License and Services Agreement

Welcome to use services from Happy Elements!

This Happy Elements License and Services Agreement (hereinafter referred to as "the Agreement" and defined below) is concluded by You and the provider of Happy Elements game service.  This agreement has contractual effect. In order to protect your legal rights, please carefully read and fully understand the content of each term, in particular terms concerning the exemption or limitation of liability, and the separate agreement for open or use a single service, before You agree and accept all terms of this agreement. Please pay attention to the Limitation and exemption terms which may be written in bold to highlight.

When You click the "Agree" or “Accept” button online, it is deemed that You have thoroughly read and understood all of the contents of this agreement, and agreed to comply with the provisions of this agreement.  Unless You have read and accept all the terms of this agreement, You will have no right to use the Happy Elements service.

Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian.  If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.

Upon any modification of this agreement, the modified content will be posted on the website homepage of the Happy Elements (www.happyelements.com). Modified service terms shall be effective and shall replace the original service terms at the moment of posting on the website homepage, without individual notification to users. If You do not agree to the modification of service terms, You should immediately stop using and cancel any related services. If you do not stop using the service or cancel the related services, your login or browsing use of the related service shall be regarded as your understanding and acceptance to the relevant modified terms. The developer and the user agree, understand and follow the below terms, which are applicable not only to Happy Elements service, but also to the developer's other relevant services for similar or related situation.  It is binding for all services and the use of any relevant or related services.

 Article I   Definitions

Unless specially prescribed otherwise, the following terms used in this agreement shall be defined as follows:

1.1. Agreement shall mean the text of this agreement, any game rules, and/or any modified versions of this agreement or game rules, such modifications deemed an integral part of this agreement upon their official release.  In the event this agreement is inconsistent with any law, regulation, and/or policy of the country/area where the game is released, the provisions of such law, regulation, and/or policy shall prevail and deemed a part of this agreement.  

1.2. Game Rules shall mean user codes, player regulations, game announcements, notices, etc. related to Happy Elements which are published and revised by a Provider of Happy Elements Service.

1.3. Provider of Happy Elements Service shall mean Happy Elements S.à r.l. with registered address at 39, Avenue John F. Kennedy, L-1855 Luxembourg and its affiliated companies who provide Happy Elements games and services to you. They are also collectively referred to as “Happy Elements” in this Agreement.

1.4. Happy Elements Game shall mean any game operated by Happy Elements, including, but not limited to PC games, web games, mobile games, etc. A Happy Elements Game provided in the form of software also includes relevant software and related documentation.

1.5. Happy Elements Game Service shall mean any online game-related operation service which is provided by Happy Elements to you.

1.6. Happy Elements Game Elements shall include the text, image, audio, video, icon, interface design, layout framework, related data and/or electronic documentation, etc.

1.7. You: (also known as "player" or "user") shall refer to the natural person who is authorized to use the Happy Elements products and services.

1.8. Game Data shall mean all data which are generated during your playing of Happy Elements games and recorded by the server, including, but not limited to, game logs, security logs, and similar data.

1.9. Illegal Recharge shall mean any game recharge not made through the payment channels of the official version of a Happy Elements Game.

1.10. Virtual Items shall include, but is not limited to, the virtual currency, props, equipment, materials and/or similar items contained in any Happy Elements Game.

1.11. User Information shall include your registration information in the real-name registration system, the data under your game account, and any other information collected based on security considerations, user experience/optimization, and/or other factors in the use of a Happy Elements Game Service.

 Article II   Statement on Intellectual Property Rights

2.1 Happy Elements shall be deemed the owner of any Happy Elements Game and any Happy Elements Game Elements as well as the owner of any and all intellectual property rights related to any Happy Elements Game and any Happy Element Game Elements, except for the rights that are owned by a third party in accordance with applicable laws, regulations, or other agreements.

2.2 All property and intellectual property rights in Game Data created in connection with the use of any Happy Elements Game Service shall be deemed to belong to Happy Elements.  Happy Elements has the exclusive right to dispose of any Game Data.

2.3 This Agreement shall not be deemed as licensing or transferring to You any rights and/or interests related to any Happy Elements Game and/or Happy Elements Game Elements.

