成都探奇科技有限公司

成都探奇科技有限公司专注于APP的开发和运营。有丰富的定制APP经验。在海内外的苹果、安卓的APP平台，微信，QQ，OPPO，VIVO，百度，头条等主流APP平台自研自发和合作发行众多产品。

研发人员有着丰富的APP制作经验，从业行业十年以上，在各个方向上都有着较强的技术实力。

TERMS OF SERVICE

Effective Date: March 1, 2021

The terms of this agreement (“Terms of Service”) govern the relationship between you and Touchjoy Ltd., regarding your use of Touchjoy Ltd.’s apps, websites and related services (the “Service”). Use of the Service is also governed by Touchjoy Ltd.’s Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any Touchjoy Ltd. website or accessing a app, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Touchjoy Ltd. reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Touchjoy Ltd. policies at any time by posting the amended terms on the Touchjoy Ltd. Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Touchjoy Ltd. Privacy Policy, or any other Touchjoy Ltd. policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

License

Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Touchjoy Ltd. policies, Touchjoy Ltd. grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Touchjoy Ltd., or previously been banned from playing any Touchjoy Ltd.
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account

You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Touchjoy Ltd. and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Touchjoy Ltd. reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

The Service supports only one Account per app on a supported device.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that Touchjoy Ltd. deems to be in conflict with the spirit or intent of the Service or make improper use of Touchjoy Ltd.’s support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Touchjoy Ltd. app or any Touchjoy Ltd. app experience.
Modify or cause to be modified any files that are a part of the Service or any Touchjoy Ltd. app without Touchjoy Ltd.’s express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing Touchjoy Ltd.’s apps. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Touchjoy Ltd. app environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Touchjoy Ltd., including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Touchjoy Ltd. employees, including Touchjoy Ltd.’s customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Touchjoy Ltd.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Touchjoy Ltd. app, or to obtain any information from the Service or any Touchjoy Ltd. app using any method not expressly permitted by Touchjoy Ltd..
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Touchjoy Ltd.
Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Touchjoy Ltd. reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Touchjoy Ltd. reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, TOUCHJOY LTD. MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR TOUCHJOY LTD. SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND TOUCHJOY LTD. IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR APPS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR   POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

TOUCHJOY LTD. RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Touchjoy Ltd. reserves the right to stop offering and/or supporting the Service or a particular app or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Touchjoy Ltd. shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service
. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason by following the process described on our support page located at https://support.Touchjoy Ltd..com/ informing Touchjoy Ltd. that you wish to terminate your Account.

Ownership

Apps and Service

All rights, title and interest in and to the Service (including without limitation any apps, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-app chat transcripts, character profile information, recordings of apps played using a Touchjoy Ltd. app client, and the Touchjoy Ltd. app clients and server software) are owned by Touchjoy Ltd.. Touchjoy Ltd. reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its apps and the Service.

Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TOUCHJOY LTD..

Virtual Items

Touchjoy Ltd. owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Touchjoy Ltd. apps. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Touchjoy Ltd. app, whether earned in a app or purchased from Touchjoy Ltd., or any other attributes associated with an Account or stored on the Service.

User Content

3.1. Submission of User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Touchjoy Ltd. app client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Touchjoy Ltd. in accordance with its Privacy Policy.

3.1.1. Content Screening

Touchjoy Ltd. assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Touchjoy Ltd. reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Touchjoy Ltd. chooses, in its sole discretion, to monitor the Service, Touchjoy Ltd. nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Touchjoy Ltd. cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Touchjoy Ltd. shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible for Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Touchjoy Ltd. may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Touchjoy Ltd. violates these Terms of Service.

3.2.3. Your License to Touchjoy Ltd.

You hereby grant to Touchjoy Ltd. an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Touchjoy Ltd. the right to authorize others to exercise any of the rights granted to Touchjoy Ltd. under these Terms of Service. You further hereby grant to Touchjoy Ltd. the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Touchjoy Ltd. does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Touchjoy Ltd. has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.3. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Touchjoy Ltd. apps. Touchjoy Ltd. reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Touchjoy Ltd. to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Touchjoy Ltd. access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Fees and Purchase Terms

4.1. Purchases

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Touchjoy Ltd. apps; (b) “virtual in-app items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

Touchjoy Ltd. may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Touchjoy Ltd. shall have no liability to you or any third party in the event that Touchjoy Ltd. exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Touchjoy Ltd., another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Touchjoy Ltd. apps is a service provided by Touchjoy Ltd. that commences immediately upon acceptance by Touchjoy Ltd. of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Touchjoy Ltd. may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT TOUCHJOY LTD. IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Updates to the Service

You understand that the Service is an evolving one. Touchjoy Ltd. may require that you accept updates to the Service and to Touchjoy Ltd.’s apps you have installed on your device or computer. You acknowledge and agree that Touchjoy Ltd. may update the Service and Touchjoy Ltd. apps, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Touchjoy Ltd. apps.

