NGames游戏平台为诺游互动有限公司（以下简称“诺游互动”）旗下之服务平台，为提供更完善以及多元的服务及商品，在法令许可下，在此将依个人资料保护法之规定对您的个人资料搜集、使用、管理，及提供您的资料 给服务供应商或关系企业，以确保提供给您更好的服务质量，并致力监管及确保员工在处理资料时有绝对的严谨及保密性。

1.搜集个人资料的目的
使用NGames游戏平台时，可能会需求提供一些个人资料，以继续使用NGames游戏平台之会员相关服务，其主要搜集个人资料的目的如下：
(1)核实NGames会员持有人身份 – 因而在登记时需向阁下搜集诸如姓名、身份证号码、地址、电邮等资料。
(2)提供NGames游戏平台的服务及支援 - 这些资料包括联络资料（地址或电邮等），而为配合您要求的服务或支援，这些资料亦会用于为您提供产品和服务等最新资料。 
(3)在讨论区发表意见或者就调查作出回答 - 本公司将搜集电邮地址或姓名。
(4)为提供优质的服务进行数据统计 - 有关服务的使用资料可能被用于综合统计数据和进行分析，有利本公司制订最适合用户而且最容易使用的内容。
(5)市场推广用途 – 包括直接联您，或透过其他途径将最新消息通知您。我们致力遵循公司严格指引，挑选信誉良好的伙伴提供服务，但本公司的隐私保障并不涵盖您直接向第三方（网 上拍卖的买方 / 卖方、网上商店或其他连结网站）提供的资料，诺游互动建议您在提供任何个人资料之前，先向有关方面咨询其守则及指引。
2.搜集的资料内容类别
(1)基本资料：如姓名、性别、出生年月日、身分证统一编号、护照号、电话、地址、电子邮件信箱、婚姻、家庭状况、法定监护人姓名，或其他得以直接或间接识别您个人之资料；并于必要时，将要求提供正本或复印件查核。
(2)帐务资料：如金融机构账号、信用卡号、交易往来信息，以及其他财务情况等；并于必要时，将要求提供正本或复印件查核。
3.个人资料利用期间
诺游互动得于营运期间内使用您的资料。
4.个人资料利用地区
诺游互动利用您的个人资料区域为全球。
5.透露所收集到的资料
您确认并授权诺游互动保留并储存您提供的所有资料并置于本公司一个或多个数据库中。我们将会按照严格的保安和保密标准对这些数据库内的所有资料维持全面控制和保护，并不会透露给第三方，但以下人士或机构除外：
(1)曾经接受正式训练处理客户资料并获授权之诺游互动僱员。
(2)提供支援服务的第三方服务供应商。这些供应商受合同约束须遵守本文所列的隐私标准。
(3)诺游互动按适用的法律、政府或监管规定需要向之透露资料的任何人士。
(4)在公司业务重整、重组或类似情况发生时，任何获本公司利益的受托人或承让人。
(5)您透过NGames平台服务与之交易的人士或机构，如金流服务、银行、金融或其他机构等。
(6)诺游互动如遇有下列情形，将保留公开您个人信息的权利予特定人：
(a)诺游互动有足够理由相信揭露该信息系属辨识或与您连络所必要。
(b)违反诺游互动网站或产品之使用者条款等时；或因您的行为对于诺游互动之网站、权利、产品、其他用户造成损害或干扰时；或受损害干扰人因而对您采取法律行动时。
(c)诺游互动有足够理由相信您涉及诈欺，或其他违法、违约行为时。
(7)您所发现任何与诺游互动网站连结的广告商或其他网站也有可能会搜集您的个人资料，本隐私权政策并无适用该广告商或其他网站，也无法控制它们的行为。
6.不提供资料或提供不真实资料的影响
(1)加入诺游互动网站会员或申请其他服务时，而有必须填入个人资料时，若您所提供的资料，经他人检举或诺游互动发现不足以确认您的身分真实性， 诺游互动得暂停对您的服务；倘经您的补正后，若能确认真实性诺游互动将恢复您的服务，若仍无法确认您的身分真实性，诺游互动将无法处理您的请求。
(2)于加入诺游互动网站会员或申请其他服务时，有得任意填入个人资料部分时，您可以自由选择是否提供，但您同时也可能将无法使用需要注册或需要 相关资料方得使用之服务或特定产品（如订阅电子报、生日优惠等）；此外若有发生账号遭冒用、资料遭盗用时，因您未提供或提供不实资料情形时，以致于无法确 认您的身分真实性，诺游互动将无法处理您的请求。
7.用户的选择

