknowledge and agree you do not
have any ownership or other proprietary interests in the Account.
You represent and warrant that (a) the personal information you
provided is accurate and current (including your email address);
(b) you will maintain and update the personal information to
assure it is accurate and most updated. In case any information
provided by you is not accurate, untrue, not complete, not current
or not updated, we shall have the right to terminate your access
or use of the Websites and Services.
For the access and use of the Websites and Services,
you may
need
to choose a user name. You agree the choice of the user name will
be entirely at your own risk and you shall be solely liable for
such choice. We shall have the right to refuse to grant,
terminate, suspend or discontinue the user name chose by you in
our sole discretion, i.e. when your choose of the user name (1)
infringes or negatively impacts the rights of a third party; (2)
breaches public policies, regulations or laws; or (3) negatively
impacts the goodwill, normal operation or any other rights of
G-CONG NETWORK.
You may also need to choose a password for the access
and use
of
the Websites and Services. YOU WILL BE SOLELY AND ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND SECURITY OF
YOUR ACCOUNT, USER NAME AND THE PASSWORD, INCLUDING ANYTHING
ASSOCIATED WITH SUCH ACCOUNT, USER NAME AND THE PASSWORD. It is
highly recommended to use "strong" passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols)
with your Account.
You shall not in any way use the Account of anyone else
and you
shall not allow anyone else to use your account. In case any
damages or losses are incurred by your use of others' account or
someone else using your account, with or without your consent, you
shall be solely liable to such damages and losses and we shall in
no case liable for such damages or losses.
There may be fees and charges incurred by your Account,
you
agree
to pay all fees and charges incurred thereby, including all taxes.
You understand and agree we may add new Websites and Services that
require additional charges and fees at our sole discretion. You
further understand and agree we may change or amend fees or
charges for the current Services and Websites in our sole
discretion. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE
FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT. YOU
ACKNOWLEDGE AND AGREE THAT THERE SHOULD BE NO REFUNDS FOR FEES AND
CHARGES MADE THROUGH YOUR ACCOUNT BY G-CONG NETWORK.
4. Virtual Currency and Virtual
Items
In using our Websites and Services, there may be
virtual
currencies or credits. You acknowledge and agree the Virtual
Currency or Virtual Items shall be used only for the purpose for
the use of the Websites and Services and shall not be used for any
other purpose. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VIRTUAL
CURRENCY OR VIRTUAL ITEM HAS NO CASH VALUE AND CANNOT BE IN ANYWAY
CONVERTED OR EXCHANGED TO ANY SUM OF MONEY OR MONETARY VALUE. You
understand and agree Virtual Currency or Virtual Item is only a
limited, personal, revocable, non-transferable, non-sublicenseable
and non-commercial license granted by us to you in using the
Websites and Services and shall in no way be viewed as your
property.
We are entitled to provide you or any other customer
with any
amount of Virtual Currency or Virtual Item. We are also entitled
to delete, change, manage, regulate, control or terminate any
Virtual Currency or Virtual Item in your Account at our sole
discretion. Further, we are entitled to change or impact the
perceived value or pricing of Virtual Currency or Virtual Item in
our Websites or Services. We are entitled to charge fees for the
access and use of Virtual Currency or Virtual Items at our own
discretion. ALL PURCHASES OF VIRTUAL CURRENCY, VIRTUAL ITEMS
OR SUBSCRIPTIONS ARE FINAL AND UNDER NO CIRCUMSTANCES WILL BE
REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE.
In case you get access to the Virtual Currency or
Virtual Items
via third party virtual currency or virtual items, you will also
be bound by the terms and conditions of such third party and we
shall not be liable for your agreement with such third party. You
shall be jointly and severally liable to us if your agreement or
performance thereof with such third party incurs any damages or
losses to us.
You agree the amount, nature and quality of Virtual
Currency
and
Virtual Items in your Account shall be determined and calculated
solely by us.
You agree you will not engage in any transaction,
selling,
buying
or exchanging of Virtual Currency or Virtual Items without our
prior written consent ("Un-permitted Transaction"). You shall take
entirely the risks arising thereof. In case any Un-permitted
Transaction comes to the awareness of us, we shall have the right
to terminate, suspend, discontinue or reverse such transaction,
including without limitation terminate, suspend, discontinue or
reverse the Virtual Currency, Virtual Item or your Account.
