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Terms and Conditions of Use

The following terms and conditions of use (the "Terms of Use") apply to your use of online or mobile game(s), product(s) or service(s) provided by or to be provided by ONCREATION LIMITED and its successors and/or its associated company (collectively, "Services"). Please read carefully the Terms of Use before you use the Services. By using the Services, you are deemed to have read and agree to be bound by the Terms of Use. If you do not accept the Terms of Use, you must not use the Services.

ONCREATION LIMITED and its successors and/or its associated company (collectively, "Our Company") reserves the right to change, modify and/or make addition to the Terms of Use at any time, and the updated version of the Terms of Use (the "Updated Version") will be uploaded/posted on Our Company’s website namely http://oncreation.cc ("Our Company’s Website") and Our Company’s mobile application(s). If you do not accept any Updated Version, you must cease to use the Services. You are obliged to review the Updated Version regularly, and by using the Services following the posting of the Updated Version, you are deemed to agree to be bound by the Updated Version. Some of the Services may be further subject to additional terms and conditions (the "Additional Terms"), and by using such part of the Services, you are deemed to have agreed to be bound by the applicable Additional Terms. If you do not agree to the Additional Terms, you must cease using that particular part of the Services. If there is conflict between the Terms of Use and the Additional Terms, the Additional Terms shall prevail.

The Services will only be used by persons who are 18 years of age or above. If you are under 18 (or person under disability), you must not use the Services.

  1. LICENCE AND RESTRICTIONS

    1. Subject to your continuing compliance with the Terms of Use (and the applicable Additional Terms), Our Company only grants you a personal, non-exclusive, non-transferrable, non-sublicensable and revocable licence to use the Services solely for your personal use and non-commercial purpose. You shall strictly comply with the Terms of Use (and the applicable Additional Terms) and/or all of Our Company’s instructions, rules, guidelines or codes to use the Services.
    2. You agree and warrant not:
      1. to use the Services for any illegal purpose, or for the purposes of infringing third party’s rights (including but not limited to privacy and intellectual property rights), or adversely affecting Our Company’s reputation (or the reputation of Our Company’s business partners, sponsors, advertisers or content providers);
      2. to reproduce, copy, sell, licence, transmit, upload, publish/post, distribute, let, broadcast, modify, adapt, translate, create derivative works, reverse engineer, attempt to discover any source code or otherwise change or dispose of the Services and/or any of the contents contained or included in the Services (whether in whole or in part, including not limited to any code, software, application, text, image or trademark);
      3. to interfere or damage the Services (whether the contents, system, mobile application or software) and also disrupt or obstruct the operation of the Services and to introduce a virus on the Services;
      4. in furtherance of Clause 1.2(a) hereof, to use the Services to upload, publish, distribute, post or make available any content that will infringe the intellectual property rights (including but not limited to copyright and trademark) or other proprietary rights of any third party;
      5. in furtherance of Clause 1.2(a) hereof, to use the Services to collect, use or store the personal data of any third party or any user for any purpose, nor to compile, repackage or otherwise use in contravention of the Terms of Use, distribute or provide to any third party any content, information or data obtained or extracted from the Services;
      6. to assign or transfer your right or interest in the Services (including the right to access to or enjoy any paid service of the Services) to any third party, whether or not it is monetary consideration;
      7. in furtherance of Clause 1.2(a) hereof, in the course of using the Services, infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by any third party or do/make any disturbing, threatening, violent and immoral act or any pornographic or defamatory comments, or any act involving engagement in any unlawful conduct which may harass or cause distress or inconvenience to any third party;
      8. to use the Services for performing services for payment, such as item collection services; and
      9. to use the Services to advocate, promote, encourage, or otherwise facilitate any illegal behavior.
    3. If you get access to or use the Services through third party social networks or services (such as Facebook) (the "Third Party Media") with whom you maintain an account, you shall be solely responsible for all liabilities arising out of or in connection with the activities/act done by the use of your login information and login password for your account with the Third Party Media (the "Login Password"), including but not limited to getting accessing to and/or using the Services by means of Login Password. In addition, in any event, you shall be solely responsible for all legal liabilities arising out of or in connection with the access to and/or use of the Services due to any third party access to your account with Third Party Media that results from any improper use, theft or misappropriation of such account or otherwise.
  2. VIRTUAL CURRENCIES AND VIRTUAL GOODS

