TERMS OF USE
1. Introduction
Thank you for choosing Chronos 9's products and services. These Terms of Use ("Terms") reflect the way Chronos 9's business works, and define our relationship with you as you interact with our products and services.
In the event of any disputes, controversies or claims arising between you and Chronos 9, these Terms require that such matters be submitted to binding and final arbitration. Unless you choose to opt out of the arbitration agreement, you will be bound by it. All disputes, controversies and claims between you and Chronos 9 will be resolved individually, and not as a class arbitration, class action, or any other representative proceeding, or by jury trial. Please refer to Section 11 of these terms, which is of particular importance.
1.1 About Us. Your relationship is with the publishing entity for the Services and Software (each defined below) that you use and interact with. Please find below a list of the Chronos 9 affiliate companies, along with their respective contact information. The publishing entity, its affiliates ("Affiliates"), and any of its respective members, officers, directors, and employees are collectively referred to as "Chronos 9", "we", "us", or "our". While these companies are affiliates under the Chronos 9 brand, each is a separate, independent corporate entity with its own business operations and activity.
1.2 Our Services and Software. These Terms apply to the interactive services provided to you through our gaming and software applications, websites operated by us, and any related services (together referred to as our "Services") and your installation and use of any software that we include as part of the Services, including, without limitation, mobile, desktop, and console applications, files, scripts, instruction sets, and related documentation (collectively, the "Software"). Unless expressly stated otherwise, references to the Services in these Terms include the Software. Furthermore, when using our services, you may be subject to any community guidelines or rules applicable to such services, which may be posted from time to time.
1.3 Age Requirement. Please note that access to certain services or features may be subject to age restrictions and may not be available to all users. If you are under the age of 18 (or the applicable age of majority where you live), you must have your parent or guardian's permission to use certain restricted features within the Services or the Software. If you are a parent or guardian of a minor, you must ensure that the minor does not use any restricted features of the Services or Software. By allowing a minor to use any restricted features, you accept full responsibility for their activities on the Services and Software.
1.4 Privacy Policy. Your access to and use of the Services is subject to our Privacy Policy, incorporated herein by reference. We may store, process and transmit your data on servers outside of the region where you are located.
1.5 By using the Services, you consent to entering into these Terms electronically, and to the storage of records related to these Terms in electronic form. Should you not fully understand or agree to these terms, we respectfully request that you do not use the services.
2. Accounts
2.1 It is your responsibility to ensure that your account information is kept secure and confidential. It is important to note that your account, along with any associated rights and obligations under these Terms, must not be shared, sold or transferred to any third parties without our prior consent. Similarly, you are not permitted to share your account information with others. Users of the Services or the Software must not be collected or harvested, including their account names.
2.2 Should you create a Chronos 9 Games Account, you will be able to access our website and applications, as well as those of our affiliates and partners. In this case, we may collect and process data associated with the Games Account as it is used on these websites and applications. Please be advised that such data shall be processed in accordance with our Privacy Policy. If you access or log into the Services using your gaming or social media account (e.g. Apple, Discord, Facebook, Google, LINE or Twitter, collectively "Third-Party Account"), then you should review and comply with the terms of use of the applicable Third-Party Account provider, as their terms of use apply in relation to your use of the Third-Party Account. Please note that when you use and access a third-party website or application, your personal information may be collected and processed by a third-party provider. You are at liberty to use third-party websites and applications or the Third-Party Account as you see fit. We have no control over these platforms and are not responsible for the third-party provider's performance or failure to perform in any respect.
3. Services
3.1 License. Provided you comply with these Terms and any applicable laws, we hereby grant you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, and limited licence to install, access, and use the Services and Software that we make available to you. The licence is granted for the sole and exclusive purpose of enabling you to use the Services and Software for your internal and personal purposes. The right of use refers to the right to represent and implement the Services in accordance with their intended purpose, in SaaS mode via a connection to an electronic communications network, or the right to download a single copy of any mobile or computer applications or other software provided to you in connection with our Services.
3.2 Restrictions.
(a) It is essential that any permitted copy of the Software that you access or download contains the same copyright and other proprietary notices that appear on or in the Software.
(b) Unless expressly permitted in these Terms, you must refrain from: (1) Host or stream the Services or Software; (2) allow third parties not acting on your behalf to access the Services or Software; (3) circumvent technological measures intended to control access to the Software; (4) develop, distribute, or use with the Software, products that circumvent the technological measures; (5) adapt, modify, translate, arrange, distribute, create derivative works, reverse engineer, disassemble, or decompile the Services or Software; or (6) duplicate, copy, rent, lease, sell, sublicense, assign, or transfer any portion of the Services or Software or your rights in the Services or Software.