5. Subscription
In using our Websites and Services, there may be subscriptions subject to automatic renewal. In order to avoid losses caused by your failure to renew the subscriptions, you authorize us to deduct the fees for the next billing period on their behalf from the balance of your re-charge accounts, and third-party payment accounts, bank cards and communication accounts which are bound up with your Account (“Billing Account”) prior to the expiration of the valid period (including but not limited to per week/month/quarter/year). You are responsible that there is adequate deductible money or credit and that the Billing Account works. The subscriptions will not be renewed if the deduction is unsuccessful, for whatever reasons, and we are not liable for such failure of renewal.
Once the subscriptions become effective, we will deduct the fees for next billing period within 24 hours before the end of the current billing period from the Billing Account and extend your subscriptions for next billing period.
If you didn’t cancel the auto-renewable subscriptions 24 hours before the end of the current billing period, the subscription shall be automatically subscribed for next billing period, under which the fees for the next billing period will be deducted accordingly. If you cancel the subscriptions within the above period, they will not be renewed for next billing period, but they will not expire until the end of the current billing period, and any fee that has been deducted for the current billing period will be non-refundable.
If prices for any subscription is adjusted at the time of/prior to the automatic subscription renewal fees deduction, the currently valid prices shall prevail.
6. Your Responsibilities
By using or accessing our Websites and/or Services,
including
using and accessing the Submissions (as defined below), you agree
to follow the community rules and guidelines, which is
incorporated as a part of this Agreement. You explicitly agree not
to:
(1)Infringe any third party's Intellectual property
rights,
including rights in confidential information;
(2)Spread any
pornographic, sexually graphic, threatening, embarrassing,
hateful, racially or ethnically insulting, inciteful, deceptive,
tortuous, defamatory, libelous, or otherwise inappropriate or
offensive comments or content, including any uses of characters to
replace letters and including any topics that may be harmful to or
threaten the security of a child or minor;
(3)Use the
Websites or Services in any manner that violates any applicable
laws or regulations or is prohibited by these Terms;
(4)tracing,
harass, threaten, or defraud other customer or any members of
us;
(5)Create a false identity or impersonate another person
or entity, including without limitation, identities falsely
indicating that you are a G-CONG NETWORK official or
representative, message board moderator, guide, another user or
host, or that you are a celebrity or public figure;
(6)Access
another user's Account without permission;
(7)Send, post,
transmit or make available any pornographic, sexually graphic,
threatening, embarrassing, hateful, racially or ethnically
insulting, inciteful, deceptive, tortuous, defamatory, libelous,
or otherwise inappropriate or offensive comments or content,
including any uses of characters to replace letters and including
any topics that may be harmful to or threaten the security of a
child or minor;
(8)Make offers, advertisements or proposals
for goods, services, or other commercial activities on the
Websites or Services;
(9)Send, post, transmit or make
available any unsolicited or inappropriate content, information or
Submissions, junk mail, SPAM, chain letters, pyramid schemes,
investment opportunities, or other unsolicited or unauthorized
commercial or promotional content, information or communications,
except as expressly permitted by us in writing;
(10)Share the
passwords of Websites, Services or Account with a third party;
(11)Send,
post, transmit or make available any content, information or
Submissions that are subject to intellectual property protection,
including, copyright trademark, trade secret or patent rights, or
otherwise subject to third party property rights, including rights
of privacy and publicity, unless you are the owner of such rights
or have permission from the owner of such rights to do so and to
grant G-CONG NETWORK all the license rights necessary to transmit
or maintain such content, information or Submissions;
(12)Misrepresent
the source, identity, or content of information sent, posted,
transmitted or made available via the Websites, the Services or a
third party platform, (such as claiming a created work as your own
that is not actually yours);
(13)Use features of the Websites
or Services for anything other than their intended purpose,
including exploiting glitches for personal gain;
(14)Interfere
with or disable any security-related features of the Websites or
Services, or any part thereof, including any Services available on
or through any third party platforms;
(15)Damage, disable,
overburden, or impair the Websites or Services, including any
Services available on or through any third party platforms,
including by sending, posting, transmitting or distributing
anything that contains a virus or other code intended to damage or
interfere with the Websites or Services or any portion thereof, or
any software, hardware, equipment, system, data, or other
information of G-CONG NETWORK or any third party;
(16)Institute
an attack upon any server used in connection with the Websites or
Services, or any portion thereof, or otherwise attempt to disrupt
