PLEASE READ THIS END USER LICENCE AGREEMENT ("EULA" OR "AGREEMENT") CAREFULLY. YOU AGREE THAT YOUR USE OF THE APPS ACKNOWLEDGES THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT YOU REPRESENT AND WARRANT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS EULA ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD OR WARD, AS THE CASE MAY BE. IF YOU HAVE NOT ATTAINED THE AGE OF MAJORITY, YOU MUST OBTAIN THE NECESSARY PERMISSION IN THE FORM REQUIRED BY LAW FROM YOUR PARENTS OR OTHER LEGAL REPRESENTATIVES. BY USING AND PARTICIPATING IN THE APPS YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, YOU MAY NOT INSTALL OR USE THE APPS. YOU ARE RESPONSIBLE FOR ANY INTERNET CONNECTION FEES THAT YOU INCUR WHEN USING AND PARTICIPATING.
You acknowledge and agree that FEILU TECHNOLOGY LIMITED or any of its subsidiaries and affiliates (collectively, "FEILU ") will collect personal information from you and your device, use, and share certain personal information as described in our posted privacy policy ("Privacy Policy") for the respective services. By accessing and using our services, you agree that you have read and acknowledge such Privacy Policy.
This EULA, together with the Privacy Policy and any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively "FEILU Terms"), govern your participation and use of the application, (the "APPs") and any other product, online service or web site (individually and collectively "FEILU Services") currently offered or which will be offered by FEILU.
These FEILU Terms in this EULA are in addition to, and does not in any way replace or supplant, any license agreement or any additional terms and conditions that may apply when you use or purchase certain other products, services, affiliate services, third-party content or third-party software made available by us or on our behalf. In the event the contents of these FEILU Terms are contrary to one or more provisions of any other specific agreement or terms or conditions, the provision(s) of the specific license, terms or conditions shall prevail.
FEILU reserves the right, in its sole discretion, to modify or change FEILU Terms at any time by posting the changes on or within the APPs or other parts of the FEILU Services. Your continued use of FEILU Services following the posting of such changes constitutes your acceptance of the revised FEILU Terms. FEILU may use reasonable commercial efforts to provide notice of material changes to you. If the modified FEILU Terms are not acceptable to you, your only recourse is to discontinue your use of FEILU Services. You agree that FEILU may change any part of FEILU Services, including its content, at any time or discontinue the FEILU Services or any part thereof, for any reason, without notice to you and without liability.
You can review the most current version of this EULA by clicking on the "EULA" link located on the APPs. You are responsible for checking this EULA periodically for changes.
While participating in the APPs, you also agree to comply with certain rules of conduct that govern your use of the APPs ("Rules of Conduct"), for example you may not:
? Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
? Attempt to get a password, access information, or other private information from anyone else on FEILU Services.
? Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the APPs and software.
? Modify any part of the FEILU Services that FEILU does not specifically authorize you to modify.
? Post or communicate any user¡¯s real-world personal information using an FEILU Services.
? Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an FEILU Services.
? Interfere with the ability of others to enjoy playing an FEILU Services or take actions that interfere with or materially increase the cost to provide an FEILU Services for the enjoyment of all its users.
? Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
? Facilitate, create or maintain any unauthorized connection to the APPs, including without limitation and (b) any connection using programs or tools not expressly approved by FEILU.
? Sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the APPs, or sell, exchange trade, give, convert, redeem or otherwise transfer Virtual Goods inside the APPs, except as expressly permitted by this EULA, the FEILU Terms or otherwise permitted in the APPs.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the APPs (whether or not such third parties are registered users of the APPs) and for the employees and representatives of FEILU. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use the APPs. FEILU reserves the right to terminate this EULA and to prevent your use of any and all FEILU Services if your Access is used to engage in illegal activity, violates these rules of conduct, or otherwise any FEILU Terms.
If you are aware of any illegal or non-permitted use of your Accounts or any Account security issues, please notify us immediately.
If you decide to use the FEILU Services, subject to your agreement and compliance with FEILU Terms, FEILU hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the APPs for one registered account on one mobile device owned or leased solely by you. FEILU also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of FEILU Services that are not part of the APPs. The rights granted to you by FEILU under this License are subject to the terms of this EULA and you may make use of the License only if you comply with all applicable terms. The License becomes effective on the date that you accept this Agreement.
