LumieGames Terms of Service

Preface

Thank you for using LumieGames!

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Beijing Wisdom Teng Tong Technology Co., Ltd. ("we", "us", or "our") regarding your access to and use of LumieGames and related services (collectively, the "Services").

LumieGames provides users with access to H5 games and Flash games through our application. The Services may include games, features, functions, content, and technologies provided by us or third-party providers.

Please carefully read these Terms of Service, together with our Privacy Policy and any other applicable rules, guidelines, or supplemental terms provided by us from time to time. These documents collectively govern your use of the Services and form the agreement between you and us.

By accessing or using LumieGames, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any provision of these Terms, you should immediately stop accessing or using the Services.

You represent and warrant that you have reached the legal age of majority in your country or region of residence. If you are a minor under applicable laws, you may only use the Services with the consent and supervision of your parent or legal guardian.

Table of Contents

1. Access to the Services
2. License Grant
3. User Conduct
4. Game Content and Third-Party Content
5. Intellectual Property Rights
6. Privacy
7. Service Availability and Changes
8. Disclaimer of Warranties
9. Limitation of Liability
10. Indemnification
11. Termination
12. Governing Law and Dispute Resolution
13. Miscellaneous
14. Updates
15. Contact Us

1. Access to the Services

You may access and use LumieGames without creating an account or providing registration information. We may provide different features and functions of the Services from time to time, and certain features may be subject to additional requirements or conditions.

You are responsible for obtaining and maintaining any equipment, devices, internet connection, and other resources necessary to access the Services. You acknowledge that your access to the Services may be affected by factors beyond our reasonable control, including network conditions, device compatibility, internet service availability, or technical failures.

We reserve the right to modify, suspend, restrict, or discontinue any part of the Services at any time, including any games, features, or content available through LumieGames, where reasonably necessary for operational, technical, legal, or business reasons.

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use LumieGames solely for your personal and non-commercial entertainment purposes.

Except as expressly permitted by applicable laws or these Terms, you may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, extract source code from, distribute, sell, lease, license, sublicense, or otherwise exploit any part of the Services.

You may not use the Services for any commercial purpose or in any manner that may damage, disable, overburden, or impair the operation, security, or availability of the Services.

3. User Conduct

3.1 Prohibited Activities

You agree that, while accessing or using the Services, you will not engage in any activity that violates these Terms, applicable laws and regulations, or the rights and legitimate interests of us, other users, or any third party. Without limiting the foregoing, you shall not:

1. Use the Services in any manner that may harass, threaten, intimidate, abuse, harm, embarrass, or cause distress or discomfort to any person or entity;
2. Use the Services to upload, transmit, distribute, display, or otherwise provide any content that is unlawful, defamatory, abusive, hateful, threatening, obscene, sexually explicit, discriminatory, offensive, or otherwise inappropriate;
3. Use the Services to infringe or violate the rights of others, including, without limitation, privacy rights, publicity rights, intellectual property rights, contractual rights, or other legal rights;
4. Collect, store, use, disclose, or otherwise process any personal information of other users or third parties through the Services without proper authorization or a lawful basis;
5. Remove, modify, obscure, or otherwise interfere with any copyright, trademark, or other proprietary rights notices contained in or associated with the Services;
6. Disable, overburden, damage, disrupt, or interfere with the normal operation, security, integrity, or availability of the Services, or attempt to gain unauthorized access to any part of the Services, systems, networks, or related technology;
7. Use any unauthorized methods, tools, software, or technologies to access, modify, interfere with, or exploit the Services, including but not limited to extracting source code, reverse engineering, hacking, cracking, distributing malicious software, introducing viruses, Trojan horses, worms, time bombs, corrupted files, or other harmful programs;
8. Use any automated systems, bots, scripts, crawlers, cheats, hacks, unauthorized third-party software, or other tools that interact with the Services in an unauthorized manner or may affect the normal operation, security, or fairness of the Services;
9. Copy, reproduce, modify, adapt, translate, distribute, sell, rent, lease, sublicense, transfer, or otherwise exploit the Services or any content available through the Services, except as expressly permitted by these Terms or applicable laws;
10. Use the Services for any commercial purpose, including advertising, solicitation, promotion, resale, or providing the Services as part of any paid service, unless expressly authorized by us;
11. Impersonate any person, organization, company, or representative of us, or otherwise misrepresent your affiliation with any person or entity;
12. Use the Services to publish, transmit, or distribute any content that promotes discrimination, hatred, violence, illegal activities, or infringement of the rights of others, including discrimination based on race, ethnicity, religion, nationality, gender, sexual orientation, age, occupation, or other protected characteristics;
13. Attempt to circumvent, disable, bypass, or otherwise interfere with any technical measures, access restrictions, geographical restrictions, or security mechanisms implemented by us or our partners;
14. Use the Services in a manner that may negatively affect us, our affiliates, our partners, the Services, or other users, or that may damage our reputation or discourage others from using the Services;
15. Encourage, assist, facilitate, or enable any other person to engage in any activities prohibited under these Terms; or
16. Violate any applicable laws, regulations, third-party platform rules, including Google Play policies, or any other rules or guidelines applicable to the Services.

