Infinity Nikki User Agreement
Last Updated: May 31, 2024
Effective Date: May 31, 2024
The【Infinity Nikki】User Agreement (the Agreement) is a legally binding contract between you (the User or Player) and Infold Pte Ltd (Infold or we/us/our).
This version of the Infinity Nikki User Agreement applies specifically to your participation in the game testing of ‘Infinity Nikki’. Importantly, this testing does not include any paid features.
Please carefully read and ensure that you fully understand the terms and conditions of this Agreement, particularly the provisions related to the waiver or restriction of Infold’s liability, limitations on your rights, governing law, and dispute resolution, etc. These provisions are typically highlighted in bold, by color marks, or through other reasonable means to draw your attention. Your confirmation of these provisions may result in passivity, inconvenience, and loss in specific situations.
If you wish to use our products and services, you must read, agree to, and comply with this Agreement. By clicking ‘Agree’, ‘Accept’, ‘Next Step’, or other words with the same meaning, or by downloading/installing Infold Games software, or by registering/using Infold Game Services, you will be deemed to have read and agreed to all the contents of this Agreement, and the Agreement is hereby considered valid. You shall not thereafter raise any plea for not having read/agreed to the contents of this Agreement or similar grounds.
You acknowledge that you are a natural person with full capacity for civil rights and conduct, as per the laws of the country or region where you reside. Alternatively, you have the capacity to execute and comply with this Agreement in accordance with relevant laws, and you shall bear independent legal liabilities for all your use of our services.
If you are under the age of 13 or do not meet the age requirement for using these game services in your country/region, please exit the game. If you are older than the legal age threshold for your country and region but are a minor (the specific age depends on the definition of "minor" under the laws of the country or region where you reside, for example, under 18 according to the laws of some countries and regions) or are otherwise ineligible as stated above, you must read this Agreement in the company of your parent (or guardian) and obtain their consent to all the terms of this Policy before using our services. The aforementioned requirements shall also apply to all modifications or changes to this Agreement.
Please read the relevant terms of this Agreement carefully before installing or using our products or services to protect the rights of yourself or the minor under your guardianship to the greatest extent. If you are unclear about any aspects of our policy on minors, please contact our Minor Protection Department at support@infoldgames.com before agreeing to this Agreement. Upon confirming this Agreement, you shall be deemed to have fully understood and agreed to its contents.
1. Definitions
1.1 Agreement: This term refers to the body text of the User Agreement, the full text and annexes of the Personal Data and Privacy Protection Policy, the Game Rules, and their revisions. Once the aforementioned content is officially issued, it becomes an integral part of this Agreement, with the same legal effect as the body text of this Agreement.
1.2 Game Rules: This term refers to the user rules, plug regulations, game announcements, tips, and notices issued and revised by the supplier of Infold Games from time to time.
1.3 Infold: In this Agreement, ‘Infold’ refers to Infold Pte Ltd and its affiliated companies, which provide Infold Games and related services to you. Infold Pte Ltd and its affiliated companies may deliver Infold Game Services to you through their own websites and platforms, the websites and platforms of their partners, and the websites and platforms of their licensors.
1.4 Infold Games: This term refers to all games operated by Infold, including computer client games, web games, HTML5 games (H5 games), mobile terminal games, TV terminal games, and games in other forms. Infold games may be provided as software, in which case they also include the relevant software and related documents.
Please note that the operator of Infold Game may be added or changed based on our business adjustments. If you are aware of such changes and continue to use the relevant services, you will be deemed to have agreed to the newly added or changed operator's performance of this Agreement.
1.5 Infold Game Services: This term refers to the operational services provided by Infold related to the aforementioned Infold Games.
1.6 You: This term refers to a natural person who is authorized to use Infold Games and receive Infold Game Services by reading and signing this Agreement, also referred to as “User” or “Player” in this Agreement.
1.7 Game Data: This term refers to all data recorded by the server during your use of Infold Games, including but not limited to character data, Virtual Item data, behavior log, purchase log, etc.
2. Alteration and Validity
2.1 Infold has the right to change the terms of this Agreement if necessary, and may choose to inform you on the official website and/or before entering the game. You can check the latest version of this Agreement on the relevant pages of Infold Games.
2.2 If you continue to use Infold Game Services after the modification of this Agreement, you will be deemed to have accepted the modified Agreement.
3. Game Account
3.1 If you wish to use and enjoy Infold Games, you must utilize an Infold Account obtained by registering or binding a third-party account as the game account. For more information on Infold Account, please refer to the Infold User Agreement.
3.2 You may access the Infold Services by logging into your PlayStation™Network Account. In such cases, Infold will assign you an Infold Account and link that account to your PlayStation™Network Account.
3.3 If you use an Infold Account obtained by binding a third-party account as the game account to access Infold Games, you must also adhere to the agreements and rules of such third-party accounts. If your unavailability of the Infold Services is caused by a third-party account (including but not limited to theft or blocking of the account, etc.), you should contact the third-party to resolve the issue independently. Infold may provide corresponding assistance based on the situation.
3.4 You fully understand and agree that the user has the obligation to properly keep the user account and password, and use the user’s own account and password correctly and securely. Either party failing to fulfill the above obligations shall bear the legal liabilities arising therefrom if the loss of the user account password, theft of the user account, or other circumstance result in damage to the civil rights or interests of the user or others.
