TERMS OF SERVICE
Welcome to the website and mobile apps(MahJongg4Fun - American Mah Jongg Online) owned and operated by Shenzhen Baowan Technology Co., Ltd ("Baowan", "we" or "us"). This page explains the terms by which you may use our online and/or mobile services, website, games, and software provided on or in connection with the service (collectively the "Service"). By installing, accessing, or using the Service, or by checking a box or clicking a button signifying your assent to these terms, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and to the collection and use of your information as set forth in the our Privacy Policy https://mahjongg4fun.com/PRIVACY%20POLICY.html , whether or not you are a registered user of our Service. Baowan reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Please read this Agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. Use of Our Service
Baowan develops and publishes free-to-play mobile games (MahJongg4Fun - American Mah Jongg Online) that are available to play on the iOS and Android platforms and web games that are available to play on the Windows, Mac and other computer systems.
1.1. Eligibility
This is a contract between you and Baowan. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Baowan, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to this Agreement on your behalf. The Service is not available to any Users previously removed from the Service by Baowan.
1.2. Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Baowan reserves all rights not expressly granted herein in the Service and the Baowan Content (as defined below). Baowan may terminate this license at any time for any reason or no reason.
1.3. Accounts on the Service
Your Service account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to the Service with a third-party service, such as Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may only use and operate one (1) User account at a time unless you have otherwise been given express prior written permission to do so from Baowan. You may never use another User's account without permission. Further, you may not sell, gift, trade, or transfer your User account to any other User for any reason whatsoever.
When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
When creating your account regarding the Service, you are prohibited from using politically sensitive, pornographic or any other inappropriate word, symbol or image in your account. It is in our sole discretion to censor and decide whether the content of your account is prohibited and We are entitled to promptly cancel, suspend or nullifyyour account once it is deemed prohibited.
1.4. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Service in a manner that sends more request messages to the Baowan servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Baowan grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software that modifies or interferes with the Service or any User's game experience; or (xiv) using or operating more than one (1) User account at a time without Baowan prior written consent.
Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Baowan shall have no liability for your interactions with other Users, or for any User's action or inaction.
2. User Content
Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as"User Content"). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Baowan has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Baowan reserves the right, but is not obligated, to reject and/or remove any User Content that We believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the copyrights authorities, guilds or any other governmental or non-governmental organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
C. Your User Content and Baowan's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
D. Baowan may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Baowan takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Baowan shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
3. User Content License Grant
By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Baowan a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Baowan’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
4. Mobile Software
4.1. Mobile Software. We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Baowan does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Baowan hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one (1) account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Baowan may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Baowan or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Baowan reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
4.2. Mobile Software from Apple App Store. The following applies to any Mobile Software you acquire from the Apple App Store ("Apple-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Baowan, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Baowan as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Baowan as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, Baowan, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Baowan acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
4.3. Mobile Software from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that the Agreement is between you and Baowan only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Baowan, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Baowan’s Google-Sourced Software.
5. Web Software
Web Software. We may make available software to access the Service via a computer ("Web Software"). To use the Web Software you must have a computer that is compatible with the Web Software. Baowan does not warrant that the Web Software will be compatible with your comoputer. You may use web data in connection with the Web Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Baowan hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Web Software for one (1) account on one computer owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Web Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Web Software to any third party or use the Web Software to provide time sharing or similar services for any third party; (iii) make any copies of the Web Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Web Software, features that prevent or restrict use or copying of any content accessible through the Web Software, or features that enforce limitations on use of the Web Software; or (v) delete the copyright and other proprietary rights notices on the Web Software. You acknowledge that Baowan may from time to time issue upgraded versions of the Web Software, and may automatically electronically upgrade the version of the Web Software that you are using on your computer. You consent to such automatic upgrading on your computer, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Web Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Web Software or any copy thereof, and Baowan or its third-party partners or suppliers retain all right, title, and interest in the Web Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Baowan reserves all rights not expressly granted under this Agreement. If the Web Software is being acquired on behalf of the United States Government, then the following provision applies. The Web Software will be deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Web Software originates in the United States, and is subject to United States export laws and regulations. The Web Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Web Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Web Software and the Service
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, game clients, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Baowan game client, and User Content belonging to other Users (the "Baowan Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Baowan and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Baowan Content. Use of the Baowan Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Baowan under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Baowan does not waive any rights to use similar or related ideas previously known to Baowan, or developed by its employees, or obtained from sources other than you.