(c) As part of the Services, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you in connection with the Services or Software. These messages are intended to update you regarding the status of deliveries.
4. Please be advised of our company's policy regarding user conduct and content.
It is vital that we comply with all applicable laws. It is imperative that you adhere to all applicable laws, regulations, decrees, orders, injunctions, and other mandatory governmental limitations in effect at your location when utilising our Services. Should any applicable law restrict or prohibit the use of our Services, you must adhere to these restrictions or refrain from using our Services.
4.2 Your interaction with other users. You are responsible for your interactions with other users of the Services. While we may monitor interactions between users of our Services, we do not have an obligation to do so. We cannot be held liable for interactions between our users, or for any user's actions or inactions. You hereby release the Chronos 9 Entities (as defined below) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with another user. By entering into this release, you expressly and, to the extent possible under applicable law, waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
4.3 Content. Users may send, upload, communicate, transmit, generate, or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, nicknames/usernames, or other materials ("Content") via our Services. Please be aware that you are responsible for any and all content that you may provide via our services, whether published in public or sent in private. In order to operate the Services, we must obtain certain license rights in your Content. This is necessary to ensure that any actions taken in operating the Services are not considered legal violations. By using the Services and uploading your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute and modify (for technical purposes, e.g. ensuring content is viewable on smartphones as well as computers and other devices) your Content, but solely as required to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for the duration of your Content's storage with us) and include a right for us to make your Content available to, and pass these rights along to, third parties with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations. By posting your Content via our Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and authority necessary to grant the rights granted herein for your Content.
4.4 Content Restrictions. With regard to such content, you agree to comply with all applicable laws and to the following:
(a) You must not provide any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, promotes hate, politically-motivated, pornographic, sexually explicit or otherwise in violation of applicable law.
(b) You must not share or generate any content that sexualises minors or that is intended to facilitate inappropriate interactions with minors, other users, or the public (e.g. threats of serious bodily injury, threats to public safety, etc.).
(c) You must not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files.
(d) You must not provide any Content that would constitute a breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality.
(e) You must not provide any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation.
(f) You must refrain from providing any content that infringes the intellectual property rights of any third party, including but not limited to patents, trademarks, trade secrets, copyrights, or other proprietary rights.
(g) You must not provide any content that contains anything that, in the sole determination of Chronos 9, is objectionable or inhibits any other person from using the services, or which may expose Chronos 9 or its users to any harm or liability of any kind.
4.5 User Conduct. By using our services, you agree that you will not:
The use of unauthorised third-party software, including cheats, automation software (bots), hacks, mods, or any other software designed to modify, tamper with, scrape information from, copy, or reverse engineer any part of the Services and Software, or to connect to the Services, is strictly prohibited. This includes simulating game user operations, changing the operating environment, modifying data to disrupt other users' game experience through external software, including but not limited to scripts (robots), plug-ins, button wizard software or third-party tools (e.g. the multi-open function under the simulator, synchronizer, record macro, keyboard mapping, cloud phone, etc.).
(b) Please ensure that you use our Services for commercial purposes (unless otherwise specified in the Services) or for any purpose that a reasonable person is unlikely to believe is within the spirit of fair play. This includes, but is not limited to, attacking or killing teammates without cause, intentionally lowering scores, deliberately quitting matches, etc.
(c) Collect only the information that is reasonably necessary for the use of our services, and refrain from collecting information about other users.
(d) Unless expressly permitted, transfer Virtual Points or Virtual Goods (defined below) in any way once you purchase them, including but not limited to attempting to trade the Virtual Points or Virtual Goods within our Services with real money or real items via any third-party platforms, or attempting to provide mediation, intermediary or agency service for such trade in or outside our Services (collectively, "Real Money Trading", or "RMT"), including, but not limited to spamming, spreading RMT advertisements within or outside our Services, and conducting RMT via any in-game functions.
(e) Undue attempts to gain advantage or benefits, such as the unauthorised use of another person's credit card to purchase Virtual Points or Virtual Goods, repeatedly cancelling purchase orders after earning free Virtual Points or Virtual Goods, or after consuming Virtual Points or Virtual Goods, etc.
(f) Do not impersonate any person or entity, nor falsely state or otherwise misrepresent your affiliation with a person or entity. Please ensure that you disclose any applicable sponsorship or endorsement relationships when you leave a review.