If you discover that your user account or password has been stolen, misused, or used in other unauthorized ways by others, you must immediately inform Infold and provide details of the measures that should be taken. When informing Infold, you are required to furnish valid personal identity information consistent with your registered details. Upon receiving your valid request and verifying your personal identity, Infold will take corresponding measures (including, but not limited to, suspending the login and use of the user account, etc.) in accordance with your requirements or based on specific circumstances. If Infold implements measures according to your request, leading to losses for you or other users, you will be responsible for bearing the losses. Failure to provide valid personal identity information or providing information inconsistent with the registered details gives Infold the right to reject your request, and any resulting losses will be your responsibility.
3.5 You fully understand and agree that, in order to efficiently use server resources, if you fail to log in to Infold Games with your account for 3 years, Infold has the right to take measures to delete your account, Game Data and relevant information, providing you with prior notice. You are aware that the deleted relevant information cannot be restored.
3.6 You understand and agree that you shall not provide your account to others for any form of usage, including but not limited to transfer, leasing, lending and other commercial activities such as live streaming, recording, and game leveling. Otherwise, you shall bear all legal consequences and liabilities that may arise. Infold shall have the right to take one or more measures to address your game account, including but not limited to warning, restricting, or prohibiting some or all functions of the account, deleting the account and the Game Data, and other related information, blocking the account until deletion, and you shall bear all consequences arising from such actions.
4. Collection, Use, and Protection of User Data
4.1 You agree and authorize Infold to collect and use your user data in accordance with the principles of legality, legitimacy, and necessity. This data will be used for the purposes of performing this Agreement, providing, maintaining, and improving Infold Game Services, or for other purposes expressly specified in this Agreement that require your consent. This includes, but is not limited to, data provided to Infold for your Game Data under your account, and other data provided to Infold when you use Infold Game Service or collected by Infold for security or user experience optimization, etc. Infold will collect such data in accordance with this Agreement and relevant laws.
4.2 You understand and agree that Infold or its third-party partners may provide you with information about Infold Games events or promotions through messages, telephone calls, emails, etc., based on your user data.
4.3 You understand and agree that in order to provide you with better game services and enhance the gaming experience, Infold may utilize your unique game account identifier, nickname, avatar, and other information authorized by you, along with your related operation information in Infold Games and other game-related data. This includes, but is not limited to, your login status, battle information/status, and achievement information. Such information may be displayed to you, other users, or friends in the game.
4.4 You shall fully respect the personal data of any person, including but not limited to other users, that you learn about, receive, or have access to through Infold Games and related services. You shall not collect, copy, store, disseminate, or use in any other way the personal data of other users; otherwise, you shall bear all consequences arising therefrom.
4.5 Protecting user data and privacy is a fundamental principle of Infold. Unless otherwise provided in this Infinity Nikki User Agreement, Infold will collect, apply, and protect user data by observing to the Personal Data and Privacy Protection Policy and other agreements. Unless otherwise mandated by law, if you have consented to or authorized Infold to collect, use, or process your personal data in accordance with the aforementioned agreements or provisions, your withdrawal of such consent or authorization shall not affect any prior collection, use, or processing of personal data by Infold based on your consent or authorization, and Infold's previous collection, use, or processing of such personal data shall remain effective.
5. Software License
5.1 Using Infold Game Services may require downloading and installing relevant software. You can obtain the software directly from the official website of Infold Games or from a third party authorized by Infold. If you obtain Infold Games or a game with the same name as Infold Games from any third party not authorized by Infold, you will not be deemed to have received authorization from Infold. Infold cannot guarantee that the game can be used normally and will not be responsible for any loss caused to you as a result.
5.2 Infold may have developed various software versions for different terminal devices or operating systems, such as iOS, Android, PlayStation and others. Please download the appropriate version based on your specific situation. After downloading the installation program, follow the prompted steps for correct installation.
5.3 If Infold games are provided in the form of software and, provided you comply with this Agreement and all applicable laws, Infold grants you a personal, non-commercial, revocable, changeable, non-proprietary, non-transferable, and non-sublicensable right. You may only download, install, log in to, and use such Infold Games software on a single terminal equipment for non-commercial purposes. All other rights not expressly granted to you in this Agreement are reserved by Infold; you should obtain separate written consent from Infold when using these rights.
5.4 If you no longer need to use the software or need to install a new version, you can uninstall it by yourself. If you are willing to help Infold improve its products and services, please inform us of the reason for uninstall.
5.5 To ensure the security and functional consistency of Infold Game Services, Infold has the right to update the software or change or restrict some functional effects of the software.
5.6 After a new version is released, older versions of the software may not be available. Infold does not guarantee the availability of older versions of the software and the corresponding customer services. Please check regularly and download the latest version.
6.Infold Game Services
6.1 If you violate any provisions of this Agreement, Infold has the right to take one or more measures as set forth in Article 7.5, paragraph 2 herein. Infold may disclose the punishment to the public and/or has the right to require you to compensate for all losses incurred by Infold due to your violation of the Agreement.
6.2 You fully understand and agree that Infold has the right to reasonably exercise discretion in punishing any violations of laws, regulations, and this Agreement. Infold may take actions against users’ violations, retain information, and report users’ violations to the authorities in accordance with the law. The user shall be solely liable for all legal liabilities arising therefrom.
6.3 You fully understand and agree that you shall be solely responsible for any claim, demand, or loss filed or suffered by a third party in connection with your breach of this Agreement or the relevant service terms. You shall be liable to compensate for damages incurred by Infold for such reasons.
6.4 You fully understand and agree that game equipment, game currency, and other props, etc. are part of Infold Game Services, and Infold hereby authorizes you to use them according to this Agreement. Your purchase and use of game equipment, game currency, and other props, etc. shall comply with this Agreement and the game-specific rules. Game equipment, game currency, and other props, etc. may be subject to limitations such as certain valid period and usage method. If you fail to use them within the period of validity or in prescribed ways, they will become void, except for force majeure or other reasons attributable to Infold.