7. Baowan Property
The Service contains data, information, and other content not owned by you, such as reputational or status indicators in-world currency, and/or fictional property representing virtual achievements (for instance, trophies or powers) ("Baowan Property"). You understand and agree that regardless of terminology used, Baowan Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Baowan’s sole discretion. Baowan Property is not redeemable for any sum of money or monetary value from Baowan or any third party at any time. You further agree not to sell or redeem any Baowan Property for any sum of money or monetary value from any third party. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Baowan on Baowan servers, including without limitation any data representing or embodying any or all of your Baowan Property. You agree that Baowan has the absolute right to manage, regulate, control, modify and/or eliminate Baowan Property as it sees fit in its sole discretion, in any general or specific case, and that Baowan will have no liability to you based on its exercise of such right. All data on Baowan's servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Baowan's servers, may be deleted, altered, moved or transferred at any time for any reason in Baowan's sole discretion, with or without notice and with no liability of any kind. Baowan does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Baowan's servers.
8. Subscription fees
8.1. Some Services can be accessed for FREE of charge, additional Services may require payment. In consideration for the right to use the Services under the terms herein, you will pay fees in the amount and subject to the payment terms set forth in your order form, which will apply to any additional subscriptions you purchase.
8.2. For further details see our Payment Policy which forms an integral part of these Terms.
9. Privacy
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy https://mahjongg4fun.com/PRIVACY%20POLICY.html , and to have your personally identifiable information collected, used, transferred to and processed in the Hong Kong.
10. Security
Baowan cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. DMCA Notice
Since we respect artist and content owner rights, it is Baowan's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Baowan as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work that you claim has been infringed;
C. Identification of the material that is claimed to be infringing and where it is located on the Service;
D. Information reasonably sufficient to permit Baowan to contact you, such as your address, telephone number, and, e-mail address;
E. A statement that you have a good faith belief that use of the material in themanner complained of is not authorized by the copyright owner, its agent, or law; and
F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the Baowan: Email: mahjonggsupport@mahjongg4fun.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Baowan that your copyrighted material has been infringed. The preceding requirements are intended to comply with Baowan's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Baowan has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Baowan may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Third-Party Links and Information
The Service may contain links to third-party materials that are not owned or controlled by us. Baowan does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Baowan's Privacy Policy do not apply to your use of such sites. You expressly relieve Baowan from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Baowan shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
13. Indemnity
You agree to defend, indemnify and hold harmless Baowan, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.
14. No Warranty
The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Baowan or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Baowan, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Baowan does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Baowan will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Some jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from different jurisdictions. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
15. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Baowan be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will Baowan be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Baowan assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Baowan be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Baowan hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Baowan has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from different jurisdictions. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from facilities in Hong Kong. Baowan makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Hong Kong and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Hong Kong, or are a foreign person or entity blocked or denied by Hong Kong government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Hong Kong.
16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
16.1. Governing Law. You agree that: (i) the Service shall be deemed solely based in Hong Kong; and (ii) This Agreement shall be governed by the substantive laws of Hong Kong, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving transnational commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by applicable Hong Kong laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to competent Hong Kong courts for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Hong Kong is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
16.2. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Baowan. For any dispute with Baowan, you agree to first contact us at mahjonggsupport@mahjongg4fun.com and attempt to resolve the dispute with us informally. In the unlikely event that Baowan has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by HKIAC, under thearbitration rules then in effect for HKIAC, except as provided herein. HKIAC may be contacted at http://www.hkiac.org. The arbitration will be conducted in Hong Kong, unless you and Baowan agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any HKIAC filing, administrative and arbitrator fees in accordance with HKIAC rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Baowan from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
16.3. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this Agreement, you and Baowan are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
17. General
17.1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Baowan without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17.2. Notification Procedures and Changes to the Agreement. Baowan may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. Baowan reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Baowan is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Baowan may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the "last modified" date at the bottom of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
17.3. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Baowan in connection with the Service, shall constitute the entire agreement between you and Baowan concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
17.4. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Baowan's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
17.5. Contact. Please contact us at mahjonggsupport@mahjongg4fun.com with any questions regarding this Agreement.
PAYMENT POLICY
1. Paid Content
You may access parts of the Services for free, and other parts of the Services require payment of subscription and/or other fees (“Paid Content”). Fees charged may be one-time payments or periodic payments as further described in the respective Services platform(s). By choosing to access, buy or subscribe to any Paid Content, you hereby authorize Baowan to charge the credit card or any other payment method that you choose to use, for all the costs and charges that apply to such Paid Content. You acknowledge and agree that you are solely responsible for all applicable fees and charges incurred, including applicable taxes, and all subscription fees and purchases made by you or by anyone that has used your account(s). If you are acting on behalf of an entity, you represent that you are authorized to act on behalf of such entity. Please note that Baowan may use a third-party payment processor to facilitate payments for the Services. If you make a purchase through a third-party application store, such as Apple App Store or Google Play Store, your purchase will be subject to such Third Party’s applicable payment policy, terms of use and other applicable policy's such third parties may have in place.
