User Services Agreement

Effective date: January 19, 2023

Updated on: January 19, 2023

1. Important Notes

1.1 Welcome to use the products and services provided by FIGHT ENERGY GAMES（HK）LIMITED (hereinafter referred to as "we"). Our services refer to those provided to you, including but not limited to online media, Internet value-added services, interactive entertainment, cloud storage, advertising and other products and services. The specific services are subject to the actual services we provide (hereinafter referred to as "the Service").

1.2 You should read and abide by the User Service Agreement (hereinafter referred to as "this Agreement") and other agreements, terms and policies such as the separate agreement for opening or using a certain service. Please read carefully and fully understand the content of each clause, especially the clauses that exempt or limit our liability, the clauses that restrict your rights, the applicable law and dispute resolution, etc. Such clauses may be marked in bold .

1.3 This Agreement also includes the Privacy Policy . During your use of the Service, we will collect and use your personal information based on the need to provide relevant services. In order to better protect your rights and interests, please be sure to carefully read and fully understand the Privacy Policy.

1.4 If you have any questions about the content of this Agreement, you can ask us through the contact information provided in this Agreement. If you do not agree or cannot understand the content of this Agreement, please do not use this service. You can uninstall our products through [System Settings-Application List]. After uninstallation, we will suspend your service until you download our products again. If you choose to accept this Agreement by checking the "Agree" button on the web page or by other means, it means that you have understood and agreed to all the contents of the above agreements, terms and policies, and you have also acknowledged that we have fully fulfilled the relevant reminder and explanation obligations .

1.5 You must ensure that you have the full, complete, valid and necessary rights, capabilities and authority to agree to and perform this Agreement, otherwise, you should not use this Service. If you are a natural person under the age of 18, please read and fully understand this Agreement in the company of your legal guardian, and use this Service only after obtaining the consent of your legal guardian .

2. Account Registration Rules

2.1 You may need to register an account when using this service. You promise to register as a user of our products or services with your real identity, and ensure that the personal identity information provided is true, complete and valid, and bear the corresponding legal responsibility for the information provided in accordance with legal provisions and the necessary terms and conditions. The true and accurate personal information you provide is the only valid evidence to determine your association with the account and your identity.

2.2 Your account is for your personal use only. Without our written authorization or permission, the ownership of the account belongs to us. You may not give, lend, rent, transfer, recharge, sell or otherwise license your account or password to others in any direct or indirect way. You will be solely responsible for any personal virtual property and financial losses caused by your violation of the above agreement; if you cause losses to us or other third parties, we have the right to claim compensation.

2.3 If you find that your account or password has been illegally used by others or is used abnormally, you should promptly notify us in accordance with the handling methods we publish in this Agreement and from time to time. We will decide whether to suspend the login and use of the account based on the results of the verification of your user identity.

2.4 If your account has not been logged in for 365 consecutive days since the day after the last login, we have the right to take cleaning measures including but not limited to cancellation, recovery, replacement or deletion of any records of the account in our backend database (including but not limited to registration information, payment information, etc.), and the corresponding services we provide will be terminated at the same time. Before we clean up such accounts, we will notify you in appropriate ways including but not limited to pop-ups, website announcements, etc. If you do not reactivate your account in a way we approve within the notification period after receiving the notification, you will be deemed to have automatically waived your rights to claim, pursue and compensate for the account and the information contained in the account.

2.5 Before your account is cancelled, we will verify your personal identity, security status, device information and other information, and help you complete the cancellation after confirming that there are no outstanding fees in your account wallet. You know and understand that account cancellation is irreversible. After your account is cancelled, we will delete the relevant information about you or anonymize it , except as otherwise provided by laws and regulations.

2.6 We reserve the right to freeze or cancel your account and delete or anonymize your stored data and files if you violate applicable laws and regulations or this Agreement, and we will not be liable to you for this. You will be solely responsible for any losses caused by the clearing or loss of all data and information generated by your use of the Service.

3. Privacy and Personal Information Protection

3.1 Respecting and protecting personal information is one of our basic systems. We will take reasonable measures to protect the security of personal information in accordance with the law, and have formulated a Privacy Policy to protect the legitimate rights and interests of the personal information subject, such as the right to know and the right to choose.