诺游互动会不定期透过电邮向用户提供最新消息或在未经您要求而发生的通讯。倘若您以后不欲再接收在未经您要求而发出的通讯时，您可以电邮联络我们的 客户关系人员，他们将会把您姓名从上述通讯的联络名单中删除。我们只会为提供客户服务而保留您的联络详情，例如通知您最新优惠，有关会员服务之改动等等。

8.使用"Cookies"收集资料

我们可能使用「Cookies档案」收集用户对服务的使用资料，这样有助于用户再度到访网站时之用。「Cookies档案」是由网络服务器发出的一 小段资料，储存于网络浏览器之中，使日后可从该浏览器阅读该段资料。目前，从Cookies档案收集到的资料用于提高服务的功能。诺游互动服务所提供的资 料，是根据本公司就用户对服务的累积使用进行分析，然后加以组织和编排的。Cookies档案有助同时能使登入程序更顺畅更快捷，以及保存通话期之间的资 料。

您可以关闭您浏览器上的Cookies档案功能而不影响到您浏览本公司网站，但Cookies档案确实可使我们服务更方便。关闭Cookies档案 功能可能会造成使用的复杂程度和涉及较多的输入手续。您亦应留意，若您清除Cookies档案功能，，则可能影响到诺游互动服务的某些功能。

9.资料保安

我们关注到所收集资料的保安，并已落实措施防止他人擅自查阅或使用该等资料。诺游互动的系统使用适当的保安规约进行鉴别和授权，以保障电子通讯的安全性。尽管如此，对于任何违反保安措施或擅自透露或使用该等资料，我们概不负责。

10.用户张贴注意
任何在NGames游戏平台可被一般公众进入的地方，都有可能会被搜寻器索引得到。
若你选择于公众可进入的地方披露个人资料，用户应加倍小心注意。
11.私隐政策的更新

我们非常关心用户的私隐问题，并且知道当本公司提供新的功能或商业服务时，有需要更新本政策，我们会在修改本政策前通知用户有关修改。

12.其他权利
您的个人资料，在经过诺游互动确认系本人下，得主张请求如下事项：
(1)查询本公司有否持有您任何个人资料，
(2)查阅本公司所持有的您的资料，
(3)要求更正您的资料，
(4)查明本公司在持有的资料及资料类型方面不时实行的政策及惯例，
(5)禁止查阅或使用您的资料，并要求获知诺游互动就任何上述要求所采取的行动，诺游互动会保留权利就遵循上述的要求而收取合理的费用。

 

 

END USER AGREEMENT

THIS END USER AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON OR PROMPTLY EXIT THIS PAGE.

1. TERMS OF AGREEMENT

(a) Terms of Agreement.Ngames (THE "Company") offers to allow you to play its multi-player online computer games ("Ngames Games") which so far include Fairy Story condi-tioned upon your agreement to all of the terms and conditions contained in this Agreement. Your use of Ngames Games constitute your agreement to all such terms and conditions. To confirm your agreement, you should click on the "I Agree" button at the end of this Agreement. If you do not so agree, you should click on the "I Do Not Agree" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to play Ngames Games. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact our Company customer service by visiting the following link:Ngames

(b) Amendments. The Company may amend, update, modify or correct this Agreement, or modify the Rules of Conduct at any time in its sole discretion without any obligation to inform the User of the amendment or changes by posting the amended Agreement or modified Rules of Conduct at Ngames. Amendments or changes to the Agreement will be effective immediately after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of Ngames Games after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Conduct periodically so you will be familiar with their content as amended or modified from time to time.

2. DESCRIPTION OF SERVICE

The Company offers Ngames Games as online role-playing games services (the "Services") accessible through the Internet at " Ngames " (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 will need to install software, which The Company makes available from the Web Site (the "Software"). Anyone desiring to use the Services is required to establish an account with The Company (the "Passport"). The Company does not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection. The Web Site located at Ngames is an active part of the Services and any use of the web Site is governed by the same Terms of Agreement and Rules of Conduct.

3. LICENSE TO USE

Subject to the terms of this Agreement, The Company grants to you a non-exclusive license to use the Services, and a non-exclusive license to use the Software in connection with the Services. 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 Services, or otherwise use the Software except as expressly provided in this Agreement.

4. ACCOUNT

(a) Eligibility. Passports are available only to adult individuals eighteen (18) years of age or older. If you are less than 18 years of age and wish to use the Services, your parent(s) or guardian(s) must complete the registration process, open an Passport in their name(s), and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Passport 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 are an adult 18 years of age or older. Only one person may use an Passport. The registered User of an Passport may use the Passport or may choose instead to permit a minor child of the registered User to use the Passport. You are liable for all activities conducted through your Passport, and parents or guardians are liable for all activities of their minor child conducted through the Passport.