2. Payment Information
To access Paid Content, you must provide valid and accepted payment information. If the payment information provided by you is declined for payment of the Paid Content you are subscribed to, you must provide Baowan with alternative valid payment information or your access to Paid Content may be suspended at Baowan's sole discretion. In such an event, you will get access to Paid Content as soon as the provided payment information has been processed and approved.
3. Trials
When you subscribe for Paid Content, Baowan may, from time to time at its sole discretion, offer a trial period in which such Paid Content may be accessed without payment or at a reduced rate (“Trial Period”). This may vary depending on promotions, type of subscription, and the period you select at the time of purchase. Baowan reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period and may cancel or change the Trial Period terms at any time without notice and/or liability to you, within the limits permitted by applicable law. Baowan may require you to provide your valid payment information in order to start the Trial Period. By providing this information, you agree that unless you choose to cancel your paid subscription prior to the end of the Trial Period, Baowan may automatically begin charging you for such Paid Content, starting on the first day following the Trial Period, on a monthly (or other recurring) basis as notified to you, until you cancel your subscription to such Paid Content. If you do not want to be charged, you must cancel your subscription to such Paid Content before the end of the Trial Period. If you cancel your subscription to Paid Content, your Account will only have access to those parts of our Services that you may access for free.
4. Billing and Cancellations
The subscription fee for our subscription plans may be billed as one-time advance payment for the billing period (e.g., 1 or 12 months) or in monthly installments charged every month in advance. In addition:
(a) Subscriptions are entered into upon acceptance of these Terms and are for an indefinite period (i.e., not for a fixed duration), until terminated by you or us;
(b) The billing period may be monthly or annual, as selected at the time of purchase. At the end of the billing period, the subscription will continue for an additional billing period; in any event, you may terminate at any time as set forth below in Section 4(c);
(c) Termination for Convenience. You may terminate your subscription at any time by providing written notice to Baowan at mahjonggsupport@mahjongg4fun.com. Termination will take effect at the end of the then-current billing period;
5. Promotions and types of subscriptions
The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the billing period you select at the time of purchase. If your subscription started with a promotion or Trial Period at a reduced rate, your rate for future billing periods may be higher than your initial rate. In some cases, your payment billing dates or billing term for your subscription may change if your payment was not successfully finalized on the original due date. Baowan will use reasonable efforts to inform you of the billing term change through email. If you choose to sign up for a subscription for Paid Content, you understand and agree that your subscription will continue until you choose to terminate, and that payment for the subsequent billing period will be automatically charged to you using the payment information you have provided, unless you cancel your subscription in accordance with Section 4(c) of the Payment Policy.
6. Modifications
Baowan reserves the right to modify the subscription fees for the Services, effective upon commencement of the next applicable billing period, by notifying you of such change in writing at least 30 days before the end of the then-current billing period, and the relevant order form(s) will be deemed amended accordingly. You will receive standard updates to the Services that are made generally available by us during the subscription term specified in the order form. However, we reserve the right to offer additional functionality or premium feature improvements for an additional cost. All rights not expressly granted herein are reserved by Baowan and its licensors. Baowan may at its sole discretion, from time to time, cancel or add Services offered for free, increase or decrease the amounts required for paid Services (but only as set out in these Terms), introduce new Services either free of charge or paid ones.
6.1. In order to place payments you will be redirected to a trusted payment solution site. No payment information is collected, processed and/or saved by Baowan.
6.2. You can cancel your subscription to Paid Content by contacting our support by opening a support ticket on the Site or applicable app. If you purchased a paid subscription to Paid Content via a Third Party, such as Apple App Store or Google Play Store, you can cancel such paid subscription via such Third Party following the applicable terms and payment policies of such Third Party.
7. Price Changes
Baowan's prices and fees may change from time to time. If the pricing of your Paid Content changes, Baowan will notify you in advance and provide you with an opportunity to review such changes to your subscription fee. Price changes will take effect at the beginning of the next applicable billing period after the notice of the price change. If you do not agree to a price change, then your only right is to terminate your account. To the extent permitted under applicable law, continuing to use the Services after any price or fee change takes effect, shall indicate that you accept such price or fee change.
8. Collection
You agree that in the event Baowan is unable to collect the fees owed to Baowan for the Services, we may take other steps we deem necessary to collect such fees from you.