(g) Undertake any action that could result in the disablement, impairment or destruction of the Services and Software.
(h) Use of our services in any manner not expressly permitted by these Terms or any applicable community guidelines or rules, or in violation of applicable law, is strictly prohibited.
5. Virtual Points and Virtual Goods
5.1 "Virtual Points" refers to the virtual currencies, including but not limited to, virtual gold coins, crystal and energy points, available within the Services or Software. 'Virtual goods' refer to items or features that are utilised within the scope of our services or software. These may include, but are not limited to, in-game consumables, card packs, chests and other items that are depleted during gameplay.
5.2 Please be aware that the Services and Software are not being 'sold' to you; you have no ownership, title or other proprietary interests in and to the Services or Software, regardless of whether access was 'earned' through gameplay or 'purchased' for monetary consideration. In the event that Virtual Points or Virtual Goods are procured, earned or otherwise obtained, a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, limited licence to use the Virtual Points or Virtual Goods solely within the applicable Services or Software for personal and non-commercial use is received. The licence may be subject to third-party rights, for example, it may be dependent upon Chronos 9 continuing to have rights to content created and owned by a third party. Furthermore, the licence will come to an end in the event of our cessation of service provision, closure of your account, or cancellation of your purchase order. Please note that Virtual Points and Virtual Goods have no real-world monetary value and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration. However, we may operate a marketplace that permits you to buy, sell or trade Virtual Goods to or from other users.
5.3 We reserve the right to implement specific conditions or limits in relation to the Virtual Points, including but not limited to: a maximum expenditure threshold for the purchase of Virtual Points per transaction or per day; a maximum balance that may be credited to your account; and the restriction of certain Virtual Points to a single game offered by us. Any balance of Virtual Points shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited licence. In the event that the balance of Virtual Points in your account is negative, we reserve the right to restrict your access to our services or certain features of our services until such balance is greater than or equal to $0.
5.4 In the event that your use of the Services involves Virtual Points, and unless otherwise specified in the Services, the system will debit the balance of Virtual Points that you have paid for ("Top-up Balance") when you make purchases in the Services. If the Top-up Balance is insufficient, the system will then debit the balance of Virtual Points that you earn for free. Please note that if both payment methods are unavailable, your purchase will fail.
6. Please find below details of the latest updates and the beta version.
6.1 Updates. We are continually enhancing our services and software. Consequently, we may periodically implement updates, which may result in a temporary suspension of access to our services. This may also lead to alterations or unavailability of the content, including virtual goods. These modifications are made for regulatory or legal reasons, or to enhance the gaming experience. Please note that we will not be held liable for any losses incurred by such updates. If circumstances allow, we will make reasonable efforts to inform you of such updates in advance.
6.2 Beta Version. Should the Services or Software be in a "test period" or a "beta version", specific rules may apply to your access to our Services. These may include a limited time period or a limited number of users, or privilege for some users but not others. We reserve the right to modify or delete the gameplay data of users and to halt the servers providing the Services. You may also be requested to provide feedback to assist us in continuously improving our services and software. Please take a moment to familiarise yourself with the following regulations. We would like to clarify that we are not able to guarantee the commercial availability of these services or software, nor can we provide assurance that they will be similar to the beta version accessed during the test period.
7. Please note the following disclaimer and limitation of liability.
7.1 Disclaimer.
(a) The Services and Software are provided "AS-IS". To the maximum extent permitted by law, Chronos 9, its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively the "Chronos 9 Entities") disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Chronos 9 Entities do not guarantee the availability, quality or consistency of the Services and Software.
(b) The Chronos 9 Entities further disclaim any warranty that:
the Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free;
the Services, Software, and the information related to the Services and Software will be complete, accurate, or reliable;
the quality of the Services and Software will meet your expectations;
any errors or defects in the Services and Software will be corrected;
the Services or Software can be accessed and used on any particular device or with any particular service plan; or
the Services or Software is or will be available in any particular geographic location.
(c) We will not be held responsible or liable for any harm to your computer system, loss of data, or other issues that result from your access to or use of the Services or Software. This also does not include the operation, compatibility, or interoperability with any other application or any particular system or device.
7.2 Limitation of Liability.
(a) The Chronos 9 Entities will not be held liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or related to: The following are examples of potential liabilities:
- the use of, or the inability to use, our Services and Software;
- the cost of procuring substitute goods and services;
- goods, services, data, or information purchased or received through the Services or Software; or
- unauthorised access or alteration of your data.