2.4 If any intellectual property right contained in a Happy Elements Game or in Happy Elements Game Elements is owned by a third party, You shall use such intellectual property rights in the manner prescribed by this Agreement.  In the event, any third party were to bring an intellectual property infringement action against You due to your breach of this Agreement or for any other reasons unrelated to this Agreement, You shall bear responsibility for any such claim and shall compensate for any losses inflicted on Happy Elements.  

 Article III Registration, Use, and Preservation of a Game Account

3.1 Game account registration

(1). If You wish to use and enjoy a Happy Elements Game, You must accept this Agreement, complete the registration procedures in accordance with the requirements of any applicable laws and/or regulations, and complete the requirements set out on the registration page, including, but not limited to, correctly inputting the basic materials and information.  The user commits that he or she will register with his or her true identity, accepts identity verification, including, but not limited to, a true identity verification procedure carried out by Happy Elements or a third party assigned by Happy Elements, and guarantees that the materials and information provided are true, complete, and effective, and that the user shall undertake all corresponding legal responsibilities for the information provided in accordance with applicable laws and regulations and this agreement.

(2). After the successful registration, You will receive the corresponding account and password information.  You can then log into the game.

(3). In the event You refuse to provide the corresponding materials and information in accordance with our requirements or the materials and information provided do not conform to our requirements, Happy Elements has the right to refuse to provide any related service or undertake any obligation.  If there is any change in the materials and information provided by You, You should timely update Happy Elements.  In the event your identity cannot be proved, such as if your game account information is not timely updated, Happy Elements has the right to refuse to provide any information or undertake any obligation under this Agreement.

(4). You hereby acknowledge that pursuant to the terms of this Agreement, your rights are limited to using only the game account established by You, not any other right.  For the avoidance of doubt,you hereby acknowledge, confirm, and agree that any ownership rights in any game account, including, but not limited to, the one established by You, belong to Happy Elements.

(5). You have fully understood and agreed that: Happy Elements has the right to check if the identity information provided when You registered your game account is true and effective and has the right to take any reasonable measures, such as technology and management measures, to guarantee the safety and effectiveness of your game account.  Happy Elements will apply real - name registration information to the anti-addiction system applicable in China in accordance with related national requirements, which means Happy Elements may judge if You are an adult in accordance with your real - name registration information and decide if it is necessary to impose restrictions on your game account for anti-addiction purposes.

3. 2 Using and preservation of user accounts

(1). You are required to carefully preserve your game account and corresponding password and correctly and safely use your game account and password. The game account registered by You in accordance with the agreement can only be used for the purpose of your personal entertainment or consumption.  You are not allowed to share the game account with a third party or transfer or gift the game account to others or ask others to use your game account for practice.  For the avoidance of doubt, You agree that after logging in, all behavior or activity associated with the game account shall be deemed to be by You and You assume all responsibility for any behavior or activity corresponding with your game account.  In the event of any damage or infringement to any legal right of yours or others caused by the careless preservation of game account and/or user password information and/or any inability to correctly and safely use the game account and password which causes the loss of the account password and/or the theft of the account, You shall bear the legal responsibility.

(2). In the event your game account or user password has been compromised or illegally used, You shall immediately notify Happy Elements at the earliest time You know that your game account or user password has been illegally used, stolen by others or showed irregularities.  In such event, You have the right to request that Happy Elements take measures to suspend the log in and/or use of the game account.

(3). Upon notification of the request provided above and subject to the requirements outlined in this paragraph, Happy Elements shall take steps to suspend the log-in and use of your game account .  Happy Elements has the right to request that You provide and verify valid personal identity information consistent with the registered identity information You provided at the time the game account was registered.  Once Happy Elements verifies that the personal identity information provided is consistent with the registered identity information, it shall take steps take measures to suspend the log in and use of the game account.  In the event there is loss caused to the user due to the inability of Happy Elements to timely take measures to suspend user log-in or use of the game account, Happy Elements shall bear corresponding legal liability.  If You do not provide your valid personal identity information or the certificate of the valid personal identity provided by You is not consistent with the registered identity information, Happy Elements has the right to refuse the request to suspend log-in and/or use of the game account.

(4). You fully understand and agree that in order to improve the safety level of Happy Elements services, Happy Elements has the right to apply related technology or software to Happy Elements games, but Happy Elements does not guarantee that these safety measures may completely eradicate the risk of the game account being stolen or lost.

