This online game service accessible via the website located at moonbear.cn and related URLs (the "Service") is provided by Moonbear Studio.
This agreement ("Agreement") is made between You (the user of the Service) and Us (Moonbear ). Your use of the Service is subject to and governed by this Agreement.
You may not use the Service if you are under the age of 18, if you are not able to form legally binding contracts, or if your membership has been suspended by Us. Please read this Agreement carefully before using or registering for the Service. For purposes of this Agreement, by using or registering for the Service You become a member of the Service (a "Member") and You agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR REGISTER FOR THE SERVICE. WE MAY REVISE THIS AGREEMENT AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE REVISED VERSION OF THIS AGREEMENT ON THE SERVICE. YOUR CONTINUED USE OF THE SERVICE AFTER SUCH NOTICE INDICATES YOUR CONSENT TO THE REVISED AGREEMENT.
By using the Service You represent and warrant that You are at least 18 years old and that You have the authority and capacity to enter into this Agreement. Your membership in the Service is for Your personal use. You may not authorize third parties to use Your membership (including passwords and profiles) and You may not assign or otherwise transfer Your membership to any other person or entity.
If You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration forms ("Membership Data"), and to maintain and update such information to keep it accurate, current and complete. You agree that We may rely on Your Membership Data as accurate, current and complete. You acknowledge that if Your Membership Data is untrue, inaccurate, not current or incomplete in any respect We may terminate this Agreement and Your use of the Service. In such event You shall not be entitled to a refund of any unused fees or charges you have paid to Us (if any). Please note that We do not verify information in Member profiles and We have no control over, do not guarantee, and are not responsible for the quality, truth, accuracy, or legality of any user's Membership Data.
We may elect at any time to charge for the use of all or any portion of the Service. If We do charge for all or a portion of the Service, We will publish a price list that includes the applicable fees and charges. This price list and any associated payment terms are hereby incorporated into this Agreement. We may at any time change any fees or charges for using the Service by posting any new or revised fees or charges on the Service.
You represent and warrant that the information posted in Your profile, including Your photograph, is posted by You and that You own or have all rights necessary to post such information and grant Us the license set forth immediately below. You grant to Us a non-exclusive, perpetual, irrevocable license to use, reproduce, publicly display, publicly perform, distribute, create derivative works of, incorporate into other works, sublicense and otherwise make available the information and content you submit for Your profile, including any photographs. You waive any and all moral rights and any similar rights with respect to such information and content in any jurisdiction in the world. Other members may post copyrighted information and you agree that You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such information posted by other members in violation of such members' proprietary rights.
Use of the Service
You will use the Service in a manner consistent with applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses other than in response to information We request in the information-gathering sections of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services. You will not transmit any chain letters, junk email, or similar items to other members. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor disputes between You and other members as well as all other activity involving You and/or other members that takes place on the Service.
You are solely responsible for the content and information You publish or display ("post") on the Service or transmit to other members via the Service. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually suggestive, threatening, harassing, racially discriminatory, or illegal material, or any material that infringes or violates another party's rights (including intellectual property rights and rights of privacy and publicity). You will not post any photos containing nudity, profanity, or personal information. We reserve the right, but have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and to otherwise remove content from the Service in our sole discretion.
We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted on the Service. You acknowledge that features, parameters or services We provide as part of the Service may change or be discontinued at any time without notice to You. We reserve the right to sign out, terminate, delete or purge Your account and all information and content therein from the Service if it is inactive, meaning that you have not signed in to the Service for a period of time determined by Us.
We may investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate (including conduct offensive to our customer service personnel) or illegal. The following is a partial list of the types of actions that are prohibited under this Agreement:
You will not harass or impersonate any person or entity. You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You will not imply that any of Your statements are endorsed by Us without Our prior written consent. You will not interfere with or disrupt any portion of the Service or related servers or networks connected to the Service. You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not use meta tags or code or other devices containing any reference to Us or the Service or the Website connected to the Service in order to direct any person to any other website for any purpose. You will not modify, adapt, translate, sell, rent, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so. You will not post, email or otherwise transmit via the Service any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.
You will defend, indemnify, and hold Us and Our officers, directors, employees, and agents harmless, for any losses, costs, liabilities and expenses relating to or arising out of Your use of the Service, including: (i) Your breach of this Agreement; (ii) any allegation that any information or content that You submit to Us or transmit to the Service infringes or otherwise violates the copyright, trademark, trade secret, patent or other intellectual property or other rights (including rights of privacy and publicity) of any third party; and (iii) Your activities related to the Service that occur outside of the Service.
If You have a dispute with one or more of Our Members, you release Us (and our officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way related to such dispute.
Opinions, advice, statements, offers, or other information or content made available through the Service by parties other than Us are those of such parties. Such parties are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Service. We shall have the right to remove any such material that in Our sole discretion violates, or is alleged to violate, the law or this Agreement. You are solely responsible for the content of the materials You post in the public areas of the Service and in Your private email messages. Intellectual Property
As between You and Us, all intellectual property rights in and to the Service (other than content or information you post) are and shall be owned by Us. Those rights include database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights. All other trademarks, logos, service marks, company or product names owned by third parties and displayed in the Service are the property of their respective owners.
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
We cannot guarantee that each member of the Service is the required minimum age for any activity, and we shall have no liability for any content, communication or other use or access of the Service by persons under the age of 18 or other required minimum age. You are responsible for verifying the age of other members. Also, it is possible that other members (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that You may be exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You that You post on the Service. Those others may use your information for purposes other than what You intended. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT AND YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE OR $100, WHICHEVER IS GREATER. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE SERVICE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO YOUR COMMUNICATIONS WITH OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.
You consent to receiving email communications initiated by Us or on Our behalf, including: message notification emails, emails informing you about events and parties, emails informing You of changes to the Service and emails informing You of promotions provided by Us or third parties. If you respond to promotions that are provided by third parties and thereby disclose information to such third parties or any third party service providers or grant them permission to collect information about you, their use of your information will be governed by their privacy policies.
This Agreement is governed by the laws of the People's Republic of China. You agree to personal jurisdiction by and exclusive venue in the courts located in the People's Republic of China with regard to any and all claims by you arising out of or related to the Service.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect. This Agreement represents the entire agreement between You and Us regarding your use of the Service and supersedes all other agreements, whether oral or written, regarding such use.