You fully understand and agree that, in order to better provide services to you, Infold has the right to adjust, update, or optimize any content or elements in the game. This includes, but is not limited to, the adjustment, update, or optimization of the design, performance, and relevant value setting of the game characters, game equipment, and other game props.
6.5 You fully understand and agree that, in order to ensure the security of your game account and create a fair and healthy game environment, without violation of relevant laws, Infold has the right to survey the random access memory of your terminal equipment and the programs functioning concurrently with Infold Games by taking technical measures when you use the services. Upon finding any unauthorized program that endangers the operation of Infold Game Services, we will collect all relevant information and take reasonable measures against it.
6.6 You fully understand and agree that, in order to guarantee a pleasant gaming experience for you and other users, Infold has the right to transfer or clear some previous Game Data stored on the servers.
6.7 Infold will take effective measures to protect the legitimate rights and interests of minors in the process of using Infold Game Services, in accordance with relevant laws, regulations, and the provisions of this Agreement. These measures may include taking technical measures and prohibiting minors from accessing games or game features unsuitable for them. As part of the game rules, Infold will also publish relevant game user guidelines and warning instructions in appropriate locations. This includes an introduction to the game content, proper use of the games, and ways to prevent harm. All minor users should read and follow these guidelines and instructions carefully under the guidance of their legal guardians. Other users should avoid posting or generating any content harmful to the physical and mental health of minors during their use of Infold Game services and work together to create a healthy game environment.
6.8 The provision of game services by Infold to the user is a commercial activity. The user has the right to decide for themselves whether to pay the corresponding fees according to the items (including but not limited to purchasing the right to use in-game virtual props or other paid value-added services) and standards determined by Infold to receive the corresponding services. If you do not pay the corresponding fees in accordance with the applicable standards, you will not be able to obtain the corresponding game services.
You acknowledge and agree that the change and adjustment of paid-for-items and charging standards is a normal commercial practice. You shall not request Infold to assume liability for compensation related to the change and adjustment of paid-for-items and charging standards.
You acknowledge and agree that when you use legal currency to recharge the game to purchase or exchange virtual currency, virtual props, or other virtual items and other value-added services, it will be deemed as a purchase of game services. The virtual currency, virtual props, or other virtual items and other value-added services you have purchased cannot be refunded or exchanged for legal currency, except as otherwise provided by law.
You acknowledge and agree that if your game recharge, made for the purchase or exchange for virtual currency, is canceled due to a refund or other reasons, Infold shall have the right to deduct the virtual currency sent to your game account corresponding to the canceled transaction. If the virtual currency in your game account is insufficient for deduction, Infold may prioritize the deduction of the insufficient part when the virtual currency in your game account is added later.
6.9 Your account data such as game characters, props, equipment, and currency may experience anomalies due to game software bugs, version update defects, third-party virus attacks, or any other factors related to Infold Games. Before determining the cause of the data anomaly, Infold has the right to temporarily freeze the game account. If the data anomaly is identified as abnormal game behavior, Infold has the right to restore the game account data to the original state before the anomaly occurs (including but not limited to recovering the transferred data from the third parties) without any liability to you. Infold has the right to take one or more measures as set forth in Article 7.5, paragraph 2 herein if the data anomaly is caused by your illegal behavior or violation of provisions described in this Agreement (including but not limited to using bug or abnormal game methods to improve the game character data, character ranking in the game, etc.).
6.10 Infold has not authorized you to obtain game accounts, props, equipment, and currency from any third party through purchasing, accepting gifts, or other means. Infold is not responsible for third-party transactions which include actions such as obtaining game accounts, props, equipment, currency, and receiving game services from a third-party through purchasing, accepting gifts, or other means. Infold will not accept any complaints arising from disputes related to third-party transactions.
6.11 You fully understand that there is an objective situation where different operating systems are not interoperable, and this is not caused by Infold. It may result in the failure of your recharge and Game Data in one operating system to be successfully transferred to another operating system. Recharge loss and Game Data loss caused by your switching between different systems are at your sole risk, and you shall not request Infold to bear any liability.
6.12 You fully understand that there may be a forced battle zone or gameplay in Infold Games. If you do not agree to a forced battle, please do not enter the game or game zone. By entering, you will be deemed to have agreed to the gameplay and accepted the corresponding consequences.
7. Code of Conduct for Users
7.1 You fully understand and agree that you must be responsible for all actions under your game account, including any content published by you and any consequences arising therefrom. Unless otherwise provided by law, all legal actions performed by your registered account are presumed to be your legal actions.
7.2 Except for the use of Infold Game Services as agreed herein, you shall not infringe upon Infold’s intellectual property rights or otherwise infringe upon the legitimate rights and interests of Infold or other third parties.
7.3 You must comply with laws and regulations when using Infold Games or Infold Game Services, and you may not use Infold Games or Infold Game Services to engage in illegal conduct. You may not use or instigate others to use Infold Games or Infold Game Services for the following:
1. Slander, defamation, ridicule, mocking;
2. Cheating, fraud, concealing, coercion, threating, harassment, intimidation,
3.Tracing, compelling, forcing;
And other means, to inflict physical or mental harm and bullying on others, or to treat any gender, race, ethnicity, or religion in a discriminatory, offensive, or disgusting manner.