    1. In using some of the Services, you may acquire, purchase, use, be granted or rewarded virtual currencies (howsoever worded, such as token, coin, chip, point, credit and/or other descriptions) (the "Virtual Currencies"), certain in-game digital items and/or other similar items which are virtual in nature (collectively, the "Virtual Goods").
    2. Once you acquire, purchase, earn, redeem or use the Virtual Currencies and/or Virtual Goods, you are deemed to have read and accept the Terms of Use. Our Company may, from to time, announce the rules and regulations in respect of the Virtual Currencies and/or Virtual Goods, which shall form part of the Terms of Use.
    3. Our Company shall, from time to time, announce the ways, methods or means that you could obtain the Virtual Currencies and/or Virtual Goods and has sole and absolute discretion to change such ways, methods or means at any time and in whatsoever manner, without further notice to you. Such ways, methods or means shall include but not limited to the following:
      1. purchase the Virtual Currencies and/or Virtual Goods via In-App Purchase by using real money;
      2. purchase the Virtual Currencies and/or Virtual Goods via Our Company’s Website, Our Company’s mobile applications or other means as specified by Our Company from time to time by using real money; or
      3. participate the promotional events organized by Our Company or jointly-organized by Our Company with third party (the "Promotional Events").
    4. You are bound to comply with the prevailing terms and conditions imposed by Our Company and/or our business partners for such Promotional Events.
    5. Our Company may, from time to time, announce the ways, methods or means to obtain the Virtual Currencies and/or Virtual Goods via participation in the Promotional Events and has sole and absolute discretion to change such ways, methods or means at any time and in whatsoever manner, without further notice to you. In any case of dispute, Our Company’s decision shall be final and Our Company is not obliged to give you any reason or compensation therefor.
    6. Whenever you acquire or purchase the Virtual Currencies and/or Virtual Goods by whatsoever means, ways or methods we announce from time to time, you are bound to comply with the prevailing terms and conditions (including payment terms) of Our Company and/or the third party (including approved payment provider (the "Payment Provider")) which provide such means, ways or methods. In particular, Our Company does not control or manage the payment process and payment platform, and shall not be liable for processing the payment by the Payment Provider or any third party.
    7. You are responsible for all charges (including applicable taxes, if any) imposed by the Payment Provider and agree to use the Payment Provider’s service (such as credit card) at your own risk. By using the Services, you agree that Our Company shall not be in any event liable for any loss or damage (directly or indirectly) arising from or in connection with the disputes between you and the Payment Provider.
    8. After completion of the payment process for acquiring or purchasing the Virtual Currencies and/or Virtual Goods, you are not allowed to cancel the relevant acquisition or purchase order. Any request for refund, cashed out for real money or exchange of other virtual goods or services and/or other properties from Our Company or any third party will not be acceded nor allowed.
    9. Our Company may, at our sole and absolute discretion, refuse or cancel any order for acquiring or purchasing the Virtual Currencies and/or Virtual Goods at any time and without giving notice or reason to you.
    10. Our Company shall, from time to time, announce the selling price of each of the Virtual Currencies and/or Virtual Goods and has sole and absolute discretion to determine or change the selling price and the number of the Virtual Currencies and/or Virtual Goods available for sale at any time and in whatsoever manner, without further notice to you.
    11. The Virtual Currencies and/or Virtual Goods are only available for you to acquire, purchase and/or redeem a non-transferrable, non-sublicensable, non-exclusive licence and revocable licence to get access to virtual goods, virtual services and/or other items that are virtual in nature provided by Our Company ("Virtual Services").
    12. The Virtual Currencies, Virtual Goods, and Virtual Services are virtual in nature. You do not have any proprietary right or interest in respect of all or any part of them.
    13. The Virtual Currencies, Virtual Goods and Virtual Services have no monetary value and do not constitute real money or property of any type.
    14. Your purchase of the Virtual Currencies and/or Virtual Goods is final. The Virtual Currencies, Virtual Goods and Virtual Services are non-refundable and may not be sold, bartered, brokered, transferred, assigned, pledged, nor redeemed/exchanged for cash/real money or any goods/services/property. You are strictly prohibited to sell, trade, assign or sublicence the Virtual Currencies, Virtual Goods and/or Virtual Services to any person or entity by whatever means.
    15. The Virtual Currencies, Virtual Goods and Virtual Services will not be reissued, replaced or credited if lost, stolen or otherwise altered or destroyed.
    16. The Virtual Currencies, Virtual Goods and/or Virtual Services cannot be used in combination with any other discount, coupon or offer provided by Our Company or any third party.
    17. Our Company and/or its officers, directors, employees (collectively, called "Related Officer") are not be responsible or liable for: (a) any lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, applications or other connections; (b) any miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; (c) technical malfunction, failures or difficulties or other error of any kind or nature; (d) the incorrect or inaccurate capture of information; or (e) failure to capture any information.
    18. You agree to release the Related Officer from any loss, expenses, damages and fees (including legal fees) in connection with the errors occurred in the computer, applications, programming and printer or the issuance of any intended Virtual Currencies and/or Virtual Goods or any other matters in relation to the operation of the Virtual Currencies, Virtual Goods and/or Virtual Services.
    19. In furtherance of Clause 9.2 below, Our Company has the sole and absolute right to cancel any of the Virtual Currencies, Virtual Goods and/or Virtual Services obtained by you and/or alter the amount of the Virtual Currencies and/or Virtual Goods at any time with immediate effect and without giving notice or reason to you, where:
      1. you engaged in any fraud, abuse or wrongful act to obtain, use or redeem the Virtual Currencies, Virtual Goods and/or Virtual Services; or
      2. you acted in a fraudulent or abusive manner.
    20. In furtherance of Clause 9.2 below, Our Company has the absolute discretion at any time to cancel, suspend or terminate the Services or any part thereof, upon which all the Virtual Currencies, Virtual Goods, Virtual Services obtained by you will be totally forfeited and cancelled and no refund, compensation or any other forms of reimbursement will be provided to you or any third party by Our Company.
  3. SUBMISSIONS OF CONTENTS

    1. Part(s) of the Services allows you to upload, post, add or provide contents/information (including but not limited to word(s), photo(s) or video(s)) ("Your Content"), and you represent and warrant that you are the sole owner and own the copyright and other intellectual property right of and in Your Content absolutely.
    2. You agree and warrant that your provision of Your Content through the Services:
      1. will not contravene any applicable laws or regulations, will not infringe the intellectual property right or other right or interest of any third party (including but not limited to copyright, patent, trademark, privacy right or trade secret), and will not involve the personal data of any third party (including but not limited to name, identity card number, passport number, residential address, office address, email address or internet link/website); and
      2. does not contain any content which is illegal/unlawful, offensive, threatening, violent, abusive, obscene or indecent, pornographic, immoral, defamatory or libelous, false, misleading, discriminatory or instigating (whether relating to racial, sex, family status or disability).
    3. You agree that you shall be solely responsible for Your Content that you upload, post, provide or otherwise make available via the Services.
    4. With respect to Your Content provided by you through the Services, you agree to grant an irrevocable, perpetual, worldwide, royalty-free, sub-licensable and unconditional right to Our Company to use, store, reproduce, copy, post, transmit, distribute, publish, publicly display/disclose, modify, translate and/or adapt (including creation of derivative works) Your Content (in whole or in part) in any manner on the Services, Our Company’s Website, Our Company’s mobile applications or the newspaper(s), publication(s), social media platform(s) and/or application(s) owned and/or operated by Our Company and other media platforms, websites or publications not owned by or belonging to Our Company, or for the purpose of promoting and advertising the Services and any other related purposes, without giving notice to you or attribution. You hereby irrevocably and unconditionally waive your moral right of and in Your Content or other right with respect to attribution of authorship regarding Your Content. You also agree to unconditionally grant other user(s) the right to access to or view Your Content through the Services. Our Company has the absolute discretion as to the use of Your Content for the above purposes, and has the absolute right to decide as to the use and publication of Your Content.
    5. You agree and warrant to indemnify Our Company and its directors, employees and agents from and against any and all cost, loss, damage, third party’s claims and expense arising out of the use of Your Content by Our Company.
    6. You agree that Clauses 3.4 and 3.5 hereinabove shall survive your cessation of use of the Services.
    7. Our Company has absolute right to delete/remove or refuse Your Content at any time without giving notice or reason to you and without any legal liability and shall be entitled to claim against you for all loss suffered therefor.
    8. If Your Content contains any personal data, Our Company will use your personal data in accordance with the Personal Data Privacy Statements (as defined below).
  4. ADVERTISING OR THIRD PARTY’S CONTENTS

    1. "Advertising or Third Party’s Contents" means the contents, information or services provided by any person other than Our Company, and such person may include but without limitation to the advertiser(s), sponsor(s), business partner(s) or other content provider(s).
    2. The Services may include Advertising or Third Party’s Contents. Our Company does not control over the contents of the Advertising or Third Party’s Contents and shall not give representations, warranties and endorsement as to the accuracy, completeness and/or reliability of the Advertising or Third Party’s Contents and any part thereof and Our Company shall not assume any liability in respect thereof. You agree and understand that the activities or transactions carried out by you upon your reliance on the Advertising or Third Party’s Contents are solely between you and such advertiser/third party, so you shall be solely responsible for the risks involving in such transactions and activities, and Our Company shall not be liable for any loss and damage of whatsoever nature in connection therewith.
    3. The trade description of goods or services specified in or applied to the Advertising or Third Party’s Contents is made by the advertiser or the related person, but not by Our Company.
  5. LINKS

    1. The Services (and the Advertising or Third Party’s Contents contained in the Services) may contain links (the "Links") to the other website(s), application(s), device(s), system(s) or service(s) platform(s) operated or owned by third party’s companies (the "Third Party Platforms"). Our Company shall not be responsible or liable for the contents, products/services available at or operation of the Third Party’s Platforms, and does not endorse, recommend or warrant (whether express or implied) the contents, products/services or their quality provided at the Third Party Platforms, and you agree to bear the possible risks arising from having access to the Third Party Platforms.
    2. You shall read the terms of use and privacy policy applicable to such Third Party’s Platforms.
    3. You agree that Our Company shall not be responsible or liable for any direct or indirect loss and damage suffered by you due to the availability of the Links, or in connection with any transaction conducted by you (including but not limited to payment and purchase/service order) or any actions taken by you upon your reliance on or use of the Third Party Platforms.
  6. INTELLECTUAL PROPERTY RIGHTS

    1. Unless otherwise specified, the Services, and all of the contents contained or included in the Services (including but not limited to text, image, video, user interface, design, patent, trademark, service mark, business name, game title, computer code, theme, objects, character name, stories, dialogue, concepts, artwork, graphics, animations, sounds, musical composition, audio-visual effects, methods of operations, documentation, expression, character profile, information, recordings and code) and the software or application used in the Services are the property of Our Company, its licensors, product/service suppliers and/or content providers, and are protected by intellectual property laws (including copyright, patent, trademark and/or other proprietary rights and laws).
    2. Where the Services contain downloadable software (the "Downloadable Software") (such as mobile application), you agree and warrant not to download, install nor use the Downloadable Software on or into any device that is not owned by you or is not in your lawful possession, nor to preload the Downloadable Software on any device or system which will be offered for sale or lease in the market. In addition, you agree and understand that Our Company has no obligation whatsoever to furnish any repair, maintenance or technical support services with respect of the Services or the Downloadable Software.
    3. You acknowledge and agree that you do not own the Downloadable Software and applications installed or downloaded by you through the Services.
  7. DISCLAIMER AND LIMITATION OF LIABILITY

    1. The information/contents contained or provided in the Services shall only be for reference purpose, and shall not constitute any legal, financial, investment, securities, property, medical, other professional or transactional advice/suggestion, nor advice for any transaction or betting. Our Company shall not be responsible or liable for the omission, inaccuracy of, or outdated information/contents, and you agree to use the Services at your own risk.
    2. The Services are provided on an "as-is" and "as available" basis. To the fullest extent permissible by applicable law, you agree that Our Company disclaims all representations or warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose or non-infringement of the Services. No oral or written information provided by Our Company shall create a warranty, therefore you shall bear the risk in connection with your reliance on such information or advice.
    3. Our Company does not warrant nor represent, express or implied, that the Services is available or permissible for use in a place outside The Hong Kong Special Administrative Region of The People’s Republic of China ("Hong Kong"), and you agree to comply with all applicable local laws in use of the Services outside Hong Kong. You are solely responsible for obeying all applicable laws and regulations and liability and agree that Our Company will not be held liable if laws applicable to you restrict or prohibit your use or otherwise participation in the Services. Our Company reserves the right to monitor the location from which you use the Services and to block access from any jurisdiction in the use of the Services.
    4. Our Company makes no warranty nor representation, express or implied, that your use of the Services will not be interrupted or delayed, or the Services will be correct/accurate, timely, complete, reliable, error-free or without omission, or such error/omission will be corrected, or the Services and its related software, system, application, tools, Downloadable Software or server (collectively, "Services’ Related Programs") will be free from viruses/bugs or defects, or the Services will meet your requirements or expectations. You agree that Our Company assumes no liability (whether tort or contract or otherwise) for any loss or damage arising from or in connection with any interruption, delay, viruses/bugs, defect (including but not limited to computer, the Services’ Related Programs or network system), errors, omission or the suitability, timeliness, completeness, reliability or effectiveness of the use of the Services or from any decision, action or non-action based on or in reliance on the Services and you agree to use the Services and/or the Services’ Related Programs at your own risk.
    5. Our Company makes no warranty nor representation, express or implied, that the products, services or other items of thing purchased or acquired by you through the Services will meet with your requirement or expectation, and Our Company shall not be liable for any repair, maintenance or installation of the said products, services or other items of things (unless particularly specified otherwise). Our Company shall not be responsible or liable for any litigation, claims or demands arising out of the contents provided, submitted or uploaded by any user of the Services or any third party.
    6. Our Company makes no warranty nor representation, express or implied, that the Services and/or the Services’ Related Programs will be compatible with all device or equipment (hardware or software) which you may use or that the device or equipment which you may use can support the Services and/or the Services’ Related Programs. You agree that Our Company shall have no liability in relation to any loss and damage caused to the relevant device (including but not limited to mobile phone and tablet computer), computer system, software, equipment, information, data or other properties suffered by you or any third party arising out of or in connection with your use, downloading, installation or access to the Services and/or the Services’ Related Programs, and you also agree to download, install or use the Services and/or the Services’ Related Programs in any manner at your own risk. In any event, Our Company is not responsible or liable for any inability to obtain access to, or to use, the Services due to the delay, failure or omission caused by the relevant internet network or telecommunication service providers.
    7. Our Company is not responsible or liable to you for any loss and damage arising from or in connection with any delay, non-delivery/unavailability or interruption of the Services due to a Force Majeure Event. For the purpose of the Terms of Use, "Force Majeure Event" means any unforeseeable or unavoidable event or any circumstances over which Our Company has no control, including but not limited to hacker attack, illegal system invasion, virus infection, network problem, an Act of God, war, invasion, act of foreign enemy hostilities, civil war, rebellion, riots, civil commotion or strikes.
    8. Under no circumstances, including but not limited to negligence, Our Company shall be liable for any direct, indirect, compensatory, consequential, incidental, special or punitive damages or any other damages or loss of whatsoever nature arising out of or in connection with your use of the Services, inability to use the Services, submission of Your Content via the Services, the products/services obtained through the Services (including but not limited to lost profit, loss of data, loss of goodwill, business interruption or computer failure or malfunction), and you shall be solely liable for all the loss. In addition, Our Company will not be liable to you for the conduct of any third party, including but not limited to the conduct of Payment Provider.
    9. To the fullest extent permissible by applicable law, you agree that the total liability of Our Company arising from the Services (if any) shall not exceed the total amount of the fees you paid under the Services.
  8. INDEMNIFICATION

    1. You agree and undertake to indemnify Our Company, its directors, employees and agents and hold Our Company, its directors, employees and agents harmless from and against any loss, damage, liability, cost (including but not limited to legal costs), or third party’s claim or demand arising from or in connection with your use of the Services, your breach of the Terms of Use, your provision of Your Content, your violation of any applicable law or infringement of third party’s rights (including but not limited to intellectual property rights).
  9. TERMINATION

    1. If you do not agree or accept the Terms of Use, your right to use of the Services will be terminated without notice to you.
    2. Upon happening of any of the following event, Our Company has the absolute right to terminate, suspend or limit your use of the Services or any part thereof at any time and without giving notice or reason or compensation to you:
      1. you have breached or have not complied with any one or more of the terms of the Terms of Use;
      2. you have misused the Services or abused the use of the Services;
      3. you have failed to pay any prescribed fees or any amount payable by you;
      4. happening of any Force Majeure Event; or
      5. at any time or in any circumstance that Our Company thinks fit.
    3. Our Company shall have no responsibility or liability in relation to any termination, suspension or limitation of your use of the Services or any part thereof for whatever reasons. You are not entitled to make any claims or demands of any kind whatsoever against Our Company, nor to a refund of any fees paid by you (if any) or other compensation of whatsoever nature.
  10. PERSONAL DATA COLLECTION STATEMENT AND PRIVACY POLICY STATEMENT

    1. In addition to Your Content, Our Company may collect your personal data, information, contents and/or other materials that you provide to Our Company or is otherwise transmitted in or through the Services you access or which is generated, acquired or developed when you download, install, login or use the Services or anytime you are in contact with Our Company (collectively, "Your Information"). You represent and warrant that all of Your Information are true, accurate and complete, and you agree that Our Company has the absolute discretion to refuse your use of the Services (e.g. involving any illegal act or abuse of use or incorrectness, inaccuracy and/or incompleteness of Your Information) or to immediately terminate your right to access to or use the Services or the relevant part of the Services. Please click HERE for details of the "Collection of Personal Data Statement and Privacy Policy” of Our Company (collectively, the "Personal Data Privacy Statements"). Our Company will collect, use and process Your Information in accordance with the Personal Data Privacy Statements, and by using the Services, you are deemed to have read and agree to be bound by the Personal Data Privacy Statements.
  11. MISCELLANEOUS

    1. Our Company may make add, alter or change all or any part of the Services and/or suspend and/or discontinue (permanently or temporarily) the Services (in whole or in part) at any time and without giving notice to you, and in any case, Our Company shall have no responsibility or liability arising out of or in connection to any addition, alteration, modification, suspension or discontinuance of the Services.
    2. You must pay all the fees chargeable by telecommunications services provider or internet services provider in your use of the Services. You also agree that you will comply with your obligations to third party mobile platforms providers (such as Apple or Google) from whom you install or download the Services, including but not limited to the payment obligations.
    3. You agree and understand that whenever you use the Services, Our Company will collect and use the technical data/related information and the information in connection with your device, system, application and software, including but not limited to Universally Unique Identifier (abbreviation UUID), Internet Protocol Address (abbreviation IP Address), location information, browsing record, device model no. and version so as to provide you with the software updates, product support and other services (if any), solely at the discretion of Our Company.
    4. Nothing in the Terms of Use and provision of the Services, express or implied, are intended to or shall confer upon any person, other than you, any right, benefit or remedy of any nature whatsoever. Any person (other than you) shall have no right to enforce any term of the Terms of Use pursuant to any law and/or any legislation which is currently, or will be, enacted, amended or implemented.
    5. Our Company has the right to assign or transfer any of its rights or obligations in the Services and/or under the Terms of Use to any third party without giving notice to you.
    6. If any clause of the Terms of Use (or any part thereof) is found to be wholly or partially invalid or unenforceable for any reason or in violation of any applicable law, such clause (or the relevant part thereof) shall be deemed deleted, and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use (or the remaining part of the affected clause), which shall continue to be valid and binding.
    7. Our Company’s delay or failure to exercise any of its rights under the Terms of Use shall not be considered as a waiver of Our Company, and shall not preclude Our Company to further exercise such rights in the future.
    8. The Terms of Use shall be construed in accordance with and governed by the laws of Hong Kong, and Hong Kong court has the exclusive jurisdiction to resolve the disputes of the Terms of Use and the Services.
    9. If there is any inconsistency or conflict between the English version and the Chinese version of these Terms of Use, the English version shall prevail.


Last updated: 25 May 2018