THIS END USER AGREEMENT (“AGREEMENT”) DESCRIBES THE TERMS AND CONDITIONS ON WHICH ELERNITY LIMITED (THE “COMPANY”) OFFERS YOU ACCESS AS AN END USER ON THE SERVICE(S) DEVELOPED BY ELERNITY Limited (“SERVICES”). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON, YOU ACCEPT AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND YOU ACKNOWLEDGE THAT YOU ARE 13 OR OVER ; IN WHICH EVENT, YOU WILL BE GRANTED ACCESS TO THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE “I DO NOT AGREE” BUTTON OR PROMPTLY EXIT THIS PAGE.
The Company offers the Services via a mobile app, and/or website, accessible through the Internet at https://class.101.com/ (the “Web Site”). The Company reserves the right to change the URL address of the Web Site at any time and from time to time without prior notice. To use the Services, you may also need to install certain software, and in such case, the Company will make the relevant Software available at the Web Site (the “Software”). Anyone desiring to use the Service is required to establish an account with the Company (the “Account”). The Company does not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection. The Web Site is an active part of the Service and any use of the Web Site is governed by the same Terms of Agreement and Rules of Conduct.
Subject to the terms of this Agreement, The Company grants to you a revocable, non-exclusive license to use the Service and the Software in connection with the Service. You may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or recompile the Software, or create any derivative works in respect of the Software or the Service, or otherwise use the Software except as expressly provided in this Agreement. Any rights not expressly granted shall be reserved by the Company.
he Services is eligible for users aged 13 or above. By applying for an Account, you confirm that you are at the age of 13 or above and legally permitted to access the Service in your country. In particular, if you are a minor (as defined in your country), you agree that you have obtained consent from your parent(s) or guardian(s), who must complete the registration process and open an Account with you, and that they also accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as “Member(s)”, “User(s), or “Player(s)”. By clicking the “I Agree” button you represent that you have complied with the foregoing. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
At the time your Account is opened, you must choose a name to identify yourself with (“Account ID”). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead others to believe you to be an employee of the Company, or somehow associated with the Company. Furthermore, your Account ID name must not involve anything that may be considered vulgar or offensive, including but not limited to words concerning COVID-19, politics, race, or religion. The Company reserves the right to delete, and/or change, an Account ID that the Company in its sole discretion considers inappropriate. You agree to be fully liable for all activities conducted through your Account or under your Account ID.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. The Company will never ask for your password offline or online, except that you may be required to enter your password directly into a computer system as part of the log-on process and/or verification process. As a matter of good practice, you should change your password regularly and should use a unique password that is not used by you on any other platforms or services.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (“Registration Data”), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend and/or terminate your Account and refuse any and all current or future use of the Services. You are not required to provide the Registration Data, but if you do not do so, you will not be permitted to access the Services.
If your Account(s) has been terminated by the Company, you may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of the Company.
If the Company terminates an Account, the Company may terminate any other Accounts that the Company believes are controlled and/or accessed by the same individuals, including but not limited to considering whether an Account shares the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
Currently, you are permitted to register more than one account. However, the Company reserves the right to limit the number of Accounts you may register.
With a view to ensure that the Services can be enjoyed by everyone and to ensure a safe environment for users, the Company has the right (but not obligation) to remove and/or modify any content, information and/or functionality from the Services without prior notice and/or explanation to any party.
You acknowledge that: (i) by using the Software (if applicable) and the Service you will have access to graphics, sound effects, music, animation-style video and text (collectively, “Content”), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as “Content Providers”). The Company does not pre-screen Content as a matter of policy. The Company has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
You acknowledge that the Company and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with using the Service.
For certain Services, you may be able to upload Content to our servers in various forms. Unless specified otherwise in your transmission, by submitting your Content to within the Services, you automatically grant (or you warrant that the owner of such Content has expressly granted) to the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree not to use the Service to: (i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights; (ii) impersonate any person or entity, including, but not limited to, the Company's employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) upload, post, e-mail or otherwise transmit Content as determined by the Company at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (viii) “stalk” or otherwise harass another member.
All Members must use the client program (e.g. apps or Software) provided by the Company. The Company periodically updates the client program as well, and all users are required to use the latest version of the client program to access the Services. Modification of the client program of the Services is strictly prohibited. Any violations may result the termination of your Account.
Members are prohibited from exploiting any programming bugs in the Services, on the Web Site, and/or within the Company's system. Any violations may result the termination of Account.
For some Services, certain parts of the Services may use third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
The Company has designed the Services for personally entertainment purposes only. You agree to access and use the Services only as offered by the Company via official channels (e.g. app and/or Web Site) and not through any other means. You further agree not to create or provide any other means through which the Services may be accessed by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Services, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any Account, Virtual Items, characters, items, coin or copyrighted material.
(a) Ownership. The Company is the intellectual property owner of the Services and the Web Site. Any copyrights, trademarks, and patent rights, trade secrets, and other intellectual property rights, as well as all the content relating to Services (including but not limited to texts, images, audios, videos, charts, interfaces and layout designs, relevant data or electronic documents, etc.) belong to the Company. Without the Company’s written consent or permit, you and anyone access the Services via your Account shall not copy, download or permit any third party to implement, utilize, or transfer the above intellectual property rights.
(b) If the Services allow you to upload content, no intellectual property rights or rights of portrait associated with the content uploaded or published by you via the Services will be transferred by uploading or publishing such content. However, you acknowledge and agree that, to the extent permitted by laws, the Company is granted the right to use the non-confidential content published by you for providing users with particular functions, including but not limited to storage, displaying to relevant users, and granting others the right to use the Content. Similarly, other users or third parties are the intellectual property owners of the content they published on the Services. Without authorization by other such users or third parties, you will not obtain the intellectual property rights by downloading such content.