(5). You fully understand and agree that if Happy Elements limits, freezes, or terminates the use of your game account in accordance with related business regulations, it may cause the deletion of game data and any related information contained within your game account and the subsequent loss of related use rights.  Any such loss shall be borne by You; Happy Elements assumes no responsibility for it.

(6). You fully understand and agree that Happy Elements may send promotion information regarding the promotion of commodity, the game service or other related business information of Happy Elements or its partners and that such information may be sent by E-mail, short message or other methods to You.  If You do not wish to receive such kinds of information from Happy Elements, You may inform Happy Elements of your request of cancellation by the contact information released on the official website of Happy Elements.  In such instances, the promotion notifications will be canceled after verification by the developer.

(7). You fully understand and agree that in order to utilize the resources with high efficiency during the service period, if You do not use your game account to log in Happy Elements games for a long time, Happy Elements has the right (with notice in advance upon request) to take measures of game account disposal, such as deleting an account for a game, deleting any game data contained within a game account and/or any related information.  The above stated disposal may cause loss of corresponding rights and interests in the game account for which Happy Elements does not take any responsibility.

(8). In the event You provide effective personal identity information that is consistent with the registered identity information to Happy Elements for the maintenance of your lawful rights and interests, Happy Elements agrees to provide the necessary assistance and support, such as the certificate of the person registering account and the original registration information for You in accordance with requirements from administrative and judicial offices and shall provide information and materials to those departments as required.

 Article IV   The collection, usage and protection of User Information; Privacy Policy

4.1 You agree and authorize Happy Elements for the purpose of performance of this agreement to collect and use your User Information in accordance with the Privacy Policy published by Happy Elements at http://en.happyelements.com/site/privacy/ . Happy Elements agrees to collect and use your User Information in accordance with the Privacy Policy, this agreement and applicable laws and regulations.

4.2 If You disclose your property accounts, bank cards, credit cards, corresponding passwords and other important materials or information to any third party (i.e. anyone other than Happy Elements) when using Happy Elements Game Service, You shall bear any resulting losses.

 Article V   Happy Elements Game and Happy Elements Game Service

5.1 You may only use the Happy Elements game service for non-commercial purposes and in accordance with this Agreement, for the following activities, including:

(1) Receiving, downloading, installing, starting, upgrading, logging-in, displaying, operating and/or taking screenshots of a Happy Elements game;

(2) Creating game characters, setting net-names, referring to the rules of a game, creating user profiles and reviewing game results, setting up game parameters, appropriately using the chat function and the function of social sharing, and purchasing, using and presenting virtual items of a game in an appropriate manner.

(3) To use one or several functions supported and allowed by a Happy Elements game.

Any unauthorized installing, use, access, display, running and/or transfer shall be deemed a breach of this Agreement.

5.2 You shall not record and circulate game content to others in any way without permission from Happy Elements when using Happy Elements Game Service, including the use of any third-party software for network transmission, etc.

5.3 When a Happy Elements service is provided in the form of software, You shall also comply with the provisions of this Agreement about software downloading and installing when using a Happy Elements Game and/or its service.

5.4 If Happy Elements determines or receives a report or a complaint from others about your activities or content which violate  this Agreement, Happy Elements shall have the right to delete the related contents at any time without notice, and to sanction or penalize the game account or game account user, according to the situation of the violation and the degree of its seriousness, including, but not limited to, issuing a warning, restriction or ban of all or part of a game account’s functions, ban use of a game account, and/or logout the user from the game account, and publicly announce the results to others, including other game account users.

5.5 You agree that Happy Elements shall have the right to sanction and penalize for activity or behavior that in the reasonable judgment of Happy Elements violates relevant laws and regulations or the provisions of this Agreement and to take any appropriate action against any user for any such violations.  Happy Elements shall have the right to keep relevant information and report to the relevant departments according to applicable laws and regulations, etc.  The user shall bear sole legal responsibility for any activities or behavior causing such violation.

5.6  You fully understand and agree that You shall solely bear responsibility for any damage caused or incurred by any claims, demands or losses asserted by a third party due to your violation of the provisions of this Agreement or the terms of relevant service.  If Happy Elements suffers any loss, You shall also compensate Happy Elements for such loss.