3.2 We will collect, use, store and share your personal information in accordance with the provisions of this Agreement and the Privacy Policy. If this Agreement does not make clear provisions on the protection of personal information, the content of the Privacy Policy shall prevail. Please read and fully understand the aforementioned Privacy Policy before using this service.

3.3 Our Privacy Policy may be updated from time to time to reflect changes in applicable laws, regulations, standards, industry codes and other documents, or to reflect changes, updates or new features of the Service. If you continue to access or use the Service after any update to the Privacy Policy, it means that you have read, understood and accepted these updates.

3.4 We will not transfer or disclose your personal information to any third party unless:

(1) Relevant laws and regulations or requirements of judicial or administrative agencies.

(2) Transferred to complete a merger, division, acquisition or asset transfer.

(3) Necessary to provide the services you request.

(4) Circumstances where the information may be transferred or disclosed to any third party in accordance with the Privacy Policy or other relevant agreement rules.

4. User Rules

4.1 Unless otherwise agreed, we grant you the right to access and use the Service. This authorization is non-commercial, non-exclusive, limited, non-transferable, non-sublicensable and revocable .

4.2 You understand and agree that you shall make your own judgment on the Service and related content, and bear all risks arising from the use of the Service and related content, including but not limited to the risks arising from reliance on the correctness, completeness or practicality of the Service and related content. You understand and agree that you shall bear all the actions you take using the Service and related content, as well as the risks, responsibilities and consequences arising therefrom. The actions of any of your managers, employees, consultants or other agents shall be deemed as your actions, and the risks, responsibilities and consequences arising therefrom shall be borne by you.

4.3 Unless permitted by laws and regulations or with our prior written permission, you may not, nor agree to, authorize or instruct any third party to engage in the following activities :

(1) You may not reverse engineer, disassemble, decompile, disassemble or attempt to extract source code from the Service or any part of the Service in any other way, or delete, modify or perform other operations on the computer system of the Service;

(2) You may not copy, change, modify, mount or create any derivative works of the Service or any data released during the operation of the Service, or the interactive data between the client and the server during the operation of the Service, including but not limited to the use of plug-ins, external tools or unauthorized third-party tools or services to access the Service and related systems;

(3) You may not use any robot, spider, crawler, scraper, website search/retrieval application or other tool to access, scrape, crawl, pre-load, store, cache, screenshot, retrieve or index any part of the Service and related content, nor may you circumvent or attempt to circumvent the Service and any security protection mechanism or system defense tool or other system configuration provided by us in any way or by any tool;

(4) You may not provide the Service by charging fees or in any other profit-making manner, whether or not for direct economic or monetary gain;

(5) Unless expressly permitted by this Agreement, you may not copy, imitate, translate, change, modify or disseminate all or part of the Service and related content, or create derivative works of the Service and related content (including generating or using in databases), or disseminate or publicly display all or any part of the Service and related content in any way;

(6) You may not create or provide packaging for the Service. For example, you may not do the following: (1) use or provide any part of the Service or related content in any application interface you provide to others; or (2) create a website or application to reproduce or copy all or part of our products and services;

(7) You may not make any changes or attempt to change the system configuration of our services;

(8) You may not conduct stress testing on the Service or affect the stability of our online services.

4.4 You understand and agree that we have the right to take appropriate legal action against you and your illegal or unlawful behavior in accordance with laws and regulations and to save relevant information and report to relevant departments in accordance with laws and regulations, and you shall bear all legal responsibilities arising therefrom. If we find or receive reports or complaints from others that you have violated laws and regulations or this Agreement in using this service, we have the right to take necessary measures based on the nature of your behavior, including but not limited to warnings, refusing to publish/delete/block illegal content, suspending/terminating the provision of all or part of this service to you, restricting or banning your account (including freezing/restricting content publishing, member rights and interests use, etc.), permanently banning account/device number/real-name information, confiscating all virtual property in the account (including but not limited to clearing account balance), restricting re-registration, clearing data, and pursuing legal liability. In addition, you may be subject to criminal, administrative and other legal consequences. We have the right to investigate your use of this service to determine whether there is any violation of this agreement and whether you comply with all applicable laws and regulations.