7.4 Unless permitted by law or with Infold’s prior written approval, you shall not:
(1) Delete the copyright information from the game software and its copies;
(2) Reverse engineer, disassemble, decompile the game software, or attempt to discover the source code of the software or other confidential contents. This includes, but is not limited to, game elements that Infold has not yet actively presented publicly but has sealed in the game installation package;
(3) Scan, explore, and test the game software to detect, discover, and find possible bugs or vulnerabilities;
(4) Copy, modify, add, delete, articulate, run, or create any derivative works for the game software or the data released to any terminal memory during the software operation. This also applies to interactive data between the client and the server during the software operation, and the system data necessary for the software operation. This includes, but is not limited to, using plugins or third-party tools/services that are not legally authorized to access software and related systems;
(5) Modify or forge the instructions and data during the software operation, add, delete, or change the function or operation effect of the software, or operate or disseminate the software and methods used for the above purposes to the public, whether for business purposes or not;
(6) Use Infold Game Services through third-party software, plugins, and systems not developed and authorized by Infold, or produce, publish, and disseminate third-party software, plugins, and systems not developed and authorized by Infold;
(7) Use, lease, lend, copy, modify, link, reprint, compile, interpret, release, and publish the contents with intellectual property rights owned by Infold in the game;
(8) Establish a mirror site related to Infold games or take snapshots of web pages (network), or set up servers to provide others with services the same as or similar to Infold Game Services;
(9) Separate any part of Infold Games for separate use or other use not in accordance with this Agreement;
(10) Use, modify, or cover the name, trademark, or other intellectual property rights of Infold Games;
(11) Record, live stream, or transmit Infold game contents to others in any way, including but not limited to using any third-party software for online live broadcast, dissemination etc.;
(12) Use any video or image, code, audio, text published or unpublished by Infold for AIGC (Artificial Intelligence Generated Content) creation or for the training and validation of AI tools, models, and algorithms without Infod's written permission and special authorization.
(13) Take other actions without express authorization from Infold.
7.5 If you engage in any of the following actions while using Infold Game Services, Infold has the right to take one or more measures according to paragraph 2 of this article and may disclose the punishment to the public:
(1) Imply or claim that you are an employee of or have special influence in Infold in an attempt to obtain illegal benefits or affect the rights of other users;
(2) Use or upload illegal or inappropriate words or characters in Infold Games, including using them in the naming of a character;
(3) Disrupt Infold Games or prevent them from operating normally in any way, including but not limited to:
a）Actions involving violation and/or malicious registration and logging into the game, including but not limited to malicious bulk registration of game accounts, and logging into the game in a way that disrupts server authentication, maliciously squeezing of services, etc.;
b) Actions implying malicious behaviors that may lead to game server downtime, lag, or disrupt other game users, causing drops, delays, etc., such as using DDOS attacks on the game server or other players to carry out network traffic attacks, etc.;
c) Actions exploiting program bugs to engage in acts that benefit, damage the game environment, or have adverse effects to other users;
d) Actions negatively impacting the game experience of other users，including but not limited to maliciously injuring or killing teammates, engaging in malicious teaming, delivering malicious scores, reducing scores, negative hanging, escaping, and other negative gameplay that ruins the users' gaming experience;
e) Having anomalous Game Data or taking other actions that impede the fairness of the game.
(4) Use of private game server, plugin, Trojan horse, or virus;
(5) Use of game synchronizers, specifically including but not limited to the use of hardware synchronizers like keyboards and mice that enable you to control multiple computers simultaneously and synchronously for gaming, and the use of other hardware that allows abnormal performance in game efficiency or revenue data (collectively called "cheating hardware");
(6) Communicating illegal speech or inappropriate information;
(7)Stealing game accounts or items from other users;
(8) Trading game accounts or share game accounts and taking other actions which impact account security;
(9) Engaging in transactions with other users involving game virtual currency, game equipment, game coins, or other game props without Infold’s permission, or obtaining game virtual currency, game equipment, game coins, and other game props or game services from third parties through purchasing, accepting gifts, or other means without authorization or approval from Infold;
(10) Using discount channels for game recharges that are not authorized or approved by Infold, trading discounted game items (e.g., purchasing skins at reduced prices from non-Infold official channels), or entrusting a third party not authorized or approved by Infold to recharge on your behalf, or using third-party software not authorized or approved by Infold to recharge;
(11) Violating any provisions of this Agreement or any provisions of laws and regulations;
(12) Abiding by the laws and regulations of your country or region, respecting local values and customs. If your behavior violates local laws, regulations, or values and customs, you shall be independently responsible for it. You shall avoid involving Infold in political and public events due to your use of Infold Game Services; otherwise, Infold shall have the right to suspend or terminate the services provided to you.
(13) Other behaviors deemed improper in the network game industry.
The treatment measures specified in the preceding paragraph include, but are not limited to:
(1)Warning; and/or
(2) Banning from posting, including but not limited to wide bans across all game servers, bans on individual game servers, and bans on public channels; and/or;
(3) Content reset, including but not limited to resetting or forcibly modifying illegal information or content such as illegal nicknames, room names, pictures, etc. provided or uploaded by you; and/or
(4) Reducing or limiting your game revenue, including but not limited to the reduction of all data related to game character growth and upgrade (such as experience value, honor value, reputation value, titles, etc.) and the acquisition of virtual items such as props, equipment, virtual currency, etc. in the game; and/or
(5) Deleting the game account, Game Data, or other game-related information; and/or
(6) Restricting or prohibiting you from accessing specific scenes in the game or using specific features of the game; and/or
(7) Forcing to exit the game (kicking out of the game), including but not limited to being forced to exit from the entire game, or from a single in-game match, or any other in-game action you are taking; and/or
(8) Temporarily or permanently banning your game account from accessing Infold games (blocking); and/or
(9) Temporarily or permanently prohibiting access to Infold Games from specific terminals (including but not limited to PC terminals, mobile terminals, etc.) involved in your violation; and/or
(10) Suspending or terminating your use of the Infold Games and related services, or terminating this Agreement by unilateral notice to you; and/or
(11) Filing civil lawsuits to pursue your infringement, breach of Agreement, or other civil liability for your violation of law and regulations, and demanding that you compensate Infold for the damages suffered by Infold as a result of your violation of laws and regulations (including direct economic loss, loss of reputation or goodwill, and damages, settlement costs, attorneys' fees, litigation costs, and other consequential damages paid by Infold), or refering you to the relevant administrative authorities for administrative penalties, or referring you to judicial authorities for criminal liability; and/or
(12) Other handling measures announced by Infold through the game rules (including but not limited to user rules, regulations, game announcements, tips, and notices).