(c) If you or anyone who access the Services via your Account infringes upon the intellectual property rights of the Company or other users or third parties during the use of the Services, the Company may impose certain restrictions on your access to the Service. You may also be held liable for damages under civil and/or criminal legal proceedings.
The age rating of the Services has been determined appropriately on the relevant app store and/or Web Site, and you should take note of this before accessing the Services to ensure that it is appropriate. In particular, if you share a device and/or Account with a minor, you must ensure that the minor is not able to access the Services, or you consider that it is appropriate for the said minor to access the Service. Furthermore, as the Company does not as a matter of policy pre-screen any user generated content within the Services, there could be content on the Services that one may consider inappropriate and/or offensive.
(a) The Company reserves the right to interrupt and/or suspend the Service from time to time on a regularly
scheduled
basis or otherwise with or without prior notice in order to perform maintenance.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of the Company, and
the Company
cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. As
the
service interruption can be caused by reasons beyond the control of the Company, you understand that whilst the
Company
will try to resolve the interruption as soon as possible, the Company shall not be liable for any interruption.
(c) The Company shall not be obligated to refund any and all portion of any Virtual Items purchases or
Account fees (if
any) by reason of any interruption of the Service and by reason of any of the circumstances described in
paragraph (a)
or (b) of this provision.
(d) The Company reserves the right to permanently terminate the provision of the Services with or without
prior notice
to you. You agree that if the Service is terminated, you are not entitled to any reimbursement or refund of any
fees
paid for the purchases of any Virtual Items or unused access time.
THE COMPANY PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, AND ALL OTHER SERVICES ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICE OR YOUR ACCOUNT, WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE OR YOUR ACCOUNT WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SERVICE, OR YOUR ACCOUNT WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICE, AND YOUR ACCOUNT. YOU SHOULD NOT USE THE SERVICE IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. THE COMPANY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
(a) THE MAXIMUM AMOUNT AND THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO
THE
COMPANY FOR THE TOTAL PURCHASE OF VIRTUAL ITEMS IN AND WITHIN THE SAME MONTH OF THE EVENT CAUSING LIABILITY. IN
NO EVENT
SHALL THE COMPANY, OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY
DAMAGES, INCLUDING WITHOUT LIMITATIONS, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT,
STRICT
LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT,
WHETHER
OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some jurisdictions do not
allow the
foregoing limitations of liability, so they may not apply to you.
(b) If you purchased a Virtual Item, you agree to release any and all liabilities of the Company related to
your
purchase and use of the Virtual Item, except that the Company is responsible for providing such Virtual Item to
your
Account in relevant Service.
(c) You agree to release any and all liabilities of the Company related to any computer virus infection to
your
computer, whether it is though the Company's server or third party activities.
(d) You agree that the Company will not be held responsible or liable for anything that occurs or results
from accessing
or subscribing to the Services.
YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY THIRD PARTIES (SUCH AS USER MESSAGE BOARD) AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL. IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THOUGH THE SERVICE.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE SERVICES AND INTERNET GENERALLY. THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH HYPERLINKS OR IN ANY OTHER FORMS. If your rights are violated, the company will do its utmost to assist in providing information that you may need for subsequent rights protection.
AT THE COMPANY'S REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, ITS LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER MEMBERS OF THE SERVICE, FROM ALL DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING LEGAL FEES AND COSTS, WHICH THE COMPANY MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OF THE SERVICE OR ANY BREACH OF THIS AGREEMENT BY YOU.
(a) The Company may terminate this Agreement (including your Software license and Account) immediately and
without
notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if
the
Company are unable to verify or authenticate any information you provide to us, or upon using the Service in any
manner
which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Services as described
in the
Rules of Conduct. If the Company terminates this Agreement under any circumstances, you will lose access to your
Account
without refund of any fees paid for the purchases of any Game Items.
(b) You agree that if the Service or your Account is terminated or cancelled for any reasons or length of
time, you are
not entitled to any reimbursement or refund of any fees paid for the purchases of any Virtual Items or unused
access
time.
You hereby agree that the Company would be irreparably damages if the terms of this Agreement were not specifically enforced, and therefore you agree, that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breaches of this Agreement, in addition to such other remedies as the Company may otherwise have available to it under applicable laws.
Should any party institutes any action or proceeding at law or in equity to enforce any provision of this Agreement, including an action for declaratory relief, or for damages by reason of an alleged breach of any provision of this Agreement, or otherwise in connection with this Agreement, or any provision of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable legal fees and costs for services rendered to the prevailing party in that action or proceeding.
You hereby acknowledge and agree that the Company would suffer irreparable harm if this Agreement was not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that the Company shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration proceedings. Such informal negotiations commence upon written notice from one person to the other. The Company will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to the Company via email to [ hysupport@101.com.].
If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by the Company and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without written permission of the Company. This Agreement sets forth the entire understanding and agreement between the Company and you with respect to the Company, and the Service, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of the Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the Company. All notice given by you or required under this Agreement shall be emailed to [ hysupport@101.com.].
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS BY PRESSING THE “I AGREE” BUTTON BELOW AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS (INCLUDING THE PRIVACY POLICY), YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICE BY PRESSING THE “I DO NOT AGREE” BUTTON BELOW AND YOU WILL NOT BE PERMITTED TO ACCESS THE SERVICES.
For any questions concerning this Agreement, you may contact the Company at the following address: hysupport@101.com.
Date of Last Revision: 2020.7.13