4.5 You understand and agree that you shall be solely responsible for any claims, demands or losses asserted by a third party resulting from or arising from your violation of laws, regulations or the provisions of this Agreement; if we suffer losses as a result, you shall compensate us for them, including but not limited to all claims, losses, damages (actual and consequential damages), fines, and corresponding litigation fees, attorney fees, arbitration fees, etc. paid by us .

5. User Content

5.1 If you upload, store, display, publish, or share any content, including but not limited to data, words, texts, sounds, pictures, images, charts, graphics, videos, audios, or instructions, during the use of the Service, you shall be solely responsible for such content. You guarantee that such content does not violate applicable laws, regulations, national policies, and public order and good customs, and you are solely responsible for the timeliness, authenticity, and accuracy of such content; and you guarantee that you own the ownership, intellectual property rights, or have obtained the legal authorization of the right holder for such content, and that it does not infringe on the intellectual property rights or any other legal rights of anyone.

5.2 You agree that we have the right to use technical or manual methods to review whether the aforementioned content complies with laws, regulations or the requirements of this Agreement based on laws, regulations and the provisions of this Agreement, and we have the right to filter, delete or not display such content based on the review results without being responsible to you or third parties. If your use behavior or the user content you upload, store, publish or share violates laws and regulations, whether we discover it actively or are notified by regulators or reported/complained by other users, we have the right to decide to immediately suspend or terminate the provision of this service to you depending on the circumstances. You shall bear the responsibilities and consequences arising therefrom. We do not bear any legal and joint liability and reserve the right to transfer the case to judicial authorities for handling.

5.3 You may not, by yourself or agree to, authorize or instruct any third party to use the Service to upload, store, publish, post, display, share, transmit or disseminate any illegal content or content that you have no right to handle, including but not limited to the following :

(1) Opposing the basic principles established by the Constitution;

(2) endangering national security, leaking state secrets, subverting state power, or undermining national unity;

(3) Damaging the national honor and interests;

(4) Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity;

(5) Undermining the state's religious policies and promoting evil cults and feudal superstitions;

(6) Spreading rumors, disrupting social order, and undermining social stability;

(7) Spreading obscenity, pornography, gambling, violence, murder, terror, or instigating crime, promoting or inciting illegal or criminal activities, or anti-social behavior;

(8) Insulting or slandering others, or infringing upon the legal rights of others;

(9) Contains content that is false, harmful, threatening, invasive of another’s privacy, harassing, infringing, defamatory, vulgar, obscene, or otherwise morally objectionable;

(10) You do not own the ownership or intellectual property rights or have not obtained legal authorization for the content;

(11) The information published is meaningless, or character combinations are deliberately used to evade technical review;

(12) Other content that violates the "Content Release Regulations" and any other illegal information or contains other content restricted or prohibited by laws and regulations.

5.4 You understand and agree that you may only use this service and its contents (including but not limited to wallpapers, videos and other materials) for non-commercial purposes based on personal appreciation and learning. In particular, you may not use new technologies and applications such as deep learning, virtual reality, generative artificial intelligence, etc. to produce, upload, copy, transmit, and disseminate false news information or other information prohibited by laws and regulations, or falsely claim synthetic content as natural content. When you publish or disseminate untrue information produced using new technologies and applications such as deep learning, virtual reality, and generative artificial intelligence, you should mark it in a prominent manner (including but not limited to adding watermarks to the generated images and attaching a statement that it is untrue information). If you illegally use this product to publish or disseminate false information, we will keep relevant records in accordance with the law and report to the cybersecurity and informatization department and relevant competent authorities.

6. Advertising and third-party services

6.1 You agree that we may send or display advertisements or other information (including commercial and non-commercial information) to you by ourselves or by a third party through various means such as SMS, email or electronic messages.

6.2 You are aware of and authorize that our products and services may contain other people's commercial advertisements or advertisements for other promotional activities. Such advertisements may be activated and provided to you through the lock screen lighting up, function unlocking, activity incentives, etc. These contents are provided by advertisers or product/service providers and they bear corresponding responsibilities. We only provide a medium for publishing content. The transactions of such services or goods purchased by users through us or the websites we link to exist only between users and the providers of such goods or services and have nothing to do with us. We do not bear any legal responsibility for the transactions between users and the providers of such goods or services. You should carefully judge the authenticity and reliability of the advertisements appearing in this service. Unless otherwise expressly provided by law, you shall be responsible for the actions taken due to such advertisements.

