Effective Date: August 5, 2020
The Boltrend Games License and Service Agreement (hereinafter referred to as the "Agreement") is entered into by and between you and Boltrend Games Service Provider, i.e., Boltrend, and this Agreement shall have legally binding force. Boltrend hereby reminds you to carefully read all the terms and conditions of this Agreement, especially the clauses that exclude or exempt the liabilities of Boltrend (such clauses usually contain "without any liability", " without obligation" and other words) and other clauses that limit the rights of users (such clauses usually contain the words "shall not"). Your acceptance of these clauses may cause difficulties, inconvenience or losses to you under certain circumstances, please make sure to double check the above-mentioned clauses before you accept this Agreement or use Boltrend Games Service.
Unless of otherwise stipulated by applicable laws, the conclusion, validity, performance, and interpretation of this Agreement and resolution of disputes in connection herewith shall be governed by the laws of Hong Kong，without regard to all conflict of law rules. Any dispute (including but not limited to the disputes over contracts and other property rights and interests) arising out of the content or execution of this Agreement shall be settled through friendly consultation between both parties. In case no settlement can be reached through consultation, the parties agree to submit the dispute to Hong Kong International Arbitration Centre (“HKIAC”) , in accordance with HKIAC 's arbitration rules in effect. The arbitration tribunal shall consist of three (3) arbitrators. The arbitration award shall be final and binding upon both parties.
Unless you have read and accepted each and all clauses of this Agreement, you shall not be allowed to use Boltrend Games. When you contract to use the Boltrend Games Service, you will be deemed to have read and agreed to accept all terms of this Agreement. You shall not thereafter raise the defense in any form on the ground that you have not read this Agreement or for similar reasons. You have the right to supervise Boltrend and Boltrend staff to provide services to you in accordance with the standards published by Boltrend during your use of Boltrend Games Service, and you may also make comments and suggestions to Boltrend in relation to the products and services of Boltrend at any time.
If you are a minor under the applicable laws of your country (region) or habitual residence, please read this Agreement in company with your parent or your other legal guardian (hereinafter referred to as the "Guardian(s)"). After obtaining the consent of Guardian for you to use Boltrend Games Service，pay fees to Boltrend，and accept all terms of this Agreement，you can use the Boltrend Games Service provided by Boltrend.
Unless otherwise stated, the following words shall have the following meanings:
1.1 Boltrend: the provider of Boltrend Games Service: Hong Kong Bao Chuan Software Technology Limited. Boltrend may provide Boltrend Games Service to you through its own website and platform, and any partner's website and platform.
1.2 You: also referred to as "player" or "user", means a natural person who, through the legal means provided by Boltrend, obtains the non-commercial license from Boltrend to install and use relevant game software or accept Boltrend Games Service.
1.3 Boltrend Game: means all games provided by Boltrend collectively (including any applicable version which can be operated on smart mobile devices and/or computer terminals in the form of client /micro client or web page, and so forth)，and any updates, upgrades, patches, expansions related to such game software.
1.4 Boltrend Game Service, or Service: means all online operation services related to the aforementioned games provided by Boltrend.
1.5 Game Virtual Currency: means a kind of virtual currency designed by Boltrend to meet your normal transaction and communication needs in Boltrend Game Service, obtained through purchasing with applicable legal currency, which can be used to exchange for specified value-added services, limited to use and circulation in specific games.
1.6 Game Data: means any data and information generated during your use of Boltrend Game Service and stored on the server of Boltrend, including but not limited to character data, grade, virtual items data (including but not limited to Game Virtual Currency, Game Currency, in-game items) and behavior logs and purchase logs, etc., provided that your name, ID number, telephone number, and other personally identifiable data are not Game Data.
1.7 Game Rules: means this Agreement，user codes, player regulations, game announcements, tips, notifications, and other contents, which are issued and updated by Boltrend Game Service provider from time to time for the purpose of managing in-game activities.
2.1 You may need to download and install relevant game software to use the Service, and you can obtain such software directly from Boltrend's websites or the third parties authorized by Boltrend. If you obtain Boltrend Game or a game with the same name as Boltrend Game from a third party without authorization of Boltrend, you will be deemed to have not obtained a license from Boltrend, and Boltrend will not guarantee the normal use of the game, nor compensate you for any losses caused thereby.