Disclaimer of Warranties

WITHOUT LIMITING TOUCHJOY LTD.’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TOUCHJOY LTD. DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUCHJOY LTD. SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOUCHJOY LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, TOUCHJOY LTD. SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TOUCHJOY LTD. IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO TOUCHJOY LTD. DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND TOUCHJOY LTD.’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TOUCHJOY LTD. IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TOUCHJOY LTD. OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF TOUCHJOY LTD..

You agree to indemnify, defend and hold Touchjoy Ltd. (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

Dispute Resolution and Law

If a dispute arises between you and Touchjoy Ltd., we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://support.Touchjoy Ltd..com/. If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Touchjoy Ltd. must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and Touchjoy Ltd. shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Touchjoy Ltd. must be resolved exclusively by a court located in Helsinki, Finland.

Severability

You and Touchjoy Ltd. agree that if any portion of these Terms of Service or of the Touchjoy Ltd. Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

General Provisions

10.1. Assignment

Touchjoy Ltd. may assign or delegate these Terms of Service and/or the Touchjoy Ltd. Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Touchjoy Ltd.’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

Touchjoy Ltd. may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Touchjoy Ltd. Privacy Policy), contain the entire understanding of you and Touchjoy Ltd., and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

10.4. No Waiver

The failure of Touchjoy Ltd. to require or enforce strict performance by you of any provision of these Terms of Service or the Touchjoy Ltd. Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Touchjoy Ltd.’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Touchjoy Ltd. of any provision, condition, or requirement of these Terms of Service or the Touchjoy Ltd. Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Touchjoy Ltd. shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Touchjoy Ltd..

10.5. Notices

We may notify you via postings on www.Touchjoy Ltd..com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Touchjoy Ltd. Privacy Policy shall be in writing and addressed to: Touchjoy Ltd.’s address. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Touchjoy Ltd. are of a unique and irreplaceable nature, the loss of which shall irreparably harm Touchjoy Ltd. and which cannot be replaced by monetary damages alone so that Touchjoy Ltd. shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Touchjoy Ltd. app, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure

Touchjoy Ltd. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Touchjoy Ltd., including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Touchjoy Ltd.’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.

PRIVACY POLICY

Effective Date: March 1, 2021

Thank you for playing our apps! This Privacy Policy describes:

The ways we collect personal data about you and why we do so
How we use your personal data, and
The choices you have about your personal data.
This Privacy Policy applies to Touchjoy Ltd.’s apps, websites and related services, which we here collectively call the Service. We may periodically update this Privacy Policy by posting a new version on www.touchjoy com. If we make any material changes, we will notify you by posting a notice in the Service prior to the change becoming effective. Your continued use of the Service after the effective date will be subject to the new Privacy Policy.

CONTACT US

If you have questions about data protection, or if you have any requests for resolving issues with your personal data, we encourage you to primarily contact us through the app so we can reply to you more quickly.

Name of the controller: Touchjoy Ltd.
Address:
email:

THE DATA WE COLLECT

Data you provide us.

Contact information (such as name and email address)
Player name and password
Profile information (such as profile photo)
Your messages to the Service (such as chat logs and player support tickets)
Other data you choose to give us (such as data to identify a lost account)
Data we collect automatically.

Data about your account and app progress
Your IP address and mobile device identifiers (such as your device ID, advertising ID, MAC address, IMEI)
Data about your device, such as device name and operating system, browser type and language
Data we collect with cookies and similar technologies (see more below)
General location data
Precise geo-location data (GPS, with your consent)
Data about your use of the Service, such as data and your interactions with other players inside the Service
In most cases, we also create a Touchjoy Ltd.-specific ID for you when you use the Service.

Data we collect from our partners.

Data we receive if you link a third-party tool with the Service (such as Facebook, WeChat or Google)
Demographic data (such as to determine the coarse location of your IP address)
Data to fight fraud (such as refund abuse in apps or click fraud in advertising)
Data from platforms that the apps run on (such as to verify payment)
Data for advertising and analytics purposes, so we can provide you a better Service
WHY DO WE COLLECT YOUR DATA

To make the Service work.

To perform the contract, we process data necessary to

Create accounts and allow you to play our apps and use our Service
Operate the Service
Verify and confirm payments
Provide and deliver products and services you request
Send you Service-related communications
To make the Service more suitable for our players.

