Game User Agreement

You are now reading our User Agreement (“Agreement”) which is a legal agreement between you and FRASER GAMES INC. (“Fraser Games”, we”, “us”, “our”, as appropriate) regarding the Services you use from us. “Services” means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. “Game” means our game that you download and access that is subject to this Agreement, regardless of where you download and/or access it.

To ensure your relevant rights while using the Services, be sure to carefully read the following regulations before you register to and log in to use our Services, particularly those pertaining to exemption and liability of responsibility. In addition, as the terms herein are subject to change at any time, we encourage you to check them regularly so as to ensure your rights and interests.

Due to legal or technical reasons, or due to changes to our business, the Services will be updated from time to time. We reserve the right to amend, modify or revise this Agreement at any time, and we will from time to time make amendments to this Agreement, and such amendments form part of this Agreement. Once we update this Agreement, we will issue an updated version and notify you in an appropriate way. Please ensure that you carefully read the updated Agreement. If you disagree with any revised terms of the Agreement, you should immediately terminate usage of the Services. If you continue to log in to or use the Services, you will be deemed to have recognized and accepted the revised terms of the Agreement.

Article 1 – Fraser Games Account & Password

1. You may be required to register or have a Fraser Games Account and set up a password in order to use the Fraser Games Services. To create an Account, you will be required to register as a user and accept this Agreement. If you do not accept the related terms, you will not be able to create an Account.

2. When registering as a user, you agree that you will:

  • provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process.
  • maintain and promptly update your personal information and keep your personal information accurate, up-to-date and complete.

If you don’t, we may suspend or terminate your Game Account. You cannot use a username which is already allocated to another user, and the precondition to use the Services is that you do not choose a username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. 

Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable username if, in our discretion, we consider that your username (or its use) is offensive or otherwise breaches the user terms in any way.

Please note that you may also be able to play the Game without creating a Game Account, but you may not be able to access certain parts of the Game, and your Game data may be deleted if you uninstall or otherwise delete the Game.

1. You agree to provide accurate and complete registration information, and you are not suggested to create an account name that reflects your real name or other personal information. You shall be responsible for keeping your Account secure and confidential (including but not limited to usernames, passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.

2. Account is unique as well as important to each user. You are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your Account. You shall not use other user(s)’ Account(s) at any time. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including but not limited to terminate your Account immediately without any refund.

3. We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of the terms between Fraser Games and you. Besides, you will not be permitted to re-register as a user without our express permission.

4. You are responsible for maintaining the confidentiality of your Account information and if any third-parties uses your Account or otherwise access to your Account, you may not claim compensation from Fraser Games. Besides, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify Fraser Games immediately. Fraser Games will regard all use of your Account as being by you, except where Fraser Games have received and acknowledged your notification.

5. Our staff (including customer service representatives, game managers, etc.) will never ask you for your password. You are fully responsible for keeping your game account and password safe. If you fail to take the proper precautions and your account and password are used illegally, any such act will be attributed to the user and you will be held responsible.

6. You should protect the safety of your account and password, and not divulge either under any circumstances whatsoever. If you discover that a third party has illegally used your account or if it is otherwise used without your explicit consent, or if your account’s security has been compromised, you should inform us immediately. Once we have verified and confirmed that your account has been used without your consent, we may terminate the use of this account and password combination and provide you with a way to change your password via e-mail or another form of contact. Should a third party not agree with how we handle such issues, it can instead be reported to the authorities to be handled via judicial channels. You shall bear all the legal responsibilities should your claim be untrue and it damages the rights of us or a third party.

7. If you forget your password, you should notify us at once and follow our instructions. We shall not be responsible for any losses (including virtual items (currency), points you attain in the game, game progress, and content you post in the game) incurred by you forgetting your password.

8. Should your device’s model change, or if it changes for any reason, and you wish to continue using your account on the new device, you should follow our procedures.

