TERMS OF SERVICE
The BenzGames website (the "Site") and its contents are owned and operated by Benjie Network Co., Ltd ("BenzGames", "we", or "us") and its partners. Please read the terms of this document before attempting to use the Site.
If you do not agree with the Terms, your option is to discontinue usage. BenzGames reserves the right to change the Terms at any time; provided however, that such changes to the Terms will not be applied retrospectively. You should review the Terms on a regular basis. Continued usage of the Site and/or the Services is construed as your acceptance of the changed Terms.
The Site and the Services, including the Games, are owned and operated by BenzGames and/or its partners. BenzGames does not guarantee the continuation of the Services. Access to the Site and/or the Services requires an account. BenzGames is dedicated to protecting your privacy and takes all necessary and reasonable steps towards protecting your information. We do not knowingly collect, store, or disseminate information for persons under the age of 13. For information regarding our security standards, please refer to the Policy.
Your account is your pass to the Site and the Services. You are required to create an appropriate username as well as a password. You are solely responsible for the security of your account information and we recommend all players regularly update their passwords and make the passwords difficult to guess. More information about your account can be found in Section 4.
3. Definition of the Terms
"User Content" is any data you upload or transmit on or through the Services, including profiles and in-game conversations. We advise all players to be wary of the accuracy or legitimacy of User Content. More information regarding User Content can be found in Section 6.
"Termination" or "suspension" refers to any mute, temporary ban, or permanent ban of an account or a character. BenzGames may limit, temporarily suspend, or permanently terminate your account or access to the Services or modify or remove any User Content in its sole discretion, and BenzGames is under no obligation to compensate you for any losses or damages in this connection. More information about termination is available in Section 9.
"Virtual Currency" is defined as any in-game currency used to purchase products from BenzGames or its partners. More information regarding Virtual Currency, pricing, and applicability can be found in Sections 5 & 12.
In order to access the Site and the Services, you are required to register an account. By creating an account, you acknowledge that we are granting you a limited, non-transferable, non-exclusive, personal, non-commercial license to the Services, subject to the limitations of the Terms. You acknowledge and agree that you have no ownership or other proprietary interests in any account stored or hosted in an BenzGames system, including without limitation your BenzGames account or any Games account and you further agree that all rights in and to such accounts are and will always be owned by and inured to the benefit of BenzGames.
When creating an account, you must choose a username. This username cannot infringe on the rights of any third party, impersonate or imply another persona, be illegal, offensive, racist, obscene, unlawful, or be deemed in any way inappropriate. We, in our sole discretion, reserve the right to review your username and its appropriateness. Multiple accounts are acceptable, however this should not be used to abuse, exploit, or take advantage of any in-game event, bug, or game interaction. We have sole discretion with respect to identifying any username or account abuse.
At the time of account creation, you will be required to set a password. Your password should be treated with care and should be kept confidential. You should choose a password which is difficult to guess and should be updated regularly. You should not follow any instructions to input your password except when entering your account information to log into the Site.
By creating an account, you are able to log onto and participate in our forums. On the forums, you are given the ability to upload a picture, write a profile, and/or create a signature. All forum account information, regardless of location, shall not be unlawful, threatening, abusive, defamatory, obscene, or racially, ethnically, or otherwise offensive. Exercise caution when updating your forum profile as this information is accessible to other forum users.
5. Unauthorized Trades/Transactions
BenzGames does not recognize any sale or trade of Virtual Currency and/or accounts. You may not purchase, sell, gift, or trade any account, or offer to purchase, sell, gift or trade any account, and any such attempt shall be null and void. BenzGames owns, has been licensed, or otherwise has rights to all of the content that is contained in the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Games, or any other attributes associated with any account.