such servers or any Services available thereon or on or through
any third party platform, including, by hacking or DOS attacks;
(17)Intentionally
interfere with the operation or fair play of any Services
available on the Websites or through any third party platform, or
any other user's enjoyment of such Services;
(18)Decipher,
decompile, disassemble, reverse engineer or otherwise attempt to
derive any code or underlying ideas or algorithms of any part of
the Websites or Services, including any Services available on or
through the Websites or third party platforms;
(19)Use,
develop, or distribute any robot (or "bot"), spider, unauthorized
script, unauthorized scraper or offline reader, or any other
cheat, exploit, mod, bot, hack or the like, or any unauthorized
third-party software designed to modify or interfere with or
provide automated access to or use of the Websites or Services, or
any portion thereof, or any Services available on or through any
third party platform;
(20)Frame or mirror any part of the
Websites or Services without G-CONG NETWORK' written
permission;
(21)Buy, sell or trade Virtual Items or user
Accounts for non-G-CONG NETWORK items (including cash) or vice
versa;
(22)Make improper use of G-CONG NETWORK' support
services, including by submitting false abuse reports;
(23)Imply
or state that any statements you make are endorsed by G-CONG
NETWORK without G-CONG NETWORK' prior written consent;
(24)Harvest
or collect any information about any user of the Websites or
Services, including any Services available through third party
platforms, including personal information or other Account
information, including passwords, e-mail addresses, or
geo-locations;
(25)Modify any part of the Websites or
Services, including any Services available through any Third Party
Platform, for your own personal or commercial purposes, including
but not limited to, alter, adapt, license, sublicense, or
translate the Websites or Services; or
(26)Assist, permit or
encourage any party in engaging in any of the activities described
in the above listing;
(27)Mass distribute characters of no
understandable meaning;
In case you are in breach of the Rules or this
Agreement,
G-CONG
NETWORK shall have the right to, at its sole discretion:
(1)Warn
you about the breach of Rules or this Agreement;
(2)Close,
suspend or terminate your Account partly or in whole;
(3)Force
you to leave or terminate your connection to the Website or
Service;
(4)Temporarily or permanently terminate your
Account;
(5)Delete anything contained in your Account;
(6)Delete
your Account;
(7)Retrieve Virtual Items from your Account;
(8)Change
the name of your Account or anything contained therein;
(9)Dismiss
a group in which you are a member or exclude you from a group;
(10)
Deduct or clear any attributes of your Account or anything
contained therein, including experience, Virtual Items, Virtual
Currency or levels; or
(11)Other disposition as determined
proper by G-CONG NETWORK;
7. Forums & Submissions.
By using our Websites and Services, you may have access
to and
use forums or areas where you and others can post or transmit
information onto or through the Websites or Services, including
through third party platforms ("Forums"). By posting, transmitting
or leaving any photos, graphics, creative suggestions, ideas or
User Ideas, notes, concepts, information, ratings or other
materials ("Submissions"), you grant us a worldwide,
non-exclusive, sublicensable, assignable, royalty-free, perpetual,
irrevocable right to use, reproduce, distribute, create derivative
works of, publicly perform, publicly display, digitally perform,
make, have made, sell, offer for sale and import such Submissions
in any media now known or hereafter developed, for any purpose
whatsoever, commercial or otherwise, without compensation to you
or the provider of the Submissions. You understand and agree that
we shall have no obligation or liability in your Submissions,
including any obligation or liability of confidentiality.
You also understand there may be other customers making
Submissions on the Forums, such Submission may be inaccurate,
offensive, illegal, misleading or deceptive. We shall have no
obligation for such Submissions and we are under no obligation to
monitor or control the Submissions.
We shall have the right, but not the obligation to (1)
alter,
change, delete, remove or refuse the Submissions; (2) block your
access to the Forums.
8. Termination
Upon our sole discretion, we will be entitled to
terminate this
Agreement with or without notice to you. Accordingly, we may
terminate your access and use of the Account (including anything
therein), Websites, Services, Virtual Currency and Virtual Items,
Submissions, entirely or partly. You understand and agree we do
not have any obligation to you by the termination of your account,
including without limitation refunding of any charges or fees for
the use and access of Websites, Services, Virtual Currency and
Virtual Items.
We are entitled, but are not obligated to maintain the
Account
(including anything therein), Websites, Services, Virtual Currency
and Virtual Items, Submissions.
The provisions of section 2, 3, 4, 7, 8, 9, 10, 11, 12,
,15,16,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 shall
survive the termination of this Agreement.
9. Eligibility and Compliance of
Law
If you are a child as defined by applicable law in your
jurisdiction, you may use and access G-CONG NETWORK Websites and
Services only with the permission of a parent or legal guardian,
and your parent or legal guardian must accept this Agreement on
your behalf.