2.2 If Boltrend Game is provided in the form of software, Boltrend agrees to grant you a non-commercial, revocable，changeable，non-exclusive, non-transferable and non-sublicensable license to download, install, log in and use such Boltrend Game on a single terminal device. Any installation, use, access, display, operation, commercial use, and other activities relating to Boltrend Game without Boltrend's license shall constitute an infringement to Boltrend.
2.3 To provide better service, Boltrend has the right to change the game software (including but not limited to upgrade, update, add to and delete from, adapt, and so forth). After a new version of the software is released, the older versions may become unusable. Boltrend does not guarantee the continuous usability and the relevant client services of the older version of the software, please check and download the latest version regularly.
2.4 You understand and agree that, under no circumstances shall you commit any of the following acts(whether for profit or not)：
2.4.1 modify，translate，annotate, consolidate, disassemble, de-compile, reverse engineer the game software, or analyze, modify, attack or derive source code from any functions and programs of the game software by other technical means;
2.4.2 copy, reproduce，transmit and display all or part of the program, user manuals and other graphic/audio/visual materials of the game software；
2.4.3 rent, sell game software or using game software for commercial purposes;
2.4.4 modify or cover the product name, company logo, trademark (or) copyright information or other intellectual property notices on game software programs, images, animations, packages, manuals, and other contents;
2.4.5 create, publish, propagate and use the auxiliary tools or programs to hinder the fairness of a game in any form, including without limitation “Cheats”. “Cheats” means all programs independent of game software that can affect game operation while the game is running, including but not limited to emulating user's operation, changing operating environment, modifying data and so forth；
2.4.6 use a game software in an abnormal or illegal manner (including but not limited to using a game software to log in the private game server)；
2.4.7 attack, hack into Boltrend's website server or overload the website server and other behaviors that endanger the security of computer information network；
2.4.8 exploit the technical defects or bugs that may exist in the game software or online game system in any form to make profits for yourself or others (including but not limited to copying virtual items in the game) or engage in other improper conducts;
2.4.9 any other conducts in violation of applicable laws and regulations, and international treaties
3.1 Subject to your compliance with Game Rules and applicable laws and regulations, Boltrend agrees to provide Boltrend Game Service to you in accordance with this Agreement.
3.2 To use Boltrend Game Service, you shall prepare necessary equipment required for the Internet access by yourself, including without limitation smart mobile device and/or computer terminal, wireless router or other necessary Internet devices, and bear the telephone charges, Internet fees and other costs of internet access related to the Service.
3.3 You understand and agree that the provision of Boltrend Game Service by Boltrend is a commercial activity. Boltrend has the right to decide the monetizing methods and standards of Boltrend Game Service and related services (including but not limited to game, game extension content and in-game virtual items, etc.)，Boltrend has the right to determine different monetizing methods and charging rates for Boltrend Game Service and the relevant services at different stages，and adjust monetizing policy at any time at its sole discretion. You shall purchase relevant game content and services at the sale price published from time to time in Boltrend Game Service.
3.4 You are obliged to read the monetizing policy carefully before making your purchase. Once you choose to purchase Boltrend Game Service or the right to use related virtual items，or accept related services, you shall be deemed to have fully understood and accepted the corresponding monetizing policy and standards.
3.5 You shall not request to exchange any purchased game items and related services into any legal currency without the written consent of Boltrend.
3.6 Boltrend will keep your recharge records in accordance with the applicable laws of the jurisdiction where you are located. You may request assistance from Boltrend in accessing relevant records on the premise of providing the valid personal identity certificate consistent with the identity information registered on the relevant account, otherwise Boltrend has the right to reject your foregoing request and you shall bear all the losses caused thereby.
3.7 You fully understand and agree that the ownership of the game virtual items (including without limitation, game equipment, Game Currency, and game items) purchased by you shall belong to Boltrend, and you can use them only in accordance with applicable laws and Game Rules. If the a game virtual item is marked with "transaction prohibited", "bundled" or has other special marks, once you choose to purchase it, you shall not transfer such virtual items in any form (including without limitation transfer, gift, exchange, etc.). Also, part of the game virtual items may only be valid for a certain period of time, which will automatically become invalid after expiration.