(b) Passport ID. At the time your Passport is opened, you must choose a name to identify yourself to The Company staff (your "Passport ID"). You may not select as your Passport 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 other Members to believe you to be an employee of The Company, or which The Company deems in its discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or to change, any vulgar or otherwise offensive Passport ID. You have sole liability for all activities conducted through your Passport or under your Passport ID.

(c) Passport. By agreeing to the User Agreement you agree that you do not own the Passport you use to access the Services, the characters The Company stores on The Company servers, the game items in the Passport, or any other data which the servers and accounts are comprised of. The Passport, characters, game items, and any other data which the servers and accounts are comprised of, are properties of The Company.

(d) Character Name. In order to use the Services, you must create a character in anyone of The Games and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name 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 other Members to believe you to be an employee of The Company, or which The Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or alter any vulgar or otherwise offensive Character Name. Only ASCII characters are allowed for any character names in the Game. No Unicode is allowed.

(e)Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names. While accessing the Services, it is possible to name your pledge, grant titles to individual members, grant a title to your own character, name NPCs, or name a guild. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC (non-player character) that is 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 other Members to believe you to be an employee of The Company, or which The Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Name. Only ASCII characters are allowed for any names in the Game. No Unicode is allowed.

(f) Passwords. At the time your Passport 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 Passport and Passport 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 will be required to enter your password as part of the log-on process, or when you are requesting the company to perform certain service that requires your password authentication, in which case you will only send your password to designated company email address or company website.

(g) Registration Obligations. 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 or terminate your Passport and refuse any and all current or future use of the Service.

(h) Former Members. Members whose Passports have been terminated by The Company may not access the Service in any manner or for any reason, including through any other Passport, without the express written permission of The Company.

(i) Related Passports. If The Company terminates an Passport, The Company may terminate any other Passports that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Passport.

(j) Multiple Passports. Currently, each Player, User, or Member is permitted to register more than one account. However, The Company reserves the right to limit the number of Passports each Player may register.

(k) Right To Monitor and Remove Unacceptable Contents. The Company has the right, but not the duty, to review and monitor all content submitted for or included on the Services, and in its sole discretion to remove any content that the Company finds objectionable for any reason, without any prior notice to the Member.

5. SERVICE FEE

For the Games which are free to play. You do not need to pay any service fee to play unless you want to buy the Game Items. However, the Company is not responsible for any other fees or costs you paid or may have to pay in order to play the Games, including, but not limited to, fees to access the internet; fees charged by a location such as a cyber cafe, arcade, or other location; or costs of computer hardware or software.

For the Games which are not free to play, you will be required to pay a certain amount of monthly fee to play (In the mode, all Game Items are available in game). The Company is also not responsible for any other fees or costs you paid or may have to pay in order to play the Games, including, but not limited to, fees to access the internet; fees charged by a location such as a cyber cafe, arcade, or other location; or costs of computer hardware or software.

6. SALES OF POINTS CARD

(a) Purchase of Points Card. The Company may offer to sell to you on the Web Site, from time to time, Ngames Points Card (The “Points Card”). Each Points Card represent certain amount of Ngames Points which can be exchanged to Game Points. Game Points are game-specific points that can be used to acquire virtual items (The "Game Items") in Ngames free to play Games. If you select to acquire a Game Item, you agree that you have understood how the Game Item is used in the Games and are fully responsible for all the consequences related to the use or transfer of such Game Item. You agree that any out-of-game transfer of Game Item is not permitted.. You also agree that the Game Items you have acquired are properties of The Company and not refundable, and what you obtained is merely the right to use such Game Items in the Game. The Company also reserves the right to not sell Points Card to certain players.

(b) Return Policy. Electronic goods (including Ngames Points Card) purchased on Ngames.com and all its related sub-domains, require acceptance of End User Agreements prior to their use. The act of downloading, viewing, or using electronic purchases constitutes acceptance of these Agreements. Upon installation or use of any electronically purchased product, you agree that the electronic product is no longer eligible for return. Ngames Points Card, once purchased, is not refundable, in whole or in part. If any payment is disputed or charged back, the associated Ngames account(s) may be suspended, or terminated if any fraudulent activity is detected.

(c) Security and Anti - Fraud. For security and anti-fraud purpose, the Company may require the purchaser of the Game Items to provide personal information such as name, address, phone number, social security number, and copy of picture ID. Purchasers may also be required to write and sign a statement certifying that their purchases are authorized and legitimate. Failure to do so may result in suspension of the purchaser's Passport.

7. TRADING AMONG PLAYERS

Trading of Game Items or in game money between Players on the same server is permitted. All other trading or transfers, including without limitations, trading of Passport ID, Passport Names, and all out-of-game transfers, are strictly prohibited.

The Company is not responsible for any losses occurred related to any permitted or prohibited trading activities. ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED IN SUCH TRADING.