10. User Ideas
In case you submit any idea for new promotions,
products,
games,
applications, technologies or processes or other ideas ("User
Ideas") to us, you agree to grant us a worldwide, non-exclusive,
sublicensable, assignable, royalty-free, perpetual, irrevocable
right to use, reproduce, distribute, create derivative works of,
publicly perform, publicly display, digitally perform, make, have
made, sell, offer for sale and import such User Ideas in any media
now known or hereafter developed, for any purpose whatsoever,
commercial or otherwise, without compensation to you or the
provider of the Submissions. You understand and agree that we
shall have no obligation in your User Ideas, including any
obligation of confidentiality.
11. Use of Technical
Information
We are entitled to acquire non-personal information,
with your
prior consent, of your devices, networks or any part thereof,
including information of hardware, software ("Device Information")
for identification or other legal purpose. Specifically, we may
use the information to identify any person or entity who is not in
compliance of this Agreement or who is acting in breach of
polices, laws or regulations.
To access and use our Websites and Services you shall
be solely
responsible to facilitate and acquire the devices and networks and
pay any fees related thereto.
12. Privacy
For the use and access of the Websites and Services, we
may
need
you to submit some of your personal information. Your personal
information will be used, disposed and protected as per our
Privacy Policy at https://www.gcongnetwork.com/ ("Privacy
Policy"). The Private Policy is hereby incorporated as part of
this Agreement.
13. Promotions
From time to time we may provide offers or initiate
promotions
("Promotion") to our Websites or Services. The Promotions are
governed by the rules for the Promotions in addition to this
Agreement, so please read the rules carefully. If you decide to
engage in the Promotions, you may be required to provide
additional information, to sign a release, or to authorize the use
of certain biographical or other information about you in order to
get the Promotions.
14. Accessing Materials
You understand the access and use of the Websites and
Services
from jurisdictions where such access and use is illegal is
prohibited. If you choose to access or use the Websites and
Services in locations outside the United States, you shall be
responsible to comply with all local rules.
15. Copyright Infringement
If you are a copyright or trademark owner (or an agent
of a
copyright or trademark owner), and you believe that your copyright
or trademark rights have been violated by any posting, submission
or other content on the Websites, please contact us by email to
zhiconggames37go@gmail.com.
In case you believe your copyright or trademark is
infringed in
a
jurisdiction other than the United States, the procedures and laws
of that jurisdiction shall also apply.
16. Third-Party Offerings
There may be links included in our Websites or Services
which
links to third party websites or services. You understand and
agree that inclusion of the links does not indicate or in any way
imply endorsement by us of any third party, third party websites
or any association with the operators of such websites or
services. We shall in no case be liable to any damages or losses
incurred by you due to your use or access to such websites or
services. You understand and agree you will be bound by the terms
and conditions with the third parties operating the websites and
services.
17. Disclaimer of Warranties
THE WEBSITES AND THE SERVICES, INCLUDING WITHOUT
LIMITATION ANY
ITEMS OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR
ANY THIRD PARTY PLATFORM, ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, G-CONG NETWORK AND
ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND
AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE
OF PERFORMANCE OR USAGE OF TRADE. G-CONG NETWORK AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS
DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR SERVICES,
INCLUDING WITHOUT LIMITATION ANY ITEMS OR SERVICES AVAILABLE
THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE WEBSITES OR SERVICES, THE SUBMISSIONS, THE
SERVER(S) ON WHICH THE WEBSITES OR SERVICES ARE HOSTED, OR ANY
PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR ON ANY THIRD
PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO
OPINION, ADVICE OR STATEMENT OF G-CONG NETWORK OR ITS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR
VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS, ON THIRD
PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE
OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY
SERVICES PROVIDED THROUGH THE WEBSITES OR ON ANY THIRD PARTY
PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
18. Limitation of Liability
NEITHER G-CONG NETWORK NOR ANY OF ITS SUBSIDIARIES,
AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR
DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER
REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE WEBSITES AND/OR SERVICES, INCLUDING ANY
SERVICES AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS,
ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED,
ACCESSIBLE OR USABLE THROUGH THE WEBSITES OR ANY THIRD PARTY
PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES,
MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE ON THE
WEBSITES OR THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY
LINKED WEBSITES IS TO STOP USING THE WEBSITES, MATERIALS,
SUBMISSIONS, PRODUCTS, SERVICES, OR LINKED WEBSITES, AS
APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO G-CONG
NETWORK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR
OTHERWISE, SHALL BE THE LOWER OF: (1) TOTAL AMOUNT PAID BY YOU TO
G-CONG NETWORK IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO
ACCESS OR USE THE WEBSITES OR SERVICES; (2) 1000 US DOLLARS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY
KIND BETWEEN YOU AND G-CONG NETWORK OR A REPRESENTATIVE OF G-CONG
NETWORK CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY
HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED
IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY
DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS
IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
19. Inaccuracies
You understand and agree the content shown on the
Websites or
Services may be inaccurate or incorrect, and the content may be
changed or altered by a third party without our permission. We do
not make any representations regarding the accuracy or correctness
of the Websites and Services.