(b) The total liability of the Chronos 9 Entities, whether arising from or related to contract, tort, strict liability, or otherwise, will not exceed the lesser of (1) the total amount paid for access to the Services and Software during the six-month period preceding the event giving rise to the liability, or (2) one hundred U.S. dollars.
(c) These limitations and exclusions in this section apply to the maximum extent permitted by law.
(d) In the event of a breach, termination or cancellation of these Terms or any term hereof, your sole and exclusive remedy, to the extent permitted by the applicable law, shall be an action for monetary damages. Chronos 9s and any Chronos 9 Entities shall not be held liable for any claims relating to the distribution, exhibition, exploitation, advertising, publicity, promotion, or other forms of exploitation of the Services, Software, or any subsidiary or ancillary rights in connection therewith. This section details the full liability of the Chronos 9 Entities, as well as the exclusive remedy available to you with regard to access and use of the Services and Software.
8. Breach and Indemnification
8.1 In the event that we reasonably ascertain that you have breached these Terms or any applicable community guidelines or rules, or if we detect any suspicious activity on your account, we reserve the right to take such actions as we deem appropriate, including but not limited to: (i) Removing any involved content; (ii) restoring your gameplay data to the status before the breach; (iii) restricting your access to the whole or part of the Services, Software, or your account; (iv) terminating your right to use our Services or Software; (v) taking legal action against you or disclosing relevant information to law enforcement authorities; and (vi) any other actions set out in any applicable community guidelines and rules.
8.2 You acknowledge that you are personally responsible for your conduct while accessing or using our Services. You agree, to the maximum extent permitted by law, to defend (at our request), indemnify and hold harmless Chronos 9 Entities from and against all claims, losses, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees and costs) relating to or arising from the relationship between you and us described in these Terms. This includes any breach of these Terms and your violation of any third-party rights. You hereby agree that we shall have the right to control the legal defence against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
9. Intellectual Property
9.1 Chronos 9 and the logos and names associated with the Services and Software are our trademarks and service marks. Please note that other marks, names and logos used in the Services are the trademarks, service marks or logos of their respective owners. You are not granted any right or license with respect to any of the trademarks, service marks or logos.
9.2 We reserve all rights, titles and ownership of the Services, Software, and all associated data and content (including, without limitation, any Virtual Goods and Virtual Points, collectively referred to as "Work"). The work is protected by international intellectual property law.
9.3 Notice of Infringement – DMCA Policy.
(a) Should you have grounds for believing that any text, graphics, photos, audio, videos, or other materials or works appearing on the Services have been copied in a way that constitutes copyright infringement, you are at liberty to submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:
(1) Please identify the copyrighted work that is claimed to be infringed.
(2) Please identify the allegedly infringing material that is requested to be removed, including a description of its location on the Services.
(3) Details for our copyright agent to contact you, including your address, telephone number and e-mail address.
(4) A statement confirming that you have a good faith belief that the identified, allegedly infringing use is not authorised by the copyright owners, their agent or by law.
Please provide a statement confirming that the above information is accurate, and confirming that you are the copyright owner or an authorised representative of the copyright owner.
(6) The physical or electronic signature of an individual who is authorised to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
(b) In the event of copyright infringement, notices should be sent by mail to the address of the publisher of the Services or Software. All email correspondence should be directed to cskfservice@gmail.com
In cases where users repeatedly infringe copyright or intellectual property rights, we reserve the right, at our discretion, to disable or terminate their accounts.
(c) Should materials uploaded or posted by a user of the Services be identified as infringing as described above, a counter-notification may be issued pursuant to sections 512(g)(2) and (3) of the DMCA. Should a counter-notification be received, the right to reinstate the posts or material in question remains at our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please be advised that you will be held financially responsible for any damages incurred if you provide false or misleading information regarding copyright infringement.
10. Payment
10.1 Payment. The Services may facilitate the purchase of certain other products or services ("Offerings"). You confirm that all information you provide when purchasing Offerings, including credit card or other payment information (if applicable), is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card you provide when completing a transaction. By purchasing Offerings, you (a) agree to pay the non-refundable and non-cancellable price for such Offerings as set forth in the applicable Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorise us or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. Orders cannot be processed until payment has been received in full, and any holds on your account by any payment processor are your responsibility.