5.7 You fully understand and agree that virtual goods are part of the Happy Elements Game Service.  Pursuant to the terms of this Agreement, Happy Elements permits You to obtain the rights to use these Virtual Items.  If You buy or use Virtual Items, You shall follow this Agreement and the specific requirements of the games.  At the same time, Virtual Items may be restricted by a certain validity and if You have not used them within the prescribed period of validity, the Virtual Items will be null and void automatically once the valid period expires, except for force majeure or for reasons attributable to Happy Elements.

5.8 You fully understand and agree that to create a fair and healthy game environment; Happy Elements shall have the right to know the random storage memory and the procedures that are running along with Happy Elements Game at the same time of your terminal equipment through technical means in the use of the Happy Elements Game Service.  In the event that any unauthorized and/or harmful procedures that influence the normal operation of Happy Elements Game Service are found, Happy Elements will collect all related information and take reasonable measures to address and restore the Happy Elements Game Service.

5.9 You fully understand and agree that when You use the payment function of Happy Elements game, You shall pay the corresponding fees according to Happy Elements requirements.  As such rights belong to the autonomy of the management of Happy Elements, Happy Elements reserves the right to change operation modes; namely, to modify the rate standards for charges, the charging software functions, the charge objects and the charge time, etc.  At the same time, Happy Elements reserves the rights to upgrade, change, add, delete, modify or change the functions or game rules of this application.  If You do not accept such changes, You shall stop using the application immediately; your behavior of continuing to use the application will be deemed that You accept the changed business model.

5.10 You fully understand and agree that in order to ensure You and other users' game speed, Happy Elements has the right to regularly transfer or remove prior game data stored on the Happy Elements game server.

5.11 You fully understand and agree that the game service You are using involves Internet services and therefore the game service may be affected by unstable factors in every link of the Internet.  As a consequence, this game service is under the risk of force majeure, the attacks of a virus or a hacker, an unstable system, the location of the user, the user being shutdown, as well as other reasons such as technology, the Internet, and communication lines that may cause a service interruption or fail to meet users' requirements.

As for this matter, within the maximum extent permitted by law, Happy Elements is not able to guarantee the provision of game services which will be able to meet your requirements, and we do not guarantee to provide a game service that will not be interrupted.  Furthermore, we are not able to and thereby do not guarantee the timeliness, security, error occurrence and/or whether information/data can be transferred accurately, timely, and/or smoothly for this game service.

5.12 You fully understand and agree that in the use of the Happy Elements Game Service, if there is any threatening, defamatory, offensive and/or illegal content or behavior from others or anonymous or pseudonymous information risk of invasions on the rights of others (including intellectual property rights), You undertake to assume the above risks.  Happy Elements will not make any kind of guarantee as to the game service, either explicit or implicit, as to the authenticity, commerciality, or suitability for a particular purpose, proprietorship and/or non-infringement of any information. Happy Elements shall not undertake any responsibility for direct, indirect, incidental, special, and/or subsequent damages caused by your improper or illegal use of the game service.

5.13 You shall fully understand and pay attention to the following:

(1). Happy Elements may periodically update applications by releasing software update packages and patches, upgrading online, etc.  In the process of updating, Happy Elements may retrieve and collect your personal information – for example, about client software version information, data, and other relevant information about your game, and automatically replace, modify, delete, and / or supplement such information.  If You do not agree with Happy Elements for this operation, then you should stop using the Happy Elements service; your use of a Happy Elements' product is deemed that You agree to any updates to applications by Happy Elements.

(2). For games, some updates may be updates of the software version.  If You do not update, You will not be able to login to the application.  Further, this updating operation will completely replace the old version on your terminal device with the new version of the application.

(3). There exists risk when You try to obtain virtual properties including game currencies, props and equipment from a third party.  You are prohibited to obtain the above virtual properties from a third party.  If You insist to do so, You shall bear the corresponding risk, and Happy Elements has the right to directly retrieve or delete these virtual properties or take other measures.

(4). Users’ violations of this Agreement may prevent You to continue using your current game account, for example, if the terminable virtual properties under your game account expire during the above operation term of Happy Elements.  Under this circumstance, You shall bear any loss caused thereby on your own.  In other words, during the duration of the above operations by Happy Elements use of virtual properties will be counted in the use duration of terminable virtual properties. After measures are taken, the use duration of terminable virtual properties will not be extended. 