9. You have the rights to apply for your account to be deleted, but you may only delete your own account, and should do so according to the guidelines (e.g., contacting customer support) provided by this Service, and you should ensure that you meet the platform’s related terms for account deletion. You will still be held responsible for your actions taken during the use of this Service before the deletion of your account. You understand that if you request to have your account deleted, or if we delete your account in accordance with the terms of this Agreement, you will no longer be able to access the data for any game (including but not limited to levels and score achieved in game, or any virtual items (currency) associated with your account) on the platform previously associated with your account. You may also choose to unlink the association between your account and any one or several games of your choosing on the platform. Should you do so, you may still use your account to log in to other games, but you may no longer access any data of the game or games you unlinked (same as above parenthesis).

Article 2 – Statement

1. You acknowledge that the BELOW STATEMENT would change at any time if any protection of Minors policy in your country/region undergoes changes.

2. You represent that you are over 16 years old when using the Services. If you are seen as underage according to the laws of the area where you are accessing the Services from, your parent or legal guardian has reviewed and agreed to the terms of this Agreement, and that your parent or legal guardian consents to your access and usage of our Services.

3. Once you register to an account on our platform and log in, we presume that you meet the required age of relevant laws and regulations for the usage of our Services. If we become aware that we have obtained personal information from a child, we will delete such information in accordance with applicable law.

Article 3 – Application Scope of the Agreement 

1. As for the Services we provide, the rights and obligations of the Services between you and us shall be in accordance with the terms of this Agreement.

2. The actual game management rules and regulations can be found on the platform or in the game, and such game management rules and regulations form part of this Agreement. You should also comply with these rules and regulations for each game you choose to access and/or play.

Article 4 – Scope of Services

1. The Services as provided by this Agreement pertains to all content generated by the game program after you download and access the game program on your personal computer, mobile device or other carrier, and with which you use to log in to the game over the Internet to play said game. However, this does not include your application to access Internet services to an Internet service provider, and the provision of hardware required to access Internet services. You shall be responsible for expenses pertaining to the aforementioned arising from the usage of the Services.

2. The cost of any in-game virtual items (currency) (as defined in Article 8) that you may purchase are handled by Google Play in-app billing (for Android users) and in-app purchases (for Apple iOS users). Our payment processing partners may have their own terms and conditions, and you should ensure that you agree to these terms and conditions prior to making a payment. Should your transaction with our payment processing partner fail, your purchase will not be completed. Once your payment transaction has been completed, we will endeavor to complete your purchase and order as soon as possible.

Article 5 – Personal Information

1. We take very seriously the protection of our users’ personal information. We will adopt safety technology and other safety measures that match the Services, and establish a comprehensive management system to protect your personal information and prevent your personal information from being improperly used, from any unauthorized access and usage, or from being divulged.

2. The protection of personal information shall be handled in accordance with relevant laws and regulations. We may use your personal information within the scope required to fulfill this Agreement.

3. You agree that we may create membership statistics based on your personal information. As long as statistics do not involve the disclosure of your personal identity, you agree and allow us to use them for any legal and public purposes.

4. We may disclose your personal information or game data in accordance with the law should any of the following situations require it:

  • At the requirement of legal and related authorities.
  • To protect our property and rights and interests.
  • To protect the personal safety of our staff or public in case of an emergency.
  • When a third party applies for access to game data associated with the third party.
  • To obey any applicable laws or regulations.

5. We have formulated an independent Privacy Policy to protect your privacy and standardize the use of personal information. Kindly read carefully said Privacy Policy.

Article 6 – Playing Our Games with Other Users

1. Some of our games allow you to play against an opponent or to play socially with other users. You may be able to choose to play against another user or to play social with another user whom Fraser Games select for you, or play against, or play socially with, one of your contacts on a platform or social network which you have allowed our games or services to interact with. Some of our games may also allow you to search for your friends (by user names or by emails, etc.) in order to find them to play against or socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

2. Where Fraser Games selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (your past scores, your country, or the level you have reached in the game or your other gameplay activities, etc.).