10.2 Subscriptions and Membership. This section only applies in the event that the use of the Services or the Software is subject to your subscription to and membership of the same. Your membership can be started with a complimentary trial period. The free trial period of your membership lasts for three (3) days, or as otherwise specified during sign-up. Please note that free trials cannot be used in conjunction with any other offers. In order to use the Services, it is necessary to have Internet access and an Internet-eligible device, as well as to provide us with one or more Payment Methods. "Payment Method" refers to a valid and accepted method of payment that may be updated from time to time. This may include payment through your account with a third party, such as the Apple App Store. Please be advised that billing for membership fees will commence at the conclusion of the complimentary trial period, unless you elect to cancel prior to the termination of the free trial period. To view the specific details of your membership, including the membership price and the end date of your free trial period, please go to your phone/account settings. Select the "Subscriptions" option, then tap "Cancel Subscription". The method for subscription or membership cancellation may vary depending on the platform, version, and device used to access our Services. Should you have any queries concerning the status of your subscriptions or membership, please contact the in-game customer services team at any time. Once registered, your payment method will be authorised for up to approximately 12 months of service. In some instances, your available balance or credit limit may be reduced to reflect the authorisation. However, if you cancel prior to the end of your free trial, no charges will be made to your payment method. Please note that you will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Your subscriptions and memberships will continue and may automatically renew until terminated. You may cancel your subscriptions and membership at any time; however, unless permitted by the applicable law, there will be no refunds or credits for partially used periods. To avoid billing of your subscription or membership fees for the next billing cycle, please cancel before the renewal date.
10.3 Refund Policy.
(a) Unless otherwise stated in these Terms or required by applicable law, all purchases made through our services are final, non-refundable and non-cancellable.
(b) The following provisions apply in the following circumstances:
- If you are resident in the European Economic Area (EEA), Switzerland or the United Kingdom.
Provided that the following conditions are met, you may cancel a digital content purchase within 14 days of the date of purchase and receive a refund:
You have not started downloading or streaming the digital content (e.g. game add-ons).
You have consented to waive the right to cancel the purchase.
Your account balance for any Virtual Points is greater than or equal to $0.
(2) Virtual points and virtual goods will be delivered upon purchase, subject to your consent. These are therefore final and non-refundable.
(3) You have the option to cancel your subscription purchase and request a refund within 14 days of the initial transaction date, even after you have started using the subscription. Please be advised that the refund amount may be subject to a pro-rata reduction to reflect the extent of use of the subscription.
(c) The following provisions apply in the event that you reside in the Republic of Korea:
(1) You have a seven-day cooling-off period for digital content (e.g. game add-ons) from the date of purchase. If you have not downloaded or streamed the content, you can cancel it and receive a refund.
(2) All in-game consumables (e.g. virtual currencies, card packs, chests and other items that are depleted during gameplay) will be delivered immediately. Please note that you will not be able to cancel the purchase if you start using the consumables delivered.
(3) You have the option to cancel your subscription at any time, and a refund will be issued accordingly, even after the commencement of the subscription period. Please be advised that the refund amount may be subject to a pro-rata reduction to reflect the extent of use of the subscription. Please be advised that a penalty fee will be incurred should you choose to cancel your purchase within seven days of the initial transaction date. This fee will be equivalent to 10% of the subscription price.
10.4 Taxes and Third-Party Fees. Please note that you are responsible for paying any applicable taxes and third-party fees (including, for example, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, and foreign transaction fees). Please note that we are not responsible for these fees. Should you have any questions regarding fees, please contact your financial institution. We reserve the right to initiate collection procedures for outstanding fees. Please be advised that you will be held responsible for all associated collection costs and expenses.
10.5 Promotional Codes. We may offer promotional, referral, discount or coupon codes (or similar offers) that may be redeemed for discounts on future offerings, or other features or benefits related to the Services, subject to any additional terms that we establish. You agree that Promotional Codes: (a) The Promotional Codes must be used lawfully; (b) they must be used for the intended audience and purpose; (c) they may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) they may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) they may only be used pursuant to the specific terms that we establish for such Promotional Codes; (f) they are not valid for cash or other credits or points; (g) they may expire prior to use; and (h) they may be withdrawn, revoked or amended in our sole discretion.
11. Dispute Resolution
11.1 Governing Law.
(a) If you reside in the EEA, Switzerland or the UK, the laws of England and Wales will govern these Terms, without regard to principles of conflict of laws. These Terms do not limit your right to initiate legal proceedings in accordance with the mandatory laws of your country of residence.
(b) If you are based in North America, these Terms will be governed by California law, regardless of any other principles of conflict of laws that may apply. In the event of any dispute (defined below) that is not subject to binding individual arbitration, both you and Chronos 9 agree to submit to the exclusive jurisdiction of Orange County, California, or, if federal court jurisdiction exists, the United States District Court for the Central District of California. You and Chronos 9 agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible).
(c) If you reside outside of the EEA, Switzerland, the UK or North America, then the laws of Singapore will govern these Terms, without regard to principles of conflict of laws. These Terms do not limit your right to initiate legal proceedings in accordance with the mandatory laws of your country of residence.
(d) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
11.2 Informal Dispute Resolution. At Chronos 9, we are dedicated to ensuring customer satisfaction. We are committed to resolving all concerns in a friendly and efficient manner. As a first step, we always encourage you to contact our customer support team. You can reach them either in-game, in-app or on the game's official website. This is usually the quickest and most efficient way to resolve potential problems. Should the problem persist, both parties agree to attempt to resolve any disagreements informally through the following process before resorting to more formal means of resolution ("Informal Dispute Resolution"). The initiation of informal dispute resolution is subject to the provision set out in this Section, entitled "Notice". This states that a party intending to initiate such proceedings must provide written notice to the other party. Please be advised that any notice to Chronos 9 must be sent to cskfservice@gmail.com. The Notice must include your full name, address, in-game username (or Chronos 9 Games Account ID, if applicable) and contact email address. It should also explain the nature of the disagreement and your desired solution. In the event of a disagreement, we will send a Notice and a description of the disagreement to the email address or regular address associated with your Games Account. It is your responsibility to ensure that your Games Account contact information is kept up to date. Following the receipt of the Notice, both parties will endeavour to resolve the disagreement for a period of sixty (60) days. During this time, you agree that (i) neither party will submit the disagreement to arbitration, 'small claims' or another court and (ii) all applicable statute of limitations and filing fee deadlines will be tolled as of the day a compliant Notice was received by a party. It is understood that either party reserves the right to request a telephone Conference to resolve any disputes in an informal manner. In order to ensure the smooth running of the Conference, it is essential that each user is represented by their own Conference, even in cases where the same law firm or group of law firms are representing multiple users in similar cases. However, it is possible for multiple users to participate in the same Conference, provided that all parties agree. If you are represented by counsel, that person may participate in the Conference, but you must also personally participate.
Should the Dispute not be resolved within the 60-day Informal Dispute Resolution period, either party may initiate arbitration or file in the appropriate court in accordance with these Terms.
11.3 ARBITRATION AGREEMENT.
(a) The terms in Sections 11.3 through to 11.13 shall collectively be referred to as the "Arbitration Agreement".
(b) Applicability of the Arbitration Agreement. Should any dispute, controversy, or claim arise in relation to these Terms, the Software or Services, or any aspect of your relationship with Chronos 9, which cannot be resolved through Informal Dispute Resolution ("Dispute"), then, to the fullest extent permitted by applicable law, said dispute shall be resolved exclusively by final, binding arbitration. Please be advised that this Arbitration Agreement will survive the termination of your relationship with us. For the purposes of this Arbitration Agreement, 'Dispute' shall also include any disputes that arise or involve facts occurring before the existence of this or any prior versions of these Terms, as well as any claims that may arise after the termination of these Terms.
(c) Confidentiality. It is vital that you maintain the confidentiality of the arbitration, all materials and documents exchanged during the proceedings, and the arbitration award. You may only disclose this information to your attorney or other professional advisors, provided that they also agree to maintain the confidentiality of all materials and documents exchanged during the arbitration proceedings. If an arbitrator orders the exchange of any information during the arbitral proceedings, you will request that the arbitrator protects any confidential, proprietary, trade secret, or other information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration, before any such information becomes the subject of discovery in the arbitration.
(d) Arbitration Rules. The arbitration will be conducted in English before a single arbitrator. The arbitration hearing (if applicable) will be conducted via videoconference, unless either party requests an in-person hearing and the arbitrator consents. Unless otherwise agreed upon by both parties, an in-person hearing will be held in the county where you reside (for U.S. residents), Irvine, CA (for non-U.S. residents), or as determined by the arbitrator (in the case of Batch Arbitration). Should a party wish to initiate arbitration, they are required to submit a request to the other party (the "Request"). Should you have a query or concern, please direct it to us via email at cskfservice@gmail.com. We will send a request to the email address associated with your Games Account. It is your responsibility to ensure that your Games Account contact information is kept up to date. The Request must include the following: (1) The name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username (if applicable) as well as the e-mail address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
11.4 Additional Terms - North America. If you are based in North America, the following terms and conditions apply:
(a) FAA. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and federal arbitration law.