BenzGames does not recognize any purported transfers of virtual property executed outside of the Games, or the purported sale, gift, or trade in the "real world" of anything that is contained or originates in the Game. Accordingly, you may not sell in-game items or currency for real currency, or exchange those items or currency for value outside of the Games or for the purchase of tangible or physical products or other services. Furthermore, BenzGames does not recognize or provide services to enable the transfer of virtual currency among its players. Any aforementioned transactions shall be at your own risk and you shall be solely responsible for any liabilities resulting from the same. In the event that you carry out any of the aforementioned transactions, you hereby acknowledge that BenzGames has no involvement therein whatsoever and shall in no event be liable for such actions. You further acknowledge that BenzGames has warned you against carrying out the abovementioned transactions.
6. User Content
The Services of BenzGames enables users to interact online and display and communicate information and content chosen by those users, and that users likewise can alter the service environment on a real-time basis. BenzGames does not control or endorse the content of communications between users, or users' interactions with each other in the Services. We reserve the right to suspend, alter, remove, or delete User Content, or to limit, temporarily suspend, or permanently terminate access to the Services, if:
1. it breaches the Terms or the Policy;
2. it violates the rights of other users or BenzGames;
3. it is the subject of a complaint;
4. it violates applicable intellectual property laws or it infringes on the copyrights of BenzGames or any other third party;
5. it is of a criminal or unlawful nature;
6. it violates law or requirements of any appropriate regulatory authority;
7. it contains any content or language which, in the sole and absolute discretion of BenzGames, is deemed to be libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise -objectionable; or if it contains any deliberate misspellings or alternative spellings to
circumvent the content and language restrictions;-
8. it points to content deemed by BenzGames to be inappropriate, including without limitation, any website links or URLs directed to other commercial products or
service, or any website links or URLs to any materials (including software and other information) that would allow others to inappropriately access software
9. it harasses, demeans, abuses, or spams any user or BenzGames staff;
10. it masks your identity for the purpose of posing as any other user, BenzGames staff, or government official; or
11. it contains malicious software or is of a malicious nature, including but not limited to viruses, trojans, keyloggers, or any program that could harm (or is
designed to harm) other players' computers or the Services.
You agree to not only adhere to the above standards, but also to refrain from encouraging, enabling, or otherwise assisting other users to post or submit User Content that does not comply with the Terms or applicable law. You are solely responsible for any User Content generated by you, as well as its accuracy.
By using the Services, you grant BenzGames a perpetual, worldwide, non-exclusive, royalty-free right to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such User Content. You acknowledge that BenzGames does not guarantee and is not responsible or liable for the quality, safety, legality, truthfulness, or accuracy of any such User Content or user conduct nor any identity information about such user.
7. Abuse and Harassment
Notwithstanding anything previously outlined, BenzGames does not necessarily monitor any User Content on the Site. You may not abuse or harass users and/or BenzGames staff, which is defined as sending of junk messages, use of gibberish, slander, swearing, racism, impersonation, threatening, scamming, cheating, or any other conduct BenzGames, in its sole discretion, deems inappropriate.
BenzGames is not liable for any loss or damage resulting from or associated with any false claims, inaccurate information, or otherwise questionable actions made by any user. BenzGames does not monitor offline interaction among its users. You hereby acknowledge that any contact by you with any other user outside of the Services, i.e. in "the real world", is at your own risk without any involvement of BenzGames and you are solely responsible for any consequences resulting therefrom. If you wish to report any abuse, harassment, or inappropriate conduct within the Services, please visit BenzGames Support.
You are not permitted under any circumstance or for any reason to cheat or utilize third party applications or code in order to gain unfair advantages in, or acquire Virtual Currency or items from, any of our Games. You agree not to design, disseminate, or use any third party programs designed to change any Game offered on the Site, or assist in the design of a third party program that changes any Game offered on the Site. You will be responsible for any damages to BenzGames resulting from any of your use, dissemination, or design of such programs.
You may not:
1. reverse-engineer, decompile, or modify any of the game clients and use it in any way;
2. exploit any cheats or errors which you find in the Services. Any cheats or errors you discover during your use of the Services must be reported immediately to us;
3. attempt to access any other user's account;
4. misuse any of our customer service facilities;
5. deliberately enter false information into any of the forums on the Site; or
6. encourage or attempt to trick other players into breaking our rules.