20. System Maintenance
G-CONG NETWORK periodically schedules system downtime
for the
Websites and Services for maintenance and other purposes.
Additionally, unplanned system outages may occur. You agree that
G-CONG NETWORK has no responsibility and is not liable for: (a)
the unavailability of the Websites or Services; (b) any loss of
materials, data, transactions or any other information or
materials caused by such system outages; (c) the resultant delay,
mis-delivery, or non-delivery of data, transactions or any other
information or materials caused by such system outages; or (d) any
outages caused by any third parties, including without limitation,
any companies or servers hosting the Websites or Services, any
Internet service providers, any third party platforms, or any
Internet facilities and networks.
21. Indemnification
You agree to indemnify to defend and hold harmless
G-CONG
NETWORK
and its officers, directors, partners, employees, consultants, and
agents against any damages, losses, liabilities, fees, charges,
including any attorney fees, incurred as a result of (a) any
allegation that any Submission or other information you post,
submit to us or transmit to the Websites or Services infringes or
otherwise violates the copyright, trademark, trade secret or other
intellectual property or other right of any third party; (b) your
breach or violation of the this Agreement or any applicable laws
or regulations; (c) your access to and use of the Websites and
Services; (d) any viruses, trojan horses, worms, time bombs,
cancelbots, spyware, or other similar harmful programming routines
posted, submitted or transmitted by you to the Websites, in the
Services; and/or (e) any claim that one of your postings, User
Ideas or Submissions caused damage to a third party, including
without limitation, libel, defamation, loss of or harm to
reputation or any other damage whatsoever.
22. Notice
If you are located outside of United States, the
notices to
G-CONG NETWORK shall be delivered
to: zhiconggames37go@gmail.com
If you are located inside the United States, the
notices to
G-CONG NETWORK shall be delivered
to: zhiconggames37go@gmail.com
We will deliver the notice to you at the email address
you
leave
the time you register your Account. Or we may deliver the notice
to you at the address you leave for registration, if any.
23. Waiver
The failure of G-CONG NETWORK to exercise or enforce
any right
or
provision of this Agreement will not constitute a waiver of such
right or provision. Any waiver of any provision of this Agreement
will be effective only if in writing and signed by G-CONG
NETWORK.
24. Governing Law and
Jurisdiction
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be governed by the law of Hong Kong without any conflict of law rules to the contrary and shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of this arbitration clause shall be Hong Kong law.
The seat of arbitration shall be Hong Kong.
The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
25. Limitation of Statute
All claims or suits arising under or related to this
Agreement
shall be raised within 1 year of its occurrence.
26. Severability
If any provision of this Agreement is found to be
unlawful,
invalid, void or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect
the validity and enforceability of any remaining provisions.
27. Assignment
The Terms and any related rights and licenses granted
hereunder,
may not be transferred or assigned by you without G-CONG NETWORK'
prior written consent, but may be assigned by G-CONG NETWORK
freely without restriction.
28. Entire Agreement
This is the entire agreement between you and G-CONG
NETWORK
relating to the subject matter herein and supersedes any and all
prior or contemporaneous written or oral agreements between you
and G-CONG NETWORK with respect to such subject matter.
29. Miscellaneous
No agency, partnership, joint venture,
employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement. Any heading, caption or section title contained herein
is inserted only as a matter of convenience and in no way defines
or explains any section or provision hereof. G-CONG NETWORK'
performance of this Agreement is subject to existing laws and
legal process, and nothing contained in the Agreement is in
derogation of G-CONG NETWORK' right to comply with governmental,
court, and law enforcement requests or requirements relating to
your use of the Websites, Services, including without limitation
those available through third party platforms, and any information
provided to or gathered by G-CONG NETWORK with respect to such
use(s). A printed version of this Agreement and of any notices
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and
maintained in printed form. The parties agree that all
correspondence relating to this Agreement must be written in the
English language.
Any notices to G-CONG NETWORK may be delivered to: zhiconggames37go@gmail.com
Last update July 22, 2022