(b) Rules and Forum. The arbitration will be administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect when the arbitration is commenced, as modified by these Terms. The NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules") will apply if twenty-five (25) or more similar claims are asserted against Chronos 9 by the same or coordinated counsel or are otherwise coordinated ("Mass Filing"). The arbitrator's decision is final, except in limited circumstances where it can be reviewed by the courts under the FAA. The decision can be enforced like any other court order or judgment. In accordance with the NAM Rules, the arbitrator may order a limited and reasonable exchange of information between the parties, in line with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. The responsibility for payment of any NAM fees and costs is set out in the applicable NAM Rules. The parties further agree that any dispute must be initiated within the applicable statute of limitations for that claim or controversy, or it will be forever time barred. Furthermore, the parties agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the relevant court of competent jurisdiction.
(c) Batch Arbitration. Should there be twenty-five (25) or more individual arbitrations of a substantially similar nature filed against Chronos 9 by or with the assistance of the same law firm, group of law firms, or organisations within a ninety (90) day period, NAM shall administer the arbitration demands in batches of 100 claims per batch. In the event that between twenty-five (25) and ninety-nine (99) individual arbitrations are filed, a single batch of all those arbitrations shall be administered, and, to the extent there are less than 100 claims left over after the batching described above, a final batch consisting of the remaining arbitrations shall be appointed. The following actions shall be taken by NAM: (i) the appointment of one arbitrator for each batch; (ii) the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch; and (iii) the provision of one procedural calendar and one hearing (if any). The location will be decided by the arbitrator, and the final award will be made in a process known as "Batch Arbitration". The applicable statutes of limitations will be tolled for claims asserted in a Batch Arbitration from the time a compliant Notice has been received by a party until the Mass Filing is filed in NAM or in court. In the event of any disagreement regarding any matter arising out of or relating to the Batch Arbitration, the disputing party shall notify NAM, who shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Procedural Arbitrator"). The Procedural Arbitrator's fees shall be paid by Chronos 9. This provision shall not be interpreted as authorising a class, collective, or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. It is understood by all parties that arbitrations are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief.
(d) Arbitrator. The arbitrator will be a neutral party (not a judge or jury) who is either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM's roster of consumer dispute arbitrators. However, if the Batch Arbitration process under subsection 11.4(c) is triggered, NAM will appoint the arbitrator for each batch. The arbitrator shall have exclusive authority to resolve any dispute and aspect thereof. However, all disputes arising out of or relating to class action waivers, including any claim that it is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. In such cases, any arbitration shall be stayed pending a decision by the court in such a matter.
11.5 Additional Terms - EEA, Switzerland, or the UK: We encourage you to refer to the Informal Dispute Resolution process (see Section 11.2). If you reside in the EEA or are making a claim against one of the Chronos 9 entities based in the EEA, you are also entitled to submit your complaint to the European Commission's Online Dispute Resolution ("ODR Platform"). The ODR Platform provides a means for EEA consumers to resolve disputes related to the online purchase of goods and services without the need for court intervention. Should any disputes arise between us that are not resolved by the Informal Dispute Resolution Process described above or through the ODR Platform, the matter will be settled in the courts of London, England, except where prohibited by law. Individual consumers are entitled to invoke the mandatory consumer protection laws where they live, or to bring legal proceedings in the courts where they live. Should Chronos 9 need to enforce its rights against you as an individual consumer in the EEA, we will do so in your country of residence.
11.6 Additional Terms - Rest of World. If you reside outside North America, the EEA, Switzerland, or the UK, you agree that all Disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC ("SIAC Rules") at the time being in force. These rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. Following the commencement of SIAC arbitration, you undertake to attempt in good faith to resolve the Dispute with Chronos 9 through mediation at the Singapore International Mediation Centre ("SIMC"), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol that is in force at the time. Any settlement reached during the mediation process will be referred to the arbitral tribunal appointed by SIAC, and may be made into a consent award on agreed terms. The responsibility for payment of any SIAC fees and costs will be as set out in the applicable SIAC Rules.
11.7 Arbitration Award. The arbitrator's award will be final and binding. The court retains the right to enter judgment on the award in any court of competent jurisdiction.
11.8 Costs of Arbitration. The parties shall bear their own attorneys' fees and costs in arbitration, unless the arbitrator finds that either the substance of the dispute or the relief sought in the request was frivolous or brought for an improper purpose (for North America, as measured by the standards set out in Federal Rule of Civil Procedure 11(b)).
11.9 Waiver of Class Actions and Class Arbitrations. To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Mass Filings), you and Chronos 9 agree to only bring disputes in an individual capacity and shall not (a) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity, or (b) consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms and all other actions or arbitrations. It is important to note that nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 11.4(c) entitled "Batch Arbitration". Notwithstanding the terms of this Arbitration Agreement, in the event that a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts indicated in subsection 11.1(b) above. Any other disputes must be settled through arbitration or small claims court. This subsection does not prevent you or Chronos 9 from participating in a class-wide settlement of claims.
11.10 Jury Trial Waiver. To the maximum extent permitted by applicable law, you and Chronos 9 agree to waive your right to a jury trial. Arbitration is a private process, and court review of an arbitration award is subject to very limited review.
11.11 Opt-Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following email address: cskfservice@gmail.com, within 30 days of first agreeing or becoming subject to this Arbitration Agreement. Your notice must include your name and address, your in-game username (or Chronos 9 Games Account ID, if applicable), your contact email address, and a clear statement indicating your desire to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, the remainder of the Terms will continue to apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements that you may currently have, or may enter into in the future, with us.
11.12 Amendment. We would like to inform you that we reserve the right to amend this Arbitration Agreement at any time in the future. Please be advised that changes will be posted here, and it is your responsibility to regularly check for the most recent version. Should we make any future material changes to this Arbitration Agreement, you will be notified through the contact information in your Account. Unless you opt out within thirty (30) days of such change becoming effective by informing us at the following email address: cskfservice@gmail.com, your continued use of the Software and Services after the effective date of any changes to this Arbitration Agreement constitutes your acceptance of any such change. Please note that amendments to this Arbitration Agreement do not apply to any claim that was filed in a legal proceeding against Chronos 9 or you prior to the effective date of the modification. Please note that changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. Should you choose to reject any proposed amendments or updates to this Arbitration Agreement, and if you were previously bound by an existing agreement to arbitrate Disputes, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (modified by any subsequent changes to these Terms you accepted) will continue to be in full force and effect. We will continue to honour any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms.
11.13 Exceptions. Notwithstanding any other provisions in these Terms, both parties agree that: There are two options available to you in the event of an intellectual property dispute:
(a) You may bring a qualifying claim in a small claims court or tribunal, or
(b) You may seek equitable relief in court for infringement or other misuse of intellectual property. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.
12. Miscellaneous
12.1 English Version. In the event of any inconsistencies, the English version of these Terms will take precedence in their interpretation or construction.
12.2 Non-Assignment. Please note that you are not permitted to assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent. Any such attempt will be void. Please be advised that we may assign or transfer our rights under these Terms to a third party at any time and without your consent.
12.3 Entire Agreement. These Terms represent the complete agreement between you and us, superseding and replacing any and all prior or contemporaneous agreements or understandings that may have been in place between you and us.
12.4 Severability. Should any provision of these Terms be deemed invalid or unenforceable for any reason, the remainder of these Terms will remain in full force and effect. Such provision will be ineffective solely to the extent of its invalidity or unenforceability.
12.5 No Waiver. Please note that if we fail to enforce or exercise any provision of these Terms, this does not constitute a waiver of that provision.
12.6 Contact Us. Should you have any further questions regarding these Terms, please contact us via the in-game customer services or on the official websites of our Services.
13. Please find below a list of regional terms.
13.1 California Residents. If you are a California resident, please be advised that, in accordance with Cal. Civ. Should you wish to report a complaint, you may do so by contacting the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs
13.2 EEA Residents. Please be advised that the European Commission provides a platform for out-of-court settlement of online disputes between consumers and professionals. This platform can be accessed here: https://ec.europa.eu/consumers/odr/.
14. Device-Specific Terms
14.1 Mobile Applications.
The following terms and conditions apply to you only in the event that you are downloading software from the Apple App Store (hereinafter, the "App"). In the event that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Chronos 9, not Apple, and that Apple is not responsible for the App or its content. It is essential that your use of the App complies with the App Store's applicable terms of use. You acknowledge that Apple has no obligation to provide maintenance and support services for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will issue a refund for the purchase price, if applicable, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Chronos 9 acknowledge that Apple is not liable for any claims relating to the App, including those made by you or any third party, concerning possession or use of the App. Such claims include, but are not limited to: The following types of claims are excluded by the policy:
- product liability claims,
- claims that the App fails to conform to any applicable legal or regulatory requirement, and
- claims arising under consumer protection or similar legislation. You and Chronos 9 acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Chronos 9, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. It is imperative that you comply with the third-party terms of agreement applicable to the App. You and Chronos 9 acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- Shifeng Interactive (Hong Kong) Technology Co., Limited
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