5.14 Happy Elements may, through its official website, customer service hot line, game administrator, or in other ways, provide customer services such as the rules of the game, BUG or plug-in reports, game item retrieval, item lock or unlock, and account complaints to You.  You shall:

(1) Be informed of the contents, requirements and costs of customer services through Happy Elements official website or other channels provided by Happy Elements.  Please carefully decide whether to accept the relevant customer services, and accurately express your requests to the Happy Elements service staff.

(2) Understand and accept the special agreements or terms of Happy Elements on the customer service provided.

(3) Provide real personal information and game status to Happy Elements according to requirements, including valid identification, situation of other users or online game You are using.  Such would include, but would not be limited to:  a) Your game account and personal data under it; b) online game login status and game item status; c) BUG, plug-in and other users who are using plug-ins in the game application.

5.15 In the event of any the following circumstances, Happy Elements has the right to stop or interrupt the service provided by the game server, and Happy Elements shall not be liable to a user or a third party because of inconvenience or damage incurred thereby:

(1) Regular inspection or construction, updating of software and hardware, etc.  Happy Elements has the right to stop service, but will finish the work of updating and maintenance as soon as possible.

(2) Damage to a server that prevents normal working conditions;

(3) Sudden failures of software and hardware equipment and/or electronic communication equipment;

(4) Network provider line fault or other troubles;

(5) In emergency conditions, to protect national security or the safety of other users/third party;

(6) Force majeure and/or reasons caused in part or whole by a third party.

5.16 Happy Elements will, in accordance with relevant laws and regulations and the provisions of this Agreement, take effective measures to protect the legitimate rights and interests of minors in the use of Happy Elements services, including, taking possible technical measures, prohibiting minors from contacting improper games or game functions, limiting game time, etc.  Such measures are designed to help protect minors from web-addiction.  As part of the rules of a game, Happy Elements endeavors to release Happy Elements game user guidelines and alerts, including game content introductions, the proper way to play the game, and ways to prevent damage from gaming online.  All minor users should read and follow the instructions carefully under the direction of their legal guardian; other players, when using Happy Elements Game Service, should avoid releasing any content that may compromise a minor’s physical and/or psychological health, and together create a healthy game environment.

 Article VI User Code of Conduct

6.1 You fully understand and agree that You must be responsible for all conduct under your own game account, including any contents made by You and any consequences for activities attributable to your account You shall separately make a judgment on the contents of a Happy Elements Game and undertake all risks incurred due to the use of Happy Elements service, including risks incurred due to the dependence on correctness, completeness or practicability of Happy Elements content.  Happy Elements cannot and will not bear any responsibility for any losses or damages incurred due to the above risks.

6.2 In addition to the use of Happy Elements Game Service in accordance with this Agreement, You shall not engage in any infringement of intellectual property rights related to any Happy Elements Game or Happy Elements Game Elements, or to any other conducts that may be detrimental to the legitimate rights and interests of Happy Elements or other third parties.

6.3 Except as permitted by applicable laws or approved by Happy Elements in writing, in the process of using the Happy Elements Game Service, You shall not engage in the following conduct, including, but not limited to:

(1)  Delete the copyrighted information in the game or in its copy;

(2) Reverse engineer, reverse project, reverse assembly, decompile or undertake other ways to determine the software’s source code, etc.;

(3) Scan the game software, inspected it or test it to detect, find and/or search for possible BUGs or weaknesses;

(4) In the process of game software or software operation, and without legal authorization, copy, modify, add, delete, hitch operations or create any derivative works for data in any terminal, or interactive data between client side and server side in the process of software operation, and necessary system data in the software operation (the form includes, but is not limited to, the use of plugins, plug-in or third-party tool/service access software and relevant system);

(5) Modify or forge instructions and/or data in the software operation; Add, delete or change the software function or operation effect or the software and method used in the above purpose will be operated or spread to the public, no matter whether the above conducts belong to the commercial purpose;

(6) Happy Elements and Happy Elements Game Service are used through third-party software, plugins, plug-in, system not developed and authorized by Happy Elements, or the third-party software, plugins, plug-in and system not developed and authorized by Happy Elements are produced, released and spread.

(7) Using, leasing, lending, copying, modifying, linking, reprinting, assembling, releasing, publicizing, creating a mirror image website creation are implemented in the contents of intellectual property right owned by Happy Elements, relevant mirror image website of Happy Elements is established or web (network) snapshot is implemented, or starting a server and other ways are used to provide the exact same or similar services as Happy Elements for others.