We reserve the right, but do not assume the obligation, to monitor, investigate, and take appropriate action regarding violations of these Terms. However, we cannot and do not guarantee that all users will comply with these Terms, and we are not responsible for any user's failure to comply with these Terms. You are solely responsible for your own actions and conduct when using the Services.

3.2 Enforcement Measures

If we reasonably determine that you have violated these Terms, applicable laws, or otherwise engaged in conduct that may harm the Services, other users, or our legitimate interests, we may take appropriate measures depending on the nature and severity of the violation, including but not limited to:

1. Issuing warnings or notifications regarding the violation;
2. Restricting or suspending your access to certain features of the Services;
3. Removing or restricting access to content or materials associated with the violation;
4. Suspending or terminating your access to the Services;
5. Taking technical, legal, or other measures necessary to protect the security, integrity, and proper operation of the Services; and/or
6. Taking any other actions permitted under applicable laws, these Terms, or other applicable rules and policies.

4. Game Content and Third-Party Content

LumieGames may provide access to games and other content developed or provided by us or third parties. Certain games or content available through the Services may be subject to additional terms, conditions, or policies provided by the relevant third-party providers.

We are committed to providing users with a stable, reliable, and high-quality experience. We will use reasonable efforts to maintain the proper functioning and availability of LumieGames and to address technical issues that may affect the operation of the Services. However, you acknowledge that certain interruptions, delays, or limitations may occur due to factors beyond our reasonable control, including system maintenance, updates, technical failures, network conditions, third-party service interruptions, or other circumstances beyond our control. Accordingly, we do not guarantee that the Services will be uninterrupted, completely error-free, or available at all times.

While we strive to work with reliable third-party providers and ensure a positive user experience, we do not guarantee the continuous availability, accuracy, completeness, reliability, or quality of third-party content, services, or materials. To the maximum extent permitted by applicable laws, we are not responsible for any third-party content, services, or materials provided through or accessible from the Services, except where such liability cannot be excluded under applicable laws.

5. Intellectual Property Rights

All rights, title, and interest in and to LumieGames, including but not limited to software, technology, designs, interfaces, graphics, text, logos, trademarks, game content, and other materials provided through the Services, are owned by us or our licensors and are protected by applicable intellectual property laws.

Except for the limited license expressly granted under these Terms, no rights or licenses are granted to you, whether expressly, impliedly, or otherwise, with respect to the Services or any related intellectual property.

You agree not to remove, alter, or obscure any copyright notices, trademarks, or other proprietary rights notices contained in or associated with the Services.

6. Privacy

Your privacy is important to us. Our collection, use, storage, and protection of your personal information are described in our Privacy Policy, which forms part of these Terms.

By accessing or using LumieGames, you acknowledge that you have read and understood our Privacy Policy and agree that we may process your personal information as described therein.

7. Service Availability and Changes

We strive to provide stable and reliable Services; however, we do not guarantee that LumieGames will always be available, uninterrupted, secure, or error-free.

We may update, modify, improve, suspend, or discontinue any part of the Services at any time. Where required by applicable laws, we will provide appropriate notice regarding material changes that may significantly affect your use of the Services.

8. Disclaimer of Warranties

To the maximum extent permitted by applicable laws, the Services are provided on an "as available" and "as is" basis without warranties of any kind, whether express, implied, statutory, or otherwise.

We do not warrant that the Services will meet your requirements, operate without interruption or errors, or be compatible with all devices or operating environments.

Nothing in these Terms excludes or limits any rights or protections that cannot be excluded or limited under applicable consumer protection laws.