Use of FEILU Services shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If FEILU Services or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the APPs or any other part of FEILU Services, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the APPs; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the APPs to any third party or use the APPs to provide time sharing or similar services for any third party; (iii) make any copies of the APPs; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the APPs, features that prevent or restrict use or copying of any content accessible through the APPs, or features that enforce limitations on use of the APPs; or (v) delete the copyright and other proprietary rights notices on the APPs.
The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
The APPs may require or allow you to download software, software updates or patches, or other utilities and tools from FEILU or its licensors (collectively, "FEILU Software"). In such cases, FEILU grants to you a non-exclusive, limited license to use FEILU Software solely for the purpose stated by FEILU at the time the FEILU Software is made available to you. If an End User License Agreement is provided with the FEILU Software, your use of the FEILU Software is subject to the terms of that license agreement in addition to these FEILU Terms. You may not sub-license, or charge others to use or access FEILU Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from FEILU Software. You may not modify FEILU Software or use it in any way not expressly authorized in writing by FEILU. You understand that FEILU ¡¯s introduction of various technologies may not be consistent across all platforms and that the performance of FEILU Software and related FEILU Services may vary depending on your Device and other equipment.
From time to time, FEILU may provide you with updates or modifications to the APPs. You understand that certain updates and modifications may be required in order to continue the use of the APPs. You agree that FEILU may stop to support previous versions of the APPs upon availability of an updated version. Your failure to install the APPs or any updates in accordance with our installation instructions may result in dysfunction of the APPs and FEILU Services in whole or in part.
FEILU Services and all title, ownership rights and intellectual property rights in and to the APPs (including, without limitation, any and all element in connection with the APPs and FEILU Services embodied in the user content, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the APPs, individually or in combination) are owned by FEILU or FEILU ¡¯s licensors and are protected by laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the APPs or a FEILU Services unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the APPs. FEILU reserves all rights in FEILU owned and licensed APPs and FEILU Services that are not expressly granted to you in this EULA or FEILU Terms. You acknowledge that FEILU and/or third-party content providers remain the owners of all materials posted in the APPs, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
To the maximum extent permitted by applicable law, we have the right to delete, alter, move, remove, or transfer any and all content, material or item of the Products (including virtual goods) in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you. To the maximum extent permitted by applicable law, we do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your Account.
Making unauthorized copies of the APPs may result in the termination of this EULA, prohibition on use of FEILU Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
The APPs may, from time to time, feature virtual goods. Virtual goods include but are not limited to virtual items, points, credits, tokens and currency (collectively, "Virtual Goods") for use in the APPs.
Virtual Goods are licensed to you, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion.
FEILU has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion an FEILU shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for "real" money or other goods or services, including other Virtual Goods, inside or outside the APPs except as expressly permitted by this EULA.
All purchase of Virtual Goods, whether made with "real money" or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from FEILU at any time. By downloading, streaming or accessing your Virtual Goods, APPs and/or FEILU Services, you will immediately lose this right to cancel once the download, streaming or accessing of such Virtual Goods, APPs and/or FEILU Services is complete, due to the nature of these FEILU Services. This means that if you download, stream or access the Virtual Goods, APPs and/or FEILU Services straightaway, you acknowledge that you will therefore no longer have the right to cancel them.
If you are under the age of 18, or under the age of legal majority in your jurisdiction, you must make sure that you have the express permission of your parent or guardian before you make any purchase. For parents and legal guardians ¨C we strongly recommend that you set the appropriate payment default settings relating to our FEILU Services to ensure that your express consent is required to be given (such as by entering your Account password) in order to trigger any transaction.
Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
THE APPS MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE ("DRM SOFTWARE"). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE APPS WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR DEVICE; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE APPS; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR DEVICE ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE APPS, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE APPS THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL FEILU BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR DEVICE BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE APPS. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
This EULA is effective from the earlier of the date you purchase, download or use the APPs, until terminated according to its terms. Both you and FEILU (or its licensors) may terminate this EULA at any time for any reason or for no reason. Termination by FEILU will be effective upon notice to you, termination or deletion of your Account (if any), or FEILU ¡¯s decision to permanently discontinue offering and/or supporting the APPs, which it may do at any time in its sole discretion. We will always do our best to give you an initial warning rather than moving straight to terminating or deleting your access to our APPs, Virtual Goods and/or any other FEILU Services. But if you have seriously breached this EULA or have been issued with previous warnings, we may then move to terminate our contract with you under this EULA and your license to access our APPs, Virtual Goods and/or any other part of the FEILU Services.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law or as expressly provided in FEILU Terms.
