Term of Service

2014-02-25

1. APPLICABILITY
Please read these terms and conditions carefully. Your accepting them in full is a condition of your use of a Kongzhong product (whether or not you purchase). If you don't agree with any part, please don't accept them or use the Kongzhong product. If you have any questions about these terms and conditions, please contact us via email at pf_support@kongzhong.com and do not use the site until you are satisfied with and can accept these terms and conditions in full. We reserve the right at any time to change these terms and conditions to reflect: changes in applicable laws; regulatory or security requirements; relevant guidance or codes of practice; technical alterations to Kongzhong Products; and to improve clarity and consistency. Please check the terms and conditions whenever you use a Kongzhong Product. 
2. YOUR ACCOUNT
To use many features of Kongzhong Products, we require you to create a Kongzhong account. We grant valid account holders a non-exclusive, non-transferable license for the period of membership to use Kongzhong Products and to download and use our software and connect to our servers solely to use Kongzhong Products in accordance with these terms and conditions. You must not choose a username that infringes the rights of any third party, impersonates Kongzhong staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate. You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your account. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans. You must use your password in accordance with the password requirements specified on our site. Real Kongzhong staff will never ask you for your password. If you believe that someone has stolen your password or otherwise gained access to your account - submit a retrieve password request via the Retrieve Password link on the website of any Kongzhong Product. But you will not get refund for your money and you will not get compensation. References to "stopping" an account include all or any of: locking, temporarily or permanently banning, or temporarily or permanently muting the account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned, you will not be able to access your account at all. 
3. PURCHASE AND RETURN
You need to purchase to use certain features of Kongzhong Products. If you want to purchase, you must ensure all the information that you submit is true and accurate (including without limit your credit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent as applicable. You agree to pay all payment fees specified when you apply including all applicable taxes. By submitting your order you are making an offer to purchase to the relevant part of the Kongzhong Product(s). Your offer is accepted and a binding contract occurs when we send a message to your account mail inbox confirming that your payment has been received or if you log into a consumer-only part of a Kongzhong Product (whichever comes first). Orders are processed and dispensed instantly and automatically when payment is submitted. You understand and agree that once you authorize us or other designated payment service to charge your credit card or mobile phone for a certain amount, such amount will not be refundable, including, without limitation, upon termination of your account for any reason, termination of this agreement, termination of in-game shop and currency and/or the discontinuation of the service; however, the amount will be returned to you if the product is not delivered. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any Cash Item and/or to refuse to provide you with any Cash Item. Verification of certain information applicable to a transaction involving a Cash Item may be required prior to our acceptance thereof. Price and availability of the Cash Items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the Cash Items, or any other content or information included in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites or in return for anything of value (including "real" money) or otherwise. Kongzhong does not recognize the transfer of Accounts with Kongzhong. 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.
Kongzhong keeps the right to change/update the game rules and the game packages and you cannot get refund because of the change/update.