9. Limitation of Liability

To the maximum extent permitted by applicable laws, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or loss of business opportunities arising out of or relating to your use of or inability to use the Services.

Our total liability arising out of or relating to these Terms or the Services shall be limited to the extent permitted by applicable laws.

Nothing in these Terms limits our liability for matters that cannot be excluded or limited under applicable laws.

10. Indemnification

You agree that you will be responsible for your use of the Services, and you agree to defend and indemnify us and the affiliated parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

1. Your access to, use of, or alleged use of the Services;
2. Your violation of any part of the Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
3. Your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation;
4. Any dispute or issue between you and any third party; and/or
5. Your other illegal or inappropriate behavior.

We reserve the right, at our own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

11. Termination

We may suspend or terminate your access to the Services if you violate these Terms, applicable laws, or otherwise engage in conduct that may harm the Services, other users, or our legitimate interests.

You may also terminate this Agreement by deleting and uninstalling the application on any and all of your devices or by removing the application from your App Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this Agreement, the rights granted to you will automatically terminate, and you may no longer exercise any of those rights or this Agreement. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.

Any provisions of these Terms that by their nature should survive termination shall continue to remain effective, including provisions relating to intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution.

12. Governing Law and Dispute Resolution

12.1 General Disputes

If there is a dispute about something covered by the Terms, it will be handled based on the version of the Terms that applied when the dispute happened. "Dispute" means any dispute, action, or claim relating to any part of the Terms, including those that come up after the Terms or a certain user's account terminates. Stay up to date by checking the Terms.

12.2 Informal Negotiation

If you have any dispute, concern, or claim relating to the Services or these Terms, you agree to first contact us and provide reasonable details regarding the nature of your concern so that we may attempt to resolve the matter informally.

Similarly, if we have any dispute with you, we may contact you using the contact information available to us.

The parties agree to engage in good-faith negotiations for a period of at least sixty (60) days from the date on which written notice of the Dispute is provided by one party to the other.

If the parties are unable to resolve the Dispute through informal negotiations within such period, either party may pursue the dispute resolution methods available under these Terms and applicable laws.

12.3 No Class Actions and Severability

If the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.

12.4 Arbitration of Disputes

If a User and we are in a dispute, other than for those disputes listed below, the User and we agree to first try to resolve the dispute through informal discussions for at least 60 days. Those informal discussions will start when written notice is sent from the User to us or from us to the User. Users and we shall send a notice to each other via email. If, after 60 days, the User and we don't resolve the dispute, the User and we each agree to handle all disputes through binding arbitration by a neutral arbitrator and that the arbitrator has the exclusive right to resolve any dispute, including whether any part of the Terms is void or voidable.

12.5 Governing Law and Forum Choice

You agree that laws of the Republic of Singapore (without giving effect to its conflicts of law principles) will govern these Terms, their subject matter, and their formation. Any dispute arising out of, from, or relating to these Terms or the Services, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be Singapore. The tribunal shall consist of no more than three (3) arbitrators. The language of arbitration shall be English. The initiating party is responsible for filing fees and all other fees. Any disputes that are not subject to the Arbitration Terms or that are severed from any arbitration may only be litigated in any competent courts of Singapore.

13. Miscellaneous

13.1 Entire Agreement

This Agreement and any other document or information referred to in this Agreement constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.

13.2 Severability

You and us agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court or tribunal of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

13.3 Notice

We may notify you via e-mail or any other means of communication to contact you. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Any notices that you provide without compliance with this Section on notices shall have no legal effect.

13.4 No Waiver

Your and our actions or inactions will not create any other rights under this Agreement except as what is explicitly written within this Agreement. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

13.5 Assignment

You may not assign transfer, sublicense, pledge, or delegate any of your rights or obligations under these Terms, by operation of laws or otherwise, without our prior written consent. Any purported assignment by you, without such consent, will be null and of no effect. We reserve the right to assign, transfer, sublicense, pledge or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent.

13.6 Language

This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.

13.7 Third-party Rights

Nothing in this Agreement shall create or confer any rights or any other benefits to third parties.

14. Updates

We may update these Terms from time to time to reflect changes to our Services, legal requirements, or business practices.

If we make material changes, we will provide appropriate notice through the Services or other reasonable means. Your continued use of LumieGames after the updated Terms become effective means that you accept the revised Terms.

15. Contact Us

If you have any questions, comments, or concerns regarding these Terms or LumieGames, please contact us: