These Terms of Service (the "Terms") form a binding agreement between you and Vivid Eastern Culture Technology Limited ("Vivid Eastern", "we", "us" or "our") governing your use of our mobile games, websites and related services (collectively, the "Services").
Please read these Terms carefully. By downloading, installing, accessing or using any of the Services, you confirm that you accept these Terms and agree to be bound by them. If you do not agree, do not use the Services. Section 13 contains a limitation of liability, and Section 16 explains the governing law that applies to any dispute.
You must be at least 13 years old — or the minimum age of digital consent in your country, whichever is higher — to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your activity and any charges you incur.
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use one copy of each game on a device that you own or control, solely for your personal, non-commercial entertainment.
This is a licence, not a sale. We and our licensors retain all right, title and interest in the Services. No rights are granted to you other than those expressly stated in these Terms.
Where you obtain a game through a third-party app store, your use is also subject to that store's terms.
Apple App Store. These Terms are concluded between you and Vivid Eastern only, not with Apple Inc. Apple is not responsible for the game or its content. Apple has no obligation to furnish any maintenance or support. In the event the game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever. Apple is not responsible for addressing any claims relating to the game, including product liability claims, consumer protection claims, or claims that the game infringes a third party's intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google Play. Your use is additionally governed by the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the game or for any claims relating to it.
Some Services allow you to create an account or link a platform account. You are responsible for all activity that occurs under your account and for keeping your credentials and device secure. Notify us immediately at support@vivideastern.com if you suspect unauthorised access. Accounts are personal to you: you may not sell, rent, transfer, share or otherwise make your account available to anyone else.
You agree that you will not, and will not attempt to:
Games may offer virtual currency, items, upgrades or other digital content ("Virtual Items"). Virtual Items are licensed, not sold. They have no monetary value, are not your property, cannot be redeemed for cash or anything of monetary value outside the Services, and cannot be transferred except as expressly permitted in-game.
All purchases are processed by the relevant app store, and are final and non-refundable except where a refund is required by applicable consumer law or granted under the app store's own refund policy. Please confirm the account and the item before you buy, and use your device's payment authentication settings to prevent unintended purchases.
We may change the price, availability, or design of Virtual Items, and may modify, remove or rebalance them as part of ongoing game operation. We may revoke Virtual Items obtained through error, fraud or violation of these Terms without refund.
Subscriptions. Where a game offers an auto-renewing subscription, the term, price and renewal cadence are shown before purchase. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Manage or cancel a subscription in your app store account settings — uninstalling the game does not cancel it.
Our games may display advertising, including rewarded video, and may link to third-party sites or services. We do not control and are not responsible for third-party content, products, or privacy practices. Your dealings with advertisers are solely between you and them. Our handling of advertising data is described in our Privacy Policy.
If a game lets you submit content — such as a nickname, avatar, message or creation ("User Content") — you retain ownership of it. You grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt, publish and display that User Content solely to operate and promote the Services. You represent that you have the rights necessary to grant this licence. We may remove User Content that we reasonably believe violates these Terms, but we are not obliged to monitor or pre-screen it.
If you send us suggestions, ideas or feedback, you agree that we may use them without restriction, obligation or compensation to you.
All content within the Services — including source code, artwork, characters, music, sound effects, text, trademarks, logos and the "Vivid Eastern" name — is owned by us or our licensors and is protected by copyright, trademark and other laws. Except for the limited licence in Section 2, nothing in these Terms transfers any intellectual property right to you.
If you believe material in our Services infringes your copyright, send a notice to legal@vivideastern.com identifying the work, the material at issue, your contact information, and a statement of good-faith belief that the use is unauthorised.
You may stop using the Services at any time and may request deletion of your account as described in our Privacy Policy. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms, if we are required to do so by law, or if continued provision would create a security or legal risk. Where reasonably practicable and lawful, we will give you notice and an opportunity to remedy the breach. Termination does not entitle you to a refund of unused Virtual Items. Sections 6, 8, 9, 10, 12, 13, 14 and 16 survive termination.
We may update, modify, suspend or discontinue any part of the Services at any time. The Services are provided on an "as available" basis and may be interrupted for maintenance, updates or reasons beyond our control. If we decide to permanently retire a game, we will provide advance notice through in-game announcements or this website, consistent with applicable law and app store policy, and we will stop offering new Virtual Items for sale ahead of the shutdown date.
To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure or error-free.
To the maximum extent permitted by applicable law, Vivid Eastern will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or Virtual Items, arising out of or relating to your use of the Services. Our aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the total amount you paid us for the relevant Service in the twelve months preceding the event giving rise to the claim, or (b) USD 100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted, and nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be limited by law. Consumers retain all mandatory statutory rights, which these Terms do not affect.
To the extent permitted by law, you agree to indemnify and hold harmless Vivid Eastern and its officers, employees and agents from any claims, damages, losses and reasonable legal fees arising from your misuse of the Services, your User Content, or your breach of these Terms or of any applicable law.
We encourage healthy play habits. Parents and guardians should supervise minors' use of the Services, set spending limits, and make use of the parental control and purchase-authentication features built into iOS and Android. Take regular breaks, and do not play in situations where doing so could be unsafe.
These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law rules. The courts of Hong Kong have non-exclusive jurisdiction over any dispute arising out of or relating to these Terms. Nothing in this section deprives you of the protection of the mandatory consumer laws of your country of residence, or of the right to bring proceedings in your local courts where such laws grant you that right.
Before starting formal proceedings, we ask that you contact us at legal@vivideastern.com so we can try to resolve the matter informally.
These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions stay in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to an affiliate or successor in connection with a merger, acquisition or sale of assets. There are no third-party beneficiaries other than as stated in Section 3.
We may revise these Terms from time to time. We will post the revised version on this page and update the "Last updated" date. For material changes we will give reasonable advance notice through the Services. Your continued use after the changes take effect constitutes acceptance. If you do not agree to the revised Terms, stop using the Services and, if you wish, request deletion of your account.
Vivid Eastern Culture Technology Limited
Legal: legal@vivideastern.com
Player support: support@vivideastern.com
Registered address:
Room 20, Unit 03, 7/F, Block B, Tuen Mun Industrial Centre,
2 San Ping Street, Tuen Mun, New Territories, Hong Kong