8. CONTENT AND MEMBER CONDUCT

(a) Content. You acknowledge that: (i) by using the Software 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.

(b) Rights in Content. 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 playing Ngames Games.

(c) Member Content. Members can upload Content to our servers in various forms, such as in selections you make for Ngames Games and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, 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.

(d) Member Conduct. 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 Services; or (viii) "stalk" or otherwise harass another member.

(e) Cheating Programs. To ensure fair play, The Company does not allow the use of any cheating programs such as macros, bots, or mouse simulators etc., to play Ngames Games. If you use these cheating programs, you may suffer severe consequences including, but not limited, to the followings: (i) The Company may suspend your Passport for an indefinite period time; (ii) The Company may terminate your Passport; and (iii) The Company reserves the right to seek further legal remedies against you.

(f) Modification of the Client Program. All Members must use the client programs provided by the Company. The Company periodically updates the client program as well, and all players are required to use the latest version of the Games. Modification of the client programs of the Games is strictly prohibited. Any violations may result the termination of your Passport.

(g) Exploitation of Program Bug. Members are prohibited from exploiting any programming bugs in Games, on the Web Site, and/or within The Company's system. Any violations may result the termination of Passport.

9. OFFICIAL SERVICE

The Company has designed Ngames Games for play only as offered by The Company at the Web Site. You agree to play Ngames Games only as offered by The Company at the Web Site and not through any other means. You further agree not to create or provide any other means through which Ngames Games may be played by others, as through server simulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, simulators or tools derived from or created for Ngames Games, 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 Ngames Games accounts, characters, items, coin or copyrighted material.

10. PRIVACY

(a) The personal information you provide us during registration is used for our internal purposes only. The Company uses the information The Company collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, The Company will not give any of your personal information to any third party without your express approval. The Company does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that The Company may communicate with you via email and any similar technology for any purposes relating to the Services, the Software, and any services or software which may in the future be provided by us or on our behalf.

(b) The Company can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as The Company, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.

11. PARENTAL GUIDANCE

While The Company may choose to monitor and take action upon inappropriate Game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Services that may be inappropriate for children or offensive to some users of any age. The Company cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any User may find objectionable. The Company does not as a matter of policy pre-screen the Content of the materials or communications transmitted by each player.

12. INTERRUPTION OF SERVICES

(a) The Company reserves the right to interrupt the Services 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 Services may be interrupted for reasons beyond the control of The Company, and The Company cannot guarantee that you will be able to access the Services or your Passport whenever you may wish to do so. The Company shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes beyond its reasonable control.

(c) The Company shall not be obligated to refund any and all portion of any Game Item Purchases or Passport fees (if any) by reason of any interruption of the Services and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.

13. DISCLAIMER OF WARRANTIES

THE COMPANY PROVIDES THE SERVICES, THE SOFTWARE, THE ACCOUNT, THE Ngames GAMES 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 SERVICES, YOUR ACCOUNT, OR Ngames GAMES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES, YOUR ACCOUNT, OR Ngames GAMES WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SERVICES, YOUR ACCOUNT, OR Ngames GAMES 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 PARTICULARLY 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 SERVICES, YOUR ACCOUNT, AND Ngames GAMES.YOU SHOULD NOT USE THE SERVICES 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 states 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.

14. LIMITATION OF LIABILITY

(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 GAME 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 SERVICES, 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 states do not allow the foregoing limitations of liability, so they may not apply to you.

(b) If you purchased a Game Item, you agree to release any and all liabilities of The Company related to your purchase and use of the Game Item, except that the Company is responsible for providing such Game Item to your Passport in Ngames Games.

(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 Ngames Games services.

15. UNCENSORED INFORMATION

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.

16. INDEMNIFICATION

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 ATTORNEYS' 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 SERVICES OR ANY BREACH OF THIS AGREEMENT BY YOU.

17. TERMINATION

(a) The Company may terminate this Agreement (including your Software license and Passport) immediately and without notice if you breached 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 Game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of Ngames Games. If The Company terminates this Agreement under any circumstances, you will lose access to your Passport without refund of any fees paid for the purchases of any Game Items or unused access time.

(b) You agree that if the Services or your Passport 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 Game Items or unused access time.

18. CHOICE OF LAW AND VENUE.

This Agreement is governed by and shall be construed and enforced under the laws of the State of California, without applying any conflicts of law principles that would require application of the law of any other jurisdiction. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Los Angeles, State of California.

19. GENERAL PROVISIONS

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, the Services and Ngames Games, 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 faxed to (909) 612-0679, Attention: Customer Support, and are effective on the date received.

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, 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 PLAY Ngames GAMES.

Copyright © 2010-2019 NGames Interactive Limited All rights reserved.