You acknowledge and agree that Infold has the right to determine whether you are using illegal plugins or cheating hardware, such as game synchronizers, based on your Game Data and performance anomalies due to the hidden nature of such hardware or its disappearance after use.
7.6 You acknowledge and agree that if Infold takes measures to block your game account in accordance with this Agreement, the specific period of blocking will be determined by Infold based on the circumstances of your violation.
You acknowledge and agree: (1) during the blocking period, the game virtual currency, game equipment, and other game props in your game account may not be used; (2) if the said game virtual currency, game equipment, and other game props have a certain expiration date, the expiration date may expire during the blocking period, and you will not be able to use such expired game virtual currency, game equipment, and other game props after your game account is unblocked.
8. Terms of Use for Minors
8.1 You and your guardian (if you are a minor) have carefully reviewed and agreed to the following:
(1)The special provisions on use for minors outlined on the first page hereof;
(2)Then you use Infold’s products and services, your rights may change in accordance with any changes in the laws governing the age and rights of minors in your country or region of residence;
(3)We will take diversified and comprehensive measures, in accordance with the law and this Agreement, to protect the legitimate rights and interests of minors using Infold’s products and services and to prevent them from excessive use beyond their physical and mental capabilities.
8.2 You acknowledge and agree that parents (or guardians) are legally obligated to manage and supervise the use of Infold’s products and services by underage users and assume corresponding responsibilities. Failure to comply with identity confirmation obligations may be considered identity fraud against Infold. In such cases, Infold reserves the right to hold you liable for civil liability, and any resulting losses shall be borne by you or your parents (or guardians).
8.3 You acknowledge and agree that, in order to protect the accounts, data, and privacy of users, especially minors, when an adult user or a user’s guardian requests a refund due to a purchase made by a minor under their guardianship, they must provide sufficient evidence to verify the minor’s identity. No refund will be processed until identity verification is completed. If a refund is granted in accordance with relevant laws and regulations, to prevent further disputes, the user agrees to follow Infold’s identity verification procedures and requirements. If deemed necessary by Infold, the user may also be required to sign a letter of undertaking, which will be included as part of the evidence supporting the refund request.
9 Change/Suspension/Termination of Services
9.1 Suspension and Termination of User Services
9.1.1 If you violate the provisions of this Agreement or the relevant laws and regulations, we have the right to suspend/terminate the provision of services to you in accordance with Article 3 hereof.
9.2 Interruption, Suspension and Termination of Servers
9.2.1 In order to maintain the normal operation of servers, we may need to regularly shut them down for routine maintenance or in case of emergencies for emergency maintenance. We ask for your understanding in the event of any interruption or suspension of our normal services caused by such maintenance activities, and we will make every effort to rectify the interruption as quickly as possible.
9.2.2 Where any of the following circumstances occur, we reserve the right to terminate or suspend all or part of our server services. We shall not accept any responsibility for any inconvenience or damage caused thereby to users or third parties:
a) In the event of regular inspections, construction activities, software or hardware updates, or other occurrences, we reserve the right to suspend our services temporarily. However, we will strive to complete the maintenance and updates as quickly as possible;
b) Our servers have malfunctioned due to any damages occurring to them;
c) Sudden failures have occurred in our software, hardware equipment, or electronic communication equipment;
d) Failures have occurred in the access lines and other facilities of network service providers;
e) Such termination or suspension is required by law or is necessary for the protection of the personal safety of users and third parties in case of an emergency;
f) Such termination or suspension is necessary for reasons attributable to third parties or due to the occurrence of other force majeure circumstances.
9.3 We reserve the right to terminate all or part of our gaming services whenever we deem it necessary. We will provide prior notice in accordance with the laws of the countries or regions of offering. Regardless of the reason for terminating our services, users are responsible for taking appropriate steps, which may include terminating or discontinuing the use of their accounts and dealing with in-game virtual items and other related matters. Except for compensation related to in-game virtual currencies that were purchased but not yet used by users, users may not request any other form of compensation or indemnification from us for our termination of services. This includes requests for compensation due to their inability to continue using their accounts, in-game virtual items, etc.
10.Intellectual Property Rights
10.1 All copyright, trademarks, patents, commercialization rights, trade secrets and other intellectual property rights, as well as other legitimate rights and interests of Infold Games (including but not limited to the entire game, all art, music, text works included in the game, and other components and parts of the game, as well as the continuous motion graphics displayed by Infold), and all information related to Infold Games (including but not limited to text, pictures, audio, video, graphics, interface design, layout, relevant data or electronic documents, etc.), are protected by the relevant international treaties. Infold is entitled to these intellectual property rights and legitimate rights and interests, except for the rights that the relevant rights holders are entitled to in accordance with the law. Without the prior written consent of Infold, you shall not use Infold Games (including but not limited to the entire game, all art, music, text works included in the game, and other components and parts of the game, as well as the continuous motion graphics displayed by Infold) for commercial purposes or distribute the content of Infold Games through information network dissemination.