(8) Any part of Happy Elements will be separated for the independent use or other uses which do not conform to this Agreement;

(9)  Any part of Happy Elements will be separated for the independent use or other uses which do not conform to this Agreement;

(10) Name, trademark or other intellectual property rights of Happy Elements are used;

(11) Other conducts without the authorization of Happy Elements.

6.4  If You implement any following conduct in the process of using Happy Elements Game Service, Happy Elements will depend on severe circumstances to take corresponding measures, such as temporary or permanent banned logging, deletion of game account and game data, deletion of relevant information in accordance with the provisions of this Agreement and relevant game rules, in case of severe circumstances, You will be handed over to the relevant administrative authorities for administrative penalty, or be prosecuted for your criminal liability:

(1) Make use of the game and the service to release, transmit, spread, store the contents endangering national security, reunification of the motherland, social stability, or insult, libel, eroticism, violence, any content causing others uneasy or violating social morality and national laws, regulations and policies or set the network name and role name including the above contents.

(2) Make use of the game and the service to release, transmit, spread, and store the contents that endanger others' intellectual property right, business confidentiality, portraiture right, privacy right and other legal rights.

(3) Implement any conducts that endanger the network security, including but not limited to: use the unauthorized data or access the server/account without permission; Access the public computer network or others' terminal system without permission, and cancel, revise or increase the storage information; try to search, scan and test this "software" system or network disadvantages without permission or make other behaviors which will damage the network safety; try to intervene and damage the normal operation of this "software" system or website, propagate malicious programs or virus on purpose, and make other behaviors which will damage and intervene the normal network information service; fake name and partial name of data packet.

(4) Engage in any conducts that damage Happy Elements service's fairness or affect the normal order of the game, such as proactive or passive score cheating, partnership cheating, the use of plug-in or other cheating software, making use of BUG (also called as "Loophole" or "Defect") to obtain improper illegal interests, or making use of the Internet or other ways to expose plug-in, cheating software and BUG.

(5) Make use of Happy Elements to engage in any commercial activities, such as advertising and selling goods, or engage in any illegal conducts in violation of interests of Happy Elements, such as selling game account, selling the game virtual items or information, illegal recharging, hiring others to provide the service inside the game and pay remuneration outside the game, including “Game Recharging” and “Game Leveling” for profit, “Virtual Voucher” transaction or provide intermediary service and advertising, etc. for profit, etc. Once found, Happy Elements shall have the right to terminate this user account and shall have the right to voluntarily determine the termination deadline in accordance with influence degree caused by you, and Happy Elements shall have the right to recycle and delete all of your abnormal data.

(6) Pretend to be Happy Elements service administrator or game forum administrator and moderator to release any fraud or false information.

(7) All kinds of illegal plug-in behaviors;

(8) Theft of others’ game account and game items;

(9) Privately engage in a game account transaction and other transactions, such as game props, game equipment and game currency, etc.;

Make use of the possible technical defects or loopholes in the online games to make profits for him/her and others by all kinds of ways.

(10) Make use of all kinds of charges provided in the use of Happy Elements or all or part of data information produced and stored in the process of free game to make profits for him/her and others by all kinks of ways.

(11) Promote the plug-in, private server, game leveling, coin cheating, trojan and other contents or expose the negative publicity on the Happy Elements.

(12) Make use of products and services provided by the Happy Elements to make profit in the reality and other misconducts widely recognized in the industry without the permission, no matter whether to be clearly listed in this Agreement.

6.5 Except for otherwise provided in this Agreement, without permission of Happy Elements, You shall not engage in any of the following conducts: if You are going to engage in any of the following conducts, please contact Happy Elements for the approval, and sign the electronic or paper written contract in accordance with the requirements of Happy Elements: 

(1) Modify, copy, release, rent, publish, translate, assemble, adapt, and/or reprint a game or any of its derivatives, or use the Internet or other ways to make it public.

(2) Produce, make, wholesale, sell, publish and/or release this game, adapt its derivatives.

(3) Provide the game with services, such as the test, BUG and plug-in tracking summarization, advertorial compilation and promotion, competitive intelligence collection.

(4) Use the game’s name and trademark, etc.