FEILU reserves the right to collect fees, surcharges or costs incurred before you terminate this EULA.
This Section shall survive termination of this EULA.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE APPS OR ANY OTHER FEILU SERVICES, FEILU SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE APPS, FEILU SERVICES, FEILU SOFTWARE, CONTENT, FEILU ¡¯S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. FEILU PROVIDES THE APPS AND FEILU SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE FEILU SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FEILU WILL HAVE ADEQUATE CAPACITY FOR FEILU SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE FEILU SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FEILU SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FEILU OR ITS LICENSORS IS TO STOP USING THE APPS AND ANY FEILU SERVICES. YOU ACKNOWLEDGE AND AGREE THAT FEILU, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY FEILU SERVICES OR USE OF FEILU SOFTWARE. IN NO CASE SHALL FEILU OR ITS LICENSORS, AFFILIATES¡¯, EMPLOYEES¡¯, OFFICERS¡¯, OR DIRECTORS¡¯ (COLLECTIVELY, "FEILU¡¯S AFFILIATES ") LIABILITY TO YOU EXCEED FIVE HUNDRED DOLLARS (¡ç500). IN NO CASE SHALL FEILU OR FEILU¡¯S AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF FEILU SERVICES, FEILU SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF FEILU SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, FEILU¡¯S AND FEILU¡¯S AFFILIATES¡¯ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
B. Indemnification
Upon FEILU¡¯s request, you agree to defend, indemnify and hold harmless FEILU and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys¡¯ fees that arise from a breach of this EULA, or any other FEILU Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold FEILU harmless for any improper or illegal use of the APPs.
You are solely responsible for any damage caused to FEILU, its licensors, providers and contractors, other users of the APPs or any other individual or legal entity as a result of your violation of this EULA.
FEILU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to FEILU in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: FEILU MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE APPS PLAY AND USAGE OF THE APPS AND FEILU SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE APPS AND MAY AFFECT CHARACTERS, APPSS, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL GOODS YOU MAY HAVE "EARNED" OR "PURCHASED". FEILU RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
D. Third-Party Features
As applicable, certain parts of the APPs may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
A. Equitable Remedies
You hereby acknowledge and agree that FEILU would suffer irreparable harm if this EULA or any of the FEILU Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that FEILU shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other FEILU Terms.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other FEILU Terms ("Dispute"), you and FEILU agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration proceeding. Such informal negotiations commence upon written notice from one person to the other. FEILU will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to FEILU via email to¡¾fandaoban@faloo.com¡¿.
C. Formal Dispute Resolution
If you and FEILU are unable to resolve a Dispute through informal negotiations, either you or FEILU may elect to have the Dispute finally and exclusively resolved by the China International Economic and Trade Arbitration Commission.
A. Remedies
You agree that this EULA is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that the Privacy Policy and this EULA and any other FEILU Terms, including FEILU¡¯s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of this EULA or the FEILU Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of FEILU, and the remaining portions shall remain in full force and effect.
C. Assignment.
FEILU may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without FEILU ¡¯s prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of FEILU (or its licensors) to exercise or enforce any right or provision of this EULA or any FEILU Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by FEILU (or its licensors) of any provision, condition or requirement of this EULA or any FEILU Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure.
FEILU shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FEILU, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond FEILU ¡¯s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law.
The laws of China, excluding its conflicts-of-law rules, govern this EULA and any other FEILU Terms; and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with FEILU or relating in any way to this EULA, any other FEILU Terms, or your use of any FEILU Services resides in the China International Economic and Trade Arbitration Commission (CIETAC), and you further agree and expressly consent to the exercise of jurisdiction in CIETAC in connection with any such dispute including any claim involving FEILU or its affiliates, employees, contractors, officers, directors, vendors and content providers. The arbitration will be conducted in Beijing in accordance with the CIETAC Rules in force when the Notice of Arbitration is submitted. The arbitral award is final and binding upon both parties. The arbitration shall be held in Chinese language.
G. Entire Agreement.
This EULA, the Privacy Policy, and any other FEILU Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and FEILU relating to your rights and obligations in the use of the APPs and the FEILU Services. If there is any conflict between this EULA, the Privacy Policy, and any other FEILU Terms, FEILU shall resolve the conflict in its sole discretion.
For any questions concerning this EULA, you may contact FEILU at the following address:¡¾fandaoban@faloo.com¡¿
Date of Last Revision: June 29th, 2023