We reserve the right to alter the amount or terms of our payment fees at any time. We reserve the right to charge you for any unauthorized use of your purchase by third parties. 
4. FUNCTIONING OF KONGZHONG PRODUCTS
We will do our best to maintain operation of Kongzhong Products and rectify faults as quickly as possible. We may have to suspend operation of a Kongzhong Product without notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our reasonable control. We cannot guarantee that Kongzhong Products will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services. 
5. RULES
You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified in any Kongzhong Product including our game rules. 
6. A SPECIAL NOTE ABOUT PRETEENS AND USERS UNDER 18
If you are under 13 you will be able to create an account but unable to disclose personal data through the game or website. If we find out that any personal data we have collected is from someone under 13, we will automatically delete it. We recommend that parents / guardians set up an account and play together with their children. Many parents have reported that playing Kongzhong Products as a family is fun and rewarding. If you are under 13 and purchase our game product, you are representing (i.e. making a promise) that you have consent from your parents / guardian to use Kongzhong Products in accordance with our terms and conditions and terms of conduct. We may stop any account if we are not satisfied that such consent has been given. If you are under 18, by using our website you are representing (i.e. making a promise) that you have consent from your parents / guardian to use Kongzhong Products in accordance with our terms and conditions and terms of conduct. We may stop any account if we are not satisfied that such consent has been given. If we are told by a parent / guardian that their child has lied about their age when registering for Kongzhong Products, we will stop the account provided we have information which satisfies us that the reporting person is indeed the parent or guardian. 
7. SAFETY / ABUSE
Before using any Kongzhong Product you should read the guides found in our Terms of Conduct. Whilst we reserve the right to monitor and take action if any Kongzhong Product is used inappropriately (including the posting of objectionable material on the chat facility or otherwise), we cannot promise that any Kongzhong Product won't contain such content or that we will remove / modify any particular content. Nor can we guarantee that users will comply with our terms and conditions or otherwise behave appropriately. If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should report all inappropriate behavior to us via in game support as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the relevant Kongzhong Product(s). 
8. PRIVACY POLICY
For a description of how we use your personal data, please see our Privacy policy. 
9. INTELLECTUAL PROPERTY RIGHTS
Kongzhong®, Pocket Fort® are registered trademarks of Kongzhong Limited in China. You must not reverse-engineer, decompile or modify any Kongzhong Product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customized version of the client software or attempt to sub-license it. You must not create or provide any other means by which any Kongzhong Product may be played by others (including, without limitation, replacement or modified client/server software, server emulators). Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Kongzhong Product by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or any Kongzhong Product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only. You agree that all intellectual property or other rights in any game character, account and items are and will remain our property. By posting chat or other materials on any Kongzhong Product, you grant us a non-exclusive, perpetual, worldwide, royalty free, worldwide license to use and/or modify such materials on any Kongzhong Product as we see fit. You agree that by submitting any material of any kind to us for any purpose connected with any Kongzhong Product (non-exhaustive examples are suggestions and ideas for any game or contributions to any Gallery page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity. 
10. TERMINATION. 
In the event that you terminate your account with Kongzhong or breach this Terms and Conditions, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. You acknowledge that if your account and right to use the Kongzhong Product(s) is terminated by Kongzhong for any reason, you will not be entitled to a refund of any fees paid by you for use of the Kongzhong Product(s) and you will forfeit any unused access time that you have remaining at the time of termination. 
11. THIRD PARTIES
Kongzhong Products may include links to internet sites or other technologies supplied by third parties including sites / technologies which enable you to pay by means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside our reasonable control. 
12. OUR AND YOUR LEGAL RESPONSIBILITY
WE DO NOT ACCEPT LEGAL RESPONSBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A KONGZHONG PRODUCT. 
13. OUR RIGHTS
13.1 If, acting reasonably, we consider that our Terms and Conditions have or may have been breached, or that it is necessary in order to prevent or stop any harm or damage to us, to any Kongzhong Product, to other players or the general public, we may Stop (as defined above) any or all accounts of Kongzhong Products which we think are connected with the offender subject to such right of appeal as is specified on our website. Such actions may result in loss of membership credit and/or loss of real money paid as part of any item / account trading or other prohibited transaction. To prevent or remedy breach of our Terms and Conditions or any harm or damage to us, to any Kongzhong Product or to other players or the general public, we may automatically or manually monitor, censor (including rejection or removal of any content) and/or record public or private chat or other activities in any Kongzhong Product. 13.2 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent. 
14. GENERAL
Nothing in these terms and conditions affects your statutory rights as a consumer. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. Except for clauses excluding or restricting our liability a person who is not a party to this agreement shall have no rights to enforce any term of this agreement. These terms and conditions are governed by Chinese law and any dispute connected with them or Kongzhong Products will be decided only by the courts of the People's Republic of China. 
15. QUESTIONS, COMMENTS AND COMPLAINTS
If you have any questions, comments, or complaints with this website or any aspect of it, please contact our customer service via the 'Support' tab.

 

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