3. By accessing and/or playing our games you agree that our display name, scores, avatar, country location, online/offline status and other related details may be displayed in and all media (whether it exists now or in the future), for any purpose, in perpetuity without any payment to you. You also understand and agree that other users may find you by searching for you with your email address or username. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.

4. Some of your games may include functionality that may allow you to participate in text/and or video chat with other users.

Article 7 – Virtual In-game Items (Currency)

1. The game may contain virtual currency, such as coins, gold, and points, or virtual items or services (hereinafter referred to as virtual items (currency) that may be used within the game. You do not own virtual items (currency), instead you have a limited revocable license to use them. You may not distribute, lend, or otherwise transfer virtual items (currency) to a third party.

2. You understand and agree to the calculation method for the cost and usage of virtual items (currency). Virtual items (currency) purchased will be deducted first, and only once these virtual items (currency) have been deducted, will virtual items (currency) obtained for free be deducted.

3. If you are an adult according to the laws of the area where you are accessing the Services from, you may purchase virtual items (currency) with real-life currency and/or other credit cards. You agree that virtual items (currency) may never be exchanged for real-life money, physical goods or real-life services. You may only receive virtual items (currency) from us, and not from any third party.

4. You agree that all virtual items (currency) obtained from us are irrevocable, and due to the special nature of online game services, there is no physical goods transaction, and your purchasing experience comes from online game services provided by the game manufacturer. Therefore, refund is not applicable unless otherwise prescribed by mandatory provisions in law

5. We reserve the right to control, supervise, change, or delete any virtual items (currency) without being held responsible to you. If we suspend or terminate your account in accordance with this Agreement, you will lose any virtual items (currency) you may have, and we will not compensate you for any losses incurred.

6. You understand and agree that changes or adjustments to paid items or payment standards of the game Service is normal business behavior, and you shall not request compensation for any such changes or adjustments.

Article 8 – Operation & User Responsibilities

1. While providing the Services in accordance with the terms of this Agreement, we shall maintain our computer systems and provide security that can reasonably be expected based on technology and professionalism at the time.

2. You shall abide by applicable laws of the area where you are accessing the Services from. If any law applicable to you restricts or prohibits you from using the Services, you shall comply with any such legal restrictions or, if applicable, stop accessing and/or using the Services. You promise that any information you provide us pertaining to the access of the Services is true, accurate and complete.

3. Information, data, applications, sound, images, graphs, videos, labels or other materials you or other users send, upload, exchange, transmit, or otherwise provide via this Service (hereinafter referred to as ‘Content’). You understand and agree that any Content you may send while using the Services, whether published publicly or sent privately, is the sole responsibility of the Content sender. This means that you, not us, are fully responsible for any Content uploaded, exchanged, or transmitted or otherwise provided via this Service. If we consider any Content uploaded via the Services violates any part of the terms of this Agreement, or said Content harms the reputation of Us or the Services, we reserve the right to delete said Content.

4. You may not upload, disseminate or otherwise provide any of the following Content:

  • Any Content that is illegal, harmful, harassing, defamatory, slandering, obscene or otherwise objectionable in nature.
  • Any Content that infringes on the privacy of others.
  • Any Content that incites violence or racial/ethnic hatred.
  • Any Content that infringes upon the intellectual property rights or other exclusive rights of others.
  • Any Content that contains unsolicited or unauthorized advertising, promotional materials, [spam mail], [spam advertising mail], or any other form of solicitation.
  • Any Content containing software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication device.
  • Any Content that violates any applicable laws or regulations.