If BenzGames discovers any of the aforementioned cheats or hacks, it may, in its sole discretion, suspend or terminate your account immediately, without notice to you. We may also place access restrictions based on your I.P. address to the Site and the Services.
9. Termination of Services
Notwithstanding the foregoing, BenzGames, for any reason and in its sole discretion, may decide, in good faith, that any person shall be denied access to any part of the Services or the Games. We may suspend, terminate, modify, or delete any BenzGames account or game account at any time for any reason with or without any notice to you. You acknowledge that you are not entitled to a refund, in whole or in part, for any anything in connection with the terminated account.
You agree to cease and desist immediately from any attempt to access the Site and/or your account upon issuance of termination. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Services.
BenzGames takes every necessary precaution to ensure the stability of the Site and the Services. However, they are subject to scheduled and unscheduled maintenance and there may be incidents that might result in loss of server data. Server data is solely owned by BenzGames and you acknowledge that you will not hold BenzGames liable for any such loss of data. We perform maintenance in good faith in order to preserve the quality and stability of the Services and to improve, fix, or otherwise maintain the Site. Such maintenance may interfere with gameplay and the availability of the Services.
In the case of announced or unannounced down-time of the Services, BenzGames is not responsible for disruptions relating to timed game events, purchases, subscriptions, Virtual Currency, or anything relating to, or deriving in, the Games or the Services. You understand that you will not be entitled to any refunds of fees or other compensation for any interruptions in the Services.
Playing the Games on the Site may require specific technical requirements. BenzGames does not guarantee the compatibility of your computer or software with any of the Games or the Services, nor is BenzGames responsible for any interruption or loss of data on your computer resulting from incompatible systems with the Games or the Services.
11. Advertising in the Services
If you download and/or play the Games, you will receive advertising messages that appear within and around the game environments. If you do not wish to receive advertising messages, do not use the Services.
The advertising in the Games or on the Site generated by third parties does not constitute an endorsement by BenzGames, or its subsidiaries and affiliates, of the opinions or views expressed by these third party websites or advertisers. BenzGames explicitly disclaims any responsibility for the accuracy, availability, completeness, or quality of the content contained on such sites. Further, BenzGames is not responsible for the quality or delivery of the products or services offered by, accessed through, obtained by, or advertised in such advertisements, including the third party websites linked therein. As such, neither BenzGames nor its subsidiaries and affiliates are responsible for any errors or omissions, or for the consequences resulting from the use of such information contained in such advertisements, including the third party websites linked therein.
12. Pricing and Payment
BenzGames offers Virtual Currency for purchasing in-game goods and/or services through a variety of different payment processing methods available on the Site. Before you purchase Virtual Currency from BenzGames through its payment partners, you will be asked to confirm that the purchase that you intend to make is correct. In the event of an incorrect credit, please immediately notify us by visiting BenzGames Support.
BenzGames offers several different payment processing methods on the Site:
1. Credit card: If you are paying through a PayPal account, Moneybookers, UltimatePay, or the like, and you are under 18, you hereby acknowledge that you must
have obtained the permission from your legal guardian to use this account for payments on our website.
2. Mobile phones: If you are under 18 years old and you are paying through a mobile phone, you hereby acknowledge that your legal guardian must have been
informed and has agreed to the purchase amount prior to the purchase.
3. Pre-paid cards: If you are using pre-paid cards, you hereby acknowledge that such pre-paid cards must have been purchased from an authorized retailer and are
not altered in any way.
Virtual Currency purchases are non-transferable and any purchases made in any one of the Games are only for use in that relevant game. We reserve the right, in our sole discretion, to change the in-game value of Virtual Currency, amount of Virtual Currency needed to purchase in-game items, or remove items in-game that can be obtained with Virtual Currency.
All purchases made on the Site are final: we do not provide cash refunds or credits for Virtual Currency purchases. You may not trade, gift, or sell any Virtual Currency or in-game items for any reason, nor may you encourage others to do so. We reserve the right to delete, restrict access to, or reduce the value of Virtual Currency if:
1. there is evidence of breaching our policies on Virtual Currency;
2. the Virtual Currency has been credited due to an error; or
3. a purchase was made illegally, illegitimately, or there was a chargeback.