3.8 You fully understand and agree that you may, subject to Game Rules, conduct transactions related to the Service only in Boltrend Game or on the trading platforms recognized by Boltrend. Any transaction between you and any third party other than the recognized transactions aforementioned (including without limitation, purchase, exchange or other acquisition methods of game virtual items and user accounts by any third party) will be deemed to be inconsistent with the provisions hereof. Boltrend has the right to take corresponding measures with respect to the game virtual items and game accounts involved in such transaction; if the breaches are serious, Boltrend reserves the right to further pursue your legal responsibility.
3.9 If you breach any provision of this Agreement, Boltrend shall have the right to take one or more measures specified in Section 8.2 hereof, and may publish the results of the punishment and request you to indemnify Boltrend, its affiliated companies and(or) cooperative partners for all losses caused thereby.
4.1 Registration and Modification of User Account
4.1.1 Subject to applicable laws of the jurisdiction where you are located, you may be required to register as a user of Boltrend or a partner recognized by Boltrend with your authentic identity, in which case you shall ensure the personal identity information provided you is authentic, complete and valid. In the event that you fail to register with your real name，or the registration information provided by you is incomplete，you may not be able to use the Boltrend Game Service or may be subject to restrictions in the use of Boltrend Game Service.
4.1.2 You fully understand and agree that the authentic and accurate personal identity information provided by you during registration should be deemed as the only evidence to confirm the association between you and your game account.
4.2 Using and Keeping User Account
4.2.1 You fully understand and agree that, Boltrend may verify the authenticity and validity of the identity information provided by you during registration, and actively take necessary measures to guarantee the safety and validity of the user's game account. You are obligated to take care of your account and password, and to use the account and password in a proper and safe manner. If you fail to perform any of the above obligations and thus result in the loss or theft of your game account, you should be legally responsible for any damage caused thereby.
4.2.2 You are legally responsible for the behavior of your account.
4.2.3 Once you find your game account and password are illegally used by others or have an abnormal situation of use, you shall deal with it in accordance with the handling methods announced by the account service provider and shall have the right to notify Boltrend to take measures to suspend the login and use of such game account. When you notify Boltrend, you shall provide your valid personal identity information that is consistent with your registered information for verification by Boltrend. Upon verifying that the personal identity information provided by you is consistent with the registered identity information, Boltrend shall take measures to suspend the login and use of the user's game account, otherwise Boltrend is entitled to reject the user's request, and you shall be responsible for any loss caused thereby.
4.3 If you use a third-party account recognized by Boltrend as the game account for Boltrend Game, you shall also comply with the agreements and rules with such third-party. You shall contact the third-party to resolve related problems arising from your use of the third-party account, including but not limited to account theft, and Boltrend may provide corresponding assistance to you depending on the circumstances.
6.1 You understand and agree that to provide you with better services, Boltrend have the right to inspect, maintain and upgrade the relevant equipment providing the Service periodically or aperiodically, and such circumstances may cause the interruption or suspension of relevant services within a reasonable time. You agree to waive the liability against Boltrend for any loss caused thereby.
6.2 You understand and agree that, considering the particularity of online service, you agree to waive the liability against Boltrend for any loss caused by the interruption or obstruction of the Services due to the following circumstances：
6.2.1 be damaged by computer virus, Trojan virus or other malicious program and hacking attacks：
6.2.2 malfunction of the computer software, system，hardware, and communication line of you or Boltrend;
6.2.3 improper operation by you;
6.2.4 you use the Service in a manner not authorized by Boltrend；
6.2.5 other circumstances that Boltrend cannot control or reasonably foresee.
6.3 You understand and agree that，Boltrend reserves the right to terminate all or part of the provision of Boltrend Game as it deems necessary and publish announcement before termination in accordance with the applicable laws of the jurisdiction where you are located.