5. You may not perform the following actions:

  • Use the Services to harm, offend, or harass anyone.
  • Use the Services for fraudulent or abusive purposes (including but not limited to using the Services to impersonate any person or entity, or otherwise misrepresent your relationship with any person, entity or the Services).
  • Use the Services for any commercial or business purposes, or for the benefit of any third party, or to send unsolicited messages.
  • Impede or obstruct the Services or the servers or network the Services uses.
  • Attempt to decompile, reverse engineer, disassemble or hack the Services, or compromise any encryption technology, security measures or data we transmit, process or store, or otherwise disrupt the normal running or the fairness of the game.
  • To under a fake name, with fraudulent behavior, or in other false ways pay for the purchase of points or virtual items (currency).
  • Refund without proper reason, i.e., to refund after having purchased and used in-game virtual items (currency).
  • Transfer, agree to sell or trade any account without authorization.
  • Collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission.
  • Use the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services.
  • Use the Services in violation of any applicable laws or regulations.

6. If we reasonably believe that you have seriously violated these terms (including multiple minor violations), we reserve the right to suspend or terminate your use of the Service (including deletion of your account), and immediately terminate this Agreement. Without limitation, any violation of the terms of this Agreement may be deemed as a serious violation. You understand that you have no right to ask us for a refund should this Agreement be terminated. You agree to compensate Us for all losses, damages, claims and expenses incurred from violating the terms of this Agreement.

Article 9 – Information Disclosure

1. We may provide game-related information on the platform.

2. You have no right to request that we provide or disclose internal information pertaining to the scoring method of the Services or the probability of virtual item drops and acquisitions unless otherwise prescribed by mandatory provisions in law.

3. All data available when you play the game, including but not limited to characters, gear, items, monster abilities or other similar information, is designed by the game company. We may make appropriate adjustments to related parameters to ensure the game’s fairness, and announce any such adjustments.

Article 10 – Game Updates & Suspension

1. You understand that the Services or game is an ongoing development. We will provide software updates or changes from time to time to improve the user experience and the Services, and may as such request that you accept updates to the game or Services installed on your device. You understand and agree that we may update the game or Services without notifying you. You may need to update third-party software from time to time to access the game or Services. You have the right to choose whether to accept game or Services updates. If you do not accept an update, some functions may be restricted or unavailable to you.

2. We may change all or part of the game or Services Content at any time and for any reason, or suspend or terminate the provision of the game or Service without prior notice to you.

3. Should any of the following situations occur, we may suspend or terminate the provision of the game and Services without prior notice to you:

  • If we are unable to provide the game or Services due to natural disasters such as earthquakes, tsunamis, typhoons, lightning, rainstorms or floods, or due to fire, power failure or other unforeseen events or circumstances, war, conflict, riot, unrest or labor dispute.
  • If we are unable to provide the game or Services due to regular or emergency maintenance of the system, maintenance required to provide the game or Services or network system overload and issues of the provider.
  • And in addition to the above, when we determine it necessary to suspend or terminate the provision of the game or Service.
  • We shall not be held liable for any loss incurred by you as a result of changes, suspension or termination of the game or Services described in this article, except for situations attributable to us.
  • If you do not log in to or use the Services during a one-year period, we may notify you to log in within fifteen days. Should you not log in to the Services within that time frame, we may terminate this Agreement.

Article 11 – Terminating Operation

Should this Agreement be terminated because we terminate the operation of the game Services, we will, to ensure the legitimate rights and interests of our users, deal with matters related to the termination of the game operation in accordance with relevant laws and regulations, including but not limited to announcing said termination on the main page of our website, on the in-game login menu, or purchase menu prior to the termination. Virtual items (currency) you have not yet used or game Services that have not yet expired, may on our discretion be returned to you in a legal currency or in another way of your acceptance, according to the rate at the time of your purchase.

Article 12 – Intellectual Property Rights

1. Our Service including our Content and Games is owned by us or our licensors. Our Services may let you upload, post and store photos and other content that you own. You retain your ownership of this content, to which we take a license.  