(5) Implement other relevant game service conducts other than the above conducts and needing the developer's consent.

6.6 If the user violates this agreement or relevant regulations, then Happy Elements shall be entitled to adopt one and more of the following measures:

(1)  The network connection between your current terminal and application server is immediately disconnected; You must log in again to continue using the application.

(2)  You are temporarily prohibited to use the current account to log in the network game.

(3)  You are temporarily prohibited to use a required payment function in the application until You pay off all due expenses and prepay corresponding expense to continue to use the above payment function.

(4)  The integral, grade and/or honor of your current account in the application are reduced or eliminated.

(5)  You are temporarily prohibited to release any comments by means of current account in the network game.

(6)  The advertising, false information or illegal comments released by You will be deleted permanently and irrevocably, or other measures are adopted to prevent their circulation.

(7)  Your illegally-obtained virtual currency, game props and/or game equipment and other game items will be deleted permanently or irrevocably, or will be returned to the other original users who have acquired their use right through the legal channels.

(8)  Your illegally-obtained integral, grade and/or honor will be canceled or reset permanently and irrevocably.

(9)  Any comments that You released in the application by means of the current will be prohibited permanently and irrevocably.

(10) All game props, game equipment, game currencies, integrals, grades, honors and other data and corresponding game data of your current account will be deleted permanently and irrevocably.

(11) The login application by right of your current account will be prohibited permanently and irrevocably and all data, game currencies, props, equipment and other data of the current generated in the application will be deleted and emptied.

(12) Other measures used other than the above measures.

Happy Elements may continuously, discontinuously or alternately adopts one or more of the above measures.

Of the same user’s any accounts or roles violate this Agreement or other rules, Happy Elements shall have the right to impose sanctions to all accounts and roles owned by this user, including but not limited to the suspension, termination and deletion of all accounts owned by this user.

 Article VII   Software Download and Install

7.1  In using the Happy Elements Game Service You may need to download and install the related software; You can directly obtain this software from the relevant website of Happy Elements and can also obtain it from a third party authorized by the Happy Elements.  If You do not obtain Happy Elements from a third party authorized by Happy Elements or obtain the same game as the name of Happy Elements, it will be deemed that You fail to obtain an authorization from Happy Elements.  In such circumstances, Happy Elements cannot guarantee the game's normal use and will not bear any liability for your losses.

7.2   Happy Elements may develop different software versions for different terminal devices or operating systems, including, but not limited to, windows, ios, android, windows phone, symbian, blackberry and other multiple application versions.  You should select and download the appropriate version for installation in accordance with the actual situation.  You need to follow the correct installation protocol according to the identified steps after the downloading and installation procedure.

7.3   If You do not need to use the software or need to install a new version, You can uninstall it by yourself.  If You are willing to help Happy Elements to improve the product service, please inform the reason for the uninstall.

7.4   In order to guarantee the security of Happy Elements service and the consistency of function, Happy Elements shall be entitled to update the software, or change or limit part of functional effect of the software without special notice to you.

7.5   The old version of software may not be available after the new version of software is released, Happy Elements will not guarantee that the old software version and/or corresponding customer service can be continuously used.  Please check and download the latest version at any time.

 

Article VIII Disclaimer

8.1  The situation and version of Happy Elements Game and Happy Element Game Service under this Agreement is based on what is actually provided to You.  Happy Elements does not guarantee that: the Happy Elements Game Service and Happy Elements Games are free from errors or will not be suspended, or that all defects have been corrected, or that a Happy Elements Game and/or Happy Elements Game Service will not be damaged by a virus or by any other factors.  Unless expressly stated in applicable laws, Happy Elements hereby clearly declares that we do not assume any express or implied guarantee of responsibility, including, but not limited to, a guarantee of performance, the applicability or non-infringement of a Happy Elements Game and/or Happy Elements Game Service.

8.2 Under any circumstance, Happy Elements will not bear liability for any loss incurred by You due to force majeure in the process of your use of a Happy Elements Game and/or Happy Elements Game Service.  Force majeure events include, but are not limited to, national laws, regulations, or policies, namely orders of national authorities, or other unpredictable, unavoidable and insurmountable events, such as earthquake, flood, snow disaster, fire disaster, tsunami, typhoon, strike and war.