6.4 Regardless of the reason for termination of Boltrend Game Service, you shall take corresponding measures to handle relevant matters on your own, including without limitation cancellation of the game account, handling in-game virtual items, and other relevant matters. You shall not request Boltrend to refund or indemnify you for any game content and services purchased by you due to the termination of Boltrend Game Service, except for the compensation made by Boltrend voluntarily subject to applicable laws and regulations.
6.5 You understand and agree that，after Boltrend terminates the provision of the Service to you due to your breach of the provisions hereof, if you continue to register and use the Service directly or indirectly (such as in the name of another person)，Boltrend shall have the right to suspend or terminate the provision of the Service to you.
7.1 You fully understand and agree that you shall be responsible for your behavior in the process of using this Service, and promise that when using this Service:
7.1.1 You are not allowed to produce, copy, publish or disseminate any information that:
(1) runs against any and all applicable laws, regulations and orders of any governmental authority in your use of the Services (including, without limitation, all export control laws, regulations, and orders)；
(2) undermines any applicable religious policies, and promote cults as well as feudal superstitions;
(3) spreadsrumors, disturbs the social order or undermines social stability;
(4) spreads obscenity, pornography, gambling, violence, terror or instigates a crime;
(5) insults or defames others, or infringes on legitimate rights and interests of others;
(6) incites illegal assembly, association, march, demonstration, gathering and disturbs social order;
(7) carries out any activity in the name of illegal civil organizations;
(8) contains other contents prohibited by applicable laws and regulations.
7.1.2 You shall comply with Game Rules.
7.1.3 You shall not request any refund of amounts paid in relation to Boltrend Game from third party service providers without notifying Boltrend with reasonable cause, and shall not illegally take advantage of any recharge credit as a result of such refund. For clarity, recharge credit means the right to obtain and use virtual goods or value-added services by successfully recharging Boltrend's service).
7.1.4 You shall not tamper with Boltrend's service in any way.
7.2 If you violate Game Rules or relevant laws and regulations during the use of this Service, Boltrend has the right to take one or more of the following measures against you depending on the severity of the circumstances, and may publicly announce the results:
(1) Warning: warning is only educational guide for users who violate the Game Rules. It is a way to manage the normal operation of the game.
(2) Mute: closing some or all chat channels of the violating users, forcing the suspension of the online dialogue function of the users’ game account, so that the user’s game account cannot chat with other users until the penalty expires or is cancelled.
(3) Temporarily freeze the gameplay: limit the game characters of the violating users and restrict their local game operations until the penalty expires or is cancelled.
(4) Permanently freeze the gameplay: restrict the game characters of the violating users and restrict their local game operations permanently.
(5) Temporarily prohibit login: the user account of the violating user will be temporarily prohibited from logging in to use a specific game or games provided by Boltrend for a certain period of time, until the penalty expires or is cancelled.
(6) Permanent login prohibition: the user account of the violating user will be permanently prohibited from logging in to use this Service.
(7) Force offline: force the violating user to leave the current game and end the execution of the user's current game program.
(8) Suspend account: suspend or permanently stop the rights of the violating user to log in their game accounts.
(9) Delete file: delete the character file of the violating user in the game world, so that the character will not appear in the game world again.
(10) Dissolve organization: dissolve organizations established by the violating user including but not limited to gangs, trade unions, forces and other organizations.
(11) Modify nickname: force to modify the nickname or name which can be named by the users on their own, including but not limited to, where applicable, character nickname, gang name, booth name, store name, pet name, summon beast nickname and space name, etc.
(12) Temporarily restrict game behavior: the user account of the violating user will be restricted from using some game services within a certain period of time.
(13) Cancel transaction: cancel the violating transaction and restore the game virtual items paid by both parties of the transaction.
(14) Confiscation of violation transaction income: confiscate game virtual items obtained by the violating party or both violating parties in the violation transaction.
(15) Trading function restriction: temporarily freeze the virtual game items obtained by the violating party or both violating parties in the violating transaction, and continue to investigate their in-game behaviors within the specified period. If it does not violate the regulations again within the specified period, the corresponding game virtual items will be automatically unfrozen upon expiration; if it violates the regulations again within the specified period, the frozen virtual game items will be confiscated when Boltrend determines the existence of the violations.