6.3 We will also cooperate with third parties to provide you with certain functions or services. For example, these products and services may contain links that can jump to other online services or resources. Such online services or resources are provided by third-party service providers and they shall bear the corresponding responsibilities . In the process of using third-party services, in addition to complying with the provisions of this Agreement, you must also comply with the third-party user agreement, privacy policy and other relevant terms. You understand and acknowledge that we cannot control your use of such third-party services or resources. Therefore, unless otherwise agreed in this Agreement, your use of third-party services or resources is subject to the agreement between you and the relevant third party, and we do not assume any responsibility for your use of third-party services or resources . The existence of such links does not mean that we recognize the legality and security of these third-party services or resources.

6.4 You understand and agree that we may make adjustments to the policies and services of this Service and third-party applications. Such adjustments may affect our services or those of third parties (such as causing the relevant services to no longer be provided in this Service, or limiting the service functions of third-party applications). Unless otherwise expressly provided by law, we do not assume corresponding liability .

6.5 Before choosing to use third-party services, you should fully understand the functions, service agreements and privacy policies of third-party products or services, and then choose whether to activate third-party services.

7. Intellectual Property and Other Rights

7.1 All rights to all data, information and related documents involved in the provision of this service, including but not limited to intellectual property rights such as copyright, trademark rights, patent rights, trade secrets, data rights, ownership and other rights, are protected by the Copyright Law of the People's Republic of China, the Trademark Law, the Patent Law, the Anti-Unfair Competition Law and relevant international treaties and other laws and regulations. Except for software, technology or other content authorized by a third party, we enjoy all the above intellectual property rights, data rights, ownership and other rights. Without our prior written consent, you may not use the above-mentioned relevant data, information and related documents for any purpose, and you may not carry out any infringement of our legal rights and related rights and interests in accordance with national laws and regulations and other normative documents, including but not limited to scraping, storing, caching, downloading, mirroring, copying, screenshoting, selling, promising to sell, etc.

7.2 You only have the right to use the Service in accordance with this Agreement and any written agreement signed between you and us (if any). Your consent to this Agreement and use of the Service do not involve any transfer or assignment of the intellectual property rights, ownership and other legal rights of us and our licensors, and all the above intellectual property rights, ownership and other legal rights still belong to us and/or the corresponding rights holders. Any information content downloaded in any form during the use of the Service shall not be deemed to have obtained any commercial authorization or license, and can only be used for your personal entertainment, learning, research or appreciation without the prior written consent of the rights holder. The copyright of these contents still belongs to the original author. You should indicate the original author when sharing or reprinting, and promise not to use them for sales or any other commercial purposes, and shall not copy, modify, sell or derive products by yourself or authorize any third party. If you make any illegal editing or improper use of the downloaded information content, all damages, expenses or losses caused will be borne by you alone.

7.3 You promise that you have complete intellectual property rights for all the information you upload or publish in this service (including but not limited to text, pictures, music, movies, performances, audio and video products and computer programs, etc.) , or have obtained the legal authorization of the relevant rights holders. If we receive a notice from the rights holder claiming that the information content you sent or disseminated infringes their relevant rights, you agree that we have the right to make an independent judgment and take measures such as deletion, blocking or disconnecting links. You understand and agree that if you are complained by others for infringement or you complain about infringement by others and we verify that the preliminary materials are true, we have the right to provide the contact information of the relevant party to the counterparty. If you violate the provisions of this article and cause us to be sued by a third party, you agree to fully compensate the company (including but not limited to various compensation costs and reasonable expenses such as attorney fees, litigation fees, notarization fees, arbitration fees, etc.).

7.4 Copyright Complaints and Dispute Resolution. We respect the intellectual property rights of others and will promptly process and investigate notices of suspected infringement and take appropriate action against any suspected or actual infringement in accordance with relevant laws and regulations. If you believe that certain content in this service infringes your copyright or intellectual property rights, you should submit a written notice to us through the copyright complaint procedure provided in this service, and we will take necessary actions in accordance with relevant laws and regulations and actual circumstances. The copyright complaint email address is [colorwallpaper@126.com], and the written notice should include the following information:

A. Proof of identity of the right holder, including identity card, corporate license, business license and other valid identity documents;

B. Proof of intellectual property ownership, including relevant intellectual property registration certificates, published books or journals, creative manuscripts, etc.;

C. Proof of infringement, including the content and location of the allegedly infringing information.

D. Contact address, telephone number and email address.

You should ensure that the content you provide is legal and valid. You shall bear any responsibility for any loss caused by the content you provide.