2. Game software, manuals, and all related merchandize products are protected by copyright law and belong to us. To be specific, any materials that are part of the Fraser Games Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the Fraser Games Services) are protected by applicable laws from unauthorized use and shall not be copied, reproduced or modified in part or in whole in any way without our express permission. You may not use the game to create any merchandize products without our prior written consent.

3. You shall not in any way provide operation (or hosting) services of the game, intermediate services or obstruct, simulate or reset it. Related prohibited methods include but are not limited to setting up private servers, reverse engineering, modifying the game, or adding new mods, or using certain tool programs to provide operation (or hosting) services of the game.

4. The intellectual property rights of any data information (if any), except for your personal information, generated on our servers during your participation in the game belong to Us. You have limited usage rights to game data information while you use the game software and Service in accordance with this Agreement.

5. Fraser Games remains the sole owner of rights, titles and interests (including intellectual property rights, neighbouring rights and other rights and interests) in and to the Fraser Games Services. You acknowledge and agree that you may not have any right or interest as a result of using the Fraser Games Services, except explicitly granted to you under this Agreement. 

6. Fraser Games respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Article 13 – Responsibility Limitations

1. We will provide our Services with the same skill and care as other similar website service providers. If you have any issues with or if you are unsatisfied with our Services, you may contact us for discourse or you may stop using our Services. We assume no responsibility for any interruptions or errors you encounter while accessing our Services, unless otherwise agreed in this Agreement

2. We are not responsible for any of the following:

  • Losses or damages not caused by our violating any clause or by negligence.
  • Losses or damages neither you nor we may reasonably foresee at the time of your agreeing to these terms or articles, including losses incurred as a side effect of foreseeable losses. These may include data losses, opportunity losses, service interruption, computer or other device failures or financial losses.
  • Any losses or increase in losses caused by your violating any of these terms or articles.
  • Losses or damages arising from technical failures or the availability of our website, games and/or social media channels that are not within our reasonable control.
  • We might provide third-party websites or links to resources in our Services, but we do not guarantee and assume no responsibility regarding the authenticity and validity of content, advertisement, services, and product information on any such link.

3. We are only responsible for losses and damages with reasonably foreseeable consequences arising from our negligence or violation of these terms and articles, with the maximum amount being the amount you had paid us within 90 days prior to the date at which you made the claim. Foreseeable losses and losses refer to losses or damages which you and us may think of when you agree to these terms and articles.

4. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice such rights that you may have as a consumer of the Services.

Article 14 – Severability

If any part of this Agreement is deemed to be invalid or unenforceable under any applicable law or by an applicable court, that part shall be interpreted so that it remains consistent with the applicable laws, while reflecting our original intent to the greatest degree possible. The rest of this Agreement shall remain valid and enforceable.

Article 15 – Waiving of Rights

Our failure to exercise or enforce any of the rights in this Agreement does not mean that we waiver any such rights. Any waiver of such rights shall be effective only in written form signed by us.

Article 16 – Governing Law

This Agreement shall be governed by and construed under the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites, Apps and/or the Content must and will be venued exclusively in Vancouver, BC, Canada.

Article 17 – Limitation on Claims

To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the Fraser Games Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.

Article 18 – No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of Fraser Games. Otherwise, Fraser Games may, in its sole discretion, terminate providing any services to you without prior notice. Notwithstanding the foregoing, Fraser Games shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

Article 19 – Others

1. We solemnly remind you to take note of the terms in this Agreement which exempt us from liability and restricts the rights of users. Be sure to read the Agreement carefully and consider the risks.

2. Should any term of this Agreement be invalid or unenforceable for any reason whatsoever, the remaining terms shall remain valid and binding on both parties.

3. The terms listed in this Agreement may not fully cover all rights and obligations between us and you. The privacy policy, statements, and information announced by us shall be regarded as supplementary terms and inseparable parts to this Agreement, and have the same legal effect as this Agreement.