(16) Freeze game virtual items: relevant functions of game virtual items that restrict users to their game characters, including but not limited to the use, transaction and giving of items.
(17) Retrieve game virtual items: retrieve game virtual items obtained by users due to fraud or other violations.
(18) File a corresponding civil lawsuit for your violation of laws and regulations, pursue your infringement, breach of contract or other civil liabilities, and request you to compensate Boltrend and/or its affiliates as well as legal rights holders for losses suffered from your violation of Game Rules, laws and regulations, including the direct economic losses, reputation or goodwill losses suffered and the compensation, settlement fees, lawyer fees, litigation costs as well as other indirect losses paid by Boltrend, or transfer to the relevant administrative authority for administrative punishment, or transfer to the judiciary to pursue your criminal responsibility.
(19) Other punishment measures: including but not limited to confiscation of unjustified benefits (such as virtual items obtained by users through improper channels), rebate of value within the games (including but not limited to experience value), deleting forum posts, restricting game behavior, blocking forum account and temporary service interruption, etc.
8.1 Boltrend, its affiliated companies and(or) cooperative partners own all the intellectual property rights (including but not limited to the copyright of computer software and artistic works and patent rights, etc.) and other rights of Boltrend Game (including but not limited to game software and all the in-game characters, scenes, music, skills, storylines, gameplay and other elements), as well as all legal ownership of all information and contents related to Boltrend Game (including texts, images, audios, videos, graphics, interface designs, layout frameworks, related data or electronic documents, and so forth)，or has obtained legitimate licenses from the legitimate owner or holder to be entitled to provide you with the Service.
8.2 Boltrend and its affiliated companies have not granted you any intellectual property rights in relation to Boltrend Game due to this Agreement or the Service provided to you. Without the prior written consent of Boltrend, You shall not commercially use Boltrend Games (including the whole Boltrend Game and all contents, components, or elements therein) in any way.
8.3 The characters and logos ”Boltrend“embodied in the Service, and the characters and logos used in specific services to identify the name and source of such services (including but not limited to the name, logo, ICON of Boltrend Game Service, and the name, logo, ICON of the game software developers, and so forth), are trademarks or registered trademarks of Boltrend, its affiliated companies or cooperative partners. You shall not use such trademarks without legal authorization.
8.4 The ownership and intellectual property rights of the Game Data generated during your use of the Service are owned and managed by Boltrend as part of the game software.
8.5 The Service may involve third-party intellectual property rights, and if such third-party has any requirement on your use of such intellectual property rights, Boltrend will inform you of the said requirement in an appropriate manner, and you shall comply with such requirement as well.
8.6 In the Service, you may provide opinion, data, information, text, picture, video, audio, links and other content ("User Content") through various methods such as uploading, sending, and public publishing, etc. Under such circumstances, you still have the complete intellectual property rights of the content provided by the user. You must ensure that you own the copyright of the content provided by the user or have been legally authorized, and your use of the Services and the User Content shall not infringe the legal rights of any third party.
8.7 You hereby expressly agree that while providing the aforesaid User Content, you will irrevocably grant Boltrend and its affiliates with a global, permanent and free license to allow Boltrend and its affiliates to use, distribute, copy, modify, sublicense, translate, publish, perform and display User Content, and use the User Content to create derivative works
8.8 All rights not expressly granted to you herein are reserved.
9.1 All links provided by Boltrend during the Service may be linked to the websites of third party individuals, companies or organizations. The purpose of providing such websites is to facilitate users to search or obtain relevant information by themselves. Boltrend does not guarantee on the authenticity, completeness, instantaneity or credibility of the products, services or information provided by the linked individuals, companies or organizations' websites. There is no employment, appointment, agency, partnership or other similar relationship between these individuals, companies or organizations and Boltrend.
9.2 Boltrend may publish commercial advertisements or other promotional information on the game's official website, game official forum and the games. The advertisers or commercial service providers providing these advertisements or promotion information shall be responsible for such information. Boltrend only provides the medium for publishing such content.
9.3 The transaction behavior of the goods or services you purchased through the linked websites or advertisements only exists between you and the provider of the goods or services, and has nothing to do with Boltrend. Boltrend shall not be responsible for the transaction between you and the provider of the goods or services, and you should pay special attention to it.
10.1 You shall make your own judgment on the content accessible through this Service, and be responsible for all risks arising from the use of the content, including risks arising from the dependence on the correctness, completeness or practicality of the content. Boltrend cannot and shall not be responsible for any loss or damages caused by the aforementioned risks.
10.2 To the maximum extent permitted by applicable laws, Boltrend shall not be responsible for any incidental, consequential, special, or indirect damages or claims related to your use of this Service or in any way related to Boltrend's products or services.
10.3 You understand and agree that Boltrend will use commercially reasonable efforts to protect the security of your data storage in this Service, by way of example, Boltrend makes no guarantee for the following circumstances:
(1) Boltrend shall not be responsible for your failure to delete or save relevant data in this Service;
(2) Subject to applicable laws and regulations, Boltrend reserves the right to determine the maximum storage period of data for this Service by a single user according to the actual situation, and allocate the maximum storage space for data on the server. You can back up the relevant data in this Service according to your needs;
(3) If you stop using this Service or the Service is terminated or canceled, Boltrend may permanently delete your data from the server subject to applicable laws of the jurisdiction where you are located. After the service is stopped, terminated or canceled, Boltrend has no obligation to return any data to you.
10.4 You understand and agree that Boltrend shall not be responsible for losses caused by any monetizing methods adjustment in the Service as set forth in Section 3.
10.5 You understand and agree that Boltrend shall not be responsible for losses caused by force majeure. The force majeure referred to in this Agreement includes: natural disasters, changes in laws and regulations or government directives, specific reasons due to the characteristics of network services, such as failures of basic telecommunications operators at home and abroad, computer, mobile smart device or Internet-related technical defects, Internet coverage limitations, computer and mobile smart device viruses, hacker attacks and other factors, as well as other objective situations that are unforeseeable, unavoidable, and insurmountable within the legal range.
You fully understand and agree that Boltrend has the right to modify this Agreement when necessary, and will remind you on the content modifications in game, on important pages of its official website or official forum in advance. You shall regularly check the relevant content. If you continue to use the services provided under this Agreement, you are deemed to have agreed on the content modifications; if you do not agree on the content modifications, you have the right to terminate this Agreement and stop using the services provided under this Agreement.
All the notices sent to users by Boltrend shall be delivered through announcements, emails or regular phone calls, mobile text messages and letters, etc. in game, game official website or game official forum important pages. At the same time, the users hereby agree that Boltrend may send commercial information by emails, phone calls, mobile text messages, and letters.
You understand and agree that you should protect and maintain the interests of Boltrend and other users when enjoying Boltrend Game services. If you violate this Agreement, other rules issued by Boltrend or national laws and regulations, Boltrend has the right to, at its sole discretion, immediately revoke the relevant license, terminate the service provided to the user and pursue the legal responsibility of the user through various legal ways. You understand and agree that under these circumstances, you have no right to request Boltrend to refund or compensate any game content and services you have purchased, and you shall solely be responsible for any third parties’claims, requirements or losses caused or generated thereof, and you shall indemnify Boltrend and its affiliates from and against any losses suffered thereof, including but not limited to attorney fees, compensation for damages and government authorities’penalties etc.
14.1 The headings of all the terms in this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of this Agreement and relevant terms.
14.2 This Agreement constitutes a complete agreement between the parties on the matters agreed in this Agreement and other related matters. Except as provided in this Agreement, no other rights are granted to the parties under this Agreement.
14.3 If any clause in this Agreement is determined to be completely or partially invalid or non-executable for any reason, the invalid or non-executable clause will be replaced by a valid and enforceable one which is closest to the original clause, and the remaining terms of this Agreement should still be valid and enforceable.
14.4 For the avoidance of doubt, you agree to use the data stored on Boltrend's server as the basis on deciding the related issues involved in this Agreement. Boltrend guarantees that such data is authentic.
14.5 Boltrend's failure to exercise, to exercise in time or not fully exercise the rights under this Agreement or in accordance with the law shall not be deemed as a waive, nor will it affect Boltrend's exercise of this right in future.