10.2 You may upload, use, or distribute content to which you or a third party has intellectual property rights when using Infold Game Services, and Infold respects such intellectual property rights, provided that you warrant that you have obtained legal authorization from the relevant right holder prior to uploading or distributing such content, and that such authorization does not conflict with your performance of any of your obligations under this Agreement. You hereby grant Infold a worldwide, perpetual, irrevocable, free, and sublicensable license to use, modify, reproduce, translate, publish, transmit, alter, release, distribute, announce, link to, publicly perform, test, publicly transmit, distribute, promote on its own or with its partners, or otherwise use the content (including, but not limited to, text, images, music, performances, and audio and video recordings) uploaded or posted by you in a manner permitted by applicable law.
10.3 For the content you produce, create, upload, or publish when using the products and services provided by Infold (hereinafter referred to as “UGC Content,” including but not limited to text, pictures, audio, video, graphics, page design, software programs, or codes, etc.), you should ensure that you comply with Infold’s relevant rules for publishing UGC content (hereinafter referred to as the UGC Content Rules):
(1) If UGC Content includes content in which Infold holds intellectual property rights or other legitimate rights and interests, your use of UGC Content for commercial purposes shall be subject to the written authorization and consent of Infold and comply with the corresponding UGC Platform Rules.
(2) With respect to UGC Content, you grant us a perpetual, irrevocable, worldwide, free, transferable, sublicensable right to use UGC Content (such use includes but not limited to copying, distributing, leasing, display, performance, broadcasting, modification, adaptation, information network dissemination, and other uses, including use for commercial and non-commercial purposes, within and outside the games and services). You acknowledge and guarantee that such use by Infold, based on such agreements, will not infringe on the intellectual property rights and other legitimate rights and interests of any third party.
(3) You may only display the UGC Content on platforms approved by us or use the UGC Content in ways approved by Infold. Without the permission of Infold, you shall not or authorize any third party to distribute it on other platforms or use it for compilation, publication, derivation adaptation, or other use for commercial purposes, nor shall you authorize a third party to do so.
(4) You confirm and agree that you irrevocably grant us and our affiliates the right to defend against any infringement by a third party of the legitimate rights and interests of UGC Content in its own name or by appointing a professional third party (the forms of defense include but are not limited to monitoring the infringement, sending a letter of rights protection, filing a lawsuit or arbitration, mediation, and reconciliation, etc.). We have the right to make decisions and independently implement legal rights protection.
(5) According to the law, you enjoy the moral rights in UGC Content (such as publication, authorship, modification, and protection of the integrity of works). You confirm and agree that Infold may decide whether to sign your name and the way to sign your name according to the situation of the usage scenario of UGC, and you will not claim the said rights against Infold for the use of UGC Content by Infold and its affiliates as agreed herein.
(6) You shall ensure that the UGC Content produced, created, uploaded, or published when using the products and services provided by Infold is originally created by you or has been legally and effectively licensed, and that the intellectual property rights of such content are owned by you or your licensors, and that you have the right to license the UGC Content to us and our affiliates as provided in Article 10.3 of this Agreement. You confirm that your production, creation, uploading, or publication of UGC Content and our use of such UGC Content in accordance with Article 10.3 of this Agreement will not infringe the intellectual property rights or any other legal rights and interests (such as portrait rights, privacy rights, etc.) of others, nor will it violate any existing laws, regulations, administrative rules, and other prohibitions, as well as morality, public order, and good morals. - nor will it violate any existing laws, regulations, administrative rules, or other prohibitions, as well as regional values and customs, or undermine public order.
10.4 Notwithstanding the other provisions of this Agreement, Infold has ownership and intellectual property rights of any Game Data generated by you in the course of using Infold Game Services. Infold has the right to save and dispose of the Game Data. Infold will comply with relevant laws and regulations regarding the period for saving records of the user’s purchase of the Virtual Currency for games. The period for saving other Game Data shall be determined by Infold at its own discretion, but if otherwise provided by relevant laws and regulations, such provisions shall prevail.
10.5 Infold Games may involve third-party intellectual property rights. If relevant third parties have requirements for your use of such intellectual property rights in Infold Games, Infold will inform you of such requirements in an appropriate manner, and you shall comply with them.
10.6 All credit card and charge card holders are subject to verification, inspection, and authorization by the card issuer. If your payment card issuer refuses to authorize us to make payment, your order will not be accepted. You understand and agree that, in such circumstances, we will not be liable for any delay or non-delivery.
If you reside in the EU/UK, we or one of our third-party stores will be required by law to charge VAT or sales tax on your purchases, and you agree to provide us with such information as is reasonably necessary to determine the applicable rate of VAT or sales tax.
11. Disclaimer
11.1 OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WE MAKES NO REPRESENTATION OR WARRANTIES THAT: OUR SERVICES WILL BE ERROR-FREE AND UNINTERRUPTED, ALL DEFECTS HAVE BEEN CORRECTED, OR OUR SERVICES WILL NOT BE COMPROMISED BY VIRUSES OR ANY OTHER FACTOR; UNLESS EXPRESSLY PROVIDED BY LAW, WE HEREBY EXPRESSLY DISCLAIMS ANY GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO GUARANTEES REGARDING THE PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT OF OUR SERVICES.