7. 5 Except for the licenses expressly granted in this Agreement, no terms in this Agreement shall be interpreted as, or impliedly permitted or indicating that we have licensed or authorized any other rights to our own and related rights holders' intellectual property rights, ownership or other legal rights. Without the prior written consent of us and/or the corresponding rights holders, you shall not implement, use, transfer or authorize any third party to implement, use or transfer the above intellectual property rights for any purpose. We reserve the right to pursue liability for the above unauthorized acts.

8. Change, Interruption or Termination of Service

8.1 If the service needs to be interrupted or suspended due to maintenance or upgrade of the server or system related to the service, we will notify you in advance as much as possible. If such circumstances cause the service to be interrupted or suspended within a reasonable time, we do not need to bear any responsibility for it.

8.2 Unless otherwise expressly agreed in a separate written agreement between you and us, we have the right to change, interrupt, suspend or terminate the provision of all or part of the Service at any time without prior notice to you, and we also have the right to modify, restrict, suspend or terminate your use of the Service at any time, including but not limited to limiting the type, frequency, version, etc. of your use of all or part of the Service at any time at our discretion without prior and separate notice to you. Unless otherwise agreed in a written agreement between you and us, if we permanently terminate the provision of the Service, we will give you appropriate notice in advance.

8.3 If we are unable to perform or cannot fully perform the relevant obligations under this Agreement due to force majeure, we will notify you as soon as possible. If such circumstances cause the Service to be interrupted, suspended or terminated within a reasonable time, we do not need to bear any responsibility for this. Force majeure refers to unforeseeable, unavoidable and insurmountable events, including but not limited to floods, fires, droughts, typhoons, earthquakes or other natural disasters, large-scale epidemics, strikes, riots, riots and wars (whether declared or not), government actions, sudden changes in national policies, etc. In view of the special nature of the Internet, force majeure also includes the following situations that affect the normal operation of the Internet: (i) hacker attacks; (ii) major impacts caused by technical adjustments in the telecommunications sector; (iii) temporary closure of the Internet due to government regulation; (iv) virus attacks.

8.4 We have the right to charge you in accordance with Article 7 of this Agreement and the contents of the then current charging page. If you fail to pay in full and on time, we have the right to interrupt, suspend or terminate the provision of services .

8.5 Unless otherwise expressly provided by laws and regulations or otherwise agreed upon in a written agreement reached between you and us, you shall bear any losses or consequences caused to you or a third party due to our changes, interruptions or termination of the Service, and we shall not be liable to you or any third party for this .

8.6 You are responsible for backing up the data stored in the Service. If your Service is terminated, we have the right to permanently delete your data from the server, unless otherwise provided by laws and regulations. After the Service is suspended or terminated, we have no obligation to provide or return the data to you .

9. Disclaimer and Limitation of Liability

9.1 You understand and agree that this service, like most Internet services, is affected by factors including but not limited to your reasons, network service quality, social environment, etc., and may be affected by various security issues, such as viruses in other software you download and install or other websites you visit, and network reasons threatening the security of your equipment and data, which in turn affects the normal use of this service. You should strengthen your awareness of information security and data protection to avoid losses. Except for the laws and regulations that clearly stipulate that we shall bear responsibility, you shall bear all responsibility for any losses caused to you or others due to the reasons stated in this paragraph, and we shall not be liable for this.

9.2 You understand and agree that, except for the responsibilities expressly stipulated by laws and regulations, you shall bear all risks, responsibilities and consequences of your use of the Service and any content obtained through the Service (including but not limited to the risks and consequences of infringement by a third party, infringement of a third party, or any damage to your various devices, operating systems or data loss caused by downloading any materials through the Service) and we shall not be liable for them .

9.3 You understand and agree that, except for the liability expressly stipulated by laws and regulations, we shall not be liable for any direct, indirect, incidental, incidental, special, consequential or punitive damages and losses caused by the following reasons, including but not limited to any loss of income/profit/anticipated profit (whether direct or indirect), any loss of goodwill or business reputation, loss of business opportunity, any loss or loss of data, the cost of purchasing substitute goods or services, or other intangible losses (even if we have been informed of the possibility of such losses) .