To provide a great Service to our players, we have a legitimate interest to collect and process necessary data to

Update and develop player profiles
Develop and improve the Service and player experience
Manage our relationship with you
Provide social features as part of the Service
Customize your Service experience
Respond to your comments and questions and provide player support
Provide you Touchjoy Ltd. offers in the Service as well as in other websites and services, and by email
Send you related information, such as updates, security alerts, and support messages
Enable you to communicate with other players
To show personalized advertisements.

To show you personalized advertisements in the Service as well as in other websites and services (including email) we have a legitimate interest to process necessary data to

Track the content you access in connection with the Service and your online behavior
Deliver, target and improve our advertising and the Service
For information on how to opt-out from personalized advertisements, see section ‘Your rights and options’ below.

To keep the Service safe and fair.

Ensuring a level playing field in the Service is a top priority for us. For more information on our acceptable use policy, see the Touchjoy Ltd. Terms of Service.

In order to keep the Service and its social features safe and fair, to fight fraud and ensure acceptable use otherwise, we have a legitimate interest to process necessary data to

Analyze and monitor use of the Service and its social features
Moderate chats either automatically or manually
Take action against fraudulent or misbehaving players
To analyze, profile, and segment.

In all of the above cases and purposes, we may analyze, profile and segment all collected data.

With your consent.

With your consent, we may process your data for additional purposes, such as using your GPS location to show you local events.

WHO CAN SEE YOUR DATA

Apart from Touchjoy Ltd., your data can be accessed by others in the following situations:

OTHER PLAYERS AND USERS.

Social features are a core component of our apps. Other players and users may, for example, see your profile data, in-app activities and read the messages you have posted.

PARTNERS WORKING FOR TOUCHJOY LTD..

Touchjoy Ltd. has partners to perform services for us. These partners process your data only at and according to Touchjoy Ltd.´s instructions to provide the Service, such as hosting, player support, advertising, analytics and fraud prevention.

Other companies and public authorities.

In order to combat fraud and illegal activity, we may exchange data with other companies and organizations and provide it to public authorities in response to lawful requests.

We may also disclose your data based on your consent, to comply with the law or to protect the rights, property or safety of us, our players or others.

Advertising and Social Media partners.

The Service includes features from our partners, such as social media interaction tools and in-app advertising. A list of these partners is available at Touchjoy Ltd..com/en/partner-opt-out. These partners may access your data and operate under their own privacy policies. We encourage you to check their privacy policies to learn more about their data processing practices.

INTERNATIONAL DATA TRANSFERS

Our Service is global by nature and your data can therefore be transferred to anywhere in the world. Because different countries may have different data protection laws than your own country, we take steps to ensure adequate safeguards are in place to protect your data as explained in this Policy. Adequate safeguards that our partners may use include standard contractual clauses approved by EU Commission and the Privacy Shield certification in case of transfers to the USA.

YOUR RIGHTS AND OPTIONS

Opt-out of marketing emails and other direct marketing.

You may opt-out of receiving promotional communications, such as marketing emails from us by following the instructions in such communications.

Opt-out of targeted advertising.

You can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device and selecting “limit ad tracking” (Apple iOS) or “opt-out of interest based ads” (Android). For more information, see also: Touchjoy Ltd..com/en/partner-opt-out.

For personalized in-app offers opt-out, you can use the options provided in the app settings.

Access the personal data we hold about you.

If you request, we will provide you a copy of your personal data in an electronic format.

Your other rights.

You also have the right to correct your data, have your data deleted, object how we use or share your data, and restrict how we use or share your data. You can always withdraw your consent, for example by turning off GPS location sharing in your mobile device settings.

We will respond to all requests within a reasonable timeframe.  If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our Contacts (free of charge). You may also contact your local data protection authority within the European Economic Area for unresolved complaints.

COOKIES AND SIMILAR TECHNOLOGIES

Like most online services, we and our partners use cookies and similar technologies to provide and personalize the Service, analyse use, target advertisements and prevent fraud. You can disable cookies in your browser settings, but some parts of the Service may then not function properly.

HOW DO WE PROTECT YOUR DATA

Security Safeguards.

In order to help ensure a secure and safe player experience, we are continuously developing and implementing administrative, technical and physical security measures to protect your data from unauthorized access or against loss, misuse or alteration.

Data retention.

We retain your data for as long as your account is active or as needed to provide you the Service. We will for example periodically de-identify unused app accounts and we regularly review and de-identify unnecessary data.
Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.

AGE LIMITS

We do not knowingly collect or solicit personal data about or direct or target interest-based advertising to anyone under the age of 13 or knowingly allow such persons to use our Services.  If you are under 13, please do not send any data about yourself to us, including your name, address, telephone number, or email address.  No one under the age of 13 may provide any personal data.  If we learn that we have collected personal data about a child under age 13, we will delete that data as quickly as possible.  If you believe that we might have any data from or about a child under the age of 13, please contact us.