8.3 Happy Elements can independently determine to alter, terminate and/or suspend your use of any Happy Elements Game and/or Happy Elements Game Service at will in accordance with the data or information that is known or mastered.  There need not be any advance notice to You, except as required in accordance with applicable laws or regulations, this Agreement, or any agreement between You and Happy Elements.  If You violate the provisions of laws and regulations, or this Agreement, Happy Elements may terminate and suspend your use of any Happy Elements Game and the Happy Elements Game Service in accordance with relevant provisions.  Under such circumstances, Happy Elements shall not assume any responsibility for You and shall have the right to request You to assume corresponding responsibility.

8.4 There may be abnormalities in a Happy Elements Game and Happy Elements Game Service in terms of your game role, game prop, game device, game currency and other account data due to game software, a BUG, version update defect, third-party virus attack, and other factors.  Before the reason for a data abnormality is identified, Happy Elements shall have the right to temporarily freeze a game account.  If data is identified as being part of an abnormal game behavior, Happy Elements shall have the right to restore game account data to its original state before the abnormality had occurred (including recovering any transferred data from a third party). Happy Elements assumes no legal liability or responsibility to You for any abnormality.

8.5 Happy Elements does not authorize You to obtain a game account, game prop, game device, game currency, etc. from any third party through the purchase, gift acceptance, or in any other manner.  Happy Elements shall not be responsible for the behavior of a third-party transaction, and will not accept any complaint incurred due to any third-party transaction disputes.

8.6 You fully understand that the advertising, link or other forms of sponsored content launched by a third parties in a Happy Elements game are provided by themselves and You should determine its authenticity for yourself.  Happy Elements makes no express or implied guarantees for their sponsored content.  Any transaction for products or services You make through Happy Elements or the links on the Happy Elements website are settled between You and the providers without any relation to Happy Elements.  Happy Elements does not assume any legal liability arising between You and the providers of products or services.

8.7 You fully understand that there are non-interconnected objective circumstances among the different operating systems and this objective circumstance is not caused by Happy Elements, and that such may cause your recharging and game data in an operating system to not be smoothly transferred to another operating system.  The recharging loss and game data loss risk caused due to your switch in a different system shall be borne by yourself; Happy Elements shall not be required to bear any responsibility.

8.8 You fully understand that mandatory fighting areas or playing methods may be set in a Happy Elements game.  If You disagree with the mandatory fighting area, please do not go into the game or the game area; your entry will be deemed to agree with the playing method and to accept the corresponding consequences.

 Article IX   Privacy Policy

Happy Elements will adopt the reasonable measures to protect the user's personal privacy information, unless otherwise agreed in this Agreement; Happy Elements service will abide by the relevant Privacy Policy uniformly released by the Happy Elements.

 Article X    Legal Supervision

10.1 You shall abide by local laws and regulations, respect local culture and customs in the process of Happy Elements Game Service. If your behavior violates the local laws and regulations or ethics and customs, You should be solely responsible for this.

10.2 You shall avoid getting involved in political and public events due to the use of Happy Elements service, otherwise, Happy Elements shall have the right to suspend or terminate the services for you.

 Article XI    Jurisdiction and Applicable Law

11.1 This Agreement shall be governed and interpreted under the laws of the People's Republic of China (excluding conflict of laws) on the basis that the parent company of the Provider of Happy Elements Service, which developed the Happy Elements Game, is based in the People’s Republic of China. However, in any dispute under this Agreement, You shall also be entitled to the benefit of any provisions of the laws of your home country which cannot be excluded by contract.

11.2 In case of any dispute or controversy between You and Happy Elements arise out of this Agreement, first of all, the parties shall friendly negotiate to solve the dispute; if the negotiation fails, either party may bring the dispute to any court of competent jurisdiction.

11.3 Headlines of all the clauses in the Agreement are written for reading convenience only, which have no actual meaning and cannot be treated as basis to interpret the Agreement.

11.4 In case of partial invalidity of any clause in this Agreement due to any reasons, the remaining clauses shall be still valid and binding on the parties.

 Article XII   Miscellaneous

In case of any opinions or suggestions on this Agreement or Happy Elements Game and Happy Element Game Service, You can contact Happy Elements Customer Service Department, and we will timely give You the necessary help. The contact information is as follows:

E-mail:Privacy@happyelements.com

Phone-Number:+86(10)52817668

 

Effective Date:2018.5.25