For monthly subscriptions, the renewal charge shall be equal to or less than the original subscription price, unless otherwise notified in advance by BenzGames. You may notify BenzGames that you wish to cancel your subscription at any time. BenzGames agrees that it will terminate your subscription upon receipt of notification from your account as described below. If the notice of cancellation is received within the first 15 days following the first day of the billing cycle, you may be eligible to receive a refund of all subscription fees for the service, but will still be obligated to pay any other charges incurred.
Your right to use the Services is subject to any limits established by BenzGames or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to BenzGames for any reason, including chargebacks, BenzGames reserves the right to either suspend or terminate access to your account, thereby terminating the Terms between you and BenzGames and all obligations of BenzGames hereunder.
13. Intellectual Property Rights
Our Site and its content are owned and operated by BenzGames and its partners. All content, including the forums, the Games, the Site, and/or the Services offered are solely owned by BenzGames and its partners and protected by copyright, trademark, patent, and other intellectual property laws and regulations and other applicable laws and regulations. You acknowledge that you have no claims on, interest in, or license to copy, reproduce, distribute, or otherwise exploit for any commercial purpose the Site and the Services.
You agree to indemnify, defend, and hold harmless BenzGames, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of the Terms by you. BenzGames reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BenzGames in asserting any available defenses.
BENZGAMES SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHEN PERMITTED BY LAW, BENZGAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENZGAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BENZGAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BENZGAMES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS, OR CORRECTIONS IN THE EVENT THAT, (A) ANY POST, SUBMISSION, OR ALLEGATION WOULD INFRINGE ON ANY COPYRIGHTS, TRADEMARKS, OR THE RIGHTS OF ANY THIRD PARTY; (B) YOU BREACH THE TERMS OR ANY APPLICABLE LAW; (C) YOU ACCESS THE SITE OR THE SERVICES, INCLUDING ACCESS FROM THIRD PARTY PLATFORMS OR SUBMISSIONS; (D) ANY VIRUSES, TROJANS, WORMS, SPYWARE, OR ANY OTHER MALICIOUS OR HARMFUL SOFTWARE ARE TRANSMITTED TO THE SITE, THE SERVICES, OR ANY THIRD PARTY PLATFORM; AND/OR (E) ANY ALLEGATION THAT YOUR USER CONTENT POSTED, SUBMITTED, CONCEPTUALIZED, OR OTHERWISE CREATED AND/OR DISPLAYED ON OR PERTAINING TO BENZGAMES SITE OR SERVICES CAUSES, WITHOUT LIMITATION, LIBEL, DEFAMATION, LOSS OR HARM OF REPUTATION, OR ANY OTHER DAMAGES WHATSOEVER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
16. Liability for Our Services
WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE SHALL BENZGAMES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE SITE, EVEN IF BENZGAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BENZGAMES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
The Terms governs the relationship between BenzGames and you and can only be changed or terminated in writing, nor do the Terms create any third party beneficiary rights. If you do not comply with the Terms, and we don't take action immediately, all our rights under the Terms are nevertheless expressly reserved. We may take action in the future. The invalidity or unenforceability of any part of the Terms shall not affect the validity or enforceability of any other part hereof. If any part of the Terms is, for any reason, determined to be invalid or unenforceable, there shall be deemed to be such minor changes (and only such minor changes) as are necessary to make it valid and enforceable.
BenzGames operates and controls the Site from its offices in China. You can reach us via postal mail at Room802-5, No.57 Building, Wanghai Road, Xiamen software park phase II, China. Our company registration ID is 91350200587889477J. You can also contact us via phone at +86 05925930820. BenzGames makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms and all matters or disputes arising out of or relating to the Terms or the Services will be governed by, construed, and enforced in accordance with the laws of China (without regard to any principles of conflicts of laws). All claims arising out of or relating to the Terms, the Services, or the Site shall be litigated exclusively in the courts located in China, and you hereby expressly consent to personal jurisdiction in those courts.