11.2 UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS SUFFERED BY YOU IN THE COURSE OF USING OUR SERVICES DUE TO FORCE MAJEURE. FORCE MAJEURE AS REFERRED TO IN THIS AGREEMENT INCLUDES: NATURAL DISASTERS, CHANGES IN LAWS, REGULATIONS OR GOVERNMENT MANDATES, AND REASONS SPECIFIC TO THE CHARACTERISTICS OF NETWORK SERVICES, SUCH AS THE FAILURE OF BASIC TELECOM OPERATORS AT HOME AND ABROAD, TECHNICAL DEFECTS RELATED TO COMPUTERS, TERMINAL EQUIPMENT OR THE INTERNET, LIMITATION OF INTERNET COVERAGE, COMPUTER TERMINAL EQUIPMENT VIRUSES, HACKER ATTACKS, AND OTHER FACTORS, AS WELL AS OTHER UNFORESEEABLE, UNAVOIDABLE, AND INSURMOUNTABLE OBJECTIVE CIRCUMSTANCES WITHIN THE LEGAL SCOPE.
11.3 WE MAY, AT OURSOLE DISCRETION, CHANGE, TERMINATE, OR SUSPEND YOUR USE OF ANY OUR SERVICES AT ANY TIME WITHOUT GIVING YOU ANY PRIOR NOTICE, EXCEPT WHEN PRIOR NOTICE IS REQUIRED ACCORDING TO LAWS AND REGULATIONS OR AS AGREED WITH US. IF WE TERMINATE OR SUSPEND YOUR USE OF ANY OF OUR SERVICES IN ACCORDANCE WITH RELEVANT PROVISIONS DUE TO YOUR VIOLATION OF LAWS AND REGULATIONS OR PROVISIONS OF THIS AGREEMENT, WE SHALL NOT BE LIABLE TO YOU AND SHALL HAVE THE RIGHT TO REQUEST YOU TO ASSUME CORRESPONDING LIABILITIES.
11.4 YOUR ACCOUNT DATA, SUCH AS GAME CHARACTERS, PROPS, EQUIPMENT, AND CURRENCY, MAY BE ANOMALOUS DUE TO GAME SOFTWARE BUGS, VERSION UPDATE DEFECTS, THIRD-PARTY VIRUS ATTACKS, OR ANY OTHER FACTORS. BEFORE THE CAUSE OF DATA ANOMALY IS FOUND OUT, WE HAVE THE RIGHT TO TEMPORARILY FREEZE THE GAME ACCOUNT AND A FEW GAME CHARACTERS UNDER THE ACCOUNT. IF THE DATA ANOMALY IS FOUND TO BE ABNORMAL GAME BEHAVIOR, WE HAVE THE RIGHT TO RESTORE THE GAME ACCOUNT DATA TO THE ORIGINAL STATE BEFORE THE ANOMALY OCCURS (INCLUDING BUT NOT LIMITED TO RECOVERING THE TRANSFERRED DATA FROM THE THIRD PARTY) WITHOUT ANY LIABILITY TO YOU. WE HAVE THE RIGHT TO TAKE ONE OR MORE MEASURES AS SET FORTH IN ARTICLE 7.5 HEREOF IF THE DATA ANOMALY IS CAUSED BY YOUR ILLEGAL BEHAVIOR OR VIOLATION OF PROVISIONS DESCRIBED IN THIS AGREEMENT.
11.5 IN ORDER TO ENSURE FAIRNESS IN THE GAME, PLAYERS ARE NOT ALLOWED TO OBTAIN ACCOUNTS, IN-GAME PROPS, IN-GAME WEAPONS, GAME COINS, ETC., FROM THIRD PARTIES THROUGH PURCHASING, ACCEPTING GIFTS, OR ANY OTHER MEANS WITHOUT OUR PERMISSION OR AUTHORIZATION. WE ASSUME NO RESPONSIBILITY FOR THIRD-PARTY TRANSACTIONS AND WILL NOT ACCEPT ANY COMPLAINTS RELATED TO DISPUTES ARISING FROM SUCH TRANSACTIONS. THEREFORE, IF YOU ENGAGE IN SUCH ACTIVITIES AND INCUR LOSSES OR CAUSE LOSSES TO THIRD PARTIES, YOU WILL BE SOLELY RESPONSIBLE. IF THESE ACTIVITIES ALSO RESULT IN LOSSES TO INFOLD AND OTHER INFOLD USERS, INFOLD RESERVES THE RIGHT TO DEFEND ITS RIGHTS OR ASSIST OTHER USERS IN DEFENDING THEIR RIGHTS AGAINST YOU.
12. Breach of Contract Liability and Liability Limitation
12.1 Unless otherwise agreed in this Agreement, if you violate the provisions of this Agreement or other terms of service and cause a third party to file a complaint or lawsuit or other claims, you shall deal with it yourself and bear all legal responsibilities that may arise from it. If we or our affiliates pay compensation to any third party, suffer penalties from state authorities, or bear other losses as a result of your illegal or breach of contract, etc., you shall also compensate us or our affiliates in full for all losses suffered as a result. You agree to defend, indemnify, and hold us and/or our affiliates, employees, officers, managers, directors, agents harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses, unless otherwise provided by the laws of specific countries or regions) arising from or in connection with:
12.1.1 You access or use our services;
12.1.2 You breach or allegedly breach any term, condition, obligation, representation, or warranty contained in this Agreement;
12.1.3 Any material, content, or other information provided by you or on your behalf;
12.1.4 You violate any applicable law or the rights of a third party;
12.1.5 Your other illegal or inappropriate behavior.
12.2 IN NO EVENT SHALL WE BE LIABLE TO YOU OR A THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC BENEFITS), HOWEVER ARISING, WHETHER IN BREACH OF CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 OUR MAXIMUM AGGREGATE, CUMULATIVE LIABILITY AND THAT OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AND AFFILIATES WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID TO US BY YOU IN THE 12 MONTHS PRIOR TO YOU FILING A CLAIM AGAINST US. THESE LIMITATIONS AND EXCLUSIONS ON DAMAGES APPLY EVEN IF ANY REMEDIES PROVIDED BY US FAILS TO PROVIDE ADEQUATE COMPENSATION.