9.4 Except as expressly provided by laws and regulations, the exemption clauses in this Agreement shall apply regardless of whether we have received notice or should have known about the possibility of any loss.

9.5 Unless otherwise expressly provided by law, in any case, the maximum amount of our liability to you for losses is the service fee you have paid to us in the month when you suffered losses or we breached the contract. To the maximum extent permitted by law, these limitations and terms apply to any matter or claim related to this Agreement .

9.6 We and our affiliates do not provide any express or implied warranties or guarantees for the Service and related content, including but not limited to warranties or guarantees of fitness for a particular purpose and non-infringement. In addition, we and our affiliates do not make express or implied warranties or guarantees to you regarding the following :

(1) The Service will meet or satisfy your actual or specific needs;

(2) The Service will be uninterrupted, timely, secure, stable, complete or error-free;

(3) the results or information obtained from the use of the Service will be accurate or reliable;

(4) Any products, services, information or other information purchased or obtained through the Service will meet your expectations;

(5) any errors, problems or defects in the Service will be corrected;

(6) The accuracy, stability and completeness of external links set up for your convenience.

9.7 You will be solely responsible for any consequences resulting from your personal mistakes, errors or improper operations, and we will not provide any compensation or reimbursement .

9.8 Regardless of the reason for the termination of the product and service, you should take appropriate measures to deal with the virtual items in the product. You may not require us to bear any form of compensation or compensation liability other than the virtual currency you have purchased but not used due to the termination of the service, including but not limited to compensation for no longer being able to use the account, virtual items, etc.

10. Applicable Law and Dispute Resolution

10.1 Your use of the Service, the validity/execution/interpretation/amendment of this Agreement, and the resolution of disputes shall be subject to the laws of the People's Republic of China, without regard to any conflict of laws.

10.2 If any dispute arises between you and us, you and we shall try to resolve it through friendly negotiation. If the dispute cannot be resolved through negotiation, either party shall have the right to submit the dispute to arbitration by the Guangzhou Arbitration Commission .

11. Others

11.1 Agreement Content and Revision: The content of this Agreement includes the main text of this Agreement and all privacy policies, rules, and notices that we have published or may publish in the future. The foregoing contents are an integral part of this Agreement and have the same legal effect as this Agreement. In order to provide you with better services or due to changes in national laws and regulations, policy adjustments, technical conditions, product functions, etc., we will revise this Agreement in a timely manner, and the revised content will constitute an integral part of this Agreement. After this Agreement is updated, we will remind you of the updated content in an appropriate manner so that you can keep abreast of the latest version of this Agreement. You can also check the latest version of the terms of the agreement on the homepage of the website or the software settings page. If you have any objection to the revised content of the agreement, you have the right to stop using this service immediately. If you continue to use this service after the effective date of the revised agreement, it means that you have agreed to accept the revised content of this Agreement.

11.2 The headings of the clauses of this Agreement are for convenience of reference only and do not in any way define, limit, interpret or describe the scope or limit of such clauses. This Agreement may exist in other multilingual versions. If there is any conflict between different versions, the Chinese version shall prevail.

11.3 Except as expressly provided in this Agreement and laws and regulations, all other rights not expressly authorized in this Agreement shall remain our property, and this Agreement shall not be construed as granting you any other rights by implication or otherwise. You shall sign a separate written agreement with us or obtain our prior written permission when you use other rights.

11.4 If any clause in this Agreement is invalid or unenforceable for any reason, the remaining clauses of this Agreement shall remain valid and legally binding.

11.5 You understand and agree that we have the right to independently determine our business strategy and transfer all rights and obligations under this Agreement to our affiliates or other legal entities based on business adjustments. We do not need to obtain your prior consent, but we will try to notify you in a reasonable manner. You may not transfer any of your rights or obligations under these Terms to any third party without our prior written consent .

11.6 If you have any comments or suggestions regarding the Service or all or any part of this Agreement, you can contact us through the following methods: Customer Service Email: [ colorwallpaper@126.com ].

FIGHT ENERGY GAMES（HK）LIMITED