13.Relief
13.1 Injunctive Relief: Without prejudice to any other rights or remedies that Infold may have, you acknowledge and agree that in the event of any threat to or actual breach of this Agreement, Infold shall, without proof of special damage, be entitled to an injunction in addition to any damages or remedies to which Infold may be entitled. You irrevocably waive all rights to injunctive relief and further agree to claim only monetary damages from Infold.
13.2 Equitable Relief: You specifically agree and acknowledge that, to the maximum extent permitted by applicable law, Infold may suffer irreversible and irreparable harm if this Agreement is not performed in accordance with its terms. Accordingly, in addition to the remedies available to Infold under applicable law, you acknowledge that Infold is authorized to obtain appropriate equitable relief without bond, other security, or proof of damages.
13.3 Infold's access to equitable relief will not limit other relief otherwise available under applicable law.
14. Governing Law and Dispute Settlement
14.1 This Agreement shall be governed by and construed under the laws of Singapore, excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that all disputes relating to this Agreement or Infold shall first be resolved by peaceful negotiation between the parties (any dispute requiring negotiation shall be notified to Infold in writing in accordance with the contact information provided in this Agreement), and if a solution to the dispute cannot be effectively reached after thirty days of negotiation, any claims or legal actions between you and Infold shall be referred to the Singapore International Arbitration Centre (SIAC) for arbitration, which shall be conducted in accordance with such commission's arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought to a court in Singapore. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
14.2 Subject to applicable laws and regulations, both parties confirm that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not a class or representative action. If you do not accept these terms, please terminate your use of our services or send us a written notice of your desire to opt out of arbitration within thirty days.
15.Notice
15.1 To the maximum extent permitted by applicable law, we may send you notices (including but not limited to various rules, announcements, tips, or other information relating to the use of our services) by one or more of the following means, including but not limited to notices or announcements in our games, page announcements on our sites, games, official channels, site tips, cell phone messages, emails, or other contact information that you provide to us.
15.2 Once we have sent any notice in any of the ways mentioned above, it is deemed to have been received by you and to be binding on you. If you do not agree, please notify us in writing within fifteen days of receipt of such notice. Otherwise, you will be deemed to have accepted and agreed to such notice.
16. Severability
16.1 If any provision of this Agreement is held to be void or declared illegal, invalid, or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement, and the rest of this Agreement may not be affected and shall remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without our express prior written consent.
17. Non transferable
17.1 You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without our express prior written consent. Otherwise, we may, in our sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or region, this Agreement will be binding on you and any of your recipients. Notwithstanding the foregoing, we shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
18. Amendments to Agreement
18.1 We reserve the right to modify or amend this Agreement at any time without prior notice. You agree to regularly check for updates on information and terms regarding your use of our services and accept all such modifications and amendments. Your continued use of our services constitutes your acceptance of the latest updated Agreement and associated policies. If you disagree with any part of the current version of this Agreement or its policies, the license granted to you will terminate immediately, and you should discontinue accessing our services.
19. Miscellaneous
19.1 The headings of all terms in this Agreement are for convenience only and have no actual meaning, which shall not be used as the basis for interpretating the meaning of this Agreement.
19.2 No failure or delay on the part of Infold in exercising any right, power, or privilege hereunder shall operate as a waiver of it, nor shall prevent Infold from exercising such rights in the future.
19.3 This Agreement contains the entire agreement of the parties regarding the subject matter and supersedes any prior written or oral agreements (if any) between you and Infold.
19.4 “Affiliate” in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by, or is under common control with Infold.
19.5 YOU REPRESENT THAT YOU ARE ENTERING INTO THIS AGREEMENT ON A COMPLETELY VOLUNTARY BASIS AND YOU EXPECT NO COMPENSATION OTHER THAN WHAT IS EXPRESSLY GRANTED UNDER THIS AGREEMENT.
19.6 In case of any inconsistency between this Agreement and local laws of your country/region, local laws shall prevail and govern.
19.7 Subsection (i) below applies if you are a resident of North, South or Central America, and subsection (ii) applies if you are a resident of an area outside the Americas and Asia:
(i) The purchase and use of Items is governed by the Online Service Terms and User Agreement. This Online Service has been licensed to you by Sony Interactive Entertainment America.
(ii) Any content purchased on the In-Game Store is to be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and is subject to the terms and conditions of the PlayStation™Store provided on the PlayStation™Network Terms of Service and User Agreement. Please check the usage permissions for each purchase as these may vary from item to item. Unless otherwise stated, any content available in the In-Game Store has the same age rating as the game.
20. Contact
If you have any questions, inquiries, complaints, or reports regarding this Agreement or the Infold Game Service, you can contact us through the following means:
(1) E-mail：infinitynikki_cs@infoldgames.com
(2) Contact Address: 6 Raffles Quay, #14-06, Singapore
If you are dissatisfied with the products, activities, or services provided by Infold, or with the penalties imposed by Infold in accordance with laws, other policies, or as agreed in this Agreement, please submit your written complaint using the above contact information within seven days from the date you receive the notice of processing.
